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118S1184 | Sister City Transparency Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1184 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1184
To direct the Comptroller General of the United States to conduct a
study to evaluate the activities of sister city partnerships operating
within the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mrs. Blackburn (for herself, Mr. Marshall, Mr. Tillis, Mr. Braun, Mr.
Rubio, and Mr. Cramer) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To direct the Comptroller General of the United States to conduct a
study to evaluate the activities of sister city partnerships operating
within the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sister City Transparency Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Education and the Workforce of
the House of Representatives; and
(F) the Committee on Armed Services of the House of
Representatives.
(2) Foreign community.--The term ``foreign community''
means any subnational unit of government outside of the United
States.
(3) Sister city partnership.--The term ``sister city
partnership'' means a formal agreement between a United States
community and a foreign community that--
(A) is recognized by Sister Cities International;
and
(B) is operating within the United States.
(4) United states community.--The term ``United States
community'' means a State, county, city, or other unit of local
government in the United States.
SEC. 3. STUDY OF SISTER CITY PARTNERSHIPS OPERATING WITHIN THE UNITED
STATES INVOLVING FOREIGN COMMUNITIES IN COUNTRIES WITH
SIGNIFICANT PUBLIC SECTOR CORRUPTION.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the activities of sister city partnerships involving
foreign communities in countries receiving a score of 45 or less on
Transparency International's 2019 Corruption Perceptions Index.
(b) Elements of the Study.--The study conducted under subsection
(a) shall--
(1) identify--
(A) the criteria by which foreign communities
identify United States communities as candidates for
sister city partnerships, including themes with respect
to the prominent economic activities and demographics
of such United States communities;
(B) the activities conducted within sister city
partnerships;
(C) the economic and educational outcomes of such
activities;
(D) the types of information that sister city
partnerships make publicly available, including
information relating to contracts and activities;
(E) the means by which United States communities
safeguard freedom of expression within sister city
partnerships; and
(F) the oversight practices that United States
communities implement to mitigate the risks of foreign
espionage and economic coercion within sister city
partnerships;
(2) assess--
(A) the extent to which United States communities
ensure transparency regarding sister city partnership
contracts and activities;
(B) the extent to which sister city partnerships
involve economic arrangements that make United States
communities vulnerable to malign market practices;
(C) the extent to which sister city partnerships
involve educational arrangements that diminish the
freedom of expression;
(D) the extent to which sister city partnerships
allow foreign nationals to access local commercial,
educational, and political institutions;
(E) the extent to which foreign communities could
use sister city partnerships to realize strategic
objectives that do not conduce to the economic and
national security interests of the United States;
(F) the extent to which sister city partnerships
could enable or otherwise contribute to foreign
communities' malign activities globally, including
activities relating to human rights abuses and academic
and industrial espionage; and
(G) the extent to which United States communities
seek to mitigate foreign nationals' potentially
inappropriate use of visa programs to participate in
activities relating to sister city partnerships; and
(3) review--
(A) the range of activities conducted within sister
city partnerships, including activities relating to
cultural exchange and economic development;
(B) how such activities differ between sister city
partnerships; and
(C) best practices to ensure transparency regarding
sister city partnerships' agreements, activities, and
employees.
(c) Report.--
(1) In general.--Not later than 6 months after initiating
the study required under subsection (a), the Comptroller
General shall submit a report to the appropriate congressional
committees that contains the results of such study, including
the findings, conclusions, and recommendations (if any) of the
study.
(2) Form.--The report required under paragraph (1) may
include a classified annex, if necessary.
<all>
</pre></body></html>
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118S1185 | Protecting Access for Hunters and Anglers Act of 2023 | [
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"Sen... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1185 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1185
To prohibit the Secretary of the Interior and the Secretary of
Agriculture from prohibiting the use of lead ammunition or tackle on
certain Federal land or water under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Daines (for himself, Mr. Boozman, Mr. Braun, Mr. Wicker, Mr. Risch,
Mr. Crapo, Mrs. Hyde-Smith, Mr. Tillis, Mr. Marshall, Ms. Lummis, Mr.
Scott of Florida, Mr. Barrasso, Mr. Ricketts, Mr. Cramer, Mr. Mullin,
Mr. Hoeven, Mr. Sullivan, Mrs. Fischer, Mr. Cotton, Mr. Thune, Mr.
Budd, Mrs. Capito, Mr. Rounds, Mr. Hawley, and Mr. Tuberville)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To prohibit the Secretary of the Interior and the Secretary of
Agriculture from prohibiting the use of lead ammunition or tackle on
certain Federal land or water under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Access for Hunters and
Anglers Act of 2023''.
SEC. 2. PROTECTING ACCESS FOR HUNTERS AND ANGLERS ON FEDERAL LAND AND
WATER.
(a) In General.--Except as provided in section 20.21 or 20.108 of
title 50, Code of Federal Regulations (as in effect on the date of
enactment of this Act), and subsection (b), the Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service or the Director of the Bureau of Land Management, and
the Secretary of Agriculture, acting through the Chief of the Forest
Service (referred to in this section as the ``applicable Secretary''),
may not--
(1) prohibit the use of lead ammunition or tackle on
Federal land or water that is--
(A) under the jurisdiction of the applicable
Secretary; and
(B) made available for hunting or fishing
activities; or
(2) issue regulations relating to the level of lead in
ammunition or tackle to be used on Federal land or water
described in paragraph (1).
(b) Exception.--Subsection (a) shall not apply to a prohibition or
regulations described in that subsection that are limited to a specific
unit of Federal land or water, if the applicable Secretary determines
that--
(1) a decline in wildlife population at the specific unit
of Federal land or water is primarily caused by the use of lead
in ammunition or tackle, based on the field data from the
specific unit of Federal land or water; and
(2) the prohibition or regulations, as applicable, are--
(A) consistent with the law of the State in which
the specific Federal land or water is located;
(B) consistent with an applicable policy of the
fish and wildlife department of the State in which the
specific Federal land or water is located; or
(C) approved by the applicable fish and wildlife
department of the State in which the specific Federal
land or water is located.
(c) Federal Register Notice.--The applicable Secretary shall
include in a Federal Register notice with respect to any prohibition or
regulations that meet the requirements of paragraphs (1) and (2) of
subsection (b) an explanation of how the prohibition or regulations, as
applicable, meet those requirements.
<all>
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118S1186 | Restricting First Use of Nuclear Weapons Act of 2023 | [
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"V0001... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1186 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1186
To restrict the first-use strike of nuclear weapons.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Markey (for himself, Mr. Merkley, Ms. Warren, Mr. Murphy, Mr. Van
Hollen, Ms. Smith, Mr. Welch, and Mr. Sanders) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To restrict the first-use strike of nuclear weapons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restricting First Use of Nuclear
Weapons Act of 2023''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds the following:
(1) The Constitution gives Congress the sole power to
declare war.
(2) The framers of the Constitution understood that the
monumental decision to go to war, which can result in massive
death and the destruction of civilized society, must be made by
the representatives of the people and not by a single person.
(3) As stated by section 2(c) of the War Powers Resolution
(Public Law 93-148; 50 U.S.C. 1541), ``the constitutional
powers of the President as Commander-in-Chief to introduce
United States Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is clearly indicated
by the circumstances, are exercised only pursuant to (1) a
declaration of war, (2) specific statutory authorization, or
(3) a national emergency created by attack upon the United
States, its territories or possessions, or its armed forces''.
(4) Nuclear weapons are uniquely powerful weapons that have
the capability to instantly kill millions of people, create
long-term health and environmental consequences throughout the
world, directly undermine global peace, and put the United
States at existential risk from retaliatory nuclear strikes.
(5) A first-use nuclear strike carried out by the United
States would constitute a major act of war.
(6) A first-use nuclear strike conducted absent a
declaration of war by Congress would violate the Constitution.
(7) The President has the sole authority to authorize the
use of nuclear weapons, an order which military officers of the
United States must carry out in accordance with their
obligations under the Uniform Code of Military Justice.
(8) Given its exclusive power under the Constitution to
declare war, Congress must provide meaningful checks and
balances to the President's sole authority to authorize the use
of a nuclear weapon.
(b) Declaration of Policy.--It is the policy of the United States
that no first-use nuclear strike should be conducted absent a
declaration of war by Congress.
SEC. 3. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR STRIKES.
(a) Prohibition.--No Federal funds may be obligated or expended to
conduct a first-use nuclear strike unless such strike is conducted
pursuant to a war declared by Congress that expressly authorizes such
strike.
(b) First-Use Nuclear Strike Defined.--In this section, the term
``first-use nuclear strike'' means an attack using nuclear weapons
against an enemy that is conducted without the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff first confirming to the
President that there has been a nuclear strike against the United
States, its territories, or its allies (as specified in section 3(b)(2)
of the Arms Export Control Act (22 U.S.C. 2753(b)(2))).
<all>
</pre></body></html>
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118S1187 | Fairness to Freedom Act of 2023 | [
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"S000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1187 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1187
To establish the right to counsel, at Government expense for those who
cannot afford counsel, for people facing removal.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mrs. Gillibrand (for herself, Mr. Booker, Mr. Padilla, Mr. Markey, Mr.
Sanders, Ms. Warren, and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish the right to counsel, at Government expense for those who
cannot afford counsel, for people facing removal.
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 ``Fairness to
Freedom Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GUARANTEEING THE RIGHT TO COUNSEL
Sec. 101. Guaranteeing and expanding the right to counsel.
Sec. 102. Public charge.
TITLE II--OFFICE OF IMMIGRATION REPRESENTATION
Sec. 201. Definitions.
Sec. 202. Establishment; purpose; independence.
Sec. 203. Board of Directors.
Sec. 204. Director.
Sec. 205. Employees.
Sec. 206. Local immigration representation boards.
Sec. 207. Types of immigration defenders.
Sec. 208. Compensation and reimbursement of counsel expenses.
Sec. 209. Services other than counsel.
Sec. 210. Immigration Representation Advisory Board.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
Sec. 302. Minimum funding for the Office of Immigration Representation.
TITLE I--GUARANTEEING THE RIGHT TO COUNSEL
SEC. 101. GUARANTEEING AND EXPANDING THE RIGHT TO COUNSEL.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended to read as follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--Any individual in any removal, exclusion,
deportation, bond, or expedited removal proceeding under section
212(d)(5)(A), 235(b)(1)(B), 236, 238, 240, or 241 or in any matter
related to any such proceeding before U.S. Citizenship and Immigration
Services, any State court, or any court created under article III of
the Constitution of the United States, any individual who is
financially unable to obtain representation subject to such proceeding
shall be entitled to legal representation at Government expense in
accordance with this section.
``(b) Matters Included.--Proceedings and matters referred to in
subsection (a) shall include--
``(1) petitions for a writ of habeas corpus under section
2241 of title 28, United States Code, or any other similar
proceeding;
``(2) administrative and judicial proceedings for
individuals who may be eligible for special immigrant juvenile
status under section 101(a)(27)(J)(ii);
``(3) applications before the U.S. Citizenship and
Immigration Services related to relief from removal, and post-
conviction relief in criminal proceedings;
``(4) post-conviction relief in criminal proceedings; and
``(5) any other legal proceeding involving an individual
described in subsection (a) that is related to such
individual's legal status in the United States.
``(c) Scope of Counsel.--
``(1) Advocacy.--Consistent with Rule 1.3 of the American
Bar Association's Model Rules of Professional conduct,
attorneys and other persons providing representation to
individuals in proceedings or matters described in subsection
(a) shall--
``(A) act with reasonable diligence, promptness,
commitment, and dedication to the interests of the
client and with zeal in advocating on the client's
behalf; and
``(B) hold the Government to its burden by
presenting the fullest defense possible in each such
proceeding or matter.
``(2) Scope of representation.--Representation under this
section shall include--
``(A) counsel and interpretation and translation
services; and
``(B) any other services that are necessary for
effective representation, including the services
described in section 209 of the Fairness to Freedom Act
of 2023.
``(3) Commencement of representation.--
``(A) In general.--The right to counsel of a person
detained in, or released from, the custody of the
Department of Homeland Security or the Department of
Health and Human Services shall attach at the earlier
of--
``(i) the placement of the person in the
custody of either department, regardless of
whether the person has been formally placed in
a proceeding described in subsection (a); or
``(ii) the issuance to the person of a
Notice to Appear or other document initiating
proceedings under section 235, 238, 240, or
241.
``(B) Clarification.--The appointment of counsel
based on the issuance of a Notice to Appear shall occur
regardless of whether the Notice to Appear has been
filed with the immigration court. The appointment of
counsel for a detained person shall occur as soon as
possible, but in no event later than 24 hours after
such person is taken into the custody of the Department
of Homeland Security.
``(4) Continuous representation.--
``(A) In general.--An individual for whom counsel
is appointed under this section shall be represented
continuously at every stage of proceedings beginning
with the initial appearance before any official with
adjudicatory authority and including any proceedings
before the Immigration Courts, the Board of Immigration
Appeals, Federal district courts, Federal courts of
appeal, and the United States Supreme Court, including
ancillary matters related to the proceedings described
in subsection (a), and ending when all such proceedings
have concluded.
``(B) Appointment of different counsel.--If the
nature of the representation needed by a person in
proceedings under this section requires the appointment
of different representatives for different stages of
such proceedings, all such representatives shall comply
with the minimum standards of representation described
in paragraph (1).
``(C) Appointment of new counsel after
relocation.--The Office of Immigration Representation
established under section 202 of the Fairness to
Freedom Act of 2023 shall ensure that each individual
who is released from custody and moves to a State or
municipality other than the State or municipality in
which he or she was in custody, or who is transferred
to a detention facility in another State or
municipality is provided with counsel in the new State
or municipality in which the individual resides or is
detained.
``(5) Construction.--This subsection shall be broadly
construed to attach in any proceeding and related matter,
including any petition for review or appellate process, request
for re-interview, request for reconsideration, and motion to
reopen, arising from a proceeding or matter described in
subsection (a).
``(d) Eligibility and Commencement of Immigration Proceedings.--
``(1) Notification.--A proceeding described in subsection
(a) shall not commence until counsel has been appointed to
represent the individual subject to such proceeding. If such a
proceeding has already commenced without the appointment of
counsel, such proceeding shall be paused until such counsel is
appointed. Before commencing a proceeding described in
subsection (a), the adjudicatory official, who may be an
official of U.S. Immigration and Customs Enforcement or of U.S.
Customs and Border Protection, under a plan approved by the
Office of Immigration Representation, shall notify the
individual subject to such proceeding that--
``(A) such individual has the right to be
represented by counsel; and
``(B) counsel will be appointed to represent such
individual before the commencement of such proceeding
if the individual--
``(i) has not retained private counsel; and
``(ii) is financially unable to obtain
counsel.
``(2) Determination of financial ability to obtain
counsel.--
``(A) In general.--An individual shall be deemed to
be financially unable to obtain counsel under paragraph
(1)(B)(ii) if the individual's net financial resources
and income are insufficient to obtain qualified
counsel.
``(B) Eligibility for counsel.--An individual who
makes a sworn statement to the adjudicatory official
referred to in subsection (a) that he or she is a
member of a family whose income is not more than 200
percent of the poverty line (as defined in section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) is eligible for Government-appointed
counsel under this section.
``(3) Access to pertinent documents and information.--
``(A) In general.--An individual described in
subsection (a) and his or her counsel shall
automatically receive a complete copy of all documents
and information pertaining to such individual that are
in the possession of the Department of Homeland
Security or the Department of Health and Human
Services, including documents obtained from other
Government agencies, unless the disclosure of any such
document or information is barred by privilege or
otherwise prohibited by law.
``(B) Records.--Not later than 7 days after counsel
is appointed to represent an individual under this Act,
the Director of U.S. Citizenship and Immigration
Services shall--
``(i) provide such individual and counsel
with a complete copy of the individual's
immigration file (commonly known as the `A-
file'); and
``(ii) facilitate the provision to such
individual and counsel of a copy of any Record
of Proceeding that is in the possession of the
Department of Homeland Security, the Department
of Health and Human Services, or the Department
of Justice (other than documents protected from
disclosure under section 552(b) of title 5,
United States Code).
``(4) Restriction.--A proceeding described in subsection
(a) may not commence before the date that is 10 days after the
date on which the individual, or the individual's counsel, has
received all of the documents described in paragraph (3), in
order to review and assess such documents, unless the
individual or his or her counsel knowingly and voluntarily
waives such restriction.
``(e) Appointment of Counsel.--
``(1) Notification requirement.--If an individual who is
entitled to representation under this section is not
represented by counsel, the adjudicatory official shall--
``(A) notify the Local Administrator appointed
pursuant to section 206(k)(3) of the Fairness to
Freedom Act of 2023 (or the designee of the Local
Administrator) that such individual is not represented
by counsel; and
``(B) advise such individual--
``(i) of his or her right to be represented
by counsel; and
``(ii) that such counsel will be appointed
if such person is financially unable to obtain
counsel.
``(2) Waiver.--An individual's right to be represented by
appointed counsel may only be waived by the individual--
``(A) in the physical presence of appointed
counsel;
``(B) if such waiver is knowing and voluntary; and
``(C) if the individual demonstrates that he or
she--
``(i) understands the nature of any charges
and the possible defenses and outcomes; and
``(ii) possesses the knowledge and
intelligence necessary to conduct his or her
own defense.
``(3) Appeal of waiver; retroactive appointment.--Counsel
may appeal any putative waiver to the Office of Immigration
Representation established under section 202 of the Fairness to
Freedom Act of 2023 if counsel reasonably believes that such
waiver did not meet the requirements under paragraph (2). If
the Office of Immigration Representation concurs with counsel's
assessment, the Office may retroactively appoint counsel in
order to include any representation furnished pursuant to the
plan before such appointment.
``(4) Appointment of counsel.--Unless an individual waives
representation by counsel pursuant to paragraph (2), the Local
Administrator, upon notification that an individual may meet
the criteria for appointed counsel, shall appoint counsel for
such individual in accordance with the Local Plan developed
pursuant to section 206(k)(1) of the Fairness to Freedom Act of
2023 if the Local Administrator determines, after appropriate
inquiry, that such individual is financially unable to obtain
counsel. An appointment under this paragraph may be made
retroactive to include any representation furnished to such
individual by such counsel before such appointment.
``(5) Appointment of separate counsel.--The Local
Administrator shall appoint separate counsel for individuals
who are subjected to the same proceeding or related proceedings
if--
``(A) the interests of such individuals cannot,
consistent with ethical responsibilities and manageable
workloads, be properly be represented by a single
counsel; or
``(B) the Local Administrator demonstrates another
good cause for appointing separate counsel.
``(6) Consolidated cases.--
``(A) In general.--Subject to paragraph (5) and
except as provided in subparagraph (B), if the Attorney
General consolidates the case of an individual for whom
counsel was appointed pursuant to subsection (a) with
the case of another individual without counsel, the
counsel appointed pursuant to subsection (a) shall be
appointed to represent such other individual unless a
conflict of interest would prevent joint
representation.
``(B) Conflict of interest.--If a conflict of
interest prevents joint representation under
subparagraph (A), the Local Administrator shall appoint
separate counsel for the individuals referred to in
such subparagraph unless the Local Administrator
demonstrates that there is a good cause for not
appointing separate counsel.
``(7) Change of financial circumstances during
proceedings.--If an individual who has retained counsel becomes
financially unable to pay such counsel and is eligible for
appointed counsel under this section, the Local Administrator
may appoint counsel for such individual in accordance with this
section.
``(8) Substitution of counsel.--The Local Administrator, in
the interests of justice, upon a showing of good cause, and
consistent with ethical requirements applicable to attorneys
practicing in the region, substitute an appointed counsel for
another appointed counsel at any stage of a proceeding referred
to in subsection (a).
``(f) Access to Counsel.--
``(1) In general.--If an individual is subject to
proceedings described in subsection (a) or to detention or
inspection at a port of entry, U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, or the
Office of Refugee Resettlement, as appropriate, shall--
``(A) facilitate access for such individual to
counsel; and
``(B) ensure that counsel appointed under this
section is permitted to meet in person with such
individual in a confidential, private setting when
requested during the first 12 hours the individual is
detained and as soon as practicable after subsequent
meeting requests.
``(2) Alternative meeting options.--If counsel appointed
pursuant to this section cannot personally meet with an
individual described in paragraph (1) to whom such counsel was
appointed to represent, U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, or the Office of
Refugee Resettlement, as appropriate, at the request of such
individual or the counsel of the individual, shall provide
alternative options through which counsel may communicate with
such individual remotely in a confidential, private manner
during the first 12 hours such individual is detained and as
soon as practicable after subsequent meeting requests.
``(3) Effect of failure to provide timely access to
counsel.--If U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, or the Office of Refugee
Resettlement, as applicable, fails to timely provide an
individual with access to counsel in accordance with paragraph
(1) or (2), no statement made by the individual before such
access has been made available may be introduced into evidence
against the respondent except on a motion by the appointed
counsel, who shall be entitled to a continuance in the
proceedings giving rise to the appointment of such counsel.
``(4) Limitation.--An individual held or detained at a port
of entry may not submit a valid Record of Abandonment of Lawful
Permanent Resident Status or Withdrawal of Application for
Admission if U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement has failed to provide such
individual with access to counsel in accordance with this
section.
``(5) Institutional hearing program.--Individuals held in
Federal, State, or local criminal custody who are placed in any
proceeding described in subsection (a) shall be ensured access
to counsel consistent with the requirements of this section. No
statement made by the respondent before such access has been
made available may be introduced into evidence against the
respondent except on appointed counsel's own motion. Counsel
shall be entitled to a continuance in the proceedings giving
rise to his or her appointment.
``(6) Termination of proceedings.--If the Local
Administrator fails to provide counsel to an individual in
accordance with this section, the Secretary of Homeland
Security or the Attorney General, as appropriate, shall
terminate any proceedings involving such individual with
prejudice.''.
SEC. 102. PUBLIC CHARGE.
Seeking or receiving appointed counsel under section 292 of the
Immigration and Nationality Act, as amended by section 101, may not be
serve as the basis for any determination that the individual seeking or
receiving such services is likely to become a public charge for the
purposes of determining the admissibility, removability, excludability,
or deportability of such individual under such Act, or in any other
proceeding in which such individual's likelihood of becoming a public
charge is at issue for immigration purposes.
TITLE II--OFFICE OF IMMIGRATION REPRESENTATION
SEC. 201. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office.
(2) Director.--The term ``Director'' means the Director of
the Office of Immigration Representation appointed pursuant to
section 206(k)(1).
(3) Immigration public defender organization.--The term
``Immigration Public Defender Organization'' means an
organization established by a Local Board pursuant to section
207(a)(1).
(4) Local board.--The term ``Local Board'' means a local
immigration representation board established within a region
pursuant to section 206(a).
(5) Office.--The term ``Office'' means the Office of
Immigration Representation established under section 202(a).
(6) Panel attorney.--The term ``Panel Attorney'' means a
private attorney appointed by a State or local Office of Public
Defender to provide legal services to an individual who cannot
afford legal representation.
SEC. 202. ESTABLISHMENT; PURPOSE; INDEPENDENCE.
(a) Establishment.--There is established in the District of
Columbia a private nonprofit corporation, which shall be known as the
Office of Immigration Representation.
(b) Purpose.--The purpose of the Office shall be to ensure high-
quality legal representation and related services to all individuals
described in section 292(a) of the Immigration and Nationality Act, as
amended by section 101, who cannot afford representation.
(c) Independence.--Except as otherwise provided in this Act, the
Office shall exercise its authority independently of any Government
official, agency, or department, including the Department of Justice,
the Department of Homeland Security, and the Department of Health and
Human Services.
SEC. 203. BOARD OF DIRECTORS.
(a) Number and Appointment.--
(1) In general.--The Office shall be governed by a Board of
Directors, consisting of 24 members who shall be appointed not
later than 1 year after the date of the enactment of this Act,
in accordance with paragraph (2).
(2) Initial judicial appointments.--
(A) In general.--Subject to subparagraphs (B) and
(C), the chief judge of each United States Court of
Appeals (except for the chief judge for the Federal
Circuit) shall appoint 2 individuals to the Board who
meet the requirements set forth in subsection (b).
(B) Staggered terms of service.--The terms of
service of the members of the Board appointed pursuant
to subparagraph (A) shall be staggered so that--
(i) 6 members serve an initial term of 1
year;
(ii) 6 members serve an initial term of 2
years;
(iii) 6 members serve an initial term of 3
years; and
(iv) 6 members serve an initial term of 4
years.
(C) Circuits.--
(i) Eastern circuits.--The chief judge of
the 1st, 2nd, 3rd, 4th, 11th, and DC Circuit
Courts of Appeals shall appoint 1 individual to
serve an initial term of 1 year and 1
individual to serve an initial term of 4 years.
(ii) Remaining circuits.--The chief judge
of the 5th, 6th, 7th, 8th, 9th, and 10th
Circuit Courts of Appeals shall appoint 1
individual to serve an initial term of 2 years
and 1 individual to serve an initial term of 3
years.
(3) Immigration representation advisory board
appointments.--
(A) Initial appointments.--Upon the expiration of
the initial term of the 6 members of the Board who were
appointed to 1-year terms pursuant to paragraph
(2)(B)(i), the Immigration Representation Advisory
Board established under section 210 shall appoint to 4-
year terms--
(i) 6 members of the Board;
(ii) an Immigration Public Defender, who
shall serve as a nonvoting, ex-officio member
of the Board; and
(iii) a Panel Attorney, who shall serve as
a nonvoting, ex-officio member of the Board.
(B) Subsequent appointments.--Upon the expiration
of the initial term of the 6 members of the Board who
were appointed to 2-year terms pursuant to paragraph
(2)(B)(ii), the Immigration Representation Advisory
Board established under section 210 shall appoint 6
members of the Board to 4-year terms. The Immigration
Representation Advisory Board shall also appoint
individuals to replace any member of the Board who had
been appointed by the Advisory Board, upon the
expiration of such member's term.
(4) Subsequent judicial appointments.--
(A) In general.--Upon the expiration of the term of
any member of the Board appointed by a chief judge to a
3-year or 4-year term, such chief judge shall appoint
an individual to the Board from a list of 5 qualified
individuals nominated, by majority vote, by a committee
consisting of--
(i) the head of each Immigration Public
Defender Organization that is headquartered
within the corresponding circuit;
(ii) the head of each Community Defender
Office that is headquartered within the
corresponding circuit; and
(iii) panel attorney representatives within
the corresponding circuit.
(B) Failure to produce list.--If a committee
described in subparagraph (A) from a circuit does not
provide a list of 5 Board nominees to the chief judge
of the corresponding circuit before the date that is 30
days after the expiration of the term of service of a
member of the Board representing such circuit, the
chief judge of such circuit may appoint an individual
to replace such member of the Board without regard to
nominations.
(b) Restrictions on Membership.--
(1) Qualifications.--Each individual appointed to the Board
pursuant to subsection (a)--
(A) shall be nonpartisan;
(B) shall have significant experience representing
persons in proceedings described in section 292(a) of
the Immigration and Nationality Act, as amended by
section 101 of this Act; and
(C) shall have demonstrated a strong commitment to
representation in indigent defense matters.
(2) Diversity.--In making appointments to the Board under
subsection (a), chief judges and the Immigration Representation
Advisory Board shall seek to appoint individuals, in the
aggregate, who reflect the characteristics of the population
represented by counsel appointed pursuant section 292 of the
Immigration and Nationality Act, including the characteristics
of race, gender identity, sexual orientation, immigration
experience, and socioeconomic background.
(3) Disqualifying characteristics.--A member of the Board,
while serving in such capacity, may not be--
(A) an employee of the Office, a member of a Local
Board, an Immigration Public Defender Organization, or
a community defender office. or a Panel Attorney,
unless he or she is serving as an ex-officio member of
the Board;
(B) a judge or employee of any Federal or State
court, any immigration court, or the Board of
Immigration Appeals; or
(C) a prosecutor or law enforcement officer, an
employee of a prosecutor's office or law enforcement
agency, or any person who has held any such position
during the 3-year period immediately preceding his or
her appointment to the Board.
(c) Term of Membership.--
(1) Maximum length of service.--No member of the Board may
serve more than 2 terms, except that a person who was appointed
to serve a 1-year term may be appointed to 2 additional 4-year
terms.
(2) Replacement members.--A person who is appointed to
replace a member who resigned or was removed--
(A) shall serve the remainder of the term of such
member; and
(B) may be appointed to serve up to 2 additional 4-
year terms.
(d) Vacancies.--
(1) Members selected by a chief judge.--Not later than 90
days after the creation of a vacancy arising from a Board
member position selected by a chief judge, the committee
described in subsection (a)(2)(A) from the corresponding
circuit shall submit a list of 5 qualified nominees to such
chief judge, who shall appoint 1 of such nominees as the new
member of the Board.
(2) Failure to produce list.--If the committee fails to
submit the list required under paragraph (1) before the
deadline, the chief judge may make a selection without regard
to nominations.
(3) Members selected by the immigration representation
advisory board.--Not later than 90 days after the creation of a
vacancy arising from a Board member position selected by the
Immigration Representation Advisory Board, the Immigration
Representation Advisory Board shall appoint a new member of the
Board to fill such vacancy.
(e) Rates of Pay; Travel Expenses.--
(1) Rates of pay.--Members shall be paid for their services
on the Board at a rate not to exceed the daily rate at which
judges of the United States courts of appeals are compensated.
No member may be paid for more than 90 days in any calendar
year.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Chairperson.--The Chairperson of the Board shall be elected by
the members and shall serve for a 2-year term, which may be renewed
once by the Board for an additional 2-year term.
(g) Removal of Members.--The members of the Board, by a vote of 13
members, may remove a member from the Board for--
(1) malfeasance in office;
(2) persistent neglect of, or inability to discharge, Board
duties; or
(3) conduct unbecoming of a member of the Board.
(h) Quorum.--A quorum for purposes of conducting Board business
shall be a majority of the members of the Board presently serving.
(i) Voting.--All members of the Board are entitled to vote on any
matters coming before the Board unless otherwise provided by rules
adopted by the Board concerning voting on matters in which a member
has, or appears to have, a financial or other personal interest.
(j) Bylaws.--The Board shall adopt bylaws governing the operation
of the Board, which may include provisions authorizing other officers
of the Board and governing proxy voting, telephonic and video meetings,
and the appointment of committees.
(k) Duties of the Board.--The Board shall--
(1) appoint a Director of the Office not later than 2
months after the establishment of the Board--
(A) who shall be selected on the basis of training,
experience, and other relevant qualifications; and
(B) who shall serve at the pleasure of the Board;
(2) convene a meeting not later than 4 months after the
establishment of the Board, and not less frequently than
quarterly thereafter;
(3) submit appropriations requests to Congress for the
provision of legal services to individuals represented by
counsel in proceedings described in section 292(a) of the
Immigration and Nationality Act, as amended by section 101(a);
(4) submit an annual report to Congress and the President
that--
(A) describes the operation of the Office and the
delivery of services required under section 292 of the
Immigration and Nationality Act; and
(B) includes--
(i) the number of people who were provided
legal services during the reporting period
pursuant to such section 292 and the types of
proceedings in which such people were
represented;
(ii) the custodial status of the people who
were represented;
(iii) aggregate case outcomes for the
people who were represented; and
(iv) the status of appointments and
vacancies on the Board and Local Boards;
(5) complete and submit to Congress and to the President
every 7 years a comprehensive review and evaluation of the
implementation of this Act, including the identification of the
resources needed to carry out the requirements under this Act
and the amendments made by this Act for the foreseeable future;
(6) make the reports described in paragraphs (4) and (5)
publicly available at the time they are submitted to Congress
and to the President;
(7) establish and maintain standards for the provision of
representation that are consistent with appointed counsel's
duty to provide representation under section 292 of the
Immigration and Nationality Act, including--
(A) the minimum experience, skill, performance, and
other qualifications for participation as appointed
counsel;
(B) ongoing training, professional development, and
mentorship and supervision required to remain eligible
to serve as appointed counsel under such section 292;
(C) reasonable, manageable, and sustainable
appointed counsel caseloads that are consistent with
appointed counsel's primary duty to provide
representation to individuals described in such section
292;
(D) the elements to be evaluated during performance
reviews of appointed counsel to determine whether they
complied with their duty to provide representation
under such section 292;
(E) how to provide adequate representation of
clients whose cases present conflicts of interest; and
(F) ensuring continued representation in
circumstances in which clients move or are transferred,
or where cases are transferred or change venue;
(8) evaluate plans submitted by Local Boards for the
provision of representation of individuals before U.S.
Citizenship and Immigration Services in matters described in
section 292 of the Immigration and Nationality Act, after
taking into account the ability of such plans to provide such
representation, and approve such plans if they meet applicable
legal requirements of law and are consistent with the policies
of the Office;
(9) review the implementation of plans approved by the
Board not less frequently than once every 4 years to ensure
that each Local Board complies with the plan approved by the
Board;
(10) establish policies and procedures with respect to
compensation rates and reimbursement of reasonable expenses for
appointed counsel under such section 292 and others providing
services related to such representation;
(11) establish procedures to obtain investigators, experts,
interpreters, and other providers of defense services necessary
for effective representation of individuals who are entitled to
counsel under section 292 of the Immigration and Nationality
Act;
(12) establish procedures for the reimbursement of
reasonable expenses of attorneys, investigators, experts,
interpreters, and other persons providing representation and
related services under such section 292;
(13) approve staffing levels and budgets for Immigration
Public Defender Organizations;
(14) approve staffing levels and budgets for the Office;
and
(15) establish a mechanism for the submission, review,
resolution, and reporting of complaints from individuals
entitled to counsel under section 292 of the Immigration and
Nationality Act regarding such representation.
(l) Powers of the Board.--The Board is authorized--
(1) to delegate any of its duties, in whole or in part, to
the Director, except for the duties described in paragraphs
(1), (7), (13) and (14) of subsection (k);
(2) to alter or revoke any such delegation to the Director;
(3) to provide to Congress information regarding the
immigration system that the Board considers relevant to the
purpose of the Office;
(4) to authorize studies or reports that relate to the
purpose of the Office;
(5) to combine Local Boards or divide an area served by a
Local Board if the Board determines that such action is
necessary to carry out the purposes of this section;
(6) to remove, by a vote of at least 13 members, a member
or members of a Local Board for malfeasance in office,
persistent neglect of or inability to discharge duties, or
conduct unbecoming of a member of the Local Board;
(7) to seek, accept, and use public grants, private
contributions, and voluntary and uncompensated (gratuitous
services) to assist the Board in carrying out the purposes of
this Act and other services related to such purposes; and
(8) to take any other action that is reasonably necessary
and not inconsistent with the Act to carry out the purposes of
this Act.
SEC. 204. DIRECTOR.
(a) Requirements.--The Director of the Office--
(1) shall be a licensed attorney in good standing in any
United States jurisdiction at the time of his or her
appointment and at all times during his or her service as the
Director;
(2) shall be experienced in representing people in
proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101 of this Act; and
(3) may not be a member of the Board.
(b) Duties.--The Director shall--
(1) appoint and fix the compensation of employees of the
Office;
(2) establish a personnel management system for the Office
that provides for the appointment, pay, promotion, and
assignment of all employees on the basis of merit, but without
regard to the provisions of subchapter I of chapter 33 of title
5, United States, Code (relating to appointments in the
competitive service) or the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates);
(3) employ such personnel as may be necessary to advance
the purposes of the Office, subject to staffing and budget
approval of the Board;
(4) provide an annual report to the Board regarding the
activities of the Office;
(5) provide such periodic reports and work product to the
Board sufficient for the Board to fulfill its duties under
section 203(k);
(6) allocate and disburse funds appropriated for legal
representation and related services in cases subject to this
Act pursuant to rules and procedures established by the Board;
(7) enter into contracts to provide or receive services
with any public or private agency, group, or individual;
(8) appoint a Local Administrator for each region to
administer and approve, subject to the policies established by
the Board, the payment of funds necessary for Panel Attorney
representation, including Panel Attorney compensation,
investigators, experts, and other providers of representation
services, and any other necessary expenses for effective
representation;
(9) assist the Board in developing rules and standards for
the delivery of services under this Act;
(10) coordinate the services funded by the Office with any
Federal, state, county, local, or private programs established
to provide legal assistance to persons in cases subject to this
Act who are unable to afford representation;
(11) consult with professional bodies concerning improving
the administration of legal representation for persons in
proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101 of this Act; and
(12) perform such other duties as may be assigned by the
Board.
SEC. 205. EMPLOYEES.
(a) In General.--Employees of the Office shall be treated as
employees of the Federal Government solely for purposes of--
(1) subchapter 1 of chapter 81 of title 5, United States
Code (relating to compensation for work injuries);
(2) chapter 83 of such title 5 (relating to retirement);
(3) chapter 84 of such title 5 (relating to the Federal
Employees' Retirement System);
(4) chapter 87 of such title 5 (relating to life
insurance); and
(5) chapter 89 of such title 5 (relating to health
insurance).
(b) Employer Contributions.--The Office shall make contributions on
behalf of employees of the Office under the provisions referred to in
subsection (a) at the same rates applicable to employees of agencies of
the Federal Government.
(c) Thrift Savings Plan.--Employees of the Office may make an
election under section 8351 or 8432 of title 5, United States Code, to
participate in the Thrift Savings Plan for Federal employees.
SEC. 206. LOCAL IMMIGRATION REPRESENTATION BOARDS.
(a) Establishment.--Not later than 6 months after the date on which
the Board is established pursuant to section 203(a), the Office shall
delineate administrative regions throughout the United States and
establish a local immigration representation board for each region.
(b) Composition of Local Boards.--
(1) In general.--Subject to subsection (c), each Local
Board shall consist of not fewer than 5 member and not greater
than 15 members, who shall initially be selected by the Board
after consultation with stakeholders in the Local Board's
region, including immigration legal service providers,
community-based organizations, and people who are or have been
subject to proceedings described in section 292 of the
Immigration and Nationality Act, as amended by section 101.
(2) Attorneys.--Not fewer than 50 percent of the members of
a Local Board selected pursuant to paragraph (1) shall be--
(A) licensed attorneys with experience in the
practice of removal defense; or
(B) employees of community-based organizations
providing services to immigrants.
(3) Subsequent members.--After the initial members are
selected pursuant to paragraph (1), each Local Board shall
select its own members in accordance with bylaws that have been
approved by the Office.
(c) Qualification of Members.--
(1) Experience; commitment.--Members of a Local Board shall
have--
(A) significant experience defending cases
described in section 292 of the Immigration and
Nationality Act, as amended by section 101; and
(B) demonstrated a strong commitment to
representation in indigent defense matters.
(2) Diversity.--The composition of each Local Boards shall
reflect the diversity of the population that counsel appointed
pursuant to such section 292 are responsible for representing,
including diversity of race, gender identity, sexual
orientation, immigration experience, and socioeconomic
background.
(3) Restrictions.--A member of a Local Board may not--
(A) be an employee of an Immigration Public
Defender Organization or Community Defender
Organization with a contract to provide representation
under such section 292;
(B) be a member of an Attorney Panel referred to in
section 207(d);
(C) be a judicial officer of the United States or
of a State, territory, district, possession, or
commonwealth of the United States;
(D) be employed as a prosecutor, a law enforcement
official, or a judicial official, or by a prosecutorial
or law enforcement agency; or
(E) have held a position described in subparagraph
(D) during the 3-year period immediately preceding his
or her appointment to the Board.
(d) Term of Members of a Local Board.--
(1) In general.--Members of a Local Board shall serve 4-
year terms, except that the terms of the initial members shall
be staggered so that the term of not more than 50 percent of
the members expire during any calendar year.
(2) Maximum length of service.--A person may not serve for
more than 9 years on a Local Board.
(3) Replacement members.--A person who is appointed to
replace a member who has resigned or was removed shall serve
the remainder of the term of such departing person.
(e) Compensation of Members of a Local Board.--
(1) In general.--Members of any Local Board shall be paid
for their service at the daily rate at which judges of the
United States courts of appeals are compensated, but may not be
paid for more than 90 days of such service in any calendar
year.
(2) Travel expenses.--Members of any Local Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(f) Chair of Local Board.--Each Local Board shall elect a member of
the Local Board to serve as chair for 2 years, which term shall begin
on the date of election. Such chair may be reelected to extend such
service for an additional 2-year term.
(g) Removal of Member of Local Board.--Each Local Board, by a
majority vote of the full membership, may remove a member from the
Local Board for--
(1) malfeasance in office;
(2) persistent neglect of, or inability to discharge, Local
Board duties; or
(3) conduct unbecoming of a member of the Local Board.
(h) Quorum of Local Board.--A majority of the full membership of
the Local Board shall constitute a quorum for the purpose of conducting
business.
(i) Local Board Governance.--Each Local Board shall adopt bylaws
governing the operation of the Local Board, which may include
provisions authorizing other officers of the Local Board and proxy
voting.
(j) Dissolution of Local Boards.--The Board, upon a \2/3\ vote, may
dissolve a Local Board for good cause. Upon dissolution, the Office
shall ensure that a new Local Board is established not later than 90
days of dissolution. The new members of the Local Board shall be
selected by the majority votes of the Immigration Public Defenders and
the Panel Attorney representatives of the district or districts to be
served and the Director.
(k) Duties of Local Boards.--
(1) Local plans.--
(A) In general.--Each Local Board--
(i) not later than 120 days after the Local
Board is established, shall develop and submit
to the Office for approval a Local Plan for the
provision of representation services for the
region served by the Local Board;
(ii) shall implement the Local Plan after
it has been approved by the Office;
(iii) may modify the Local Plan at any
time, subject to the approval of the Office;
and
(iv) shall modify the Local Plan if so
directed by the Office.
(B) Components; development.--Each Local Plan
developed pursuant to subparagraph (A)--
(i) shall provide for the appointment of
counsel in a timely manner in accordance with
this Act;
(ii) shall be developed in consultation
with U.S. Citizenship and Immigration Services
to ensure that it adequately encompasses
proceedings described in section 292 of the
Immigration and Nationality Act that are within
the jurisdiction of U.S. Citizenship and
Immigration Services;
(iii) shall consider the existence of any
State, county, or locally funded programs
providing representation to people in
proceedings described in such section 292;
(iv) may provide grants or reimbursements
to jurisdictions with programs described in
clause (iii) that provide representation that
furthers the purposes of this Act;
(v) shall prioritize such grants or
reimbursements for State, county, and locally
funded programs that provide representation to
people involved in a proceeding described in
such section 292 without regard to any past
interaction with the immigration or criminal
legal systems;
(vi) may, in accordance with section 207--
(I) establish 1 or more Immigration
Public Defender Organizations; and
(II) contract with 1 or more
Community Defender Organizations;
(vii) shall provide for the establishment
of a panel of private attorneys to provide
representation under such section 292, in
accordance with section 207 of this Act; and
(viii) shall provide a plan for holding
community engagement meetings that are open to
the public not less frequently than twice
during each fiscal year.
(C) Local plans with border-based components.--
(i) In general.--The Local Plan for each
region that is adjacent to the international
border between the United States and Mexico
border shall provide for representation to all
people subject to a proceeding described in
section 292 of the Immigration and Nationality
Act, as amended by section 101 of this Act.
(ii) Identifying counsel.--The Local Board
of each region described in clause (i) may
utilize the entities specified in section 207
and Attorney of the Day, attorney fellowship,
and other models--
(I) to provide limited
representation to people in proceedings
at the border; and
(II) to coordinate case transfers
and referrals for legal representation
for people who are subsequently
released from, or transferred within,
the custody of the Department of
Homeland Security or the Office of
Refugee Resettlement.
(2) Appointments to immigration representation advisory
board.--If a Local Plan does not provide for the establishment
of an Immigration Public Defender Organization or contracting
with a Community Defender Organization in the region, the Local
Board shall appoint representatives to the Immigration
Representation Advisory Board established under section 210(a).
(3) Local administrator.--Each Local Board shall appoint,
subject to the approval of the Office, a Local Administrator
and such staff as may be necessary to assist the Local Board in
administering the selection and appointment of Panel Attorneys.
(4) Immigration public defender.--If a Local Plan includes
the establishment of 1 or more Immigration Public Defender
Organizations, the Local Board shall--
(A) select 1 or more Immigration Public Defenders,
who shall serve in accordance with section 207(b), for
the region or a portion of the region that will be
served by the Local Board;
(B) periodically evaluate the performance of the
Immigration Public Defender; and
(C) submit the results of the evaluations required
under subparagraph (B), as directed by the Office.
(5) Duties of local administrator.--Each Local
Administrator shall--
(A) review, and certify for payment, all vouchers
received from Panel Attorneys to compensate them for--
(i) their time spent representing clients
appointed to them pursuant to section 292 of
the Immigration and Nationality Act, as amended
by section 101 of this Act; and
(ii) the costs of investigators, experts,
interpreters, and other providers of defense
services for work performed on behalf of the
Panel Attorneys and their clients;
(B) authorize reasonable expenditures for
transcripts and the services of paralegals and other
legal support personnel, to the extent necessary;
(C) prepare, at the direction of the Office, an
annual budget for the provision of representation
services under such section 292, except for
representation services provided by an Immigration
Public Defender Office;
(D) implement procedures established by the Office,
permitting a Panel Attorney or other representative
appointed under such section 292 to appeal a decision
of the Local Administrator concerning compensation or
reimbursement; and
(E) perform other duties related to the
authorization, payment, and budgeting of expenses
related to Panel Attorneys, as assigned by the
Director.
(6) Representation of financially eligible persons.--The
Local Board shall establish procedures for the appointment of
counsel for any person who--
(A) is subject to a proceeding described in section
292 of the Immigration and Nationality Act, as amended
by section 101; and
(B) is financially unable to obtain high-quality
representation.
SEC. 207. TYPES OF IMMIGRATION DEFENDERS.
(a) In General.--To ensure representation of all eligible persons
in proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, the Local Board may--
(1) establish 1 or more Immigration Public Defender
Organizations in the region comprising the Local Board's
jurisdiction;
(2) contract with existing Community Defender
Organizations; and
(3) establish a Panel Attorney system.
(b) Immigration Public Defender.--
(1) In general.--An Immigration Public Defender
Organization shall consist of 1or more full-time salaried
attorneys. Each Immigration Public Defender Organization shall
be supervised by an Immigration Public Defender appointed by
the Local Board that established the organization, subject to
the approval of the Office and without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service.
(2) Removal.--
(A) In general.--The Immigration Public Defender
shall serve at the pleasure of the Local Board, but may
be removed by the Director for--
(i) malfeasance in office;
(ii) persistent neglect or inability to
discharge the duties of an Immigration Public
Defender; or
(iii) conduct unbecoming of a
representative of the Office.
(B) Nonfactors for justifying removal.--The efforts
and advocacy of an Immigration Public Defender to
ensure that the Office carries out its responsibilities
under this Act, including ensuring parity of resources,
protecting counsel's duty to provide representation,
and ensuring manageable caseloads consistent with that
duty, may not serve as a basis for removal or for
initiating proceedings for removal against the
Immigration Public Defender.
(3) Continued service until appointment of successor.--Upon
the expiration of the term of service for which he or she was
appointed, an Immigration Public Defender may continue to
perform the duties of such office, in accordance with rules
established by the Local Board, until the earlier of--
(A) the date on which a successor is appointed; or
(B) the date that is 1 year after the expiration of
such term.
(4) Compensation.--The compensation of each Immigration
Public Defender shall be fixed by the Local Board at a rate
that is comparable to--
(A) the rate of compensation received by the
Principal Legal Advisor of U.S. Immigration and Customs
Enforcement who is practicing in the nearest court
where representation is furnished; or
(B) if more than 1 court is involved, the rate of
compensation that is paid to the higher paid Principal
Legal Advisor in such courts.
(5) Additional personnel.--
(A) Appointments.--The Immigration Public Defender
may appoint, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, full-time attorneys in such number
as may be approved by the Office and other personnel in
such number as may be approved.
(B) Compensation.--Compensation paid to the
attorneys and other personnel approved by the Office
pursuant to subparagraph (A) shall be fixed by the
Immigration Public Defender at a rate that is
comparable to--
(i) the rate of compensation that is paid
to attorneys and other personnel of similar
qualifications and experience in the Office of
the Principal Legal Advisor in the nearest
court where representation is furnished; or
(ii) if more than 1 court is involved, the
rate of compensation that is paid to the higher
paid person of similar qualifications and
experience in such courts.
(6) Treatment as federal government employees.--Employees
of an Immigration Public Defender Organization shall be treated
as employees of the Federal Government solely for purposes of--
(A) subchapter 1 of chapter 81 of title 5, United
States Code (relating to compensation for work
injuries);
(B) chapter 83 of such title 5 (relating to
retirement);
(C) chapter 84 of such title 5 (relating to the
Federal Employees' Retirement System);
(D) chapter 87 of such title 5 (relating to life
insurance); and
(E) chapter 89 of such title 5 (relating to health
insurance).
(7) Restriction.--An Immigration Public Defender and any
attorney appointed to serve in an Immigration Public Defender
Organization is prohibited from engaging in the private
practice of law.
(8) Limited liability.--The Office, to the extent the
Director considers appropriate, shall provide representation
for and hold harmless, or provide liability insurance for, any
person who is an officer or employee of an Immigration Public
Defender Organization.
(9) Reports.--Each Immigration Public Defender Organization
shall submit periodic reports of its activities and financial
positions and its proposed budget to the Local Board at the
times and in the form prescribed by the Local Board.
(c) Community Defender Organizations.--
(1) In general.--A Community Defender Organization shall be
a nonprofit legal representation service established and
administered by any group authorized by the Local Plan to
provide representation to individuals subject to proceedings
described in section 292 of the Immigration and Nationality
Act, as amended by section 101.
(2) Annual report.--Each Community Defender Organization
shall submit an annual report to the Local Board that sets
forth its activities during the previous fiscal year and the
anticipated caseload and expenses for the upcoming fiscal year.
(d) Attorney Panel.--Each Local Plan developed pursuant to section
206(k)(1) shall provide for--
(1) the appointment of qualified private attorneys from an
Attorney Panel within the region;
(2) the implementation of standards established by the
Office setting forth the minimum qualifications for Panel
Attorneys; and
(3) the establishment of a system to ensure that--
(A) the number of attorneys on each Attorney Panel
is limited to provide each attorney with sufficient
appointments to maintain continuing familiarity with
immigration law and procedure;
(B) there is early entry of counsel, including
representation as soon as possible in all proceedings
described in section 292 of the Immigration and
Nationality Act, as amended by section 101;
(C) there are adequate support services, including
training and technical support, for members of each
Attorney Panel for every area in the region;
(D) conflicts of interests are avoided; and
(E) there is equal employment opportunity for the
employees of Immigration Public Defender Organizations
and Panel Attorneys.
SEC. 208. COMPENSATION AND REIMBURSEMENT OF COUNSEL EXPENSES.
(a) In General.--The Office shall establish the appropriate hourly
rates and salaries to be paid to counsel appointed under each Local
Plan, which--
(1) shall be established at levels that will ensure the
provision of high-quality legal representation for all people
represented in proceedings described in section 292 of the
Immigration and Nationality Act, as amended by section 101; and
(2) shall be calculated to provide appointed counsel with
compensation that is comparable to the compensation paid to--
(A) attorneys who are employed by the Office of the
Principal Legal Advisor of U.S. Immigration and Customs
Enforcement nearest to the forum in which such counsel
is providing representation;
(B) attorneys employed by the corresponding Federal
prosecutor's office; or
(C) any other attorney representing the Government
in connection with proceedings that are comparable to
proceedings described in such section 292.
(b) Use of Billing Caps.--If the Office places caps on total
billing for legal representation, the Office shall establish policies
and procedures for counsel to request authorization to exceed such caps
to the extent required to ensure effective representation.
(c) Fees; Additional Compensation.--The Office shall establish--
(1) distinct fees to apply to counsel providing services in
proceedings that fall within the geographic jurisdiction of
each of the United States courts of appeal within each region
delineated by the Office pursuant to section 206(a), after
taking into account the prevailing wage rates for qualified
attorneys within the geographic area in which representation
will be provided under section 292 of the Immigration and
Nationality Act, as amended by section 101; and
(2) additional compensation to be paid to counsel who
provide representation under such section 292 to individuals in
remote and underserved areas, after taking into account the
distance from the place of business of such counsel to--
(A) the immigration courts;
(B) Department of Homeland Security and Department
of Health and Human Services facilities; and
(C) other relevant sites where such representation
is expected to be provided.
(d) Reimbursement for Expenses; Salary Increases.--
(1) Reimbursements.--Counsel providing representation under
section 292 of the Immigration and Nationality Act, as amended
by section 101, shall be reimbursed by the Department of
Homeland Security for expenses reasonably incurred in the
course of such representation, including the costs of
transcripts, but may not be reimbursed by the Federal
Government for expenses related to defending against
malpractice claims.
(2) Salary increases.--The Office shall establish policies
and procedures governing increases in hourly rates, salaries,
and fees initially determined under subsection (a) or (c).
(e) Payments in Excess of Established Fees.--The Office shall
establish policies and procedures for requesting and approving payments
in excess of the fees established under subsection (c) for extended or
complex representation if such excess payments are necessary to provide
fair compensation for the counsel providing such representation.
SEC. 209. SERVICES OTHER THAN COUNSEL.
(a) Services To Be Preapproved by the Local Board.--
(1) In general.--Counsel appointed to represent individuals
in proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, may request
approval from the Local Board for investigative, expert, or
other services necessary for such representation pursuant to
procedures established by the Board, including services
necessary to develop release plans and provide post-release
services for people in the custody of the Department of
Homeland Security or the Office of Refugee Resettlement.
(2) Examples of services.--Services subject to preapproval
under paragraph (1) may include--
(A) the retention of specialized counsel in
connection with ancillary matters appropriate to such
proceedings;
(B) services and support related to mental health,
housing, addiction, food, travel, and accompaniment to
immigration court proceedings;
(C) copying or obtaining discovery materials that
are in the possession, custody, or control of the
Government; or
(D) any other services required to ensure effective
representation or the interests of justice.
(b) Services To Be Approved by the Local Board After the Fact.--
(1) In general.--Counsel appointed to represent individuals
in proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, may obtain, without
prior authorization, but subject to later review by the Local
Board, investigative, expert, and other services if necessary
for representation.
(2) Payment.--In the interests of justice and upon a
determination by the Local Board that timely procurement of
certain necessary services could not await prior authorization,
payment for such services may be approved by the Local Board
after they have been obtained.
(c) Amount of Compensation.--In determining the appropriate
compensation for services other than counsel, the Office shall ensure
that such compensation is comparable to the compensation paid to the
Government for substantially similar services.
(d) Policies and Procedures.--The Office shall establish policies
and procedures that--
(1) identify the circumstances under which--
(A) payment shall be made for services other than
counsel; and
(B) prior authorization for certain necessary
services is not required; and
(2) permit counsel appointed to represent individuals in
proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, to seek increases
in funding for such services if counsel reasonably believes
that the compensation established by the Office pursuant to
subsection (c) does not meet the parity requirement under such
subsection.
(e) Financial Eligibility Determinations.--
(1) In general.--Private counsel for any person who is
financially unable to obtain services other than counsel
necessary for representation, including services described in
subsections (a) and (b), may request that the Local
Administrator make a determination of the financial eligibility
for such person to receive Government funding for such
services.
(2) Payment.--If the Local Administrator determines that a
person described in paragraph (1) is financially unable to
obtain necessary services other than counsel, the Local
Administrator shall authorize payment for such services
pursuant to procedures established by the Office.
SEC. 210. IMMIGRATION REPRESENTATION ADVISORY BOARD.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Immigration Representation Advisory Board,
which shall consist of--
(A) 1 Immigration Public Defender representative
from each region delineated pursuant to section 206(a),
who shall be selected by the Immigration Public
Defenders within each such region;
(B) 1 Community Defender Organization
representative from each region delineated pursuant to
section 206(a), who shall be selected by the Community
Defender Organizations within each such region; and
(C) 1 Panel Attorney representative from within the
jurisdiction of each Federal circuit court of appeals,
who shall be selected by the Panel Attorneys within
each such circuit.
(2) Alternative selection process.--
(A) No immigration public defender office.--If a
Local Plan does not provide for the establishment of an
Immigration Public Defender Office, the relevant Local
Board shall appoint 2 Community Defender Organization
representatives to serve on the Immigration
Representation Advisory Board.
(B) No community defender organization.--If a Local
Plan does not provide for a contract with a Community
Defender Organization, the relevant Local Board shall
appoint 2 Immigration Public Defender Representatives
to serve on the Immigration Representation Advisory
Board.
(b) Term of Service.--
(1) In general.--Members of the Immigration Representation
Advisory Board shall serve 2-year terms, except that the terms
of 50 percent of the initial members appointed pursuant to
subsection (a) shall be 1 year.
(2) Maximum consecutive service.--No member may serve on
the Immigration Representation Advisory Board for more than 6
consecutive years.
(3) Partial term appointments.--If a member of the
Immigration Representation Advisory Board does not serve until
the end of his or her term due to resignation or removal, the
person appointed to replace such member shall serve for the
remainder of such term.
(c) Compensation.--Members of the Immigration Representation
Advisory Board shall serve without compensation, but shall be
reimbursed for all actual and necessary expenses reasonably incurred in
the performance of their duties as members of the Immigration
Representation Advisory Board.
(d) Governance; Meetings.--The Immigration Representation Advisory
Board shall--
(1) establish bylaws;
(2) select a chairperson from among its members;
(3) appoint other such officers as it deems necessary; and
(4) meet not less frequently than once each year.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Office of Immigration Representation, out of any money in the Treasury
that is not otherwise appropriated, such sums as may be necessary to
carry out this Act, and the amendments made by this Act, including--
(1) establishing and operating the Office; and
(2) providing continuing education and training of counsel
providing representation under section 292 of the Immigration
and Nationality Act, as amended by section 101.
(b) Availability of Funds.--If so specified in appropriation Acts,
amounts appropriated pursuant to subsection (a) shall remain available
until expended. Payments from such appropriations shall be made under
the supervision of the Director of the Office of Immigration
Representation.
SEC. 302. MINIMUM FUNDING FOR THE OFFICE OF IMMIGRATION REPRESENTATION.
(a) In General.--The amount appropriated to the Office of
Immigration Representation for each fiscal year shall be not less than
the amount equal to the sum of the combined amount appropriated for
Federal immigration enforcement and prosecution agencies and the
Office, multiplied by the ``prosecution-defense'' ratio calculated
pursuant to subsection (b).
(b) Calculation of Prosecution-Defense Ratio.--
(1) In general.--Except as provided in paragraph (2), the
Office of Management and Budget shall calculate the
prosecution-defense ratio, for purposes of subsection (a), by
dividing the sum appropriated to the Office of Immigration
Representation account for the most recently concluded fiscal
year by the combined amount appropriated for such fiscal year
for Federal immigration enforcement and prosecution agencies,
including amounts appropriated for--
(A) U.S. Immigration and Customs Enforcement;
(B) U.S. Customs and Border Protection; and
(C) the Office of Immigration Litigation of the
Department of Justice.
(2) Effect of shifting prosecutorial functions.--If the law
enforcement or prosecutorial functions of the agencies or
offices referred to in subparagraphs (A) through (C) of
paragraph (1) on the date of the enactment of this Act are
performed by different agencies or offices in a future fiscal
year, the Office of Management and Budget shall use the amount
appropriated for those functions in calculating the
prosecution-defense ratio under paragraph (1).
<all>
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118S1188 | SNAP Reform and Upward Mobility Act of 2023 | [
[
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"Sen. Lee, Mike [R-UT]",
"sponsor"
],
[
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"Sen. Scott, Rick [R-FL]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1188 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1188
To help individuals receiving assistance under the supplemental
nutrition assistance program in obtaining self-sufficiency, to provide
information on total spending on means-tested welfare programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Lee (for himself and Mr. Scott of Florida) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To help individuals receiving assistance under the supplemental
nutrition assistance program in obtaining self-sufficiency, to provide
information on total spending on means-tested welfare programs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SNAP Reform and Upward Mobility Act
of 2023''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--POVERTY MEASUREMENT IMPROVEMENT
Sec. 101. Improving the measurement of poverty in the United States.
Sec. 102. Commission on valuation of government benefits.
Sec. 103. GAO reports on effect of supplementary data on calculation of
poverty rates and related measures.
Sec. 104. Rule of construction.
TITLE II--MODIFICATIONS TO SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec. 201. Work requirements.
Sec. 202. Employment and training program outcomes reporting.
Sec. 203. State matching funds.
Sec. 204. Eligibility.
Sec. 205. Compliance with fraud investigations.
Sec. 206. Authorized users of electronic benefit transfer cards.
Sec. 207. Reauthorization of medium- or high-risk retail food stores
and wholesale food concerns.
Sec. 208. State activity reports.
Sec. 209. Disqualification by State agency.
Sec. 210. Retention of recaptured funds by States.
TITLE I--POVERTY MEASUREMENT IMPROVEMENT
SEC. 101. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Federal benefit.--The term ``Federal benefit'' means a
benefit, refundable tax credit, or other form of assistance
provided under any of the following programs:
(A) Earned Income Tax Credit (refundable portion).
(B) Child Tax Credit (refundable portion).
(C) Supplemental Security Income.
(D) Temporary Assistance for Needy Families.
(E) Title IV-E Foster Care.
(F) Title IV-E Adoption Assistance.
(G) Medicaid.
(H) SCHIP.
(I) Indian Health Services.
(J) PPACA refundable premium assistance and cost
sharing tax credit.
(K) Assets for Independence program.
(L) Supplemental Nutrition Assistance Food Program.
(M) School Breakfast.
(N) School Lunch.
(O) Women, Infants, and Children (WIC) Food
Program.
(P) Child and Adult Care Food Program.
(Q) The Food Distribution Program on Indian
Reservations (FDPIR).
(R) Nutrition Program for the Elderly.
(S) Seniors Farmers' Market Nutrition Program.
(T) Commodity Supplemental Food Program.
(U) Section 8 Housing.
(V) Public Housing.
(W) Housing for Persons with Disabilities.
(X) Home Investment Partnership Program.
(Y) Rural Housing Service.
(Z) Rural Housing Insurance Fund.
(AA) Low-Income Home Energy Assistance Program.
(BB) Universal Service Fund Low Income Support
Mechanism (subsidized phone services).
(CC) Pell Grants.
(DD) Supplemental Educational Opportunity Grants.
(EE) American Opportunity Tax Credit (refundable
portion).
(FF) Healthy Start.
(GG) Job Corps.
(HH) Head Start (including Early Head Start).
(II) Weatherization Assistance.
(JJ) Chafee Foster Care Independence Program.
(KK) Child Care Subsidies from the Child Care and
Development Fund.
(LL) Child Care from the Temporary Assistance for
Needy Families Block Grant.
(MM) Emergency Assistance to Needy Families with
Children.
(NN) Senior Community Service Employment Program.
(OO) Migrant and Seasonal Farm Workers Training
Program.
(PP) Indian and Native American Employment and
Training Program.
(QQ) Independent Living Education and Training
Vouchers.
(2) Resource unit.--The term ``resource unit'' means all
co-resident individuals who are related by birth, marriage, or
adoption, plus any co-resident unrelated children, foster
children, and unmarried partners and their relatives.
(3) Market income.--The term ``market income'' means
individual income from the following:
(A) Earnings.
(B) Interest.
(C) Dividends.
(D) Rents, royalties, and estates and trusts.
(E) The monetary value of employer-sponsored health
insurance benefits.
(F) Other forms of income, as determined by the
Director.
(4) Entitlement and other income.--The term ``entitlement
and other income'' means income from the following:
(A) Unemployment (insurance) compensation.
(B) Workers' compensation.
(C) Social Security.
(D) Veterans' payments and benefits.
(E) Survivor benefits.
(F) Disability benefits (not including benefits
under the Supplemental Security Income program).
(G) Pension or retirement income.
(H) Alimony.
(I) Child support.
(J) Financial assistance from outside of the
household.
(K) Medicare.
(5) Entitlement and earned unit income.--The term
``entitlement and earned unit income'' means the sum of all
market income and entitlement and other income.
(6) Income tax data.--The term ``income tax data'' means
return information, as such term is defined under section
6103(b)(2) of the Internal Revenue Code of 1986.
(7) Administering agency.--The term ``administering
agency'' means a State or Federal agency responsible for
administering a Federal benefit.
(8) Total resource unit income.--The term ``total resource
unit income'' means, with respect to a resource unit, an amount
equal to--
(A) the sum of--
(i) all market income attributable to
members of the unit;
(ii) all entitlement and other income
attributable to members of the unit; and
(iii) an amount, or cash equivalent, of all
Federal benefits received by members of the
unit; minus
(B) all State and Federal income and payroll taxes
attributable to members of the unit.
(9) Earned resource unit income.--The term ``earned
resource unit income'' means, with respect to a resource unit,
all market income attributable to members of the unit.
(10) Personally identifiable information.--The term
``personally identifiable information'' means any information
that identifies an individual or could reasonably be used to
identify an individual that is--
(A) collected pursuant to a survey conducted by the
Bureau of the Census; or
(B) disclosed to the Bureau of the Census by an
administering agency for the purpose of carrying out
subsection (b).
(11) Director.--The term ``Director'' means the Director of
the Bureau of the Census.
(b) Verification of Data Collected in the Annual Social and
Economic Supplement to the Current Population Survey.--
(1) In general.--Beginning in fiscal year 2024, in order to
more accurately determine the extent of poverty in the United
States and the anti-poverty effectiveness of Federal benefit
programs, the Director shall collect, in addition to the data
collected under the Annual Social and Economic Supplement to
the Current Population Survey, data from the appropriate
administering agencies related to the following:
(A) Participation in any Federal benefit program
and the monetary or cash equivalent value of such
benefit for an individual, where possible, and
otherwise for resource units or households.
(B) The total amount of market income for
individuals.
(C) The total amount of entitlement and other
income for individuals.
(D) Payment of income taxes and payroll taxes for
individuals.
(E) Total resource unit income.
(F) Total earned resource unit income.
(G) Any other information about benefits or income
received by individuals that the Director determines
necessary to carry out this section and that is not
included in the data relating to participation in
Federal benefit programs or market income for
individuals.
(2) Administering agency data.--Not later than 6 months
after receiving a request from the Director, the head of each
administering agency shall make available to the Director such
data (including income tax data) as the Director shall require
for the purpose of carrying out this subsection and for the
purposes outlined in section 6 of title 13, United States Code.
(3) Publication of data.--
(A) Rates and other data.--
(i) Report.--The Director shall submit to
Congress, not later than January 1, 2025, a
report detailing the implementation of this
section, including--
(I) the availability of related
data;
(II) the quality of the data; and
(III) the methodology proposed for
assigning dollar values to the receipt
of noncash Federal benefits.
(ii) Tables and graphs.--The Director shall
produce tables and graphs showing for each year
the poverty rates and related data calculated
using data collected under paragraph (1),
including--
(I) the total resource unit income
for survey respondents;
(II) the total earned resource unit
income for survey respondents;
(III) the total of all amounts
described in subparagraphs (A) through
(G) of paragraph (1) that are received
by survey respondents;
(IV) a breakdown of the amount of
income taxes and payroll taxes
attributable to survey respondents; and
(V) for 2027 and subsequent years,
poverty rates calculated using updated
poverty thresholds as described in
clause (iii).
(iii) Updated poverty thresholds.--For 2027
and subsequent years, the Director shall, in
addition to the official poverty line (as
defined by the Office of Management and Budget)
and the supplemental poverty measure, provide
an alternative poverty measure that uses the
personal consumption expenditure price index
(as published by the Bureau of Economic
Analysis) and accounts for the data collected
under paragraph (1). The Director shall provide
a comparison of the official poverty line (as
defined by the Office of Management and
Budget), the supplemental poverty measure rate
as defined by the Bureau of the Census, and the
alternative poverty rate created using the
alternative poverty measure under this section.
(iv) Rule of construction.--The Office of
Management and Budget shall not use the
additional data collected by the Director
pursuant to paragraph (1) for purposes of
defining the official poverty line.
(B) Confidentiality.--Consistent with the
provisions of sections 8, 9, and 23(c) of title 13,
United States Code, the Director shall ensure the
confidentiality of information furnished to the
Director under this subsection.
(c) Protection and Disclosure of Personally Identifiable
Information.--
(1) In general.--The security, disclosure, and
confidentiality provisions set forth in sections 9 and 23 of
title 13, United States Code, shall apply to personally
identifiable information obtained by the Bureau of the Census
pursuant to this section.
(2) Restricted access to personally identifiable
information.--Access to personally identifiable information
collected to supplement the restricted-use Current Population
Survey Annual Social and Economic Supplements in accordance
with subsection (b)(1) shall be available only to those who
have access to the Current Population Survey data with the
permission of the Bureau of the Census and in accordance with
any other applicable provision of law.
(3) Penalties.--Any individual who knowingly accesses or
discloses personally identifiable information in violation of
this section shall be guilty of a felony and upon conviction
thereof shall be fined in an amount of not more than $300,000
under title 18, United States Code, or imprisoned for not more
than five years, or both.
(d) State Reporting of Federal Data.--Beginning with the first full
calendar year that begins after the date of enactment of this Act, with
respect to any Federal benefit that is administered at the State level
by a State administering agency, such State administering agency shall
submit each year to the Federal administering agency responsible for
administering the benefit at the Federal level a report that identifies
each resource unit that received such benefits during such year by the
personally identifiable information of the head of the resource unit
and the amount, or cash equivalent, of such benefit received by such
resource unit.
SEC. 102. COMMISSION ON VALUATION OF GOVERNMENT BENEFITS.
(a) Establishment.--There is established within the United States
Census Bureau a commission, to be known as the ``Commission on
Valuation of Federal Benefits'' (referred to in this section as the
``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of 8
members, of whom--
(A) 2 members shall be appointed by the majority
leader of the Senate;
(B) 2 members shall be appointed by the minority
leader of the Senate;
(C) 2 members shall be appointed by the Speaker of
the House of Representatives; and
(D) 2 members shall be appointed by the minority
leader of the House of Representatives.
(2) Co-chairs.--Of the members of the Commission--
(A) 1 co-chair shall be designated by the majority
leader of the Senate; and
(B) 1 co-chair shall be designated by the Speaker
of the House of Representatives.
(3) Qualifications.--Each member appointed to the
Commission shall have experience in--
(A) quantitative policy research; and
(B) welfare or poverty studies.
(c) Initial Meeting.--Not later than 60 days after the date on
which the last member is appointed under subsection (b), the Commission
shall hold an initial meeting.
(d) Quorum.--Six members of the Commission shall constitute a
quorum.
(e) No Proxy Voting.--Proxy voting by members of the Commission
shall be prohibited.
(f) Staff.--The Director of the Census Bureau shall appoint an
executive director of the Commission.
(g) Travel Expenses.--Members of the Commission shall serve without
pay, but shall receive travel expenses in accordance with sections 5702
and 5703 of title 5, United States Code.
(h) Duties of Commission.--
(1) Recommendations.--
(A) In general.--The Commission shall produce
recommendations for the valuation of Federal benefits
listed under section 101(a)(1) for the purpose of
United States Census Bureau estimates of the Federal
Poverty Level, including non-cash benefits.
(2) Report.--
(A) In general.--Not later than 270 days after the
date of enactment of this Act, the Commission shall
submit to Congress a report of the recommendations
required under paragraph (1), including a detailed
statement of methodology and reasoning behind
recommendations.
(B) Public availability.--The report required by
subparagraph (A) shall be made available on an internet
website of the United States Government that is
available to the public.
(i) Powers of Commission.--On request by the executive director of
the Commission, the head of a Federal agency shall furnish information
to the Commission.
(j) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report under
subsection (h)(2).
(k) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to carry out this section.
SEC. 103. GAO REPORTS ON EFFECT OF SUPPLEMENTARY DATA ON CALCULATION OF
POVERTY RATES AND RELATED MEASURES.
Not later than January 1, 2028, and every 2 years thereafter, the
Comptroller General of the United States shall submit to Congress a
report that compares the poverty rates and related measures calculated
under the Annual Social and Economic Supplement to the Current
Population Survey with the poverty rates and related measures
calculated using the data collected under section 101(b)(1).
SEC. 104. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to affect the eligibility
of an individual or household for a Federal benefit.
TITLE II--MODIFICATIONS TO SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
SEC. 201. WORK REQUIREMENTS.
(a) Declaration of Policy.--Section 2 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2011) is amended by adding at the end the following:
``Congress further finds that it should also be the purpose of the
supplemental nutrition assistance program to increase employment, to
encourage healthy marriage, and to promote prosperous self-sufficiency,
which means the ability of households to maintain an income above the
poverty level without services and benefits from the Federal
Government.''.
(b) Definition of Food.--Section 3(k) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012(k)) is amended by striking ``means (1)'' and
inserting ``means the following foods, food products, meals, and other
items, only if the food, food product, meal, or other item is
essential, as determined by the Secretary: (1)''.
(c) General Work Requirements.--Section 6(d)(1)(A) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(1)(A)) is amended, in the
matter preceding clause (i), by striking ``60'' and inserting ``65''.
(d) Hour-Based Work Requirement.--Section 6(o) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended--
(1) in paragraph (1)(C), by striking ``other than a
supervised job search program or job search training program''
and inserting ``including an in-person supervised job search
program'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``50'' and
inserting ``64'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(3) in paragraph (4)(A)--
(A) in the matter preceding clause (i), by striking
``area'' and inserting ``county or county equivalent'';
(B) in clause (i), by striking ``or'' and inserting
``and''; and
(C) by striking clause (ii) and inserting the
following:
``(ii) is not located within a labor market
area, as determined by data published by the
Bureau of Labor Statistics, that has an
unemployment rate of over 10 percent.'';
(4) in paragraph (6)(D), by striking ``15 percent'' and
inserting ``5 percent'';
(5) by redesignating paragraph (7) as paragraph (8);
(6) by inserting after paragraph (6) the following:
``(7) Work or work preparation hours requirement for
married couples with children.--The total combined number of
hours of work or work preparation activities under
subparagraphs (A), (B), and (C) of paragraph (2) for both
spouses in a married couple household with 1 or more children
over the age of 6 shall not be greater than the total number of
hours required under those subparagraphs for a single head of
household.''; and
(7) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Minimum wage rule.--The limitation under subsection
(d)(4)(F)(i) shall not apply to any work requirement, program,
or activity required under this subsection.''.
SEC. 202. EMPLOYMENT AND TRAINING PROGRAM OUTCOMES REPORTING.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall submit to Congress a report, using data
from the most recent 5 fiscal years available, detailing the outcomes
of beneficiaries of the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) (referred to in this section as ``SNAP'') who participate in
employment and training programs (as defined in section 6(d)(4)(B) of
that Act (7 U.S.C. 2015(d)(4)(B))) for each of those 5 years that
includes the following information:
(1) The number and percentage of SNAP beneficiaries in each
State who participated in an employment and training program
compared to the number and percentage of SNAP beneficiaries in
each State who did not participate in an employment and
training program.
(2) The number and percentage of SNAP beneficiaries in each
State who obtained a job while participating in an employment
and training program compared to the number and percentage of
SNAP beneficiaries in each State who obtained a job but did not
participate in an employment and training program.
(3) The number and percentage of SNAP beneficiaries in each
State who retained a job for 6 months, 1 year, and 5 years
after completing an employment and training program and
obtaining a job compared to the number and percentage of SNAP
beneficiaries in each State who retained a job for 6 months, 1
year, and 5 years but did not complete an employment and
training program prior to obtaining that job.
(4) The increase or decrease in wages, if applicable, for
SNAP beneficiaries in each State who retained a job for 6
months, 1 year, and 5 years after completing an employment and
training program and obtaining a job compared to the increase
or decrease in wages, if applicable, for SNAP beneficiaries in
each State who retained a job for 6 months, 1 year, and 5 years
but did not complete an employment and training program prior
to obtaining that job.
(5) The number and percentage of SNAP beneficiaries who--
(A) previously participated in an employment and
training program;
(B) after that participation, obtained a job or
stopped receiving SNAP benefits; and
(C) after regaining eligibility for SNAP benefits,
reentered an employment or training program.
(6) The average duration that SNAP beneficiaries in each
State participated in an employment and training program.
(7) A breakdown of--
(A) the types of employment and training activities
offered by the employment and training program of each
State; and
(B) the types of jobs that States are preparing
employment and training program participants to obtain.
SEC. 203. STATE MATCHING FUNDS.
Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) is
amended by adding at the end the following:
``(d) State Matching Funds.--
``(1) In general.--Each State that participates in the
supplemental nutrition assistance program shall, as a condition
of participation, be required to contribute matching funds in
an amount equal to, of the funds received from the Secretary by
the State for program administration--
``(A) for fiscal year 2023, 10 percent;
``(B) for fiscal year 2024, 15 percent;
``(C) for fiscal year 2025, 20 percent;
``(D) for fiscal year 2026, 25 percent;
``(E) for fiscal year 2027, 30 percent;
``(F) for fiscal year 2028, 35 percent;
``(G) for fiscal year 2029, 40 percent;
``(H) for fiscal year 2030, 45 percent; and
``(I) for fiscal year 2031 and each fiscal year
thereafter, 50 percent.
``(2) Additional contributions permitted.--Nothing in this
subsection prevents a State from contributing matching funds in
an amount greater than the amount required under paragraph (1)
for the applicable fiscal year.''.
SEC. 204. ELIGIBILITY.
Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(a)) is amended--
(1) in the second sentence, by inserting ``that are limited
to families whose income and resources satisfy financial need
criteria established in accordance with subsections (c) and (g)
by the State for receipt of the benefits'' after ``(42 U.S.C.
601 et seq.)''; and
(2) by inserting after the second sentence the following:
``To be deemed eligible for participation in the supplemental
nutrition assistance program under this subsection, a household
shall receive a cash or noncash means-tested public benefit for
at least 6 consecutive months valued at not less than $50.''.
SEC. 205. COMPLIANCE WITH FRAUD INVESTIGATIONS.
Section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)) is amended by adding at the end the following:
``(5) Compliance with fraud investigations.--To be eligible
to participate in the supplemental nutrition assistance
program, an individual shall cooperate with any investigation
into fraud under that program, including full participation in
any--
``(A) meeting requested by fraud investigators; and
``(B) administrative hearing.''.
SEC. 206. AUTHORIZED USERS OF ELECTRONIC BENEFIT TRANSFER CARDS.
Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)) is amended by adding at the end the following:
``(15) Authorized users.--
``(A) In general.--A State agency shall register--
``(i) at least 1 member of a household
issued an EBT card as an authorized user of the
card; and
``(ii) an authorized representative of a
household as an authorized user of the EBT card
issued to the household.
``(B) Limit.--Not more than 5 individuals shall be
registered as authorized users, including the
authorized representative of a household, on an EBT
card.
``(C) Unauthorized use.--
``(i) In general.--An EBT card shall not be
used by any individual who is not an authorized
user of the EBT card.
``(ii) 2 unauthorized uses.--If an EBT card
has been used 2 times by an unauthorized user
of the EBT card, the head of the household to
which the EBT card is issued shall be required
to review program rights and responsibilities
with personnel of the State agency.
``(iii) 4 unauthorized uses.--If an EBT
card has been used 4 times by an unauthorized
user of the EBT card, the State agency shall
suspend benefits for the household to which the
EBT card is issued for 1 month.
``(iv) 6 unauthorized uses.--If an EBT card
has been used 6 times by an unauthorized user
of the EBT card, the State agency shall suspend
benefits for the household to which the EBT
card is issued for 3 months.
``(v) 7 or more unauthorized uses.--If an
EBT card has been used 7 or more times by an
unauthorized user of the EBT card, the State
agency shall suspend benefits for the household
to which the EBT card is issued for 1 month per
unauthorized use.
``(vi) Administration.--Any action taken
under clauses (ii) through (v) shall be
consistent with sections 6(b) and 11(e)(10), as
applicable.''.
SEC. 207. REAUTHORIZATION OF MEDIUM- OR HIGH-RISK RETAIL FOOD STORES
AND WHOLESALE FOOD CONCERNS.
Section 9(a)(2)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(a)(2)(A)) is amended by striking ``; and'' and inserting ``,
which, in the case of a retail food store or wholesale food concern for
which there is a medium risk or high risk of fraudulent transactions,
as determined by the fraud detection system of the Food and Nutrition
Service, shall be annually; and''.
SEC. 208. STATE ACTIVITY REPORTS.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is
amended by adding at the end the following:
``(y) State Activity Reports.--The Secretary shall publish for each
fiscal year a report describing the activity of each State in the
supplemental nutrition assistance program, which shall contain, for the
applicable fiscal year, substantially the same information as is
contained in the report published by the Food and Nutrition Service
entitled `Supplemental Nutrition Assistance Program State Activity
Report Fiscal Year 2016' and published September 2017.''.
SEC. 209. DISQUALIFICATION BY STATE AGENCY.
Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021) is
amended by adding at the end the following:
``(j) Disqualification by State Agency.--
``(1) In general.--Except as provided in paragraph (4), a
State agency shall permanently disqualify from participation in
the supplemental nutrition assistance program an approved
retail food store or wholesale food concern convicted of--
``(A) trafficking in food instruments (including
any voucher, draft, check, or access device (including
an electronic benefit transfer card or personal
identification number) issued in lieu of a food
instrument under this Act); or
``(B) selling firearms, ammunition, explosives, or
controlled substances (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) in exchange
for food instruments (including any item described in
subparagraph (A) issued in lieu of a food instrument
under this Act).
``(2) Notice of disqualification.--The State agency shall--
``(A) provide the approved retail food store or
wholesale food concern with notification of the
disqualification; and
``(B) make the disqualification effective on the
date of receipt of the notice of disqualification.
``(3) Prohibition of receipt of lost revenues.--A retail
food store or wholesale food concern shall not be entitled to
receive any compensation for revenues lost as a result of
disqualification under this subsection.
``(4) Exceptions in lieu of disqualification.--
``(A) In general.--A State agency may permit a
retail food store or wholesale food concern that, but
for this paragraph, would be disqualified under
paragraph (1), to continue to participate in the
supplemental nutrition assistance program if the State
agency determines, in its sole discretion, that--
``(i) disqualification of the retail food
store or wholesale food concern, as applicable,
would cause hardship to participants in the
supplemental nutrition assistance program; or
``(ii)(I) the retail food store or
wholesale food concern had, at the time of the
violation under paragraph (1), an effective
policy and program in effect to prevent
violations described in paragraph (1); and
``(II) the ownership of the retail food
store or wholesale food concern was not aware
of, did not approve of, and was not involved in
the conduct of the violation.
``(B) Civil penalty.--If a State agency under
subparagraph (A) permits a retail food store or
wholesale food concern to continue to participate in
the supplemental nutrition assistance program in lieu
of disqualification, the State agency shall assess a
civil penalty in an amount determined by the State
agency, except that--
``(i) the amount of the civil penalty shall
not exceed $10,000 for each violation; and
``(ii) the amount of civil penalties
imposed for violations investigated as part of
a single investigation may not exceed $40,000.
``(C) Reporting.--
``(i) To the secretary.--If a State agency
under subparagraph (A) permits a retail food
store or wholesale food concern to continue to
participate in the supplemental nutrition
assistance program in lieu of disqualification,
the State agency shall annually submit to the
Secretary a report describing the justification
of the State agency for that action.
``(ii) To congress.--The Secretary shall
annually submit to Congress a report compiling
the information contained in reports submitted
to the Secretary under clause (i).''.
SEC. 210. RETENTION OF RECAPTURED FUNDS BY STATES.
Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a)) is amended--
(1) in the second sentence, by striking ``The officials''
and inserting the following:
``(3) Prohibition.--The officials'';
(2) in the first sentence--
(A) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively; and
(B) by striking ``section 17(n): Provided, That the
Secretary'' and inserting the following: ``section
17(n).
``(2) Administration on indian reservations and in native
villages.--
``(A) In general.--The Secretary'';
(3) in paragraph (2) (as so designated)--
(A) in subparagraph (A), by striking ``35 percent''
and inserting ``50 percent''; and
(B) by adding at the end the following:
``(B) Use of retained amounts for fraud
investigations.--The value of funds or allotments
recovered or collected pursuant to sections 6(b) and
13(c) that are retained by a State under subparagraph
(A) in excess of 35 percent shall be used by the State
for investigations of fraud in the supplemental
nutrition assistance program.''; and
(4) by striking the subsection designation and all that
follows through ``Subject to'' in the matter preceding
paragraph (2) (as so designated) and inserting the following:
``(a) Administrative Cost-Sharing.--
``(1) In general.--Subject to''.
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118S1189 | Recycling Infrastructure and Accessibility Act of 2023 | [
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"S... | <p><b>Recycling Infrastructure and Accessibility Act of 2023</b></p> <p>This bill requires the Environmental Protection Agency (EPA) to establish a pilot grant program for improving recycling accessibility in communities. The EPA may award grants to states, local governments, Indian tribes, or public-private partnerships.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1189 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1189
To establish a pilot grant program to improve recycling accessibility,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mrs. Capito (for herself, Mr. Carper, and Mr. Boozman) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To establish a pilot grant program to improve recycling accessibility,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Infrastructure and
Accessibility Act of 2023''.
SEC. 2. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Curbside recycling.--The term ``curbside recycling''
means the process by which residential recyclable materials are
picked up curbside.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903));
(B) a unit of local government;
(C) an Indian Tribe; and
(D) a public-private partnership.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Materials recovery facility.--
(A) In general.--The term ``materials recovery
facility'' means a recycling facility where primarily
residential recyclables, which are diverted from
disposal by a generator and collected separately from
municipal solid waste, are mechanically or manually
sorted into commodities for further processing into
specification-grade commodities for sale to end users.
(B) Exclusion.--The term ``materials recovery
facility'' does not include a solid waste management
facility that may process municipal solid waste to
remove recyclable materials.
(6) Pilot grant program.--The term ``pilot grant program''
means the Recycling Infrastructure and Accessibility Program
established under subsection (b).
(7) Recyclable material.--The term ``recyclable material''
means obsolete, previously used, off-specification, surplus, or
incidentally produced material for processing into a
specification-grade commodity for which a market exists.
(8) Transfer station.--The term ``transfer station'' means
a facility that--
(A) receives and consolidates recyclable material
from curbside recycling or drop-off facilities; and
(B) loads the recyclable material onto tractor
trailers, railcars, or barges for transport to a
distant materials recovery facility or another
recycling-related facility.
(9) Underserved community.--The term ``underserved
community'' means a community, including an unincorporated
area, without access to full recycling services because--
(A) transportation, distance, or other reasons
render utilization of available processing capacity at
an existing materials recovery facility cost
prohibitive; or
(B) the processing capacity of an existing
materials recovery facility is insufficient to manage
the volume of recyclable materials produced by that
community.
(b) Establishment.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall establish a pilot grant
program, to be known as the ``Recycling Infrastructure and
Accessibility Program'', to award grants, on a competitive basis, to
eligible entities to improve recycling accessibility in a community or
communities within the same geographic area.
(c) Goal.--The goal of the pilot grant program is to fund eligible
projects that will significantly improve accessibility to recycling
systems through investments in infrastructure in underserved
communities through the use of a hub-and-spoke model for recycling
infrastructure development.
(d) Applications.--To be eligible to receive a grant under the
pilot grant program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.
(e) Considerations.--In selecting eligible entities to receive a
grant under the pilot grant program, the Administrator shall consider--
(1) whether the community or communities in which the
eligible entity is seeking to carry out a proposed project has
curbside recycling;
(2) whether the proposed project of the eligible entity
will improve accessibility to recycling services in a single
underserved community or multiple underserved communities; and
(3) if the eligible entity is a public-private partnership,
the financial health of the private entity seeking to enter
into that public-private partnership.
(f) Priority.--In selecting eligible entities to receive a grant
under the pilot grant program, the Administrator shall give priority to
eligible entities seeking to carry out a proposed project in a
community in which there is not more than 1 materials recovery facility
within a 75-mile radius of that community.
(g) Use of Funds.--An eligible entity awarded a grant under the
pilot grant program may use the grant funds for projects to improve
recycling accessibility in communities, including in underserved
communities, by--
(1) increasing the number of transfer stations;
(2) expanding curbside recycling collection programs where
appropriate; and
(3) leveraging public-private partnerships to reduce the
costs associated with collecting and transporting recyclable
materials in underserved communities.
(h) Prohibition on Use of Funds.--An eligible entity awarded a
grant under the pilot grant program may not use the grant funds for
projects relating to recycling education programs.
(i) Minimum and Maximum Grant Amount.--A grant awarded to an
eligible entity under the pilot grant program shall be in an amount--
(1) not less than $500,000; and
(2) not more than $15,000,000.
(j) Set-Aside.--The Administrator shall set aside not less than 70
percent of the amounts made available to carry out the pilot grant
program for each fiscal year to award grants to eligible entities to
carry out a proposed project or program in a single underserved
community or multiple underserved communities.
(k) Federal Share.--
(1) In general.--Subject to paragraph (2), the Federal
share of the cost of a project or program carried out by an
eligible entity using grant funds shall be not more than 90
percent.
(2) Waiver.--The Administrator may waive the Federal share
requirement under paragraph (1) if the Administrator determines
that an eligible entity would experience significant financial
hardship as a result of that requirement.
(l) Report.--Not later than 2 years after the date on which the
first grant is awarded under the pilot grant program, the Administrator
shall submit to Congress a report describing the implementation of the
pilot grant program, which shall include--
(1) a list of eligible entities that have received a grant
under the pilot grant program;
(2) the actions taken by each eligible entity that received
a grant under the pilot grant program to improve recycling
accessibility with grant funds; and
(3) to the extent information is available, a description
of how grant funds received under the pilot grant program
improved recycling rates in each community in which a project
or program was carried out under the pilot grant program.
(m) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the pilot grant program
$30,000,000 for each of fiscal years 2023 through 2027, to
remain available until expended.
(2) Administrative costs and technical assistance.--Of the
amounts made available under paragraph (1), the Administrator
may use up to 5 percent--
(A) for administrative costs relating to carrying
out the pilot grant program; and
(B) to provide technical assistance to eligible
entities applying for a grant under the pilot grant
program.
<all>
</pre></body></html>
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118S119 | South Florida Ecosystem Enhancement Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] | <p><b>South Florida Ecosystem Enhancement Act of 2023</b></p> <p>This bill provides support for ecosystems in South Florida. Under the bill, <i>South Florida</i> means (1) land and water within the administrative boundaries of the South Florida Water Management District and contiguous near-shore coastal waters, including the Florida Keys; and (2) Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources.</p> <p>Specifically, the bill directs the Environmental Protection Agency (EPA) to establish a South Florida Program within the Water Division of its Region 4 Office. Under the program, the EPA must (1) assess trends in water quality, (2) assess data to identify existing or potential water quality problems and the causes of those problems, and (3) award grants to carry out ecosystem and educational programs established by this bill.</p> <p>In addition, the EPA must annually develop and execute interagency agreements or cooperative agreements with federal, state, local, and tribal entities. Those agreements must provide funding for one or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 119 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 119
To amend the Federal Water Pollution Control Act to authorize the South
Florida Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Rubio 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 authorize the South
Florida 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 ``South Florida Ecosystem Enhancement
Act of 2023''.
SEC. 2. SOUTH FLORIDA PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 125. SOUTH FLORIDA.
``(a) Definitions.--In this section:
``(1) Science coordination group.--The term `Science
Coordination Group' means the South Florida Ecosystem
Restoration Science Coordination Group established to support
the South Florida Ecosystem Restoration Task Force.
``(2) South florida.--The term `South Florida' means--
``(A) all land and water within the administrative
boundaries of the South Florida Water Management
District and contiguous near-shore coastal waters,
including the Florida Keys; and
``(B) Florida's Coral Reef and the associated patch
reef, hard-bottom, and seagrass resources.
``(3) South florida ecosystem restoration task force.--The
term `South Florida Ecosystem Task Force' means the South
Florida Ecosystem Restoration Task Force established by section
528(f)(1) of the Water Resources Development Act of 1996
(Public Law 104-303; 110 Stat. 3771).
``(4) South florida ecosystem restoration working group.--
The term `South Florida Ecosystem Restoration Working Group'
means the working group established by the South Florida
Ecosystem Task Force pursuant to section 528(f)(2)(D) of the
Water Resources Development Act of 1996 (Public Law 104-303;
110 Stat 3771).
``(5) South florida program.--The term `South Florida
Program' means the South Florida Program established under
subsection (b)(1).
``(b) South Florida Program.--
``(1) Establishment.--The Administrator shall establish
within the Water Division of the Region 4 Office of the
Environmental Protection Agency the South Florida Program.
``(2) Duties.--In carrying out the South Florida Program,
the Administrator shall--
``(A) assess trends in water quality, including
trends that affect uses of water in South Florida;
``(B) collect, characterize, and assess data to
identify existing or potential water quality problems
and the causes of those problems; and
``(C) provide grants in accordance with subsections
(d) and (f).
``(3) Designation.--The Administrator shall designate an
individual in the Water Division of the Region 4 Office of the
Environmental Protection Agency to carry out the day-to-day
operations of the South Florida Program.
``(c) South Florida Ecosystem Restoration Working Group.--The
individual designated by the Administrator under subsection (b)(3)
shall serve as the representative of the Environmental Protection
Agency on the South Florida Ecosystem Restoration Working Group.
``(d) Grant Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the South Florida Ecosystem Enhancement
Act of 2023, the Administrator shall establish a grant program
(referred to in this subsection as the `grant program') to
carry out projects to monitor, enhance, protect, preserve, or
restore water quality, wetlands, aquatic ecosystems, or marine
habitat--
``(A) in South Florida; and
``(B) outside of South Florida but within the study
area boundaries of--
``(i) the Indian River Lagoon National
Estuary Program authorized under section 320;
and
``(ii) the Coastal and Heartland National
Estuary Partnership authorized under that
section.
``(2) Eligible entities.--An entity eligible to receive a
grant under the grant program is--
``(A) a State agency;
``(B) a unit of local government;
``(C) an institution of higher education;
``(D) a federally recognized Indian Tribe; and
``(E) an entity that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(c) of that Code.
``(3) Selection.--
``(A) Application.--An eligible entity seeking a
grant under the grant program shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
``(B) Limitations.--
``(i) Location of projects.--Not more than
15 percent of the amounts made available to
carry out this subsection for each fiscal year
may be awarded for projects that would be
carried out in locations described in paragraph
(1)(B).
``(ii) Other sources of funding.--
``(I) In general.--Subject to
subclause (II), in selecting recipients
of grants under the grant program, the
Administrator may not award a grant to
carry out a water infrastructure
activity that has received assistance--
``(aa) from a State water
pollution control revolving
fund established under title
VI;
``(bb) from a State
drinking water treatment
revolving loan fund established
under section 1452 of the Safe
Drinking Water Act (42 U.S.C.
300j-12); or
``(cc) pursuant to the
Water Infrastructure Finance
and Innovation Act of 2014 (33
U.S.C. 3901 et seq.).
``(II) Exception.--The
Administrator may award a grant under
the grant program to carry out a
separable component of a project
described in subclause (I) if grant
funds would be used to construct
natural features and nature-based
features (as those terms are defined in
section 1184(a) of the Water
Infrastructure Improvements for the
Nation Act (33 U.S.C. 2289a(a))), or to
conduct an ecosystem restoration
project, that improves habitat and
other ecosystem functions.
``(4) Allocation.--Of the amounts made available to carry
out this section each fiscal year, to the extent there are
sufficient high-quality project applications, not less than 33
percent shall be used to carry out this subsection.
``(e) Support for South Florida Ecosystem Restoration Special
Projects and Activities.--
``(1) Interagency agreement.--The Administrator shall, on
an annual basis, develop and execute interagency agreements or
cooperative agreements with appropriate Federal, State, local,
or Tribal agencies to provide funding for 1 or more special
projects or activities within South Florida on the
recommendation of the South Florida Ecosystem Restoration Task
Force.
``(2) Coordination.--The Administrator shall coordinate
with the Administrator of the Office of Everglades Restoration
Initiatives of the Department of the Interior to annually
solicit and receive a priority list of special projects or
activities that enhance the capacity of Federal, State, local,
or Tribal agencies participating in the South Florida Ecosystem
Restoration Task Force, the South Florida Ecosystem Restoration
Working Group, and the Science Coordination Group to fulfill
the mandate under section 528 of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3767),
title VI of the Water Resources Development Act of 2000 (Public
Law 106-541; 114 Stat. 2680), and other applicable law to
restore the South Florida ecosystem.
``(3) Allocation.--Of the amounts made available to carry
out this section each fiscal year, to the extent there are
sufficient high-quality project applications, not less than 50
percent shall be used to carry out this subsection.
``(f) Education Grants.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the South Florida Ecosystem Enhancement
Act of 2022, the Administrator shall establish an education
grant program (referred to in this subsection as the `grant
program') to support educational and environmental literacy
efforts focused on regional bodies of water in South Florida.
``(2) Eligible entities.--An entity eligible to receive a
grant under the grant program is an entity focused on public
engagement, environmental literacy, or education efforts that
is--
``(A) a State, local, or Tribal government entity,
including a public school district and a Tribal school;
``(B) an entity that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(c) of that Code;
or
``(C) an institution of higher education.
``(3) Use of funds.--Each fiscal year, the Administrator
shall award grants under the education grant program for public
engagement, environmental literacy, and education efforts with
respect to any of the following:
``(A) Biscayne Bay.
``(B) Caloosahatchee River and Estuary.
``(C) Charlotte Harbor.
``(D) The Everglades.
``(E) Everglades Headwaters.
``(F) Florida Bay.
``(G) Florida's Coral Reef.
``(H) Lake Okeechobee.
``(I) Loxahatchee River and Lake Worth Lagoon.
``(J) Indian River Lagoon.
``(K) St. Lucie River and Estuary.
``(4) Selection.--
``(A) Application.--An eligible entity seeking a
grant under the grant program shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
``(B) Priority consideration.--In selecting
entities to be awarded grants under the grant program,
the Administrator shall give priority to applications
that seek to fund field trips for socially
disadvantaged students in public elementary schools,
public secondary schools, and Tribal schools to access
publicly protected lands and natural resources.
``(5) Cost-share.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of a project carried out using a grant
under the grant program may not exceed 50 percent of
the total cost of the project.
``(B) Waiver.--The Administrator may waive the
Federal share requirement under subparagraph (A) for
projects carried out to support efforts described in
paragraph (4)(B).
``(6) Allocation.--Of the amounts made available to carry
out this section each fiscal year, to the extent there are
sufficient high-quality project applications, the Administrator
may use not more than 1 percent to carry out this subsection.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator $50,000,000 for each of fiscal years 2024
through 2028 to carry out this section.
``(2) Administrative costs.--Of the amounts made available
to carry out this section under paragraph (1) each fiscal year,
the Administrator may use not more than 4 percent for
administrative costs.''.
<all>
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118S1190 | End the Threat of Default Act | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
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[
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[
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[
"B0... | <p><b>End the Threat of Default Act</b></p> <p>This bill repeals the statutory debt limit, which limits the amount of money that the federal government may borrow.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1190 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1190
To repeal the debt ceiling, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Schatz (for himself, Mr. Casey, Ms. Hirono, Mr. Whitehouse, Mr.
Bennet, Mr. Lujan, Mr. Van Hollen, Mr. Durbin, Mr. Heinrich, Ms.
Warren, Mr. Murphy, Ms. Smith, and Mr. Markey) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To repeal the debt ceiling, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End the Threat of Default Act''.
SEC. 2. REPEAL OF DEBT CEILING.
(a) In General.--Section 3101 of title 31, United States Code, is
repealed.
(b) Technical and Conforming Amendments.--
(1) Section 301(b)(5) of the Congressional Budget Act of
1974 (2 U.S.C. 632(b)(5)) is amended by striking ``debt subject
to limit (in section 3101 of title 31 of the United States
Code)'' and inserting ``face value of obligations issued under
chapter 31 of title 31, United States Code, and the face amount
of obligations whose principal and interest are guaranteed by
the United States Government (except guaranteed obligations
held by the Secretary of the Treasury)''.
(2) Section 8348 of title 5, United States Code, is amended
by striking subsections (j), (k), and (l).
(3) Section 8438 of title 5, United States Code, is amended
by striking subsections (g) and (h).
(4) Section 14(d)(2) of the Federal Deposit Insurance Act
(12 U.S.C. 1824(d)(2)) is amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively.
(5) Section 3101A of title 31, United States Code, is
repealed.
(6) Section 3130(e)(2) of title 31, United States Code, is
amended by striking ``total amount of the obligations subject
to the public debt limit established in section 3101 of this
title'' and inserting ``face value of obligations issued under
this chapter and the face amount of obligations whose principal
and interest are guaranteed by the United States Government
(except guaranteed obligations held by the Secretary of the
Treasury)''.
(7) Section 1145(b) of the Social Security Act (42 U.S.C.
1320b-15(b)) is amended by striking ``any obligation subject to
the public debt limit established under section 3101 of title
31, United States Code'' and inserting ``any obligation issued
under chapter 31 of title 31, United States Code, and any
obligation whose principal and interest are guaranteed by the
United States Government (except guaranteed obligations held by
the Secretary of the Treasury)''.
(8) The table of sections for chapter 31 of title 31,
United States Code, is amended by striking the items relating
to sections 3101 and 3101A.
(c) Savings Provisions.--
(1) Civil service retirement and disability fund.--
Notwithstanding the amendments made by subsection (b),
paragraphs (2), (3), and (4) of subsection (j) and subsection
(l)(1) of section 8348 of title 5, United States Code, as in
effect on the day before the date of enactment of this Act,
shall apply to any debt issuance suspension period (as defined
under section 8348(j)(5) of such title) that is in effect on
the date of enactment of this Act.
(2) Thrift savings fund.--Notwithstanding the amendments
made by subsection (b), paragraphs (2), (3), and (4) of
subsection (g) and subsection (h)(1) of section 8438 of title
5, United States Code, as in effect on the day before the date
of enactment of this Act, shall apply to any debt issuance
suspension period (as defined under section 8438(g)(6) of such
title) that is in effect on the date of enactment of this Act.
<all>
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118S1191 | A bill to direct the Director of the Cybersecurity and Infrastructure Security Agency to establish a K-12 Cybersecurity Technology Improvement Program, and for other purposes. | [
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
],
[
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"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
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] | <p><b>Enhancing K-12 Cybersecurity Act</b></p> <p>This bill establishes resources and a program to address cybersecurity of elementary and secondary schools.</p> <p>First, the bill directs the Cybersecurity and Infrastructure Security Agency (CISA) to establish an information exchange to disseminate information, best practices, training, and resources to improve cybersecurity in elementary and secondary schools.</p> <p>In addition, CISA must establish a registry to track cyber incidents affecting information technology systems that are owned or managed by schools and educational agencies. Schools and educational agencies may voluntarily submit information to the registry.</p> <p>Finally, the bill requires CISA to establish a program to address cybersecurity threats to school information systems.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1191 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1191
To direct the Director of the Cybersecurity and Infrastructure Security
Agency to establish a K-12 Cybersecurity Technology Improvement
Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mrs. Blackburn (for herself and Mr. Warner) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To direct the Director of the Cybersecurity and Infrastructure Security
Agency to establish a K-12 Cybersecurity Technology Improvement
Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may cited as the ``Enhancing K-12 Cybersecurity Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means the
following:
(A) An elementary school.
(B) A secondary school.
(C) A local educational agency.
(D) A State educational agency.
(E) An educational service agency.
(2) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency.
(3) Educational service agency.--The term ``educational
service agency'' has the meaning given that term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(4) Elementary school.--The term ``elementary school'' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Information exchange.--The term ``Information
Exchange'' means the School Cybersecurity Information Exchange
established under section 3(a).
(6) Information sharing and analysis organization.--The
term ``Information Sharing and Analysis Organization'' has the
meaning given that term in section 2200 of the Homeland
Security Act of 2002 (6 U.S.C. 650).
(7) Local educational agency.--The term ``local educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) Secondary school.--The term ``secondary school'' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(9) State educational agency.--The term ``State educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 3. SCHOOL CYBERSECURITY INFORMATION EXCHANGE.
(a) Establishment.--The Director shall enhance existing information
exchange efforts implemented through partnerships with 1 or more
Information Sharing and Analysis Organizations to focus specific
attention on the needs of covered entities with regard to
cybersecurity, including a new publicly accessible website (to be known
as the ``School Cybersecurity Information Exchange'') to disseminate
information, cybersecurity best practices, training, and lessons
learned tailored to the specific needs of, technical expertise of, and
resources available to covered entities, in accordance with subsection
(b).
(b) Duties.--In establishing the Information Exchange, the Director
shall--
(1) engage appropriate Federal, State, local, and
nongovernmental organizations to identify, promote, and
disseminate information and best practices for State
educational agencies, local educational agencies, and
educational service agencies with respect to cybersecurity,
data protection, remote learning security, and student online
privacy;
(2) maintain a database through which an elementary school,
secondary school, local educational agency, State educational
agency, or educational service agency may identify
cybersecurity tools and services funded by the Federal
Government and tools and services recommended for purchase with
State and local government funding; and
(3) provide a searchable database through which covered
entities may find and apply for funding opportunities to
improve cybersecurity.
(c) Consultation.--In carrying out the duties under subsection (b),
the Director shall consult with the following:
(1) The Secretary of Education.
(2) The Director of the National Institute of Standards and
Technology.
(3) The Federal Communications Commission.
(4) The Director of the National Science Foundation.
(5) The Federal Bureau of Investigation.
(6) State and local leaders, including, when appropriate,
Governors, employees of State departments and agencies, members
of State legislatures and State boards of education, local
educational agencies, State educational agencies,
representatives of Indian Tribes, teachers, principals, other
school leaders, charter school leaders, specialized
instructional support personnel, paraprofessionals, school
administrators, other school staff, and parents.
(7) When determined appropriate by the Director, subject
matter experts and expert organizations, including
nongovernmental organizations, vendors of school information
technology products and services, cybersecurity insurance
companies, and cybersecurity threat companies.
SEC. 4. CYBERSECURITY INCIDENT REGISTRY.
(a) In General.--The Director shall--
(1) establish, through partnerships with 1 or more
Information Sharing and Analysis Organizations, a voluntary
registry of information relating to cyber incidents affecting
information technology systems owned or managed by a covered
entity; and
(2) determine the scope of cyber incidents to be included
in the registry and processes by which incidents can be
reported for collection in the registry.
(b) Use.--Information in the registry established pursuant under
subsection (a) may be used to--
(1) improve data collection and coordination activities
related to the nationwide monitoring of the incidence and
impact of cyber incidents affecting a covered entity;
(2) conduct analyses regarding trends in cyber incidents
affecting a covered entity;
(3) develop systematic approaches to assist a covered
entity in preventing and responding to cyber incidents;
(4) increase the awareness and preparedness of a covered
entity regarding the cybersecurity of the covered entity; and
(5) identify, prevent, or investigate cyber incidents
targeting a covered entity.
(c) Information Collection.--
(1) In general.--The Director may collect information
relating to cyber incidents to store in the registry
established pursuant to subsection (a).
(2) Submission of information.--Information relating to a
cyber incident may be submitted by a covered entity and may
include the following:
(A) The date of the cyber incident, including the
date on which the incident was initially detected and
the date on which the incident was first publicly
reported or disclosed to another entity.
(B) A description of the cyber incident, which
shall include whether the incident was as a result of a
breach, malware, distributed denial of service attack,
or other method designed to cause a vulnerability.
(C) The effects of the cyber incident, including
descriptions of the type and size of each such
incident.
(D) Other information determined relevant by the
Director.
(d) Report.--The Director shall make available on the Information
Exchange an annual report relating to cyber incidents affecting
elementary schools and secondary schools which includes data, and the
analysis of such data, in a manner that--
(1) is--
(A) de-identified; and
(B) presented in the aggregate; and
(2) at a minimum, protects personal privacy to the extent
required by applicable Federal and State privacy laws.
SEC. 5. K-12 CYBERSECURITY TECHNOLOGY IMPROVEMENT PROGRAM.
(a) Establishment.--The Director shall establish, through
partnerships with 1 or more Information Sharing and Analysis
Organizations, a program (to be known as the ``K-12 Cybersecurity
Technology Improvement Program'') to deploy cybersecurity capabilities
to address cybersecurity risks and threats to information systems of
elementary schools and secondary schools through--
(1) the development of cybersecurity strategies and
installation of effective cybersecurity tools tailored for
covered entities;
(2) making available cybersecurity services that enhance
the ability of elementary schools and secondary schools to
protect themselves from ransomware and other cybersecurity
threats; and
(3) providing training opportunities on cybersecurity
threats, best practices, and relevant technologies for
elementary schools and secondary schools.
(b) Report.--The Director shall make available on the Information
Exchange an annual report relating to the impact of the K-12
Cybersecurity Technology Improvement Program, including information on
the cybersecurity capabilities made available to information technology
systems owned or managed by covered entities, the number of students
served, and cybersecurity incidents identified or prevented.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2023 and 2024.
<all>
</pre></body></html>
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118S1192 | Stop Fentanyl Border Crossings Act | [
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"sponsor"
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"R000584",
"Sen. Risch, James E. [R-ID]",
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"H001079",
"S... | <p><strong>Stop Fentanyl Border Crossings Act</strong></p> <p>This bill authorizes the Department of Health and Human Services (HHS) to restrict migration and imports from foreign countries to prevent the introduction of illicit drugs into the United States.</p> <p>Current law authorizes HHS to restrict migration and imports from foreign countries to prevent the introduction of communicable diseases. Under this bill, HHS may also restrict migration and imports from a country if HHS determines that the existence of substantial illicit drug smuggling from that country poses a risk to public health.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1192 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1192
To amend the Public Health Service Act to provide the Secretary of
Health and Human Services with the authority to suspend the right to
introduce certain persons or property into the United States in the
interest of the public health.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Hagerty (for himself, Mr. Risch, Mr. Lee, Ms. Lummis, Mrs. Hyde-
Smith, Mrs. Blackburn, Mr. Marshall, Mr. Daines, Mr. Budd, Mr. Crapo,
and Mr. Young) 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 the Secretary of
Health and Human Services with the authority to suspend the right to
introduce certain persons or property into the United States in the
interest of the public health.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Fentanyl Border Crossings
Act''.
SEC. 2. PROTECTION OF PUBLIC HEALTH.
Section 362 of the Public Health Service Act (42 U.S.C. 265) is
amended--
(1) by striking ``Whenever the'' and inserting the
following:
``(a) In General.--Whenever the''; and
(2) by adding at the end the following:
``(b) Suspensions Relating to Illicit Drugs.--Whenever the
Secretary determines that by reason of the existence of substantial
illicit drug smuggling from a foreign country there is serious danger
of the introduction of such drugs into the United States, and that this
danger is so increased by the introduction of persons or property from
such country that a suspension of the right to introduce such persons
and property is required in the interest of the public health, the
Secretary, in accordance with regulations promulgated by the Secretary,
shall have the power to prohibit, in whole or in part, the introduction
of persons and property from such countries or places as he shall
designate in order to avert such danger, and for such period of time as
he may deem necessary for such purpose.''.
<all>
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118S1193 | Latonya Reeves Freedom Act of 2023 | [
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"S0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1193 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1193
To prohibit discrimination against individuals with disabilities who
need long-term services and supports, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Bennet (for himself, Mr. Booker, Mr. Markey, Mr. Whitehouse, Mr.
Schumer, Ms. Stabenow, Mr. Reed, Mr. Heinrich, Ms. Warren, Ms. Cortez
Masto, Mr. Hickenlooper, Ms. Klobuchar, Ms. Baldwin, Mrs. Gillibrand,
Mr. Carper, Ms. Hirono, and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit discrimination against individuals with disabilities who
need long-term services and supports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Latonya Reeves Freedom Act of
2023''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to clarify and strengthen the integration mandate of
the Americans with Disabilities Act of 1990, held by the
Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999) in a
manner that accelerates and improves State compliance;
(2) to affirm that every individual who is eligible for
long-term services and supports has a federally protected right
to be meaningfully integrated into that individual's community
and receive community-based long-term services and supports;
(3) to ensure that States provide long-term services and
supports to individuals with disabilities in a manner that
allows individuals with disabilities to live in the most
integrated setting, including the individual's own home, have
maximum control over their services and supports, and ensure
that long-term services and supports are provided in a manner
that allows individuals with disabilities to lead an
independent life;
(4) to establish a comprehensive State planning requirement
that includes enforceable, measurable objectives that are
designed to transition individuals with all types of
disabilities at all ages out of institutions and into the most
integrated setting, if they choose that transition; and
(5) to identify and address disparities in the provision of
community-based long-term services and supports.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--In this Act:
(1) Activities of daily living.--The term ``activities of
daily living'' has the meaning given the term in section
441.505 of title 42, Code of Federal Regulations (or a
successor regulation).
(2) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Administration for
Community Living; or
(B) another designee of the Secretary of Health and
Human Services.
(3) Community-based; services or supports.--The term
``community-based'', when used in reference to services or
supports, means services or supports that are provided to an
individual with an LTSS disability to enable that individual to
live in the community and lead an independent life, and that
are delivered in whichever setting the individual with an LTSS
disability has chosen out of the following settings with the
following qualities:
(A) In the case of a dwelling or a nonresidential
setting (such as a setting in which an individual with
an LTSS disability receives day services and supported
employment), a dwelling or setting--
(i) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, is integrated into the greater
community and supports, for each individual
with an LTSS disability who receives services
or supports at the setting--
(I) full access to the greater
community (including access to
opportunities to seek employment and
work in competitive integrated
settings, engage in community life,
control personal resources, and receive
services in the community); and
(II) access to the greater
community to the same extent as access
to the community is enjoyed by an
individual who is not receiving long-
term services or supports;
(ii) that the individual has selected as a
meaningful choice from among nonresidential
setting options, including nondisability-
specific settings;
(iii) in which an individual has rights to
privacy, dignity, and respect, and freedom from
coercion and restraint;
(iv) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, optimizes, but does not regiment,
individual initiative, autonomy, and
independence in making life choices, including
choices about daily activities, physical
environment, and persons with whom the
individual interacts; and
(v) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, facilitates individual choice
regarding the provision of services and
supports, and who provides those services and
supports.
(B) In the case of a dwelling, a dwelling--
(i) that is owned by an individual with an
LTSS disability or the individual's family
member;
(ii) that is leased to the individual with
an LTSS disability under an individual lease,
that has lockable access and egress, and that
includes living, sleeping, bathing, and cooking
areas over which an individual with an LTSS
disability or the individual's family member
has domain and control; or
(iii) that is a group or shared residence--
(I) in which no more than 4
unrelated individuals with an LTSS
disability reside;
(II) for which each individual with
an LTSS disability living at the
residence owns, rents, or occupies the
residence under a legally enforceable
agreement under which the individual
has, at a minimum, the same
responsibilities and protections as
tenants have under applicable landlord-
tenant law;
(III) in which each individual with
an LTSS disability living at the
residence--
(aa) has privacy in the
individual's sleeping unit,
including a lockable entrance
door controlled by the
individual;
(bb) shares a sleeping unit
only if such individual and the
individual sharing the unit
choose to do so, and if
individuals in the residence so
choose, they also have a choice
of roommates within the
residence;
(cc) has the freedom to
furnish and decorate the
individual's sleeping or living
unit as permitted under the
lease or other agreement;
(dd) has the freedom and
support to control the
individual's own schedules and
activities; and
(ee) is able to have
visitors of the individual's
choosing at any time; and
(IV) that is physically accessible
to the individual with an LTSS
disability living at the residence.
(4) Community-based; setting.--The term ``community-
based'', when used in reference to a setting, means a setting
described in subparagraph (A) or (B) of paragraph (3).
(5) Dwelling.--The term ``dwelling'' has the meaning given
the term in section 802 of the Fair Housing Act (42 U.S.C.
3602).
(6) Health-related tasks.--The term ``health-related
tasks'' means specific nonacute tasks, typically regulated by
States as medical or nursing tasks that an individual with a
disability may require to live in the community, including--
(A) administration of medication;
(B) assistance with use, operation, and maintenance
of a ventilator; and
(C) maintenance and use of a gastrostomy tube, a
catheter, or a stable ostomy.
(7) Individual with a disability.--The term ``individual
with a disability'' means an individual who is a person with a
disability, as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(8) Individual with an ltss disability.--The term
``individual with an LTSS disability'' means an individual with
a disability who--
(A) in order to live in the community and lead an
independent life requires assistance in accomplishing--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii); and
(B)(i) is currently in an institutional placement;
or
(ii) is at risk of institutionalization if the
individual does not receive community-based long-term
services and supports.
(9) Institution; institutionalization.--
(A) Institution.--The term ``institution'' means--
(i) a skilled nursing facility (as defined
in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a)));
(ii) a nursing facility (as defined in
section 1919(a) of such Act (42 U.S.C.
1396r(a)));
(iii) a long-term care hospital (as
described in section 1886(d)(1)(B)(iv) of such
Act (42 U.S.C. 1395ww(d)(1)(B)(iv)));
(iv) a facility described in section
1905(d) of such Act (42 U.S.C. 1396d(d));
(v) an institution which is a psychiatric
hospital (as defined in section 1861(f) of such
Act (42 U.S.C. 1395x(f))) or that provides in-
patient psychiatric services in a residential
setting specified by the Secretary;
(vi) an institution described in section
1905(i) of such Act (42 U.S.C. 1396d(i)); and
(vii) any congregate setting that is not
community-based or that has the effect of
isolating individuals with disabilities from
the community.
(B) Institutionalization.--The term
``institutionalization'', used with respect to an
individual with an LTSS disability, refers to the
individual living or receiving services or supports in
a setting that is not community-based.
(10) Instrumental activities of daily living.--The term
``instrumental activities of daily living'' means one or more
activities related to living independently in the community,
including activities related to--
(A) nutrition, such as preparing meals or special
diets, monitoring to prevent choking or aspiration, or
assisting with special utensils;
(B) household chores and environmental maintenance
tasks;
(C) communication and interpersonal skills, such
as--
(i) using the telephone or other
communications devices;
(ii) forming and maintaining interpersonal
relationships; or
(iii) securing opportunities to participate
in group support or peer-to-peer support
arrangements;
(D) travel and community participation, such as
shopping, arranging appointments, or moving around the
community;
(E) care of others, such as raising children,
taking care of pets, or selecting caregivers; or
(F) management of personal property and personal
safety, such as--
(i) taking medication;
(ii) handling or managing money; or
(iii) responding to emergent situations or
unscheduled needs requiring an immediate
response.
(11) Long-term service or support.--
(A) In general.--The terms ``long-term service or
support'' and ``LTSS'' mean the assistance provided to
an individual with a disability in accomplishing,
acquiring the means or ability to accomplish,
maintaining, or enhancing--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii).
(B) Assistance.--In subparagraph (A), the term
``assistance'' includes support provided to an
individual by another person due to confusion,
dementia, behavioral symptoms, or cognitive,
intellectual, mental, or emotional disabilities,
including support to--
(i) help the individual identify and set
goals, communicate needs, overcome fears, and
manage transitions;
(ii) help the individual with executive
functioning, decision making, self-expression,
and problemsolving;
(iii) provide reassurance to the
individual; and
(iv) help the individual with orientation,
memory, and other activities related to
independent living.
(12) LTSS insurance provider.--The term ``LTSS insurance
provider'' means a public or private entity that--
(A) provides funds for long-term services and
supports; and
(B) is engaged in commerce or in an industry or
activity affecting commerce.
(13) Public entity.--
(A) In general.--The term ``public entity'' means
an entity that--
(i) provides or funds institutional
placements for individuals with LTSS
disabilities; and
(ii) is--
(I) a State or local government; or
(II) any department, agency, entity
administering a special purpose
district, or other instrumentality, of
a State or local government.
(B) Interstate commerce.--For purposes of
subparagraph (A), a public entity shall be considered
to be a person engaged in commerce or in an industry or
activity affecting commerce.
(b) Rule of Construction.--Nothing in subsection (a) or any other
provision of this section shall be construed to preclude an individual
with a disability from receiving community-based services and supports
in an integrated community setting such as a grocery store, retail
establishment, restaurant, bank, park, concert venue, theater, or
workplace.
SEC. 4. DISCRIMINATION.
(a) In General.--No public entity or LTSS insurance provider shall
deny an individual with an LTSS disability who is eligible for
institutional placement, or otherwise discriminate against that
individual in the provision of, community-based long-term services and
supports that enable the individual to live in the community and lead
an independent life.
(b) Specific Prohibitions.--For purposes of this Act,
discrimination by a public entity or LTSS insurance provider includes--
(1) the imposition or application of eligibility criteria
or another policy that prevents or tends to prevent an
individual with an LTSS disability, or any class of individuals
with LTSS disabilities, from receiving a community-based long-
term service or support;
(2) the imposition or application of a policy or other
mechanism, such as a service or cost cap, that prevent or tends
to prevent an individual with an LTSS disability, or any class
of individuals with LTSS disabilities, from receiving a
community-based long-term service or support;
(3) a failure to provide a specific community-based long-
term service or support or a type of community-based long-term
service or support needed for an individual with an LTSS
disability, or any class of individuals with LTSS disabilities;
(4) the imposition or application of a policy, rule,
regulation, or restriction that interferes with the opportunity
for an individual with an LTSS disability, or any class of
individuals with LTSS disabilities, to live in the community
and lead an independent life, which may include a requirement
that an individual with an LTSS disability receive a service or
support (such as day services or employment services) in a
congregate or disability-specific setting;
(5) the imposition or application of a waiting list or
other mechanism that delays or restricts access of an
individual with an LTSS disability to a community-based long-
term service or support;
(6) a failure to establish an adequate rate or other
payment structure that is necessary to ensure the availability
of a workforce sufficient to support an individual with an LTSS
disability in living in the community and leading an
independent life;
(7) a failure to provide community-based services and
supports, on an intermittent, short-term, or emergent basis,
that assist an individual with an LTSS disability to live in
the community and lead an independent life;
(8) the imposition or application of a policy, such as a
requirement that an individual utilize informal support, that
restricts, limits, or delays the ability of an individual with
an LTSS disability to secure a community-based long-term
service or support to live in the community or lead an
independent life;
(9) a failure to implement a formal procedure and a
mechanism to ensure that--
(A) individuals with LTSS disabilities are offered
the alternative of community-based long-term services
and supports prior to institutionalization; and
(B) if selected by an individual with an LTSS
disability, the community-based long-term services and
supports described in subparagraph (A) are provided;
(10) a failure to ensure that each institutionalized
individual with an LTSS disability is regularly notified of the
alternative of community-based long-term services and supports
and that those community-based long-term services and supports
are provided if the individual with an LTSS disability selects
such services and supports; and
(11) a failure to make a reasonable modification in a
policy, practice, or procedure, when such modification is
necessary to allow an individual with an LTSS disability to
receive a community-based long-term service or support.
(c) Additional Prohibition.--For purposes of this Act,
discrimination by a public entity also includes a failure to ensure
that there is sufficient availability of affordable, accessible, and
integrated housing to allow an individual with an LTSS disability to
choose to live in the community and lead an independent life, including
the availability of an option to live in housing where the receipt of
LTSS is not tied to tenancy.
(d) Construction.--Nothing in this section--
(1) shall be construed--
(A) to prevent a public entity or LTSS insurance
provider from providing community-based long-term
services and supports at a level that is greater than
the level that is required by this section;
(B) to limit the rights of an individual with a
disability under any provision of law other than this
section; or
(C) to require that an individual with an LTSS
disability live or receive services or supports in a
more integrated setting if the individual chooses a
less integrated setting;
(2) shall be construed to affect the scope of obligations
imposed by any other provision of law; or
(3) shall be construed to prohibit a public entity or LTSS
insurance provider from using managed care techniques, as long
as the use of such techniques does not have the effect of
discriminating against an individual in the provision of
community-based long-term services and supports, as prohibited
by this Act.
SEC. 5. ADMINISTRATION.
(a) Authority and Responsibility.--
(1) Department of justice.--The Attorney General shall
investigate and take enforcement action for violations of this
Act.
(2) Department of health and human services.--The Secretary
of Health and Human Services, through the Administrator,
shall--
(A) review, and approve or disapprove, transition
plans submitted by public entities, under section
6(b)(10);
(B) establish a task force to identify socio-
demographic, geographic, and other factors that are
barriers that prevent individuals with LTSS
disabilities from receiving community-based long-term
services and supports or from being able to choose
alternatives in the community to institutionalization
and identify other disparities in the availability and
provision of community-based long-term services and
supports, which task force shall be responsible for--
(i) overseeing studies regarding the nature
and extent of those barriers and disparities
and the impact that those barriers and
disparities have on the institutionalization of
individuals with LTSS disabilities; and
(ii) submitting to Congress not later than
2 years after the date of enactment of this Act
a report on the nature and extent of those
barriers and disparities, including a
description of legislative or executive action
to address the barriers and disparities; and
(C) refer information on violations of this Act to
the Attorney General for investigation and enforcement
action under this Act.
(b) Cooperation of Executive Departments and Agencies.--Each
Federal agency and, in particular, each Federal agency covered by
Executive Order 13217 (66 Fed. Reg. 33155; relating to community-based
alternatives for individuals with disabilities), shall carry out
programs and activities relating to the institutionalization of
individuals with LTSS disabilities and the provision of community-based
long-term services and supports for individuals with LTSS disabilities
in accordance with this Act and shall cooperate with the Attorney
General and the Administrator to further the purposes of this Act.
SEC. 6. REGULATIONS.
(a) Issuance of Regulations.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall issue, in
accordance with section 553 of title 5, United States Code, final
regulations to carry out this Act, which shall include the regulations
described in subsection (b).
(b) Required Contents of Regulations.--
(1) Protected individuals.--The regulations shall require
each public entity and LTSS insurance provider to offer, and,
if accepted, provide community-based long-term services and
supports as required under this Act to any individual with an
LTSS disability who would otherwise qualify for institutional
placement provided or funded by the public entity or LTSS
insurance provider.
(2) Services to be provided.--The regulations issued under
this section shall require each public entity and LTSS
insurance provider to provide the Attorney General and the
Administrator (for purposes of enabling the Attorney General to
consult with the Administrator) with an assurance that the
public entity or LTSS insurance provider--
(A) ensures that individuals with LTSS disabilities
receive assistance through hands-on assistance,
training, cueing, and safety monitoring, including
access to backup systems, with--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii);
(B) coordinates, conducts, performs, provides, or
funds discharge planning from acute and rehabilitation
facilities, and other institutions, to promote
individuals with LTSS disabilities living in the most
integrated setting chosen by the individuals;
(C) issues, conducts, performs, provides, or funds
policies and programs to promote self-direction and the
provision of consumer-directed services and supports
for all populations of individuals with LTSS
disabilities served;
(D) issues, conducts, performs, provides, or funds
policies and programs to support informal caregivers
who provide services for individuals with LTSS
disabilities; and
(E) ensures that individuals with all types of LTSS
disabilities are able to live in the community and lead
an independent life, including ensuring that the
individuals have maximum control over the services and
supports that the individuals receive, choose the
setting in which the individuals receive those services
and supports, and exercise control and direction over
their own lives.
(3) Public participation.--
(A) Public entity.--The regulations issued under
this section shall require each public entity to carry
out a public participation process in preparing the
public entity's self-evaluation under paragraph (5) and
transition plan under paragraph (10).
(B) LTSS insurance provider.--The regulations
issued under this section shall require each LTSS
insurance provider to carry out a public participation
process that involves holding a public hearing,
providing an opportunity for public comment, and
consulting with individuals with LTSS disabilities, in
preparing the LTSS insurance provider's self-evaluation
under paragraph (5).
(C) Process.--In carrying out a public
participation process under subparagraph (A) or (B), a
public entity or LTSS insurance provider shall ensure
that the process meets the requirements of
subparagraphs (A) and (C) of section 1115(d)(2) of the
Social Security Act (42 U.S.C. 1315(d)(2)), except
that--
(i) the reference to ``at the State level''
shall be disregarded; and
(ii) the reference to an application shall
be considered to be a reference to the self-
evaluation or plan involved.
(4) Additional services and supports.--The regulations
issued under this section shall establish circumstances under
which a public entity shall provide community-based long-term
services and supports under this section beyond the level of
community-based long-term services and supports which would
otherwise be required under this subsection.
(5) Self-evaluation.--
(A) In general.--The regulations issued under this
section shall require each public entity and each LTSS
insurance provider, not later than 30 months after the
date of enactment of this Act, to evaluate current
services, policies, and practices, and the effects
thereof, that do not or may not meet the requirements
of this Act and, to the extent modification of any such
services, policies, and practices is required to meet
the requirements of this Act, make the necessary
modifications. The self-evaluation shall include--
(i) collection of baseline information,
including the numbers of individuals with LTSS
disabilities in various institutional and
community-based settings served by the public
entity or LTSS insurance provider, including
demographic data that--
(I) specifies whether the
individuals are women, veterans, or
members of a racial and ethnic minority
group, as defined in section 1707 of
the Public Health Service Act (42
U.S.C. 300u-6); and
(II) is disaggregated by race in a
manner that captures all the racial
groups specified in the American
Community Survey conducted by the
Bureau of the Census;
(ii) a review of community capacity, in
communities served by the entity or provider,
in providing community-based long-term services
and supports;
(iii) identification of improvements needed
to ensure that all community-based long-term
services and supports provided by the public
entity or LTSS insurance provider to
individuals with LTSS disabilities are
comprehensive, are accessible, are not
duplicative of existing (as of the date of the
identification) services and supports, meet the
needs of persons who are likely to require
assistance in order to live, or lead a life, as
described in section 4(a), and are culturally
competent, high-quality services and supports,
which may include identifying system
improvements that create an option to self-
direct receipt of such services and supports
for all populations of such individuals served;
and
(iv) a review of funding sources for
community-based long-term services and supports
and an analysis of how those funding sources
could be organized into a fair, coherent system
that affords individuals reasonable and timely
access to culturally competent, community-based
long-term services and supports.
(B) Public entity.--A public entity, including an
LTSS insurance provider that is a public entity,
shall--
(i) include in the self-evaluation
described in subparagraph (A)--
(I) an assessment of the
availability of accessible, affordable
transportation across the State
involved and whether transportation
barriers prevent individuals from
receiving long-term services and
supports in the most integrated
setting; and
(II) an assessment of the
availability of integrated employment
opportunities in the jurisdiction
served by the public entity for
individuals with LTSS disabilities;
(ii) provide the self-evaluation described
in subparagraph (A) to the Attorney General;
and
(iii) make the self-evaluation described in
subparagraph (A) available on the public
internet website of the public entity.
(C) LTSS insurance provider.--An LTSS insurance
provider shall keep the self-evaluation described in
subparagraph (A) on file, and may be required to
produce such self-evaluation in the event of a review,
investigation, or action described in section 8.
(6) Additional requirement for public entities.--The
regulations issued under this section shall require a public
entity, in conjunction with the housing agencies serving the
jurisdiction served by the public entity, to review and improve
community capacity, in all communities throughout the entirety
of that jurisdiction, in providing affordable, accessible, and
integrated housing, including an evaluation of available units,
unmet need, and other identifiable barriers to the provision of
that housing. In carrying out that improvement, the public
entity, in conjunction with such housing agencies, shall--
(A) ensure, and assure the Attorney General and the
Administrator that there is, sufficient availability of
affordable, accessible, and integrated housing in a
setting that is not a disability-specific residential
setting or a setting where services are tied to
tenancy, in order to provide individuals with LTSS
disabilities a meaningful choice in their housing;
(B) in order to address the need for affordable,
accessible, and integrated housing--
(i) in the case of such a housing agency,
establish relationships with State and local
housing authorities; and
(ii) in the case of the public entity,
establish relationships with State and local
housing agencies, including housing
authorities;
(C) establish, where needed, necessary preferences
and set-asides in housing programs for individuals with
LTSS disabilities who are transitioning from or
avoiding institutional placement;
(D) establish a process to fund necessary home
modifications so that individuals with LTSS
disabilities can live independently; and
(E) ensure, and assure the Attorney General and the
Administrator, that funds and programs implemented or
overseen by the public entity or in the public entity's
jurisdiction are targeted toward affordable,
accessible, integrated housing for individuals with an
LTSS disability who have the lowest income levels in
the jurisdiction as a priority over any other
development until capacity barriers for such housing
are removed or unmet needs for such housing have been
met.
(7) Designation of responsible employee.--The regulations
issued under this section shall require each public entity and
LTSS insurance provider to designate at least one employee to
coordinate the entity's or provider's efforts to comply with
and carry out the entity or provider's responsibilities under
this Act, including the investigation of any complaint
communicated to the entity or provider that alleges a violation
of this Act. Each public entity and LTSS insurance provider
shall make available to all interested individuals the name,
office address, and telephone number of the employee designated
pursuant to this paragraph.
(8) Grievance procedures.--The regulations issued under
this section shall require public entities and LTSS insurance
providers to adopt and publish grievance procedures providing
for prompt and equitable resolution of complaints alleging a
violation of this Act.
(9) Provision of service by others.--The regulations issued
under this section shall require each public entity submitting
a self-evaluation under paragraph (5) to identify, as part of
the transition plan described in paragraph (10), any other
entity that is, or acts as, an agent, subcontractor, or other
instrumentality of the public entity with regards to a service,
support, policy, or practice described in such plan or self-
evaluation.
(10) Transition plans.--The regulations issued under this
section shall require each public entity, not later than 42
months after the date of enactment of this Act, to submit to
the Administrator and, on approval by the Administrator, begin
implementing a transition plan for carrying out this Act that
establishes the achievement of the requirements of this Act, as
soon as practicable, but in no event later than 12 years after
the date of enactment of this Act. The transition plan shall--
(A) establish measurable objectives to address the
barriers to community living identified in the self-
evaluation under paragraph (5);
(B) establish specific annual targets for the
transition of individuals with LTSS disabilities, and
shifts in funding, from institutional settings to
integrated community-based services and supports, and
related programs;
(C) describe specific efforts to support
individuals with LTSS disabilities to avoid unwanted
institutionalization through the provision of LTSS;
(D) describe the manner in which the public entity
has obtained or plans to obtain necessary funding and
resources needed for implementation of the plan
(regardless of whether the entity began carrying out
the objectives of this Act prior to the date of
enactment of this Act); and
(E) describe the steps taken to ensure that the
transition plan addresses the needs of individuals from
all socio-demographic and geographic backgrounds.
(11) Annual reporting.--
(A) In general.--The regulations issued under this
section shall establish annual reporting requirements
for each public entity covered by this section.
(B) Progress on objectives, targets, and efforts.--
The regulations issued under this section shall require
each public entity that has submitted a transition
plan, to make publicly available on the entity's
website an annual report on the progress the public
entity has made during the previous year in meeting the
measurable objectives, specific annual targets, and
specific efforts described in paragraph (10).
(c) Review of Transition Plans.--
(1) General rule.--The Administrator shall review a
transition plan submitted in accordance with subsection
(b)(10), not later than 90 days after receiving the plan, for
the purpose of determining whether such plan meets the
requirements of this Act, including the regulations issued
under this section.
(2) Disapproval.--If the Administrator determines that a
transition plan reviewed under this subsection fails to meet
the requirements of this Act, the Administrator shall
disapprove the transition plan and notify the public entity
that submitted the transition plan of, and the reasons for,
such disapproval.
(3) Modification of disapproved plan.--Not later than 90
days after the date of disapproval of a transition plan under
this subsection, the public entity that submitted the
transition plan shall modify the transition plan to meet the
requirements of this section and shall submit the modified plan
to the Administrator. Not later than 90 days after receiving
the modified plan, the Administrator shall review the plan and,
on approval by the Administrator, the public entity shall begin
implementing the plan.
(d) Rule of Construction.--Nothing in subsection (b)(10) or (c) or
any other provision of this Act shall be construed to limit the rights,
protections, or requirements of any other Federal law, relating to
integration of individuals with disabilities into the community and
enabling those individuals to live in the most integrated setting.
SEC. 7. EXEMPTIONS FOR RELIGIOUS ORGANIZATIONS.
This Act shall not prohibit a religious organization, association,
or society from giving preference in providing community-based long-
term services and supports to individuals of a particular religion
connected with the beliefs of such organization, association, or
society.
SEC. 8. ENFORCEMENT.
(a) Civil Action.--
(1) In general.--A civil action for preventive relief,
including an application for a permanent or temporary
injunction, restraining order, or other order, may be
instituted by an individual described in paragraph (2) in an
appropriate Federal district court.
(2) Aggrieved individual.--
(A) In general.--The remedies and procedures set
forth in this section are the remedies and procedures
this Act provides to any individual who is being
subjected to a violation of this Act, or who has
reasonable grounds for believing that such individual
is about to be subjected to such a violation.
(B) Standing.--An individual with a disability
shall have standing to institute a civil action under
this subsection if the individual makes a prima facie
showing that the individual--
(i) is an individual with an LTSS
disability; and
(ii) is being subjected to, or about to be
subjected to, such a violation (including a
violation of section 4(b)(11)).
(3) Appointment of attorney; no fees, costs, or security.--
Upon application by the complainant described in paragraph (2)
and in such circumstances as the court may determine to be
just, the court may appoint an attorney for the complainant and
may authorize the commencement of such civil action without the
payment of fees, costs, or security.
(4) Futile gesture not required.--Nothing in this section
shall require an individual with an LTSS disability to engage
in a futile gesture if such person has actual notice that a
public entity or LTSS insurance provider does not intend to
comply with the provisions of this Act.
(b) Damages and Injunctive Relief.--If the court finds that a
violation of this Act has occurred or is about to occur, the court may
award to the complainant--
(1) actual and punitive damages;
(2) immediate injunctive relief to prevent
institutionalization;
(3) as the court determines to be appropriate, any
permanent or temporary injunction (including an order to
immediately provide or maintain community-based long-term
services or supports for an individual to prevent
institutionalization or further institutionalization),
temporary restraining order, or other order (including an order
enjoining the defendant from engaging in a practice that
violates this Act or ordering such affirmative action as may be
appropriate); and
(4) in an appropriate case, injunctive relief to require
the modification of a policy, practice, or procedure, or the
provision of an alternative method of providing LTSS, to the
extent required by this Act.
(c) Attorney's Fees; Liability of United States for Costs.--In any
action commenced pursuant to this Act, the court, in its discretion,
may allow the party bringing a claim or counterclaim under this Act,
other than the United States, a reasonable attorney's fee as part of
the costs, and the United States shall be liable for costs to the same
extent as a private person.
(d) Enforcement by Attorney General.--
(1) Denial of rights.--
(A) Duty to investigate.--The Attorney General
shall investigate alleged violations of this Act, and
shall undertake periodic reviews of the compliance of
public entities and LTSS insurance providers under this
Act.
(B) Potential violation.--The Attorney General may
commence a civil action in any appropriate Federal
district court if the Attorney General has reasonable
cause to believe that--
(i) any public entity or LTSS insurance
provider, including a group of public entities
or LTSS insurance providers, is engaged in a
pattern or practice of violations of this Act;
or
(ii) any individual, including a group, has
been subjected to a violation of this Act and
the violation raises an issue of general public
importance.
(2) Authority of court.--In a civil action under paragraph
(1)(B), the court--
(A) may grant any equitable relief that such court
considers to be appropriate, including, to the extent
required by this Act--
(i) granting temporary, preliminary, or
permanent relief; and
(ii) requiring the modification of a
policy, practice, or procedure, or the
provision of an alternative method of providing
LTSS;
(B) may award such other relief as the court
considers to be appropriate, including damages to
individuals described in subsection (a)(2), when
requested by the Attorney General; and
(C) may, to vindicate the public interest, assess a
civil penalty against the public entity or LTSS
insurance provider in an amount--
(i) not exceeding $100,000 for a first
violation; and
(ii) not exceeding $200,000 for any
subsequent violation.
(3) Single violation.--For purposes of paragraph (2)(C), in
determining whether a first or subsequent violation has
occurred, a determination in a single action, by judgment or
settlement, that the public entity or LTSS insurance provider
has engaged in more than one violation of this Act shall be
counted as a single violation.
SEC. 9. CONSTRUCTION.
For purposes of construing this Act--
(1) section 4(b)(11) shall be construed in a manner that
takes into account its similarities with section
302(b)(2)(A)(ii) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12182(b)(2)(A)(ii));
(2) the first sentence of section 6(b)(5)(A) shall be
construed in a manner that takes into account its similarities
with section 35.105(a) of title 28, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act);
(3) section 7 shall be construed in a manner that takes
into account its similarities with section 807(a) of the Civil
Rights Act of 1968 (42 U.S.C. 3607(a));
(4) section 8(a)(2) shall be construed in a manner that
takes into account its similarities with section 308(a)(1) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12188(a)(1)); and
(5) section 8(d)(1)(B) shall be construed in a manner that
takes into account its similarities with section 308(b)(1)(B)
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12188(b)(1)(B)).
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118S1194 | Recycling and Composting Accountability Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1194
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to improve recycling and composting
programs in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Carper (for himself, Mrs. Capito, and Mr. Boozman) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to improve recycling and composting
programs in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling and Composting
Accountability Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Circular market.--The term ``circular market'' means a
market that utilizes industrial processes and economic
activities to enable post-industrial and post-consumer
materials used in those processes and activities to maintain
their highest values for as long as possible.
(3) Compost.--The term ``compost'' means a product that--
(A) is manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(B) has been subjected to medium and high
temperature organisms, which--
(i) significantly reduce the viability of
pathogens and weed seeds; and
(ii) stabilize carbon in the product such
that the product is beneficial to plant growth;
and
(C) is typically used as a soil amendment, but may
also contribute plant nutrients.
(4) Compostable material.--The term ``compostable
material'' means material that is a feedstock for creating
compost, including--
(A) wood;
(B) agricultural crops;
(C) paper;
(D) certified compostable products associated with
organic waste;
(E) other organic plant material;
(F) marine products;
(G) organic waste, including food waste and yard
waste; and
(H) such other material that is composed of biomass
that can be continually replenished or renewed, as
determined by the Administrator.
(5) Composting facility.--The term ``composting facility''
means a location, structure, or device that transforms
compostable materials into compost.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Materials recovery facility.--
(A) In general.--The term ``materials recovery
facility'' means a dedicated facility where primarily
residential recyclable materials, which are diverted
from disposal by the generator and collected separately
from municipal solid waste, are mechanically or
manually sorted into commodities for further processing
into specification-grade commodities for sale to end
users.
(B) Exclusion.--The term ``materials recovery
facility'' does not include a solid waste management
facility that may process municipal solid waste to
remove recyclable materials.
(8) Recyclable material.--The term ``recyclable material''
means a material that is obsolete, previously used, off-
specification, surplus, or incidentally produced for processing
into a specification-grade commodity for which a circular
market currently exists or is being developed.
(9) Recycling.--The term ``recycling'' means the series of
activities--
(A) during which recyclable materials are processed
into specification-grade commodities, and consumed as
raw-material feedstock, in lieu of virgin materials, in
the manufacturing of new products;
(B) that may include sorting, collection,
processing, and brokering; and
(C) that result in subsequent consumption by a
materials manufacturer, including for the manufacturing
of new products.
(10) State.--The term ``State'' has the meaning given the
term in section 1004 of the Solid Waste Disposal Act (42 U.S.C.
6903).
(b) Definition of Processing.--In paragraphs (7), (8), and (9) of
subsection (a), the term ``processing'' means any mechanical, manual,
or other method that--
(1) transforms a recyclable material into a specification-
grade commodity; and
(2) may occur in multiple steps, with different steps,
including sorting, occurring at different locations.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) recycling and composting conserve resources, protect
the environment, and are important to the United States
economy;
(2) the United States recycling and composting
infrastructure encompass each of the entities that collect,
process, broker, and consume recyclable materials and
compostable materials sourced from commercial, industrial,
institutional, and residential sources;
(3) the residential segment of the United States recycling
and composting infrastructure is facing challenges from--
(A) confusion over what materials are recyclable
materials or compostable materials;
(B) reduced export markets;
(C) growing, but still limited, domestic end
markets; and
(D) an ever-changing and heterogeneous supply
stream;
(4) in some areas, recycling and composting infrastructure
is in need of revitalization; and
(5) in an effort to address those challenges, the United
States must use a combination of tactics to improve recycling
and composting in the United States.
SEC. 4. REPORT ON COMPOSTING INFRASTRUCTURE CAPABILITIES.
The Administrator, in consultation with States, units of local
government, and Indian Tribes, shall--
(1) prepare a report, or expand work under the National
Recycling Strategy to include data, describing the capability
of the United States to implement a national composting
strategy for compostable materials for the purposes of reducing
contamination rates for recycling, including--
(A) an evaluation of existing Federal, State, and
local laws that may present barriers to implementation
of a national composting strategy;
(B)(i) an evaluation of existing composting
programs of States, units of local government, and
Indian Tribes; and
(ii) a description of best practices based on those
programs;
(C) an evaluation of existing composting
infrastructure in States, units of local government,
and Indian Tribes for the purposes of estimating cost
and approximate land needed to expand composting
programs; and
(D) a study of the practices of manufacturers and
companies that are moving to using compostable
packaging and food service ware for the purpose of
making the composting process the end-of-life use of
those products; and
(2) not later than 2 years after the date of enactment of
this Act, submit the report prepared under paragraph (1) to
Congress.
SEC. 5. REPORT ON FEDERAL AGENCY RECYCLING PRACTICES.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter until 2033, the Comptroller General of the
United States, in consultation with the Administrator, shall make
publicly available a report describing--
(1) the total annual recycling and composting rates
reported by all Federal agencies;
(2) the total annual percentage of products containing
recyclable material, compostable material, or recovered
materials purchased by all Federal agencies, including--
(A) the total quantity of procured products
containing recyclable material or recovered materials
listed in the comprehensive procurement guidelines
published under section 6002(e) of the Solid Waste
Disposal Act (42 U.S.C. 6962(e)); and
(B) the total quantity of compostable material
purchased;
(3) recommendations for updating--
(A) the comprehensive procurement guidelines
published under section 6002(e) of the Solid Waste
Disposal Act (42 U.S.C. 6962(e)); and
(B) the environmentally preferable purchasing
program established under section 6604(b)(11) of the
Pollution Prevention Act of 1990 (42 U.S.C.
13103(b)(11)); and
(4) the activities of each Federal agency that promote
recycling or composting.
SEC. 6. IMPROVING DATA AND REPORTING.
(a) Inventory of Materials Recovery Facilities.--Not later than 1
year after the date of enactment of this Act, and biannually
thereafter, the Administrator, in consultation with States, units of
local government, and Indian Tribes, shall--
(1) prepare an inventory of public and private materials
recovery facilities in the United States, including--
(A) the number of materials recovery facilities in
each unit of local government in each State; and
(B) a description of the materials that each
materials recovery facility can process, including--
(i) in the case of plastic, a description
of--
(I) the types of accepted resin, if
applicable; and
(II) the packaging or product
format, such as a jug, a carton, or
film;
(ii) food packaging and service ware, such
as a bottle, cutlery, or a cup;
(iii) paper;
(iv) aluminum, such as an aluminum beverage
can, food can, aerosol can, or foil;
(v) steel, such as a steel food or aerosol
can;
(vi) other scrap metal;
(vii) glass; or
(viii) any other material not described in
any of clauses (i) through (vii) that a
materials recovery facility can process; and
(2) submit the inventory prepared under paragraph (1) to
Congress.
(b) Establishment of a Comprehensive Baseline of Data for the
United States Recycling System.--The Administrator, in consultation
with States, units of local government, and Indian Tribes, shall
determine, with respect to the United States--
(1) the number of community curbside recycling and
composting programs;
(2) the number of community drop-off recycling and
composting programs;
(3) the types and forms of materials accepted by each
community curbside recycling, drop-off recycling, or composting
program;
(4) the number of individuals with access to recycling and
composting services to at least the extent of access to
disposal services;
(5) the number of individuals with barriers to accessing
recycling and composting services to at least the extent of
access to disposal services;
(6) the inbound contamination and capture rates of
community curbside recycling, drop-off recycling, or composting
programs;
(7) where applicable, other available recycling or
composting programs within a community, including store drop-
offs; and
(8) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and composting
programs.
(c) Standardization of Recycling Reporting Rates.--
(1) Collection of rates.--
(A) In general.--The Administrator may use amounts
made available under section 9 to biannually collect
from each State the nationally standardized rate of
recyclable materials in that State that have been
successfully diverted from the waste stream and brought
to a materials recovery facility or composting
facility.
(B) Confidential or proprietary business
information.--Information collected under subparagraph
(A) shall not include any confidential or proprietary
business information, as determined by the
Administrator.
(2) Use.--Using amounts made available under section 9, the
Administrator may use the rates collected under paragraph (1)
to further assist States, units of local government, and Indian
Tribes--
(A) to reduce the overall waste produced by the
States and units of local government; and
(B) to increase recycling and composting rates.
(d) Report on End Markets.--
(1) In general.--The Administrator, in consultation with
States, units of local government, and Indian Tribes, shall--
(A) provide an update to the report submitted under
section 306 of the Save Our Seas 2.0 Act (Public Law
116-224; 134 Stat. 1096) to include an addendum on the
end-market sale of all recyclable materials, in
addition to recycled plastics as described in that
section, from materials recovery facilities that
process recyclable materials collected from households
and publicly available recyclable materials drop-off
centers, including--
(i) the total, in dollars per ton, domestic
sales of bales of recyclable materials; and
(ii) the total, in dollars per ton,
international sales of bales of recyclable
materials;
(B) prepare a report on the end-market sale of
compost from all compostable materials collected from
households and publicly available compost drop-off
centers, including the total, in dollars per ton, of
domestic sales of compostable materials; and
(C) not later than 2 years after the date of
enactment of this Act, submit to Congress the update to
the report prepared under subparagraph (A) and the
report prepared under subparagraph (B).
(2) Confidential or proprietary business information.--
Information collected under subparagraphs (A) and (B) of
paragraph (1) shall not include any confidential or proprietary
business information, as determined by the Administrator.
SEC. 7. STUDY ON THE DIVERSION OF RECYCLABLE MATERIALS FROM A CIRCULAR
MARKET.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop a metric for determining
the proportion of recyclable materials in commercial and municipal
waste streams that are being diverted from a circular market.
(b) Study; Report.--Not later than 1 year after the development of
a metric under subsection (a), the Administrator shall conduct a study
of, and submit to Congress a report on, the proportion of recyclable
materials in commercial and municipal waste streams that, during each
of the 10 calendar years preceding the year of submission of the
report, were diverted from a circular market.
(c) Data.--The report under subsection (b) shall provide data on
specific recyclable materials, including aluminum, plastics, paper and
paperboard, textiles, and glass, that were prevented from remaining in
a circular market through disposal or elimination, and to what use
those specific recyclable materials were lost.
(d) Evaluation.--The report under subsection (b) shall include an
evaluation of whether the establishment or improvement of recycling
programs would--
(1) improve recycling rates; or
(2) reduce the quantity of recyclable materials being
unutilized in a circular market.
SEC. 8. VOLUNTARY GUIDELINES.
The Administrator shall--
(1) in consultation with States, units of local government,
and Indian Tribes, develop, based on the results of the
studies, reports, inventory, and data determined under sections
4 through 7, and provide to States, units of local government,
and Indian Tribes, through the Model Recycling Program Toolkit
or a similar resource, best practices that the States, units of
local government, and Indian Tribes may use to enhance
recycling and composting, including--
(A) labeling techniques for containers of waste,
compostable materials, and recycling, with the goal of
creating consistent, readily available, and
understandable labeling across jurisdictions;
(B) pamphlets or other literature readily available
to constituents;
(C) primary and secondary school educational
resources on recycling;
(D) web and media-based campaigns; and
(E) guidance for the labeling of recyclable
materials and compostable materials that minimizes
contamination and diversion of those materials from
waste streams toward recycling and composting systems;
and
(2) not later than 2 years after the date of enactment of
this Act, submit to Congress a report describing the best
practices developed under paragraph (1).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator such
sums as are necessary to carry out this Act for each fiscal year.
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118S1195 | Chemical Tax Repeal Act | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
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"K000393",
"Sen. Kennedy, John [R-LA]",
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"cosponsor"
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[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
]
] | <p> <strong>Chemical Tax Repeal Act </strong></p> <p>This bill repeals the excise taxes on certain taxable chemicals and imported substances.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1195 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1195
To amend the Internal Revenue Code of 1986 to repeal the excise taxes
on taxable chemicals and taxable substances.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Cruz (for himself, Mr. Kennedy, Mr. Lee, and Mr. Barrasso)
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 excise taxes
on taxable chemicals and taxable substances.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Tax Repeal Act''.
SEC. 2. REPEAL OF EXCISE TAXES ON CERTAIN CHEMICALS AND SUBSTANCES.
(a) In General.--Chapter 38 of the Internal Revenue Code of 1986 is
amended by striking subchapters B and C (and by striking the items
relating to such subchapters in the table of subchapters for such
chapter).
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
<all>
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118S1196 | Ending Qualified Immunity Act | [
[
"M000133",
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"sponsor"
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"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
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[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1196 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1196
To amend the Revised Statutes to remove the defense of qualified
immunity in the case of any action under section 1979, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Markey (for himself, Mr. Sanders, and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Revised Statutes to remove the defense of qualified
immunity in the case of any action under section 1979, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Qualified Immunity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress passed the Act of April 20, 1871 (commonly
known as the ``Ku Klux Klan Act''; 17 Stat. 13, chapter 22) to
enforce the 14th Amendment to the Constitution of the United
States and combat rampant violations of civil and
constitutionally secured rights across the United States,
particularly those of newly freed slaves and other Black people
in the post-Civil War South.
(2) Included in that Act was a provision, now codified at
section 1979 of the Revised Statues (in this section referred
to as ``section 1983''), which provides a cause of action for
individuals to file lawsuits against persons acting under color
of law, including State and local officials, who violate their
Federal legal and constitutionally secured rights.
(3) Under section 1983 a person may be held liable for
acting under color of State law, even if they are not acting in
accordance with State law.
(4) Section 1983 has never included a defense or immunity
for government officials who act in good faith when violating
rights, nor has it ever had a defense or immunity based on
whether the right was ``clearly established'' at the time of
the violation.
(5) From 1871 through the 1960s, government actors were not
afforded qualified immunity for violating rights.
(6) The Supreme Court of the United States in Pierson v.
Ray, 386 U.S. 547 (1967), found that government actors had a
good-faith defense for making arrests under unconstitutional
statutes based on a common-law defense for the tort of false
arrest.
(7) The Supreme Court of the United States later extended
the good-faith defense beyond false arrests, turning it into a
general good-faith defense for government officials.
(8) Finally, in Harlow v. Fitzgerald, 457 U.S. 800 (1982),
the Supreme Court of the United States found the subjective
search for good faith in the government actor unnecessary, and
replaced it with an ``objective reasonableness'' standard that
requires that the right be ``clearly established'' at the time
of the violation for the defendant to be liable.
(9) The doctrine of qualified immunity has severely limited
the ability of many plaintiffs to recover damages under section
1983 when their rights have been violated by State and local
officials.
(10) As a result, the intent of Congress in passing section
1983 has been frustrated, and the rights secured by the
Constitution of the United States have not been appropriately
protected.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that Congress must correct the
erroneous interpretation of section 1979 of the Revised Statutes that
provides for qualified immunity and reiterate the standard found on the
face of the statute, which does not limit liability on the basis of the
good-faith belief of the defendant or on the basis that the right was
not ``clearly established'' at the time of the violation.
SEC. 4. REMOVAL OF QUALIFIED IMMUNITY.
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended--
(1) by inserting ``(a)'' before ``Every person''; and
(2) by adding at the end the following:
``(b) It shall not be a defense to any action pending on, or filed
after, the date of enactment of this subsection that, at the time of
the deprivation--
``(1) the defendant was acting in good faith;
``(2) the defendant believed, reasonably or otherwise, that
his or her conduct was lawful;
``(3) the rights, privileges, or immunities secured by the
Constitution and laws were not clearly established; or
``(4) the state of the law was such that the defendant
could not reasonably have been expected to know whether his or
her conduct was lawful.''.
<all>
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118S1197 | Community Broadband Act of 2023 | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
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[
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"Sen. Markey, Edward J. [D-MA]",
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],
[
"S... | <p><b>Community Broadband Act of 2023</b></p> <p>This bill prohibits states from blocking the provision of broadband by public providers, public-private partnership providers, or cooperatively organized providers. Further, public providers and state or local entities participating in a partnership must administer applicable ordinances and rules without discrimination against competing private providers.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1197 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1197
To amend the Telecommunications Act of 1996 to preserve and protect the
ability of State and local governments, public-private partnerships,
and cooperatives to provide broadband services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Booker (for himself, Mr. Blumenthal, Mr. King, Mr. Markey, Mr.
Sanders, and Mr. Wyden) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To amend the Telecommunications Act of 1996 to preserve and protect the
ability of State and local governments, public-private partnerships,
and cooperatives to provide broadband services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadband Act of 2023''.
SEC. 2. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP BROADBAND
SERVICES.
Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)
is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following:
``(d) State, Local, Public-Private Partnership, and Co-Op Advanced
Telecommunications Capability and Services.--
``(1) In general.--No statute, regulation, or other legal
requirement of a State may prohibit or have the effect of
prohibiting any public provider, public-private partnership
provider, or cooperatively organized provider from providing,
to any person or public or private entity, advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by that
provider.
``(2) Antidiscrimination safeguards.--
``(A) Public providers.--To the extent any public
provider regulates competing private providers of
advanced telecommunications capability or services that
utilize advanced telecommunications capability, the
public provider shall apply its ordinances and rules
without discrimination in favor of--
``(i) the public provider; or
``(ii) any entity owned by the public
provider that provides services that utilize
advanced telecommunications capability.
``(B) Public-private partnership providers.--To the
extent any State or local entity that is part of a
public-private partnership provider regulates competing
private providers of advanced telecommunications
capability or services that utilize advanced
telecommunications capability, the State or local
entity shall apply its ordinances and rules without
discrimination in favor of--
``(i) the public-private partnership
provider; or
``(ii) any entity owned by the State or
local entity or public-private partnership
provider that provides services that utilize
advanced telecommunications capability.
``(3) Savings clause.--Nothing in this subsection shall
exempt a public provider, public-private partnership provider,
or cooperatively organized provider from any Federal or State
telecommunications law or regulation that applies to all
providers of advanced telecommunications capability or services
that utilize such advanced telecommunications capability.'';
and
(3) in subsection (e), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``this subsection'' and inserting ``this
section'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Cooperatively organized provider.--The term
`cooperatively organized provider' means an entity that is
treated as a cooperative under Federal tax law and that
provides advanced telecommunications capability, or any service
that utilizes such advanced telecommunications capability, to
any person or public or private entity.''; and
(D) by adding at the end the following:
``(4) Public provider.--The term `public provider' means a
State or local entity that provides advanced telecommunications
capability, or any service that utilizes such advanced
telecommunications capability, to any person or public or
private entity.
``(5) Public-private partnership provider.--The term
`public-private partnership provider' means a public-private
partnership, between a State or local entity and a private
entity, that provides advanced telecommunications capability,
or any service that utilizes such advanced telecommunications
capability, to any person or public or private entity.
``(6) State or local entity.--The term `State or local
entity' means--
``(A) a State or political subdivision thereof;
``(B) any agency, authority, or instrumentality of
a State or political subdivision thereof; or
``(C) an Indian Tribe (as defined in section 4(e)
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(e))).''.
<all>
</pre></body></html>
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118S1198 | Elder Justice Reauthorization and Modernization Act of 2023 | [
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"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1198 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1198
To reauthorize funding for programs to prevent and investigate elder
abuse, neglect, and exploitation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Wyden (for himself and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reauthorize funding for programs to prevent and investigate elder
abuse, neglect, and exploitation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Justice Reauthorization and
Modernization Act of 2023''.
SEC. 2. REAUTHORIZATION OF FUNDING FOR PROGRAMS TO PREVENT AND
INVESTIGATE ELDER ABUSE, NEGLECT, AND EXPLOITATION.
(a) Nursing Home Worker Training Grants.--Section 2041 of the
Social Security Act (42 U.S.C. 1397m) is amended to read as follows:
``SEC. 2041. NURSING HOME WORKER TRAINING GRANTS.
``(a) In General.--
``(1) State entitlement.--
``(A) In general.--Each State shall be entitled to
receive from the Secretary for each fiscal year
specified in subsection (e)(1) a grant in an amount
equal to the amount allotted to the State under
subparagraph (B).
``(B) State allotments.--
``(i) In general.--Subject to clauses (ii)
and (iii), the amount allotted to a State under
this subparagraph for a fiscal year shall be--
``(I) the number of State residents
who have attained 65 years of age or
have a disability (as defined in
section 216(i)(1)), as determined by
the Secretary using the most recent
version of the American Community
Survey published by the Bureau of the
Census (or a successor data set);
divided by
``(II) the total number of such
residents of all States.
``(ii) Limitation.--The amount allotted to
a State under this subparagraph for a fiscal
year shall be not less than 0.25 percent of the
available amount for the fiscal year.
``(iii) Adjustment of state allotments.--
Subject to clause (ii), the Secretary shall
proportionately increase or decrease the
amounts allotted under this subparagraph for a
fiscal year as necessary to ensure that the
available amount for the fiscal year is
allotted among the States.
``(iv) Redeterminations.--
``(I) Frequency.--The Secretary
shall make the determination referred
to in clause (i)(I) every 5 years.
``(II) Limitation.--Subject to
clause (ii), the amount allotted to a
State under this subparagraph, on the
basis of such a determination, for a
fiscal year after fiscal year 2028
shall be--
``(aa) not less than 90
percent of the amount of the
grant made to the State under
this subparagraph for the then
preceding fiscal year; and
``(bb) not more than 110
percent of the amount referred
to in item (aa).
``(2) Grants to indian tribes and tribal organizations.--
``(A) In general.--The Secretary, in consultation
with the Secretary of the Interior, shall make grants
in accordance with this section to Indian tribes and
tribal organizations who operate at least 1 eligible
setting.
``(B) Grant formula.--The Secretary, in
consultation with the Secretary of the Interior, shall
devise a formula for distributing among Indian tribes
and tribal organizations the amount required to be
reserved by subsection (e)(1) for each fiscal year.
``(3) Sub-grants.--A State, Indian tribe, or tribal
organization to which an amount is paid under this section may
use the amount to make sub-grants to local organizations,
including community organizations, local non-profits, elder
rights and justice groups, and workforce development boards for
any purpose described in paragraph (1) or (2) of subsection
(b).
``(b) Use of Funds.--
``(1) Required uses.--A State to which an amount is paid
under this section shall use the amount to--
``(A) provide wage subsidies to eligible
individuals;
``(B) provide tuition assistance to, and directly
pay the cost of applicable licensing exam fees for,
eligible individuals for a degree or certification in a
field relevant to their position referred to in
subsection (f)(1)(A);
``(C) provide, subsidize, or facilitate access to
child care for eligible individuals, including help
with referrals, co-pays, or other direct assistance as
needed; and
``(D) provide assistance where necessary with
obtaining appropriate transportation, including public
transportation if available, or gas money or transit
vouchers for ride share, taxis, and similar types of
transportation if public transportation is unavailable
or impractical based on work hours or location.
``(2) Authorized uses.--A State to which an amount is paid
under this section may use the amount to--
``(A) establish a reserve fund for financial
assistance to eligible individuals in emergency
situations;
``(B) provide in-kind resource donations, such as
interview clothing and conference attendance fees;
``(C) provide assistance with programs and
activities, including legal assistance, deemed
necessary to address arrest or conviction records that
are an employment barrier;
``(D) support employers operating an eligible
setting in the State in providing employees with not
less than 2 weeks of paid leave per year; or
``(E) provide other support services the Secretary
deems necessary to allow for successful recruitment and
retention of workers.
``(3) Provision of funds only for the benefit of eligible
individuals in eligible settings.--A State to which an amount
is paid under this section may provide the amount to only an
eligible individual or a partner organization serving an
eligible individual.
``(4) Nonsupplantation.--A State to which an amount is paid
under this section shall not use the amount to supplant the
expenditure of any State funds for recruiting, supporting, or
retaining employees in an eligible setting.
``(5) Obligation deadline.--A State, Indian tribe, or
tribal organization shall remit to the Secretary for
reallotment under this section any amount paid under this
section for a fiscal year that is not obligated within 2 years
after the end of the fiscal year.
``(c) Administration.--A State to which a grant is made under this
section shall reserve not more than 10 percent of the grant to--
``(1) administer subgrants in accordance with this section;
``(2) provide technical assistance and support for applying
for and accessing such a subgrant opportunity;
``(3) publicize the availability of the subgrants;
``(4) carry out activities to increase the supply of
eligible individuals; and
``(5) provide technical assistance to help subgrantees find
and train individuals to provide the services for which such
individuals are contracted.
``(d) Reports.--
``(1) State reports.--Not less frequently than annually,
each State to which a grant has been made under this section
shall transmit to the Secretary a written report describing the
activities undertaken by the State pursuant to this section
during the period covered by the report, which shall include a
specification of--
``(A) the total amount expended in the State for
each type of use described in paragraph (1) or (2) of
subsection (b);
``(B) the total number of non-State organizations
in the State to which grant funds were provided, and
the amount so provided to each such organization;
``(C) the change in the number of individuals
working in each job category described in subsection
(f)(1)(A) in an eligible setting in the State due to
programs or services funded with grants under this
section;
``(D) the average duration of employment for each
such job category for individuals receiving, or who
previously received, services or supports from a grant
under this section;
``(E) wages of workers in each job category
described in subsection (f)(1)(A) in an eligible
setting in the State with support from grants under
this section, as compared to all other workers in the
same eligible setting in the State;
``(F) the average amount of paid time off to which
a worker in each job category described in subsection
(f)(1)(A) in an eligible setting in the State is
entitled by their contract among workers with support
from a grant under this section, as compared to all
workers in eligible settings in the State; and
``(G) such other data elements as the Secretary
deems relevant.
``(2) Report to congress.--Not later than 3 years after the
date of the enactment of this section, and every 4 years
thereafter, the Secretary shall submit to Congress a written
report outlining how the States have used the grants made under
this section during the period covered by the report, which
shall include--
``(A) the total amount expended in each State for
each type of use described in paragraph (1) or (2) of
subsection (b);
``(B) the total number of non-State organizations
in each State to which grant funds were provided, and
the amount so provided to each such organization;
``(C) an analysis of the data provided in the State
reports; and
``(D) such other data elements as the Secretary
deems relevant.
``(e) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Secretary
$400,000,000 for each of fiscal years 2024 through 2027 to carry out
this section, of which 2 percent shall be reserved for grants to Indian
tribes and tribal organizations.
``(f) Definitions.--In this section:
``(1) Available amount.--The term `available amount' means,
with respect to a fiscal year, the amount specified in
subsection (e) that remains after the reservation required by
such subsection for the fiscal year, plus all amounts remitted
to the Secretary under subsection (b)(5) that have not been
reallotted under subsection (a)(1)(B)(iii).
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A)(i) is a qualified home health aide, as
defined in section 484.80(a) of title 42, Code of
Federal Regulations;
``(ii) is a nurse aide approved by the State as
meeting the requirements of sections 483.150 through
483.154 of such title, and is listed in good standing
on the State nurse aide registry;
``(iii) is a personal care aide approved by the
State, and furnishes personal care services, as defined
in section 440.167 of such title;
``(iv) is a qualified hospice aide, as defined in
section 418.76 of such title;
``(v) is a licensed practical nurse or a licensed
or certified social worker; or
``(vi) is receiving training to be certified or
licensed as such an aide, nurse, or social worker; and
``(B) provides (or, in the case of a trainee,
intends to provide) services as such an aide, nurse, or
social worker in an eligible setting.
``(3) Eligible setting.--The term `eligible setting'
means--
``(A) a skilled nursing facility, as defined in
section 1819;
``(B) a nursing facility, as defined in section
1919;
``(C) a home health agency, as defined in section
1891;
``(D) a facility approved to deliver home or
community-based services authorized under State options
described in subsection (c) or (i) of section 1915 or,
as relevant, demonstration projects authorized under
section 1115;
``(E) a hospice, as defined in section 1814; or
``(F) a tribal assisted living facility.
``(4) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act.''.
(b) Adult Protective Services Functions and Grant Programs.--
(1) Direct funding; state entitlement.--Section 2042 of the
Social Security Act (42 U.S.C. 1397m-1) is amended--
(A) in subsection (a), by striking paragraph (2)
and inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$8,000,000 for each of fiscal years 2024 through 2027 to carry
out this section.'';
(B) in subsection (b)--
(i) in paragraph (2)(A), by striking ``the
availability of appropriations and''; and
(ii) by striking paragraph (5) and
inserting the following:
``(5) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$400,000,000 for each of fiscal years 2024 through 2027 to
carry out this section.''; and
(C) in subsection (c), by striking paragraph (6)
and inserting the following:
``(6) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$75,000,000 for each of fiscal years 2024 through 2027 to carry
out this section.''.
(2) State entitlement; grants to indian tribes and tribal
organizations.--Section 2042 of such Act (42 U.S.C. 1397m-1),
as amended by paragraph (1), is amended--
(A) in subsection (a)(1)(A), by striking ``State
and local'' and inserting ``State, local, and tribal'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``the
Secretary shall annually award grants to States
in the amounts calculated under paragraph (2)''
and inserting ``each State shall be entitled to
annually receive from the Secretary in the
amounts calculated under paragraph (2), and the
Secretary may annually award to each Indian
tribe and tribal organization in accordance
with paragraph (3), grants'';
(ii) in paragraph (2)--
(I) in the paragraph heading, by
inserting ``for a state'' after
``payment'';
(II) in subparagraph (A), by
inserting ``that remains after the
reservation under paragraph (3)(B)''
before ``multiplied''; and
(III) in subparagraph (B)(i)--
(aa) by inserting ``that so
remains'' after ``such year'';
and
(bb) by striking ``amount
so appropriated'' and inserting
``remaining amount''; and
(iii) by redesignating paragraphs (3)
through (5) as paragraphs (4) through (6),
respectively, and inserting after paragraph (2)
the following:
``(3) Amount of payment to indian tribe or tribal
organization.--
``(A) In general.--The Secretary, in consultation
with Indian tribes and tribal organizations, shall
determine the amount of any grant to be made to each
Indian tribe and tribal organization from the amount
reserved under subparagraph (B). Paragraphs (4) and (5)
shall apply to grantees under this paragraph in the
same manner in which such paragraphs apply to States.
``(B) Reservation of funds.--The Secretary shall
reserve 2 percent of the amount made available by
subsection (b)(6) for each fiscal year for grants under
this paragraph.'';
(C) in subsection (c)--
(i) in paragraph (1), by striking ``to
States'' and inserting ``to States, Indian
tribes, and tribal organizations'';
(ii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by inserting ``and
Indian tribes and tribal
organizations'' after ``government'';
and
(II) in subparagraph (D), by
inserting ``or Indian tribe or tribal
organization, as the case may be''
after ``government'';
(iii) in paragraph (4), by inserting ``or
Indian tribe or tribal organization'' after ``a
State'' the first place it appears; and
(iv) in paragraph (5)--
(I) by inserting ``or Indian tribe
or tribal organization'' after ``Each
State''; and
(II) by inserting ``or Indian tribe
or tribal organization, as the case may
be'' after ``the State''; and
(D) by adding at the end the following:
``(d) Definition of Tribal Organization.--In this section, the term
`tribal organization' has the meaning given the term in section 4 of
the Indian Self-Determination and Education Assistance Act.''.
(c) Long-Term Care Ombudsman Program Grants and Training.--Section
2043 of the Social Security Act (42 U.S.C. 1397m-2) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
to carry out this subsection--
``(A) $22,500,000 for fiscal year 2024; and
``(B) $30,000,000 for each of fiscal years 2025 and
2026.''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$30,000,000 for each of fiscal years 2024 through 2027 to carry
out this subsection.''.
(d) Incentives for Developing and Sustaining Structural Competency
in Providing Health and Human Services.--
(1) In general.--Part II of subtitle B of title XX of the
Social Security Act (42 U.S.C. 397m-5) is amended by adding at
the end the following:
``SEC. 2047. INCENTIVES FOR DEVELOPING AND SUSTAINING STRUCTURAL
COMPETENCY IN PROVIDING HEALTH AND HUMAN SERVICES.
``(a) Grants to States To Support Linkages to Legal Services and
Medical Legal Partnerships.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this section, the Secretary shall establish
and administer a program of grants to States to support the
development or adoption of approaches to maintain or improve
linkages between health services, human services, and legal
services for older adults and adults with disabilities,
including through the following:
``(A) Medical-legal partnerships.--The
establishment and support of medical-legal
partnerships, the incorporation of the partnerships in
the elder justice framework and health and human
services safety net, and the implementation and
operation of such a partnership by an eligible
grantee--
``(i) at the option of a State, in
conjunction with an area agency on aging;
``(ii) in a solo provider practice in a
health professional shortage area (as defined
in section 332(a) of the Public Health Service
Act), a medically underserved community (as
defined in section 399B of such Act), or a
rural area (as defined in section 330J(e) of
such Act);
``(iii) in a minority-serving institution
(defined for purposes of this section as an
eligible institution described in section
371(a) of the Higher Education Act of 1965)
with health, law, and social services
professional programs;
``(iv) in an entity receiving funding
section 330 of the Public Health Service Act or
a look-alike, as described in section
1905(l)(2)(B); or
``(v) in certain hospitals that are
critical access hospitals (as defined in
section 1861(mm)(1)), medicare-dependent, small
rural hospitals (as defined in subsection
(d)(5)(G)(iv)), sole community hospitals (as
defined in section 1886(d)(5)(D)(iii)), rural
emergency hospitals (as defined in section
1861(kkk)), or hospitals that receive
disproportionate share hospital payments under
section 1886(d)(5)(F) or section 1923.
``(B) Legal hotlines development or expansion.--The
provision of incentives to develop, enhance, and
integrate platforms, such as legal assistance hotlines,
that help to facilitate the identification of older
adults and adults with disabilities who could benefit
from linkages to available legal services such as those
described in subparagraph (A).
``(2) State reports.--Each State to which a grant is made
under this subsection shall submit to the Secretary biannual
reports on the activities carried out by the State pursuant to
this subsection, which shall include assessments of the
effectiveness of the activities with respect to--
``(A) the number of unique individuals identified
through the mechanism outlined in paragraph (1)(B) who
are referred to services described in paragraph (1)(A),
and the average time period associated with resolving
issues;
``(B) the success rate for referrals to community-
based resources; and
``(C) other factors determined relevant by the
Secretary.
``(3) Report to congress.--Not less than once every 2
years, the Secretary shall submit to Congress a report that
analyzes the data provided by the State reports and the extent
to which grantees are establishing linkages to medical-legal
partnerships and other legal services for older adults and
adults with disabilities.
``(4) Report to congress.--Not less that once every 4
years, the Secretary shall submit to Congress a written report
on the activities conducted under this subsection.
``(5) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$125,000,000 for each of fiscal years 2024 through 2027 to
carry out this subsection.
``(6) Supplement not supplant.--Support provided to area
agencies on aging, State units on aging, eligible entities, or
other community-based organizations pursuant to this subsection
shall be used to supplement and not supplant any other Federal,
State, or local funds expended to provide the same or
comparable services described in this subsection.
``(b) Grants and Training To Support Area Agencies on Aging or
Other Community-Based Organizations To Address Social Isolation Among
Older Adults and Adults With Disabilities.--
``(1) Grants.--The Secretary shall make grants to eligible
area agencies on aging or other community-based organizations
for the purpose of--
``(A) conducting outreach to individuals at risk
for, or already experiencing, social isolation or
loneliness, through established screening tools or
other methods identified by the Secretary;
``(B) developing community-based interventions for
the purposes of mitigating loneliness or social
isolation (including evidence-based programs, as
defined by the Secretary, developed with multi-
stakeholder input for the purposes of promoting social
connection, mitigating social isolation or loneliness,
or preventing social isolation or loneliness) among at-
risk individuals;
``(C) connecting at-risk individuals with community
social and clinical supports; and
``(D) evaluating the effect of programs developed
and implemented under subparagraphs (B) and (C).
``(2) Training.--
``(A) In general.--The Secretary shall establish
programs to provide and improve training for area
agencies on aging or community-based organizations with
respect to addressing and preventing social isolation
and loneliness among older adults and adults with
disabilities.
``(B) Prioritization authority.--For purposes of
connecting at-risk individuals with existing community
social and clinical supports, the Secretary may, in
carrying out subparagraph (A), prioritize models that
incorporate training and service delivery in
coordination with medical-legal partnerships.
``(3) Evaluation.--Not later than 3 years after the date of
the enactment of this section and every 3 years thereafter, the
Secretary shall submit to Congress a written report that
assesses the extent to which the programs established under
this subsection address social isolation and loneliness among
older adults and adults with disabilities.
``(4) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$62,500,000 for each of fiscal years 2024 through 2027 to carry
out this subsection.
``(5) Coordination.--The Secretary shall coordinate with
resource centers, grant programs, or other funding mechanisms
established under section 411(a)(18) of the Older Americans Act
(42 U.S.C. 3032(a)(18)), section 417(a)(1) of such Act (42
U.S.C. 3032F(a)(1)), or other programs as determined by the
Secretary.
``(c) Definitions.--In this section:
``(1) Area agency on aging.--The term `area agency on
aging' means an area agency on aging designated under section
305 of the Older Americans Act of 1965 (42 U.S.C. 3025).
``(2) Community-based organization.--The term `community-
based organization' includes, except as otherwise provided by
the Secretary, a nonprofit community-based organization, a
consortium of nonprofit community-based organizations, a
national nonprofit organization acting as an intermediary for a
community-based organization, or a community-based organization
that has a fiscal sponsor that allows the organization to
function as an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code.
``(3) Loneliness.--The term `loneliness' means subjectively
feeling alone, or the discrepancy between one's desired level
of social connection and one's actual level of social
connection.
``(4) Social connection.--The term `social connection'
means the variety of ways one can connect with others socially,
through physical, behavioral, social-cognitive, and emotional
channels.
``(5) Social isolation.--The term `social isolation' means
objectively being alone, or having few relationships or
infrequent social contact.''.
(2) Clarification that medical-legal partnerships are
authorized adult protective services activities.--Section 2011
of such Act (42 U.S.C. 1397j) is amended--
(A) in paragraph (2)(D), by inserting ``, including
through a medical-legal partnership'' before the
period; and
(B) by redesignating paragraphs (16) through (22)
as paragraphs (17) through (23), respectively, and
inserting after paragraph (15) the following:
``(16) Medical-legal partnership.--The term `medical-legal
partnership' means an arrangement in a health care or human
services setting that integrates lawyers and social workers to
address the needs of an individual patient related to social
determinants of health, and to help clinicians, case managers,
and social workers address structural problems at the root of
many health inequities, including a multidisciplinary team
integrated into such a setting to address such needs and to
establish and maintain structural competence among clinicians,
case managers, and social workers to best address structural
problems at the root of many health inequities.''.
(e) Technical Amendment.--Section 2011(12)(A) of the Social
Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking ``450b''
and inserting ``5304''.
SEC. 3. ASSESSMENT REPORTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and not less frequently than once every 2 years
thereafter, the Secretary of Health and Human Services shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance and the Special Committee
on Aging of the Senate on the programs, coordinating bodies,
registries, and activities established or authorized under subtitle B
of title XX of the Social Security Act (42 U.S.C. 1397l et seq.), as
amended by sections 2 and 3, section 1150B of such Act (42 U.S.C.
1320b-25, or paragraphs (1) and (2) of section 6703(b) of the Patient
Protection and Affordable Care Act (42 U.S.C. 1395i-3a(b)). Each such
report shall assess the extent to which such programs, coordinating
bodies, registries, and activities have improved access to, and the
quality of, resources available to older adults, adults with
disabilities, and their caregivers to ultimately prevent, detect, and
treat abuse, neglect, and exploitation, and shall include, as
appropriate, recommendations to Congress on funding levels and policy
changes to help these programs, coordinating bodies, registries, and
activities better prevent, detect, and treat abuse, neglect, and
exploitation of older adults and adults with disabilities.
(b) Appropriation.--Out of any money in the Treasury not otherwise
appropriated, there are appropriated to the Secretary of Health and
Human Services $5,000,000 for each of fiscal years 2024 through 2027 to
carry out this section.
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118S1199 | STOP CSAM Act of 2023 | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
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"cosponsor"
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[
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[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1199 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1199
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To combat the sexual exploitation of children by supporting victims and
promoting accountability and transparency by the tech industry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Transparency and
Obligations to Protect Children Suffering from Abuse and Mistreatment
Act of 2023'' or the ``STOP CSAM Act of 2023''.
SEC. 2. MANDATORY REPORTING OF CHILD ABUSE.
(a) In General.--Section 226 of the Victims of Child Abuse Act of
1990 (34 U.S.C. 20341) is amended--
(1) in subsection (a)(2)--
(A) by striking ``A covered individual'' and
inserting the following:
``(A) In general.--A covered individual''; and
(B) by adding at the end the following:
``(B) Geographic applicability.--Subparagraph (A)
shall apply with respect to an incident of child abuse
that--
``(i) occurred within the United States; or
``(ii)(I) occurred outside the United
States; and
``(II) was committed by a United States
citizen or an alien lawfully admitted for
permanent residence.'';
(2) in subsection (b)(8), by inserting ``and computer
repair technicians'' after ``photo processors'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``physical or
mental injury'' and inserting ``physical injury,
psychological abuse'';
(B) by striking paragraph (3) and inserting the
following:
``(3) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or
coercive tactics intended to degrade, humiliate,
intimidate, or terrorize, a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other
necessities in order to control behavior;
``(iii) physical restraint; or
``(iv) confinement of the child without the
child's consent and in degrading conditions;'';
(C) in paragraph (5)(D)--
(i) by striking ``genitals'' and inserting
``anus, genitals,''; and
(ii) by striking ``or animal'';
(D) in paragraph (6), by striking ``child
prostitution'' and inserting ``child sex trafficking'';
(E) in paragraph (8), by striking ``the term `child
abuse''' and inserting ``the terms `physical injury'
and `psychological abuse''';
(F) in paragraph (9)--
(i) in subparagraph (A)--
(I) by striking ``minor'' and
inserting ``child''; and
(II) by striking ``or'' at the end;
(ii) in subparagraph (B), by adding ``or''
at the end; and
(iii) by adding at the end the following:
``(C) is authorized to interact with a child by a
covered program that is providing any care, treatment,
education, training, instruction, religious guidance,
supervision, or recreational opportunities to that
child;'';
(G) in paragraph (11), by striking ``and'' at the
end;
(H) in paragraph (12), by striking the period and
inserting a semicolon; and
(I) by adding at the end the following:
``(13) the term `child' means a person who is under the age
of 18;
``(14) the term `computer' has the meaning given the term
in section 1030 of title 18, United States Code;
``(15) the term `covered program' means any program that
receives, in any 1-year period, benefits in excess of $10,000
under a Federal program involving a grant (not including a
formula grant to a State, territory, or Tribe), contract,
subsidy, loan, guarantee, insurance, or other form of Federal
assistance to provide any care, treatment, education, training,
instruction, religious guidance, supervision, or recreational
opportunities to a child; and
``(16) the term `privileged communication' means any
communication between 2 parties that, under any applicable law
where the communication takes place--
``(A) is recognized as privileged;
``(B) is not subject to any exception; and
``(C) is not subject to a reporting requirement
regardless of any applicable privilege.'';
(4) in subsection (d)--
(A) in the first sentence, by striking ``an
agency'' and inserting ``one or more agencies''; and
(B) by striking ``and law enforcement personnel''
and inserting ``, law enforcement personnel, and
children's advocacy center personnel in a
multidisciplinary team setting'';
(5) in subsection (i)--
(A) in the heading, by striking ``Rule'' and
inserting ``Rules'';
(B) by striking ``Nothing'' and inserting the
following:
``(1) Applicability to victims.--Nothing''; and
(C) by adding at the end the following:
``(2) Applicability to attorneys.--Nothing in this section
shall be construed to require a licensed attorney to take any
action that would violate any applicable rule of professional
conduct.
``(3) Privileged communications.--Nothing in this section
shall be construed to require a covered individual described in
subsection (c)(9)(C) who engages in privileged communication
through the covered individual's work for the covered program,
whether or not for compensation, to report any information
exclusively received in the context of a privileged
communication.''; and
(6) by adding at the end the following:
``(j) Outreach to Covered Programs.--
``(1) In general.--Each Federal agency that has provided
Federal assistance to a program that may cause the program to
qualify as a covered program shall make reasonable efforts to
promote awareness of the reporting requirements under
subsection (a) among such programs.
``(2) Rule of construction.--Paragraph (1) shall not be
construed to require individual notice to each program to which
a Federal agency has provided Federal assistance as described
in that paragraph.''.
(b) Conforming Amendment to Title 18, United States Code.--Section
2258 of title 18, United States Code, is amended to read as follows:
``Sec. 2258. Failure to report child abuse
``(a) Definitions.--In this section, the terms `child abuse' and
`covered individual' have the meanings given those terms in section 226
of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341).
``(b) Offenses.--
``(1) Covered professionals.--It shall be unlawful for a
person who, while engaged in a professional capacity or
activity described in subsection (b) of section 226 of the
Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) on Federal
land or in a federally operated (or contracted) facility,
learns of facts that give reason to suspect that a child has
suffered an incident of child abuse, to knowingly fail to make
a timely report as required by subsection (a)(1) of that
section.
``(2) Covered individuals.--It shall be unlawful for a
covered individual who learns of facts that give reason to
suspect that a child has suffered an incident of child abuse
described in subsection (c) to knowingly fail to make a timely
report as required by subsection (a)(2) of section 226 of the
Victims of Child Abuse Act of 1990 (34 U.S.C. 20341).
``(c) Incidents of Child Abuse That Covered Individuals Must
Report.--An incident of child abuse referred to in subsection (b)(2) is
an incident of child abuse that--
``(1) occurred within the United States; or
``(2)(A) occurred outside the United States; and
``(B) was committed by a United States citizen or an alien
lawfully admitted for permanent residence.
``(d) Penalty.--A person or individual who violates subsection (b)
shall be fined under this title or imprisoned not more than 1 year or
both.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall take effect on
the date that is 120 days after the date of enactment of this
Act.
(2) Outreach.--The amendment made by subsection (a)(5)
shall take effect on the date of enactment of this Act.
(d) ICAC Task Force Supplemental Grant Program.--
(1) Definitions.--In this subsection:
(A) Child.--The term ``child'' means an individual
who has not attained 18 years of age.
(B) Child abuse.--The term ``child abuse''--
(i) has the meaning given the term under
any applicable State law requiring reporting of
child abuse or neglect by individuals; or
(ii) in the case of a State in which a law
described in clause (i) that defines ``child
abuse'' is not in effect, has the meaning given
the term in section 226(c) of the Victims of
Child Abuse Act of 1990 (34 U.S.C. 20341(c)).
(C) Covered entity.--The term ``covered entity''
means any institution, program, or organization that
provides any care, treatment, education, training,
instruction, religious guidance, supervision, or
recreational opportunities to a child.
(D) ICAC grant program.--The term ``ICAC Grant
Program'' means the grant program under section 106 of
the PROTECT Our Children Act of 2008 (34 U.S.C. 21116).
(E) ICAC task force.--The term ``ICAC Task Force''
means a task force that is part of 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).
(F) Eligible icac task force.--The term ``Eligible
ICAC Task Force'' means an ICAC Task Force that--
(i) was established on or before the date
of enactment of this Act; and
(ii) is located in a State that, as of the
last day of the preceding fiscal year, had in
effect a law that, at a minimum--
(I) with respect to a mandatory
reporter who learns of facts that give
reason to suspect that a child has
suffered an incident of child abuse,
requires the mandatory reporter to
report the suspected child abuse to a
law enforcement agency, a child
protective services agency, or both;
(II) requires the report described
in subclause (I) to be made as soon as
possible, and in any event not later
than 48 hours after the mandatory
reporter learns of the facts that give
reason to suspect that a child has
suffered an incident of child abuse;
(III) prohibits a covered entity
from--
(aa) taking any action to
prevent or discourage reporting
of child abuse; or
(bb) retaliating against a
mandatory reporter for making a
report described in subclause
(I); and
(IV) provides a criminal, civil, or
administrative penalty for the knowing
failure by a mandatory reporter to
submit a report in accordance with the
requirement described in subclause (I).
(G) Mandatory reporter.--The term ``mandatory
reporter'' means an individual who--
(i) has attained the age of 18 years; and
(ii) is authorized to interact with a child
by a covered entity that is providing any care,
treatment, education, training, instruction,
religious guidance, supervision, or
recreational opportunities to that child.
(H) Privileged communication.--The term
``privileged communication'' means any communication
between 2 parties that, under any applicable law where
the communication takes place--
(i) is recognized as privileged;
(ii) is not subject to any exception; and
(iii) is not subject to a reporting
requirement regardless of any applicable
privilege.
(2) Waiver of match for eligible icac task forces.--The
Attorney General shall waive the matching requirement for an
Eligible ICAC Task Force under section 106(a)(3)(B) of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21116(a)(3)(B)) for
not more than 4 fiscal years in accordance with this
subsection.
(3) Establishment of icac task force supplemental grant
program.--
(A) Supplemental grant program established.--There
is established an ICAC Task Force Supplemental Grant
Program within the Department of Justice, under which
the Attorney General shall award grants (referred to in
this subsection as ``supplemental grants'') to an
Eligible ICAC Task Force in addition to any grants
distributed to the Eligible ICAC Task Force under the
ICAC Grant Program.
(B) Grant amount.--The amount of a supplemental
grant awarded to an Eligible ICAC Task Force shall be
not less than 10 percent of the average amount of the 3
most recent awards to the Eligible ICAC Task Force
under the ICAC Grant Program.
(C) Remaining funds.--Any amounts appropriated to
carry out this subsection that are not used for
supplemental grants shall be distributed to any
Eligible ICAC Task Force in accordance with section
106(a)(3)(A) of the PROTECT Our Children Act of 2008
(34 U.S.C. 21116(a)(3)(A)).
(D) Number of supplemental grants.--The Attorney
General may provide a supplemental grant to an Eligible
ICAC Task Force for not more than 4 fiscal years.
(4) Application.--An Eligible ICAC Task Force seeking the
waiver described in paragraph (2) or a supplemental grant shall
submit an application to the Attorney General at such time, in
such manner, and containing such information as the Attorney
General may reasonably require, including information about the
law described in paragraph (1)(F)(ii).
(5) Rule of construction.--Nothing in paragraph (1)(F)(ii)
shall be construed to require a State to have in effect a law
that requires an individual who engages in privileged
communication through the individual's work for a covered
entity, whether or not for compensation, to report any
information exclusively received in the context of a privileged
communication.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2029.
SEC. 3. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.
(a) In General.--Section 3509 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``or
exploitation'' and inserting ``exploitation, or
kidnapping, including international parental
kidnapping'';
(B) in paragraph (3), by striking ``physical or
mental injury'' and inserting ``physical injury,
psychological abuse'';
(C) by striking paragraph (5) and inserting the
following:
``(5) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or
coercive tactics intended to degrade, humiliate,
intimidate, or terrorize a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other
necessities in order to control behavior;
``(iii) physical restraint; or
``(iv) the confinement of the child without
the child's consent and in degrading
conditions;'';
(D) in paragraph (6), by striking ``child
prostitution'' and inserting ``child sex trafficking'';
(E) by striking paragraph (7) and inserting the
following:
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to a
victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service
agencies that represent the child;
``(B) law enforcement agencies and prosecutorial
offices; and
``(C) children's advocacy centers;'';
(F) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting
``anus, genitals,''; and
(ii) by striking ``or animal'';
(G) in paragraph (11), by striking ``and'' at the
end;
(H) in paragraph (12)--
(i) by striking ``the term `child abuse'
does not'' and inserting ``the terms `physical
injury' and `psychological abuse' do not''; and
(ii) by striking the period and inserting a
semicolon; and
(I) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical
abuse, sexual abuse, exploitation, or
kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed
against another person; and
``(B) was under the age of 18 when the crime
described in subparagraph (A) was committed; and
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the
covered person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying
information for an online, social media, or
email account; and
``(v) any information that can be used to
distinguish or trace the identity of the
covered person, either alone or when combined
with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of
the covered person; and
``(D) any other information concerning the covered
person that is deemed `protected information' by order
of the court under subsection (d)(5).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking
``Videotaped'' and inserting ``Recorded'';
(ii) in subparagraph (A), by striking
``that the deposition be recorded and preserved
on videotape'' and inserting ``that a video
recording of the deposition be made and
preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``that the child's deposition be taken
and preserved by videotape'' and
inserting ``that a video recording of
the child's deposition be made and
preserved'';
(II) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking ``videotape'' and
inserting ``recorded''; and
(bb) in subclause (IV), by
striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by
striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence,
by striking ``made and
preserved on video tape'' and
inserting ``recorded and
preserved''; and
(cc) in the second
sentence, by striking
``videotape'' and inserting
``video recording'';
(iv) in subparagraph (C), by striking
``child's videotaped'' and inserting ``video
recording of the child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and
inserting ``deposition''; and
(II) by striking ``videotaped'' and
inserting ``recorded'';
(vi) in subparagraph (E), by striking
``videotaped'' and inserting ``recorded''; and
(vii) in subparagraph (F), by striking
``videotape'' each place the term appears and
inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name
of or any other information concerning a
child'' and inserting ``a covered person's
protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents
described in clause (i) or the
information in them that concerns a
child'' and inserting ``a covered
person's protected information''; and
(II) by striking ``, have reason to
know such information'' and inserting
``(including witnesses or potential
witnesses), have reason to know each
item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other
information concerning a child'' each place the
term appears and inserting ``a covered person's
protected information'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(iii) by striking ``All papers'' and
inserting the following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may
address a violation of subparagraph (A) in the same
manner as disobedience or resistance to a lawful court
order under section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from
public disclosure of the name of or any
other information concerning the
child'' and inserting ``a covered
person's protected information from
public disclosure''; and
(II) by striking ``, if the court
determines that there is a significant
possibility that such disclosure would
be detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child
witness, and the testimony of
any other witness'' and
inserting ``any witness''; and
(bb) by striking ``the name
of or any other information
concerning a child'' and
inserting ``the covered
person's protected
information''; and
(II) in clause (ii), by striking
``child'' and inserting ``covered
person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and
inserting the following:
``(A) Disclosure to certain parties.--This
subsection'';
(ii) in subparagraph (A), as so
designated--
(I) by striking ``the name of or
other information concerning a child''
and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult
attendant, or to'' and inserting ``an
adult attendant, a law enforcement
agency for any intelligence or
investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party
requests public disclosure of a covered person's
protected information to further a public interest, the
court shall deny the request unless the court finds
that--
``(i) the party seeking disclosure has
established that there is a compelling public
interest in publicly disclosing the covered
person's protected information;
``(ii) there is a substantial probability
that the public interest would be harmed if the
covered person's protected information is not
disclosed;
``(iii) the substantial probability of harm
to the public interest outweighs the harm to
the covered person from public disclosure of
the covered person's protected information; and
``(iv) there is no alternative to public
disclosure of the covered person's protected
information that would adequately protect the
public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court finds
that the information is sufficiently personal, sensitive, or
identifying that it should be subject to the protections and
presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of Criminal
Procedure, the probation officer shall request information from
the multidisciplinary child abuse team, if applicable, or other
appropriate sources to determine the impact of the offense on a
child victim and any other children who may have been affected
by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report
information that accurately expresses the views of a
child victim, and the views of family members as
appropriate, concerning the impact of the offense; and
``(B) use forms that permit a child victim to
express the child's views concerning the personal
consequences of the offense, at a level and in a form
of communication commensurate with the child's age and
ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or
attending a judicial proceeding'' and inserting the
following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking
``proceeding'' and inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording
of the adult attendant shall be made and shall become
part of the court record; or
``(B) in a manner described in subsection (b), the
adult attendant shall be visible on the closed-circuit
television or in the recorded deposition.
``(3) Covered persons attending proceeding.--A covered
person shall have the right to be accompanied by an adult
attendant when attending any judicial proceeding.'';
(7) in subsection (j)--
(A) by striking ``child'' each place the term
appears and inserting ``covered person''; and
(B) in the fourth sentence--
(i) by striking ``and the potential'' and
inserting ``the potential'';
(ii) by striking ``child's'' and inserting
``covered person's''; and
(iii) by inserting before the period at the
end the following: ``, and the necessity of the
continuance to protect the defendant's
rights'';
(8) in subsection (k), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''.
(b) Effective Date.--The amendments made by this section shall
apply to conduct that occurred before, on, or after the date of
enactment of this Act.
SEC. 4. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL AMENDMENTS TO
RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``chapter, including, in'' and
inserting the following: ``chapter.
``(2) In''; and
(C) in paragraph (2), as so designated, by
inserting ``may assume the rights of the crime victim
under this section'' after ``suitable by the court'';
(2) in section 2248(c)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'';
(B) by striking ``chapter, including, in'' and
inserting the following: ``chapter.
``(2) Assumption of crime victim's rights.--In''; and
(C) in paragraph (2), as so designated, by
inserting ``may assume the rights of the crime victim
under this section'' after ``suitable by the court'';
(3) in section 2259--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``Directions.--Except as provided in paragraph
(2), the'' and inserting ``Restitution for
child pornography production.--If the defendant
was convicted of child pornography production,
the''; and
(ii) in paragraph (2)(B), by striking
``$3,000.'' and inserting the following: ``--
``(i) $3,000; or
``(ii) 10 percent of the full amount of the
victim's losses, if the full amount of the
victim's losses is less than $3,000.''; and
(B) in subsection (c)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography
production' means--
``(A) a violation of subsection (a), (b), or (c) of
section 2251, or an attempt or conspiracy to violate
any of those subsections under subsection (e) of that
section;
``(B) a violation of section 2251A;
``(C) a violation of section 2252(a)(4) or
2252A(a)(5), or an attempt or conspiracy to violate
either of those sections under section 2252(b)(2) or
2252A(b)(2), to the extent such conduct involves child
pornography--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or
conspired to produce;
``(D) a violation of section 2252A(g) if the series
of felony violations involves not fewer than 1
violation--
``(i) described in subparagraph (A), (B),
(E), or (F) of this paragraph;
``(ii) of section 1591; or
``(iii) of section 1201, chapter 109A, or
chapter 117, if the victim is a minor;
``(E) a violation of subsection (a) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(1) of that section;
``(F)(i) a violation of section 2260B(a)(2) for
promoting or facilitating an offense--
``(I) described in subparagraph (A), (B),
(D), or (E) of this paragraph; or
``(II) under section 2422(b); or
``(ii) attempting or conspiring to promote or
facilitate an offense described in clause (i) of this
subparagraph under section 2260B(b); and
``(G) a violation of chapter 109A or chapter 117,
if the offense involves the production or attempted
production of, or conspiracy to produce, child
pornography.''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Trafficking in child pornography.--For purposes of
this section and section 2259A, the term `trafficking in child
pornography' means--
``(A) a violation of subsection (d) of section 2251
or an attempt or conspiracy to violate that subsection
under subsection (e) of that section;
``(B) a violation of paragraph (1), (2), or (3) of
subsection (a) of section 2252, or an attempt or
conspiracy to violate any of those paragraphs under
subsection (b)(1) of that section;
``(C) a violation of section 2252(a)(4) or
2252A(a)(5), or an attempt or conspiracy to violate
either of those sections under section 2252(b)(2) or
2252A(b)(2), to the extent such conduct involves child
pornography--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt
or conspire to produce;
``(D) a violation of paragraph (1), (2), (3), (4),
or (6) of subsection (a) of section 2252A, or an
attempt or conspiracy to violate any of those
paragraphs under subsection (b)(1) of that section;
``(E) a violation of subsection (a)(7) of section
2252A, or an attempt or conspiracy to violate that
subsection under subsection (b)(3) of that section;
``(F) a violation of section 2252A(g) if the series
of felony violations exclusively involves violations
described in this paragraph;
``(G) a violation of subsection (b) of section
2260, or an attempt or conspiracy to violate that
subsection under subsection (c)(2) of that section;
``(H)(i) a violation of subsection (a)(1) of
section 2260B, or a violation of subsection (a)(2) of
that section for promoting or facilitating an offense
described in this paragraph; or
``(ii) an attempt or conspiracy to commit the
conduct described in clause (i) of this subparagraph
under section 2260B(b).'';
(4) in section 2259A(a)--
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described
in section 2259(c)(3)(C)''; and
(B) in paragraph (2), by striking ``any other
offense for trafficking in child pornography'' and
inserting ``any offense for trafficking in child
pornography other than an offense described in section
2259(c)(3)(C)'';
(5) in section 2429--
(A) in subsection (b)(3), by striking
``2259(b)(3)'' and inserting ``2259(c)(2)''; and
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``chapter, including, in''
and inserting the following: ``chapter.
``(2) In''; and
(iii) in paragraph (2), as so designated,
by inserting ``may assume the rights of the
crime victim under this section'' after
``suitable by the court''; and
(6) in section 3664, by adding at the end the following:
``(q) Trustee or Other Fiduciary.--
``(1) In general.--
``(A) Appointment of trustee or other fiduciary.--
When the court issues an order of restitution under
section 1593, 2248, 2259, 2429, or 3663, or
subparagraphs (A)(i) and (B) of section 3663A(c)(1),
for a victim described in subparagraph (B) of this
paragraph, the court, at its own discretion or upon
motion by the Government, may appoint a trustee or
other fiduciary to hold any amount paid for restitution
in a trust or other official account for the benefit of
the victim.
``(B) Covered victims.--A victim referred to in
subparagraph (A) is a victim who is--
``(i) under the age of 18 at the time of
the proceeding;
``(ii) incompetent or incapacitated; or
``(iii) subject to paragraph (3), a foreign
citizen or stateless person residing outside
the United States.
``(2) Order.--When the court appoints a trustee or other
fiduciary under paragraph (1), the court shall issue an order
specifying--
``(A) the duties of the trustee or other fiduciary,
which shall require--
``(i) the administration of the trust or
maintaining an official account in the best
interests of the victim; and
``(ii) disbursing payments from the trust
or account--
``(I) to the victim; or
``(II) to any individual or entity
on behalf of the victim;
``(B) that the trustee or other fiduciary--
``(i) shall avoid any conflict of interest;
``(ii) may not profit from the
administration of the trust or maintaining an
official account for the benefit of the victim
other than as specified in the order; and
``(iii) may not delegate administration of
the trust or maintaining the official account
to any other person;
``(C) if and when the trust or the duties of the
other fiduciary will expire; and
``(D) the fees payable to the trustee or other
fiduciary to cover expenses of administering the trust
or maintaining the official account for the benefit of
the victim, and the schedule for payment of those fees.
``(3) Fact-finding regarding foreign citizens and stateless
person.--In the case of a victim who is a foreign citizen or
stateless person residing outside the United States and is not
under the age of 18 at the time of the proceeding or
incompetent or incapacitated, the court may appoint a trustee
or other fiduciary under paragraph (1) only if the court finds
it necessary to--
``(A) protect the safety or security of the victim;
or
``(B) provide a reliable means for the victim to
access or benefit from the restitution payments.
``(4) Payment of fees.--
``(A) In general.--The court may, with respect to
the fees of the trustee or other fiduciary--
``(i) pay the fees in whole or in part; or
``(ii) order the defendant to pay the fees
in whole or in part.
``(B) Applicability of other provisions.--With
respect to a court order under subparagraph (A)(ii)
requiring a defendant to pay fees--
``(i) subsection (f)(3) shall apply to the
court order in the same manner as that
subsection applies to a restitution order;
``(ii) subchapter C of chapter 227 (other
than section 3571) shall apply to the court
order in the same manner as that subchapter
applies to a sentence of a fine; and
``(iii) subchapter B of chapter 229 shall
apply to the court order in the same manner as
that subchapter applies to the implementation
of a sentence of a fine.
``(C) Effect on other penalties.--Imposition of
payment under subparagraph (A)(ii) shall not relieve a
defendant of, or entitle a defendant to a reduction in
the amount of, any special assessment, restitution,
other fines, penalties, or costs, or other payments
required under the defendant's sentence.
``(D) Schedule.--Notwithstanding any other
provision of law, if the court orders the defendant to
make any payment under subparagraph (A)(ii), the court
may provide a payment schedule that is concurrent with
the payment of any other financial obligation described
in subparagraph (C).
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $15,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.''.
SEC. 5. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND TRANSPARENCY
BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Duty To Report.--
``(1) Duty.--In order to reduce the proliferation of online
child exploitation and to prevent the online sexual
exploitation of children, as soon as reasonably possible after
obtaining actual knowledge of any facts or circumstances
described in paragraph (2) or any apparent child pornography on
the provider's service, network, or platform, and in any event
not later than 60 days after obtaining such knowledge, a
provider shall--
``(A) submit to the CyberTipline of NCMEC, or any
successor to the CyberTipline operated by NCMEC, a
report containing--
``(i) the mailing address, telephone
number, facsimile number, electronic mailing
address of, and individual point of contact
for, such provider; and
``(ii) information described in subsection
(b) concerning such facts or circumstances or
apparent child pornography; and
``(B) if applicable, remove the apparent child
pornography that is the subject of the report described
in subparagraph (A), if such child pornography is
publicly available.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
indicating an apparent, planned, or imminent violation of
section 2251, 2251A, 2252, 2252A, 2252B, or 2260.
``(3) Permitted actions based on reasonable belief.--In
order to reduce the proliferation of online child exploitation
and to prevent the online sexual exploitation of children, if a
provider has a reasonable belief that any facts or
circumstances described in paragraph (2) exist, the provider
may submit to the CyberTipline of NCMEC, or any successor to
the CyberTipline operated by NCMEC, a report described in
paragraph (1)(A).
``(b) Contents of Report.--
``(1) In general.--In an effort to prevent the future
sexual victimization of children, and to the extent the
information is within the custody or control of a provider,
each report provided under subsection (a)(1)(A)--
``(A) shall include, to the extent that it is
applicable and reasonably available--
``(i) identifying information regarding any
individual who is the subject of the report,
including name, address, electronic mail
address, user or account identification,
Internet Protocol address, and uniform resource
locator;
``(ii) the terms of service in effect at
the time of--
``(I) the apparent violation; or
``(II) the detection of apparent
child pornography or a planned or
imminent violation;
``(iii) a copy of any apparent child
pornography that is the subject of the report
that was identified in a publicly available
location;
``(iv) for each item of apparent child
pornography included in the report under clause
(iii) or paragraph (2)(C), information
indicating whether--
``(I) the reported child
pornography was publicly available; or
``(II) the provider, in its sole
discretion, viewed the reported child
pornography, or any copy thereof, at
any point concurrent with or prior to
the submission of the report; and
``(v) for each item of apparent child
pornography that is the subject of the report,
an indication as to whether the child
pornography--
``(I) has previously been the
subject of a report under paragraph
(1)(A) or (3) of subsection (a); or
``(II) is the subject of multiple
contemporaneous reports due to rapid
and widespread distribution; and
``(B) may, at the sole discretion of the provider,
include the information described in paragraph (2) of
this subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Historical reference.--Information relating
to when and how a customer or subscriber of a provider
uploaded, transmitted, or received content relating to
the report or when and how content relating to the
report was reported to, or discovered by the provider,
including a date and time stamp and time zone.
``(B) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address or verified address, or, if not
reasonably available, at least one form of geographic
identifying information, including area code or zip
code, provided by the customer or subscriber, or stored
or obtained by the provider.
``(C) Apparent child pornography.--Any apparent
child pornography not described in paragraph
(1)(A)(iii), or other content related to the subject of
the report.
``(D) Complete communication.--The complete
communication containing any apparent child pornography
or other content, including--
``(i) any data or information regarding the
transmission of the communication; and
``(ii) any visual depictions, data, or
other digital files contained in, or attached
to, the communication.
``(E) Technical identifier.--An industry-standard
hash value or other similar industry-standard technical
identifier for any reported visual depiction as it
existed on the provider's service, network, or
platform.
``(F) Description.--For any item of apparent child
pornography that is the subject of the report, an
indication of whether--
``(i) the depicted sexually explicit
conduct involves--
``(I) genital, oral, or anal sexual
intercourse;
``(II) bestiality;
``(III) masturbation;
``(IV) sadistic or masochistic
abuse; or
``(V) lascivious exhibition of the
anus, genitals, or pubic area of any
person; and
``(ii) the depicted minor is--
``(I) an infant or toddler;
``(II) prepubescent;
``(III) pubescent;
``(IV) post-pubescent; or
``(V) of an indeterminate age or
developmental stage.'';
``(c) Forwarding of Report and Other Information to Law
Enforcement.--
``(1) In general.--Pursuant to its clearinghouse role as a
private, nonprofit organization, and at the conclusion of its
review in furtherance of its nonprofit mission, NCMEC shall
make available each report submitted under paragraph (1)(A) or
(3) of subsection (a) to one or more of the following law
enforcement agencies:
``(A) Any Federal law enforcement agency that is
involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(B) Any State or local law enforcement agency
that is involved in the investigation of child sexual
exploitation.
``(C) A foreign law enforcement agency designated
by the Attorney General under subsection (d)(3) or a
foreign law enforcement agency that has an established
relationship with the Federal Bureau of Investigation,
Immigration and Customs Enforcement, or INTERPOL, and
is involved in the investigation of child sexual
exploitation, kidnapping, or enticement crimes.
``(2) Technical identifiers.--If a report submitted under
paragraph (1)(A) or (3) of subsection (a) contains an industry-
standard hash value or other similar industry-standard
technical identifier--
``(A) NCMEC may compare that hash value or
identifier with any database or repository of visual
depictions owned or operated by NCMEC; and
``(B) if the comparison under subparagraph (A)
results in a match, NCMEC may include the matching
visual depiction from its database or repository when
forwarding the report to an agency described in
subparagraph (A) or (B) of paragraph (1).'';
(B) in subsection (d)--
(i) in paragraph (2), by striking
``subsection (c)(1)'' and inserting
``subsection (c)(1)(A)''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``subsection (c)(3)'' and
inserting ``subsection (c)(1)(C)''; and
(II) in subparagraph (C), by
striking ``subsection (c)(3)'' and
inserting ``subsection (c)(1)(C)'';
(C) by striking subsection (e) and inserting the
following:
``(e) Failure To Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider
to knowingly--
``(i) fail to submit a report under
subsection (a)(1)(A) within the time period
required by that subsection; or
``(ii) fail to preserve material as
required under subsection (h).
``(B) Penalty.--
``(i) In general.--A provider that violates
subparagraph (A) shall be fined--
``(I) in the case of an initial
violation, not more than $150,000; and
``(II) in the case of any second or
subsequent violation, not more than
$300,000.
``(ii) Harm to individuals.--The maximum
fine under clause (i) shall be tripled if an
individual is harmed as a direct and proximate
result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports,
content removal, and material preservation.--A provider
shall be liable to the United States Government for a
civil penalty in an amount of not less than $50,000 and
not more than $100,000 if the provider knowingly--
``(i) fails to submit a report under
subsection (a)(1)(A) within the time period
required by that subsection;
``(ii) fails to remove apparent child
pornography as required under subsection
(a)(1)(B);
``(iii) fails to preserve material as
required under subsection (h); or
``(iv) submits a report under subsection
(a)(1)(A) that--
``(I) contains materially false or
fraudulent information; or
``(II) omits information described
in subsection (b)(1)(A) that is
reasonably available.
``(B) Annual report violations.--A provider shall
be liable to the United States Government for a civil
penalty in an amount of not less than $100,000 and not
more than $1,000,000 if the provider knowingly--
``(i) fails to submit an annual report as
required under subsection (i); or
``(ii) submits an annual report under
subsection (i) that--
``(I) contains a materially false,
fraudulent, or misleading statement; or
``(II) omits information described
in subsection (i)(1) that is reasonably
available.
``(C) Harm to individuals.--The amount of a civil
penalty under subparagraph (A) or (B) shall be tripled
if an individual is harmed as a direct and proximate
result of the applicable violation.
``(D) Costs of civil actions.--A provider that
commits a violation described in subparagraph (A) or
(B) shall be liable to the United States Government for
the costs of a civil action brought to recover a civil
penalty under that subparagraph.
``(E) Enforcement.--This paragraph shall be
enforced in accordance with sections 3731, 3732, and
3733 of title 31, except that a civil action to recover
a civil penalty under subparagraph (A) or (B) of this
paragraph may only be brought by the United States
Government.
``(3) Deposit of fines and penalties.--Notwithstanding any
other provision of law, any criminal fine or civil penalty
collected under this subsection shall be deposited into the
Child Pornography Victims Reserve as provided in section
2259B.'';
(D) in subsection (f), by striking paragraph (3)
and inserting the following:
``(3) affirmatively search, screen, or scan for--
``(A) facts or circumstances described in
subsection (a)(2);
``(B) information described in subsection (b)(2);
or
``(C) any apparent child pornography, including any
copy of apparent child pornography removed pursuant to
subsection (a)(1)(B).'';
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting
``or personnel at a children's advocacy
center'' after ``State)''; and
(II) in clause (iv), by striking
``State or subdivision of a State'' and
inserting ``State, subdivision of a
State, or children's advocacy center'';
(ii) in paragraph (3), in the matter
preceding subparagraph (A), by inserting
``paragraph (1)(A) or (3) of'' before
``subsection (a)''; and
(iii) in paragraph (4), by striking
``subsection (a)(1)'' and inserting ``paragraph
(1)(A) or (3) of subsection (a)'';
(F) in subsection (h)--
(i) in paragraph (1), by striking
``subsection (a)(1)'' and inserting ``paragraph
(1)(A) or (3) of subsection (a)''; and
(ii) by adding at the end the following:
``(5) Relation to reporting requirement.--Submission of a
report as required under paragraph (1)(A) or (3) of subsection
(a) does not satisfy the obligations under this subsection.'';
and
(G) by adding at the end the following:
``(i) Annual Report.--
``(1) In general.--Not later than March 31 of the second
year beginning after the date of enactment of the STOP CSAM Act
of 2023, and of each year thereafter, a provider that had more
than 1,000,000 unique monthly visitors or users during each
month of the preceding year and accrued revenue of more than
$50,000,000 during the preceding year shall submit to the
Attorney General and the Chair of the Federal Trade Commission
a report, disaggregated by subsidiary, that provides the
following information for the preceding year to the extent such
information is applicable and reasonably available:
``(A) Cybertipline data.--
``(i) The total number of reports that the
provider submitted under paragraph (1)(A) or
(3) of subsection (a).
``(ii) The total number of publicly
available items of apparent child pornography
that the provider removed under subsection
(a)(1)(B).
``(iii) Which items of information
described in subsection (b)(2) are routinely
included in the reports submitted by the
provider under paragraph (1)(A) or (3) of
subsection (a).
``(B) Report and remove data.--With respect to
section 7 of the STOP CSAM Act of 2023--
``(i) a description of the provider's
designated reporting system;
``(ii) the number of notifications
received;
``(iii) the number of proscribed visual
depictions involving a minor that were removed;
and
``(iv) the total amount of any fine ordered
and paid.
``(C) Other reporting to the provider.--
``(i) The measures the provider has in
place to receive other reports concerning child
sexual exploitation and abuse using the
provider's product or on the provider's
service, platform, or network.
``(ii) The average time for responding to
reports described in clause (i).
``(iii) The number of reports described in
clause (i) that the provider received.
``(iv) A summary description of the actions
taken upon receipt of the reports described in
clause (i).
``(D) Policies.--
``(i) A description of the policies of the
provider with respect to the commission of
child sexual exploitation and abuse using the
provider's product or on the provider's
service, platform, or network, including how
child sexual exploitation and abuse is defined.
``(ii) A description of possible
consequences for violations of the policies
described in clause (i).
``(iii) The methods of informing users of
the policies described in clause (i).
``(iv) The process for adjudicating
potential violations of the policies described
in clause (i).
``(E) Culture of safety.--
``(i) The measures and technologies that
the provider deploys to protect the safety of
children using the provider's product, service,
platform, or network.
``(ii) The measures and technologies that
the provider deploys to prevent the use of the
provider's product, service, platform, or
network by individuals seeking to commit child
sexual exploitation and abuse.
``(iii) Factors that interfere with the
provider's ability to detect or evaluate
instances of child sexual exploitation and
abuse.
``(iv) An assessment of the efficacy of the
measures and technologies described in clauses
(i) and (ii) and the impact of the factors
described in clause (iii).
``(F) Safety by design.--The measures that the
provider takes before launching a new product, service,
platform, or network to assess--
``(i) the safety risks for children; and
``(ii) whether and how individuals could
use the new product, service, platform, or
network to commit child sexual exploitation and
abuse.
``(G) Trends and patterns.--Any information
concerning emerging trends and changing patterns with
respect to online child safety and the commission of
child sexual exploitation and abuse.
``(2) Avoiding duplication.--For purposes of subparagraphs
(D) through (G) of paragraph (1), in the case of any report
submitted under that paragraph after the initial report, a
provider shall only be required to submit new or updated
information described in those subparagraphs.
``(3) Limitation.--Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
``(4) Publication.--
``(A) In general.--The Attorney General and the
Chair of the Federal Trade Commission shall publish the
reports received under this subsection.
``(B) Redaction.--A provider may request the
redaction of any information that is law enforcement
sensitive or otherwise not suitable for public
distribution, and the Attorney General and Chair of the
Federal Trade Commission may, in their discretion,
redact any such information, whether or not
requested.'';
(2) in section 2258B--
(A) in subsection (a)--
(i) by striking ``may not be brought in any
Federal or State court''; and
(ii) by striking ``Except as provided in
subsection (b), a civil claim or criminal
charge'' and inserting the following:
``(1) Limited liability.--Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
``(2) Covered claims and charges.--A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge''; and
(B) in subsection (b)(1), by inserting ``or
knowingly failed to comply with a requirement under
section 2258A'' after ``misconduct'';
(3) in section 2258C--
(A) in subsection (a)(1), by inserting ``use of the
provider's products, services, platforms, or networks
to commit'' after ``stop the'';
(B) in subsection (b)--
(i) by striking ``Any provider'' and
inserting the following:
``(1) In general.--Any provider'';
(ii) in paragraph (1), as so designated, by
striking ``receives'' and inserting ``, in its
sole discretion, obtains''; and
(iii) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider that obtains elements under subsection (a)(1) may not
distribute those elements, or make those elements available, to
any other entity, except for the sole and exclusive purpose of
stopping the online sexual exploitation of children.''; and
(C) in subsection (c)--
(i) by striking ``subsections'' and
inserting ``subsection'';
(ii) by striking ``providers receiving''
and inserting ``a provider to obtain'';
(iii) by inserting ``, or'' after
``NCMEC''; and
(iv) by inserting ``use of the provider's
products, services, platforms, or networks to
commit'' after ``stop the'';
(4) in section 2258E(6), by striking ``electronic
communication service provider'' and inserting ``electronic
communication service'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e) or subparagraph (A) of
section 7(g)(24) of the STOP CSAM Act of 2023 (except as
provided in clauses (i) and (ii)(I) of subparagraph (B) of such
section 7(g)(24)),'' after ``2259A''; and
(6) by adding at the end the following:
``Sec. 2260B. Liability for certain child exploitation offenses
``(a) Offense.--It shall be unlawful for a provider of an
interactive computer service, as that term is defined in section 230 of
the Communications Act of 1934 (47 U.S.C. 230), that operates through
the use of any facility or means of interstate or foreign commerce or
in or affecting interstate or foreign commerce, through such service to
knowingly--
``(1) host or store child pornography or make child
pornography available to any person; or
``(2) otherwise knowingly promote or facilitate a violation
of section 2251, 2251A, 2252, 2252A, or 2422(b).
``(b) Penalty.--A provider of an interactive computer service that
violates subsection (a)--
``(1) subject to paragraph (2), shall be fined not more
than $1,000,000; and
``(2) if the offense involves a conscious or reckless risk
of serious personal injury or an individual is harmed as a
direct and proximate result of the violation, shall be fined
not more than $5,000,000.
``(c) Rule of Construction.--Nothing in this section shall be
construed to apply to any action by a provider of an interactive
computer service that is necessary to comply with a valid court order,
subpoena, search warrant, statutory obligation, or preservation request
from law enforcement.''.
(b) Clerical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by adding at the end the
following:
``2260B. Liability for certain child exploitation offenses.''.
SEC. 6. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE CHILD SEXUAL
EXPLOITATION.
Section 2255 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``a violation of section 1589,
1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252,
2252A, 2260, 2421, 2422, or 2423 of this title'' and
inserting ``a child exploitation violation or conduct
relating to child exploitation'';
(B) by inserting ``or conduct'' after ``as a result
of such violation''; and
(C) by striking ``sue in any'' and inserting
``bring a civil action in the''; and
(2) by adding at the end the following:
``(d) Definitions.--In this section--
``(1) the term `child exploitation violation' means a
violation of section 1589, 1590, 1591, 1594(a) (involving a
violation of section 1589, 1590, or 1591), 1594(b) (involving a
violation of section 1589 or 1590), 1594(c), 2241, 2242, 2243,
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this
title;
``(2) the term `conduct relating to child exploitation'
means--
``(A) with respect to a provider of an interactive
computer service or a software distribution service
operating through the use of any means or facility of
interstate or foreign commerce, or in or affecting
interstate or foreign commerce, the intentional,
knowing, reckless, or negligent promotion or
facilitation of conduct that violates section 1591,
1594(c), 2251, 2251A, 2252, 2252A, or 2422(b) of this
title; and
``(B) with respect to a provider of an interactive
computer service operating through the use of any means
or facility of interstate or foreign commerce, or in or
affecting interstate or foreign commerce, the
intentional, knowing, reckless, or negligent hosting or
storing of child pornography or making child
pornography available to any person;
``(3) the term `interactive computer service' has the
meaning given that term in section 230(f) of the Communications
Act of 1934 (47 U.S.C. 230(f)); and
``(4) the term `software distribution service' means an
online service, whether or not operated for pecuniary gain,
from which individuals can purchase, obtain, or download
software that--
``(A) can be used by an individual to communicate
with another individual, by any means, to store,
access, distribute, or receive any visual depiction, or
to transmit any live visual depiction; and
``(B) was not developed by the software
distribution service.
``(e) Relation to Section 230 of the Communications Act of 1934.--
Nothing in section 230 of the Communications Act of 1934 (47 U.S.C.
230) shall be construed to impair or limit any claim brought under this
section for conduct relating to child exploitation.
``(f) Rule of Construction.--Nothing in this section shall be
construed to apply to any action by a provider of an interactive
computer service that is necessary to comply with a valid court order,
subpoena, search warrant, statutory obligation, or preservation request
from law enforcement.''.
SEC. 7. REPORTING AND REMOVAL OF PROSCRIBED VISUAL DEPICTIONS RELATING
TO CHILDREN; ESTABLISHMENT OF CHILD ONLINE PROTECTION
BOARD.
(a) Findings.--Congress finds the following:
(1) Over 40 years ago, the Supreme Court of the United
States ruled in New York v. Ferber, 458 U.S. 747 (1982), that
child sexual abuse material (referred to in this subsection as
``CSAM'') is a ``category of material outside the protections
of the First Amendment.'' The Court emphasized that children
depicted in CSAM are harmed twice: first through the abuse and
exploitation inherent in the creation of the materials, and
then through the continued circulation of the imagery, which
inflicts its own emotional and psychological injury.
(2) The Supreme Court reiterated this point 9 years ago in
Paroline v. United States, 572 U.S. 434 (2014), when it
explained that CSAM victims suffer ``continuing and grievous
harm as a result of [their] knowledge that a large,
indeterminate number of individuals have viewed and will in the
future view images of the sexual abuse [they] endured.''
(3) In these decisions, the Supreme Court noted that the
distribution of child sexual abuse material invades the privacy
interests of the victims.
(4) The co-mingling online of CSAM with other, non-explicit
depictions of the victims links the victim's identity with the
images of their abuse. This further invades a victim's privacy
and disrupts their sense of security, thwarting what the
Supreme Court has described as ``the individual interest in
avoiding disclosure of personal matters.''
(5) The internet is awash with child sexual abuse material.
In 2021, the CyberTipline, operated by the National Center for
Missing & Exploited Children to combat online child sexual
exploitation, received reports about 39,900,000 images and
44,800,000 videos depicting child sexual abuse.
(6) Since 2017, Project Arachnid, operated by the Canadian
Centre for Child Protection, has sent over 26,000,000 notices
to online providers about CSAM and other exploitive material
found on their platforms. According to the Canadian Centre,
some providers are slow to remove the material, or take it down
only for it to be reposted again a short time later.
(7) This legislation is needed to create an easy-to-use and
effective procedure to get CSAM and harmful related imagery
quickly taken offline and kept offline to protect children,
stop the spread of illegal and harmful content, and thwart the
continued invasion of the victims' privacy.
(b) Implementation.--
(1) Implementation.--Except as provided in paragraph (2),
not later than 1 year after the date of enactment of this Act,
the Child Online Protection Board established under subsection
(d), shall begin operations, at which point providers shall
begin receiving notifications as set forth in subsection
(c)(2).
(2) Extension.--The Commission may extend the deadline
under paragraph (1) by not more than 180 days if the Commission
provides notice of the extension to the public and to Congress.
(c) Reporting and Removal of Proscribed Visual Depictions Relating
to Children.--
(1) In general.--If a provider receives a complete
notification as set forth in paragraph (2)(A) that the provider
is hosting a proscribed visual depiction relating to a child,
not later than 48 hours after such notification is received by
the provider (or, in the case of a small provider, not later
than 2 business days after such notification is received by the
small provider) the provider shall--
(A)(i) remove the proscribed visual depiction
relating to a child; and
(ii) notify the complainant that it has done so; or
(B) notify the complainant that the provider--
(i) is unable to remove the proscribed
visual depiction relating to a child using
reasonable means; or
(ii) has determined that the notification
is duplicative under paragraph (2)(C)(i).
(2) Notification requirements.--
(A) In general.--To be complete under this
subsection, a notification must be a written
communication to the designated reporting system of the
provider (or, if the provider does not have a
designated reporting system, a written communication
that is served on the provider in accordance with
subparagraph (F)) that includes the following:
(i) An identification of, and information
reasonably sufficient to permit the provider to
locate, the alleged proscribed visual depiction
relating to a child. Such information may
include, at the option of the complainant, a
copy of the alleged proscribed visual depiction
relating to a child or the uniform resource
locator where such proscribed visual depiction
is located.
(ii) The complainant's name and contact
information, to include a mailing address,
telephone number, and an electronic mail
address, except that, if the complainant is the
victim depicted in the alleged proscribed
visual depiction relating to a child, the
complainant may elect to use an alias,
including for purposes of the signed statement
described in clause (v), and omit a mailing
address.
(iii) If applicable, a statement indicating
that the complainant has previously notified
the provider about the alleged proscribed
visual depiction relating to a child which may,
at the option of the complainant, include a
copy of the previous notification.
(iv) A statement indicating that the
complainant has a good faith belief that the
information in the notification is accurate.
(v) A signed statement under penalty of
perjury indicating that the notification is
submitted by--
(I) the victim depicted in the
alleged proscribed visual depiction
relating to a child;
(II) an authorized representative
of the victim depicted in the alleged
proscribed visual depiction relating to
a child; or
(III) a qualified organization.
(B) Inclusion of multiple visual depictions in same
notification.--A notification may contain information
about more than one proscribed visual depiction
relating to a child, but shall only be effective with
respect to each proscribed visual depiction relating to
a child included in the notification to the extent that
the notification includes sufficient information to
identify and locate such visual depiction.
(C) Limitation on duplicative notifications.--
(i) In general.--After a complainant has
submitted a notification to a provider, the
complainant may submit additional notifications
at any time only if the subsequent
notifications involve--
(I) a different proscribed visual
depiction relating to a minor;
(II) the same proscribed visual
depiction relating to a minor that is
in a different location; or
(III) recidivist hosting.
(ii) No obligation.--A provider who
receives any additional notifications that do
not comply with clause (i) shall not be
required to take any additional action except--
(I) as may be required with respect
to the original notification; and
(II) to notify the complainant as
provided in paragraph (1)(B)(ii).
(D) Incomplete or misdirected notification.--
(i) Requirement to contact complainant
regarding insufficient information.--
(I) Requirement to contact
complainant.--If a notification that is
submitted to a provider under this
subsection does not contain sufficient
information under subparagraph (A)(i)
to identify or locate the visual
depiction that is the subject of the
notification but does contain the
complainant contact information
described in subparagraph (A)(ii), the
provider shall, not later than 48 hours
after receiving the notification (or,
in the case of a small provider, not
later than 2 business days after such
notification is received by the small
provider), contact the complainant via
electronic email address to obtain such
information.
(II) Effect of complainant
providing sufficient information.--If
the provider is able to contact the
complainant and obtain sufficient
information to identify or locate the
visual depiction that is the subject of
the notification, the provider shall
then proceed as set forth in paragraph
(1), except that the applicable
timeframes described in such paragraph
shall commence on the day the provider
receives the information needed to
identify or locate the visual
depiction.
(III) Effect of complainant
inability to provide sufficient
information.--If the provider is able
to contact the complainant but does not
obtain sufficient information to
identify or locate the visual depiction
that is the subject of the
notification, the provider shall so
notify the complainant not later than
48 hours after the provider determines
that it is unable to identify or locate
the visual depiction (or, in the case
of a small provider, not later than 2
business days after the small provider
makes such determination), after which
no further action by the provider is
required and receipt of the
notification shall not be considered in
determining whether the provider has
actual knowledge of any information
described in the notification.
(IV) Effect of complainant failure
to respond.--If the complainant does
not respond to the provider's attempt
to contact the complainant under this
clause within 14 days of such attempt,
no further action by the provider is
required and receipt of the
notification shall not be considered in
determining whether the provider has
actual knowledge of any information
described in the notification.
(ii) Treatment of incomplete notification
where complainant cannot be contacted.--If a
notification that is submitted to a provider
under this subsection does not contain
sufficient information under subparagraph
(A)(i) to identify or locate the visual
depiction that is the subject of the
notification and does not contain the
complainant contact information described in
subparagraph (A)(ii) (or if the provider is
unable to contact the complainant using such
information), no further action by the provider
is required and receipt of the notification
shall not be considered in determining whether
the provider has actual knowledge of any
information described in the notification.
(iii) Treatment of notification not
submitted to designated reporting system.--If a
provider has a designated reporting system, and
a complainant submits a notification under this
subsection to the provider without using such
system, the provider shall not be considered to
have received the notification.
(E) Option to contact complainant regarding the
proscribed visual depiction involving a minor.--
(i) Contact with complainant.--If the
provider believes that the proscribed visual
depiction involving a minor referenced in the
notification does not meet the definition of
such term as provided in subsection (r)(10),
the provider may, not later than 48 hours after
receiving the notification (or, in the case of
a small provider, not later than 2 business
days after such notification is received by the
small provider), contact the complainant via
electronic mail address to so indicate.
(ii) Failure to respond.--If the
complainant does not respond to the provider
within 14 days after receiving the
notification, no further action by the provider
is required and receipt of the notification
shall not be considered in determining whether
the provider has actual knowledge of any
information described in the notification.
(iii) Complainant response.--If the
complainant responds to the provider within 14
days after receiving the notification, the
provider shall then proceed as set forth in
paragraph (1), except that the applicable
timeframes described in such paragraph shall
commence on the day the provider receives the
complainant's response.
(F) Service of notification where provider has no
designated reporting system; process where complainant
cannot serve provider.--
(i) No designated reporting system.--If a
provider does not have a designated reporting
system, a complainant may serve the provider
with a notification under this subsection to
the provider in the same manner that petitions
are required to be served under subsection
(g)(4).
(ii) Complainant cannot serve provider.--If
a provider does not have a designated reporting
system and a complainant cannot reasonably
serve the provider with a notification as
described in clause (i), the complainant may
bring a petition under subsection (g)(1)
without serving the provider with the
notification.
(G) Recidivist hosting.--If a provider engages in
recidivist hosting of a proscribed visual depiction
relating to a child, in addition to any action taken
under this section, a complainant may submit a report
concerning such recidivist hosting to the CyberTipline
operated by the National Center for Missing and
Exploited Children, or any successor to the
CyberTipline operated by the National Center for
Missing and Exploited Children.
(H) Preservation.--A provider that receives a
complete notification under this subsection shall
preserve the information in such notification in
accordance with the requirements of sections 2713 and
2258A(h) of title 18, United States Code. For purposes
of this subparagraph, the period for which providers
shall be required to preserve information in accordance
with such section 2258A(h) may be extended in 90-day
increments on written request by the complainant or
order of the Board.
(I) Non-disclosure.--Except as otherwise provided
in subsection (g)(19)(C), for 180 days following
receipt of a notification under this subsection, a
provider may not disclose the existence of the
notification to any person or entity except to an
attorney for purposes of obtaining legal advice, the
Board, the Commission, a law enforcement agency
described in subparagraph (A), (B), or (C) of section
2258A(g)(3) of title 18, United States Code, the
National Center for Missing and Exploited Children, or
as necessary to respond to legal process. Nothing in
the preceding sentence shall be construed to infringe
on the provider's ability to communicate general
information about terms of service violations.
(d) Establishment of Child Online Protection Board.--
(1) In general.--There is established in the Federal Trade
Commission a Child Online Protection Board, which shall
administer and enforce the requirements of subsection (e) in
accordance with this section.
(2) Officers and staff.--The Board shall be composed of 3
full-time Child Online Protection Officers who shall be
appointed by the Commission in accordance with paragraph
(5)(A). A vacancy on the Board shall not impair the right of
the remaining Child Online Protection Officers to exercise the
functions and duties of the Board.
(3) Child online protection attorneys.--Not fewer than 2
full-time Child Online Protection Attorneys shall be hired to
assist in the administration of the Board.
(4) Technological adviser.--One or more technological
advisers may be hired to assist with the handling of digital
evidence and consult with the Child Online Protection Officers
on matters concerning digital evidence and technological
issues.
(5) Qualifications.--
(A) Officers.--
(i) In general.--Each Child Online
Protection Officer shall be an attorney duly
licensed in at least 1 United States
jurisdiction who has not fewer than 7 years of
legal experience concerning child sexual abuse
material and technology-facilitated crimes
against children.
(ii) Experience.--Two of the Child Online
Protection Officers shall have substantial
experience in the evaluation, litigation, or
adjudication of matters relating to child
sexual abuse material or technology-facilitated
crimes against children.
(B) Attorneys.--Each Child Online Protection
Attorney shall be an attorney duly licensed in at least
1 United States jurisdiction who has not fewer than 3
years of substantial legal experience concerning child
sexual abuse material and technology-facilitated crimes
against children.
(C) Technological adviser.--A technological adviser
shall have at least one year of specialized experience
with digital forensic analysis.
(6) Compensation.--
(A) Child online protection officers.--
(i) Definition.--In this subparagraph, the
term ``senior level employee of the Federal
Government'' means an employee, other than
employee in the Senior Executive Service, the
position of whom is classified above GS-15 of
the General Schedule.
(ii) Pay range.--Each Child Online
Protection Officer shall be compensated at a
rate of pay that is not less than the minimum,
and not more than the maximum, rate of pay
payable for senior level employees of the
Federal Government, including locality pay, as
applicable.
(B) Child online protection attorneys.--Each Child
Online Protection Attorney shall be compensated at a
rate of pay that is not more than the maximum rate of
pay payable for level 10 of GS-15 of the General
Schedule, including locality pay, as applicable.
(C) Technological adviser.--A technological adviser
of the Board shall be compensated at a rate of pay that
is not more than the maximum rate of pay payable for
level 10 of GS-14 of the General Schedule, including
locality pay, as applicable.
(7) Vacancy.--If a vacancy occurs in the position of Child
Online Protection Officer, the Commission shall act
expeditiously to appoint an Officer for that position.
(8) Sanction or removal.--Subject to subsection (e)(2), the
Chair of the Commission or the Commission may sanction or
remove a Child Online Protection Officer.
(9) Administrative support.--The Commission shall provide
the Child Online Protection Officers and Child Online
Protection Attorneys with necessary administrative support,
including technological facilities, to carry out the duties of
the Officers and Attorneys under this section. The Department
of Justice may provide equipment and guidance on the storage
and handling of proscribed visual depictions relating to
children.
(10) Location of board.--The offices and facilities of the
Child Online Protection Officers and Child Online Protection
Attorneys shall be located at the headquarters or other office
of the Commission.
(e) Authority and Duties of the Board.--
(1) Functions.--
(A) Officers.--Subject to the provisions of this
section and applicable regulations, the functions of
the Officers of the Board shall be as follows:
(i) To render determinations on petitions
that may be brought before the Officers under
this section.
(ii) To ensure that petitions and responses
are properly asserted and otherwise appropriate
for resolution by the Board.
(iii) To manage the proceedings before the
Officers and render determinations pertaining
to the consideration of petitions and
responses, including with respect to
scheduling, discovery, evidentiary, and other
matters.
(iv) To request, from participants and
nonparticipants in a proceeding, the production
of information and documents relevant to the
resolution of a petition or response.
(v) To conduct hearings and conferences.
(vi) To facilitate the settlement by the
parties of petitions and responses.
(vii) To impose fines as set forth in
subsection (g)(24).
(viii) To provide information to the public
concerning the procedures and requirements of
the Board.
(ix) To maintain records of the proceedings
before the Officers, certify official records
of such proceedings as needed, and, as provided
in subsection (g)(19)(A), make the records in
such proceedings available to the public.
(x) To carry out such other duties as are
set forth in this section.
(xi) When not engaged in performing the
duties of the Officers set forth in this
section, to perform such other duties as may be
assigned by the Chair of the Commission or the
Commission.
(B) Attorneys.--Subject to the provisions of this
section and applicable regulations, the functions of
the Attorneys of the Board shall be as follows:
(i) To provide assistance to the Officers
of the Board in the administration of the
duties of those Officers under this section.
(ii) To provide assistance to complainants,
providers, and members of the public with
respect to the procedures and requirements of
the Board.
(iii) When not engaged in performing the
duties of the Attorneys set forth in this
section, to perform such other duties as may be
assigned by the Commission.
(C) Designated service agents.--The Board may
maintain a publicly available directory of service
agents designated to receive service of petitions filed
with the Board.
(2) Independence in determinations.--
(A) In general.--The Board shall render the
determinations of the Board in individual proceedings
independently on the basis of the records in the
proceedings before it and in accordance with the
provisions of this section, judicial precedent, and
applicable regulations of the Commission.
(B) Performance appraisals.--Notwithstanding any
other provision of law or any regulation or policy of
the Commission, any performance appraisal of an Officer
or Attorney of the Board may not consider the
substantive result of any individual determination
reached by the Board as a basis for appraisal except to
the extent that result may relate to any actual or
alleged violation of an ethical standard of conduct.
(3) Direction by commission.--Subject to paragraph (2), the
Officers and Attorneys shall, in the administration of their
duties, be under the supervision of the Chair of the
Commission.
(4) Inconsistent duties barred.--An Officer or Attorney of
the Board may not undertake any duty that conflicts with the
duties of the Officer or Attorney in connection with the Board.
(5) Recusal.--An Officer or Attorney of the Board shall
recuse himself or herself from participation in any proceeding
with respect to which the Officer or Attorney, as the case may
be, has reason to believe that he or she has a conflict of
interest.
(6) Ex parte communications.--Except as may otherwise be
permitted by applicable law, any party or interested owner
involved in a proceeding before the Board shall refrain from ex
parte communications with the Officers of the Board and the
Commission relevant to the merits of such proceeding before the
Board.
(7) Judicial review.--Actions of the Officers and the
Commission under this section in connection with the rendering
of any determination are subject to judicial review as provided
under subsection (g)(28).
(f) Conduct of Proceedings of the Board.--
(1) In general.--Proceedings of the Board shall be
conducted in accordance with this section and regulations
established by the Commission under this section, in addition
to relevant principles of law.
(2) Record.--The Board shall maintain records documenting
the proceedings before the Board.
(3) Centralized process.--Proceedings before the Board
shall--
(A) be conducted at the offices of the Board
without the requirement of in-person appearances by
parties or others;
(B) take place by means of written submissions,
hearings, and conferences carried out through internet-
based applications and other telecommunications
facilities, except that, in cases in which physical or
other nontestimonial evidence material to a proceeding
cannot be furnished to the Board through available
telecommunications facilities, the Board may make
alternative arrangements for the submission of such
evidence that do not prejudice any party or interested
owner; and
(C) be conducted and concluded in an expeditious
manner without causing undue prejudice to any party or
interested owner.
(4) Representation.--
(A) In general.--A party or interested owner
involved in a proceeding before the Board may be, but
is not required to be, represented by--
(i) an attorney; or
(ii) a law student who is qualified under
applicable law governing representation by law
students of parties in legal proceedings and
who provides such representation on a pro bono
basis.
(B) Representation of victims.--
(i) In general.--A petition involving a
victim under the age of 16 at the time the
petition is filed shall be filed by an
authorized representative, qualified
organization, or a person described in
subparagraph (A).
(ii) No requirement for qualified
organizations to have contact with, or
knowledge of, victim.--A qualified organization
may submit a notification to a provider or file
a petition on behalf of a victim without regard
to whether the qualified organization has
contact with the victim or knows the identity,
location, or contact information of the victim.
(g) Procedures To Contest a Failure To Remove a Proscribed Visual
Depiction Relating to a Child or a Notification Reporting a Proscribed
Visual Depiction Relating to a Child.--
(1) Procedure to contest a failure to remove.--
(A) Complainant petition.--A complainant may file a
petition to the Board claiming that, as applicable--
(i) the complainant submitted a complete
notification to a provider concerning a
proscribed visual depiction relating to a
child, and that--
(I) the provider--
(aa) did not remove the
proscribed visual depiction
relating to a child within the
timeframe required under
subsection (c)(1)(A)(i); or
(bb) incorrectly claimed
that--
(AA) the visual
depiction at issue
could not be located or
removed through
reasonable means;
(BB) the
notification was
incomplete; or
(CC) the
notification was
duplicative under
subsection
(c)(2)(C)(i); and
(II) did not file a timely petition
to contest the notification with the
Board under paragraph (2); or
(ii) a provider is hosting a proscribed
visual depiction relating to a child, does not
have a designated reporting system, and the
complainant was unable to serve a notification
on the provider under this subsection despite
reasonable efforts.
(B) Additional claim.--As applicable, a petition
filed under subparagraph (A) may also claim that the
proscribed visual depiction relating to a child at
issue in the petition involves recidivist hosting.
(C) Timeframe.--
(i) In general.--A petition under this
paragraph shall be considered timely if it is
filed within 30 days of the applicable start
date, as defined under clause (ii).
(ii) Applicable start date.--For purposes
of clause (i), the term ``applicable start
date'' means--
(I) in the case of a petition under
subparagraph (A)(i) claiming that the
visual depiction was not removed or
that the provider made an incorrect
claim relating to the visual depiction
or notification, the day that the
provider's option to file a petition
has expired under paragraph (2)(B); and
(II) in the case of a petition
under subparagraph (A)(ii) related to a
notification that could not be served,
the last day of the 2-week period that
begins on the day on which the
complainant first attempted to serve a
notification on the provider involved.
(D) Identification of victim.--Any petition filed
to the Board by the victim or an authorized
representative of the victim shall include the victim's
legal name. A petition filed to the Board by a
qualified organization may, but is not required to,
include the victim's legal name. Any petition
containing the victim's legal name shall be filed under
seal. The victim's legal name shall be redacted from
any documents served on the provider and interested
owner or made publicly available.
(E) Failure to remove visual depictions in timely
manner.--A complainant may file a petition under
subparagraph (A)(i) claiming that a visual depiction
was not removed even if the visual depiction was
removed prior to the petition being filed, so long as
the petition claims that the visual depiction was not
removed within the timeframe specified in subsection
(c)(1).
(2) Procedure to contest a notification.--
(A) Provider petition.--If a provider receives a
complete notification as described in subsection (c)(2)
through its designated reporting system or in
accordance with subsection (c)(2)(F)(i), the provider
may file a petition to the Board claiming that the
provider has a good faith belief that, as applicable--
(i) the visual depiction that is the
subject of the notification does not constitute
a proscribed visual depiction relating to a
child;
(ii) the notification is frivolous or was
submitted with an intent to harass the provider
or any person;
(iii) the alleged proscribed visual
depiction relating to a child cannot reasonably
be located by the provider;
(iv) for reasons beyond the control of the
provider, the provider cannot remove the
proscribed visual depiction relating to a child
using reasonable means; or
(v) the notification was duplicative under
subsection (c)(2)(C)(i).
(B) Timeframe.--
(i) In general.--Subject to clauses (ii)
and (iii), a petition contesting a notification
under this paragraph shall be considered timely
if it is filed by a provider not later than 14
days after the day on which the provider
receives the notification or the notification
is made complete under subsection (c)(2)(D)(i).
(ii) No designated reporting system.--
Subject to clause (iii), if a provider does not
have a designated reporting system, a petition
contesting a notification under this paragraph
shall be considered timely if it is filed by a
provider not later than 7 days after the day on
which the provider receives the notification or
the notification is made complete under
subsection (c)(2)(D)(i).
(iii) Small providers.--In the case of a
small provider, each of the timeframes
applicable under clauses (i) and (ii) shall be
increased by 48 hours.
(C) Temporary removal of alleged proscribed visual
depiction relating to a child.--
(i) In general.--If a provider files a
petition to the Board contesting a notification
solely on the basis of the reason described in
subparagraph (A)(i), the provider shall disable
public and user access to the alleged
proscribed visual depiction relating to a child
that is the subject of the notification prior
to the submission of the petition and during
the pendency of the adjudication, including
judicial review as provided in subsection
(g)(28). Such petition shall include a
statement, under the penalty of perjury, that
public and user access to the alleged
proscribed visual depiction relating to a child
has been disabled.
(ii) Effect of failure to remove.--
(I) In general.--If a provider
fails to comply with clause (i), the
Board may--
(aa) dismiss the petition
with prejudice; and
(bb) refer the matter to
the Attorney General.
(II) Effect of dismissal.--If a
provider's petition is dismissed under
clause (I)(aa), the complainant may
bring a petition under paragraph (1) as
if the provider did not file a petition
within the timeframe specified in
subparagraph (B).
(iii) Effect on timing.--The Board shall
prioritize the issuance of a determination
concerning any petition subject to this
subparagraph to the extent possible without
causing undue prejudice to any party or
interested owner.
(3) Commencement of proceeding.--
(A) In general.--In order to commence a proceeding
under this section, a petitioning party shall, subject
to such additional requirements as may be prescribed in
regulations established by the Commission, file a
petition with the Board, that includes a statement of
claims and material facts in support of each claim in
the petition. A petition may set forth more than one
claim. A petition shall also include information
establishing that it has been filed within the
applicable timeframe.
(B) Review of petitions by child online protection
attorneys.--Child Online Protection Attorneys may
review petitions to assess whether they are complete.
The Board may permit a petitioning party to refile a
defective petition. The Attorney may assist the
petitioning party in making any corrections.
(C) Dismissal.--The Board may dismiss, with or
without prejudice, any petition that fails to comply
with subparagraph (A).
(4) Service of process requirements for petitions.--
(A) In general.--For purposes of petitions under
paragraphs (1) and (2), the petitioning party shall, at
or before the time of filing a petition, serve a copy
on the other party. A corporation, partnership, or
unincorporated association that is subject to suit in
courts of general jurisdiction under a common name
shall be served by delivering a copy of the petition to
its service agent, if one has been so designated.
(B) Manner of service.--
(i) Service by nondigital means.--Service
by nondigital means may be any of the
following:
(I) Personal, including delivery to
a responsible person at the office of
counsel.
(II) By priority mail.
(III) By third-party commercial
carrier for delivery within 3 days.
(ii) Service by digital means.--Service of
a paper may be made by sending it by any
digital means, including through a provider's
designated reporting system.
(iii) When service is completed.--Service
by mail or by commercial carrier is complete 3
days after the mailing or delivery to the
carrier. Service by digital means is complete
on filing or sending, unless the party making
service is notified that the paper was not
received by the party served.
(C) Proof of service.--A petition filed under
paragraph (1) or (2) shall contain--
(i) an acknowledgment of service by the
person served;
(ii) proof of service consisting of a
statement by the person who made service
certifying--
(I) the date and manner of service;
(II) the names of the persons
served; and
(III) their mail or electronic
addresses, facsimile numbers, or the
addresses of the places of delivery, as
appropriate for the manner of service;
or
(iii) a statement indicating that service
could not reasonably be completed.
(D) Attorneys fees and costs.--Except as otherwise
provided in this subsection, all parties to a petition
shall bear their own attorney fees and costs.
(5) Service of other documents.--Documents submitted or
relied upon in a proceeding, other than the petition, shall be
served in accordance with regulations established by the
Commission.
(6) Notification of right to opt out.--In order to
effectuate service on a responding party, the petition shall
notify the responding party of their right to opt out of the
proceeding before the Board, and the consequences of opting out
and not opting out, including a prominent statement that by not
opting out the respondent--
(A) loses the opportunity to have the dispute
decided by a court created under article III of the
Constitution of the United States; and
(B) waives the right to a jury trial regarding the
dispute.
(7) Opt-out procedure.--Within 1 week of completion of
service of the petition under paragraph (4), 1 or more Officers
of the Board shall hold a conference to explain that the
responding party has a right to opt out of the proceeding
before the Board, and describe the consequences of opting out
and not opting out as described in paragraph (6). A responding
party shall have a period of 30 days, beginning on the date of
conference, in which to provide written notice of such choice
to the petitioning party and the Child Online Protection Board.
If the responding party does not submit an opt-out notice to
the Child Online Protection Board within that 30-day period,
the proceeding shall be deemed an active proceeding and the
responding party shall be bound by the determination in the
proceeding. If the responding party opts out of the proceeding
during that 30-day period, the proceeding shall be dismissed
without prejudice.
(8) Scheduling.--Upon receipt of a complete petition and at
the conclusion of the opt out procedure described in paragraph
(7), the Board shall issue a schedule for the future conduct of
the proceeding. A schedule issued by the Board may be amended
by the Board in the interests of justice.
(9) Conferences.--One or more Officers of the Board may
hold a conference to address case management or discovery
issues in a proceeding, which shall be noted upon the record of
the proceeding and may be recorded or transcribed.
(10) Party submissions.--A proceeding of the Board may not
include any formal motion practice, except that, subject to
applicable regulations and procedures of the Board--
(A) the parties to the proceeding and an interested
owner may make requests to the Board to address case
management and discovery matters, and submit responses
thereto; and
(B) the Board may request or permit parties and
interested owners to make submissions addressing
relevant questions of fact or law, or other matters,
including matters raised sua sponte by the Officers of
the Board, and offer responses thereto.
(11) Discovery.--
(A) In general.--Discovery in a proceeding shall be
limited to the production of relevant information and
documents, written interrogatories, and written
requests for admission, as provided in regulations
established by the Commission, except that--
(i) upon the request of a party, and for
good cause shown, the Board may approve
additional relevant discovery, on a limited
basis, in particular matters, and may request
specific information and documents from parties
in the proceeding, consistent with the
interests of justice;
(ii) upon the request of a party or
interested owner, and for good cause shown, the
Board may issue a protective order to limit the
disclosure of documents or testimony that
contain confidential information;
(iii) after providing notice and an
opportunity to respond, and upon good cause
shown, the Board may apply an adverse inference
with respect to disputed facts against a party
or interested owner who has failed to timely
provide discovery materials in response to a
proper request for materials that could be
relevant to such facts; and
(iv) an interested owner shall only produce
or receive discovery to the extent it relates
to whether the visual depiction at issue
constitutes a proscribed visual depiction
relating to a child.
(B) Privacy.--Any alleged proscribed visual
depiction relating to a child received by the Board or
the Commission as part of a proceeding shall be filed
under seal and shall remain in the care, custody, and
control of the Board or the Commission. For purposes of
discovery, the Board or Commission shall make the
proscribed visual depiction relating to a child
reasonably available to the parties and interested
owner but shall not provide copies. The privacy
protections described in section 3509(d) of title 18,
United States Code, shall apply to the Board,
Commission, provider, complainant, and interested
owner.
(12) Responses.--The responding party may refute any of the
claims or factual assertions made by the petitioning party, and
may also claim that the petition was not filed in the
applicable timeframe or is barred under subsection (h). If a
complainant is the petitioning party, a provider may claim in
response that the notification was incomplete and could not be
made complete under subsection (c)(2)(D)(i). The petitioning
party may refute any responses submitted by the responding
party.
(13) Interested owner.--An individual notified under
paragraph (19)(C)(ii) may, within 14 days of being so notified,
file a motion to join the proceeding for the limited purpose of
claiming that the visual depiction at issue does not constitute
a proscribed visual depiction relating to a child. The Board
shall serve the motion on both parties. Such motion shall
include a factual basis and a signed statement, submitted under
penalty of perjury, indicating that the individual produced or
created the visual depiction at issue. The Board shall dismiss
any motion that does not include the signed statement or that
was submitted by an individual who did not produce or create
the visual depiction at issue. If the motion is granted, the
interested owner may also claim that the notification and
petition were filed with an intent to harass the interested
owner. Any party may refute the claims and factual assertions
made by the interested owner.
(14) Evidence.--The Board may consider the following types
of evidence in a proceeding, and such evidence may be admitted
without application of formal rules of evidence:
(A) Documentary and other nontestimonial evidence
that is relevant to the petitions or responses in the
proceeding.
(B) Testimonial evidence, submitted under penalty
of perjury in written form or in accordance with
paragraph (15), limited to statements of the parties
and nonexpert witnesses, that is relevant to the
petitions or responses in a proceeding, except that, in
exceptional cases, expert witness testimony or other
types of testimony may be permitted by the Board for
good cause shown.
(15) Hearings.--Unless waived by all parties, the Board
shall conduct a hearing to receive oral presentations on issues
of fact or law from parties and witnesses to a proceeding,
including oral testimony, subject to the following:
(A) Any such hearing shall be attended by not fewer
than two of the Officers of the Board.
(B) The hearing shall be noted upon the record of
the proceeding and, subject to subparagraph (C), may be
recorded or transcribed as deemed necessary by the
Board.
(C) A recording or transcript of the hearing shall
be made available to any Officer of the Board who is
not in attendance.
(16) Voluntary dismissal.--
(A) By petitioning party.--Upon the written request
of a petitioning party, the Board shall dismiss the
petition, with or without prejudice.
(B) By responding party or interested owner.--Upon
written request of a responding party or interested
owner, the Board shall dismiss any responses to the
petition, and shall consider all claims and factual
assertions in the petition to be true.
(17) Factual findings.--Subject to paragraph (11)(A)(iii),
the Board shall make factual findings based upon a
preponderance of the evidence.
(18) Determinations.--
(A) Nature and contents.--A determination rendered
by the Board in a proceeding shall--
(i) be reached by a majority of the Board;
(ii) be in writing, and include an
explanation of the factual and legal basis of
the determination; and
(iii) include a clear statement of all
fines, costs, and other relief awarded.
(B) Dissent.--An Officer of the Board who dissents
from a decision contained in a determination under
subparagraph (A) may append a statement setting forth
the grounds for that dissent.
(19) Publication and disclosure.--
(A) Publication.--Each final determination of the
Board shall be made available on a publicly accessible
website, except that the final determination shall be
redacted to protect confidential information that is
the subject of a protective order under paragraph
(11)(A)(ii) or information protected pursuant to
paragraph (11)(B) and any other information protected
from public disclosure under the Federal Trade
Commission Act or any other applicable provision of
law.
(B) Freedom of information act.--All information
relating to proceedings of the Board under this section
is exempt from disclosure to the public under section
552(b)(3) of title 5, except for determinations,
records, and information published under subparagraph
(A). Any information that is disclosed under this
subparagraph shall have redacted any information that
is the subject of a protective order under paragraph
(11)(A)(ii) or protected pursuant to paragraph (11)(B).
(C) Effect of petition on non-disclosure period.--
(i) Submission of a petition extends the
non-disclosure period under subsection
(c)(2)(I) for the pendency of the proceeding.
The provider may submit an objection to the
Board that nondisclosure is contrary to the
interests of justice. The complainant may, but
is not required to, respond to the objection.
The Board should sustain the objection unless
there is reason to believe that the
circumstances in section 3486(a)(6)(B) of title
18, United States Code, exist and outweigh the
interests of justice.
(ii) If the Board sustains an objection to
the nondisclosure period, the provider or the
Board may notify the apparent owner of the
visual depiction in question about the
proceeding, and include instructions on how the
owner may move to join the proceeding under
paragraph (13).
(iii) If applicable, the nondisclosure
period expires 120 after the Board's
determination becomes final, except it shall
expire immediately upon the Board's
determination becoming final if the Board finds
that the visual depiction is not a proscribed
visual depiction relating to a minor.
(iv) The interested owner of a visual
depiction may not bring any legal action
against any party related to the proscribed
visual depiction relating to a child until the
Board's determination is final. Once the
determination is final, the owner of the visual
depiction may pursue any legal relief available
under the law, subject to subsections (h), (k),
and (l).
(20) Responding party's default.--If the Board finds that
service of the petition on the responding party could not
reasonably be completed, or the responding party has failed to
appear or has ceased participating in a proceeding, as
demonstrated by the responding party's failure, without
justifiable cause, to meet one or more deadlines or
requirements set forth in the schedule adopted by the Board,
the Board may enter a default determination, including the
dismissal of any responses asserted by the responding party, as
follows and in accordance with such other requirements as the
Commission may establish by regulation:
(A) The Board shall require the petitioning party
to submit relevant evidence and other information in
support of the petitioning party's claims and, upon
review of such evidence and any other requested
submissions from the petitioning party, shall determine
whether the materials so submitted are sufficient to
support a finding in favor of the petitioning party
under applicable law and, if so, the appropriate relief
and damages, if any, to be awarded.
(B) If the Board makes an affirmative determination
under subparagraph (A), the Board shall prepare a
proposed default determination, and shall provide
written notice to the responding party at all
addresses, including email addresses, reflected in the
records of the proceeding before the Board, of the
pendency of a default determination by the Board and of
the legal significance of such determination. Such
notice shall be accompanied by the proposed default
determination and shall provide that the responding
party has a period of 30 days, beginning on the date of
the notice, to submit any evidence or other information
in opposition to the proposed default determination.
(C) If the responding party responds to the notice
provided under subparagraph (B) within the 30-day
period provided in such subparagraph, the Board shall
consider responding party's submissions and, after
allowing the petitioning party to address such
submissions, maintain, or amend its proposed
determination as appropriate, and the resulting
determination shall not be a default determination.
(D) If the respondent fails to respond to the
notice provided under subparagraph (B), the Board shall
proceed to issue the default determination. Thereafter,
the respondent may only challenge such determination to
the extent permitted under paragraph (28).
(21) Petitioning party or interested owner's failure to
proceed.--If a petitioning party or interested owner who has
joined the proceeding fails to proceed, as demonstrated by the
failure, without justifiable cause, to meet one or more
deadlines or requirements set forth in the schedule adopted by
the Board, the Board may, upon providing written notice to the
petitioning party or interested owner and a period of 30 days,
beginning on the date of the notice, to respond to the notice,
and after considering any such response, issue a determination
dismissing the claims made by the petitioning party or
interested owner. The Board may order the petitioning party to
pay attorneys' fees and costs under paragraph (26)(B), if
appropriate. Thereafter, the petitioning party may only
challenge such determination to the extent permitted under
paragraph (28).
(22) Request for reconsideration.--A party or interested
owner may, within 30 days after the date on which the Board
issues a determination under paragraph (18), submit to the
Board a written request for reconsideration of, or an amendment
to, such determination if the party or interested owner
identifies a clear error of law or fact material to the
outcome, or a technical mistake. After providing the other
parties an opportunity to address such request, the Board shall
either deny the request or issue an amended determination.
(23) Review by commission.--If the Board denies a party or
interested owner a request for reconsideration of a
determination under paragraph (22), the party or interested
owner may, within 30 days after the date of such denial,
request review of the determination by the Commission in
accordance with regulations established by the Commission.
After providing the other party or interested owner an
opportunity to address the request, the Commission shall either
deny the request for review, or remand the proceeding to the
Board for reconsideration of issues specified in the remand and
for issuance of an amended determination. Such amended
determination shall not be subject to further consideration or
review, other than under paragraph (28).
(24) Favorable ruling on complainant petition.--
(A) In general.--If the Board grants a
complainant's petition filed under this section,
notwithstanding any other law, the Board shall--
(i) order the provider to immediately
remove the proscribed visual depiction relating
to a child, and to permanently delete all
copies of the visual depiction known to and
under the control of the provider unless the
Board orders the provider to preserve the
visual depiction;
(ii) impose a fine of $50,000 per
proscribed visual depiction relating to a child
covered by the determination, but if the Board
finds that--
(I) the provider removed the
proscribed visual depiction relating to
a child after the period set forth in
subsection (c)(1)(A)(i), but before the
complainant filed a petition, such fine
shall be $25,000;
(II) the provider has engaged in
recidivist hosting for the first time
with respect to the proscribed visual
depiction relating to a child in
question, such fine shall be $100,000
per proscribed visual depiction
relating to a child; or
(III) the provider has engaged in
recidivist hosting of the proscribed
visual depiction relating to a child in
question 2 or more times, such fine
shall be $200,000 per proscribed visual
depiction relating to a child;
(iii) order the provider to pay reasonable
costs to the complainant; and
(iv) refer any matters involving
intentional or willful conduct by a provider
with respect to a proscribed visual depiction
relating to a child, or recidivist hosting, to
the Attorney General for prosecution under any
applicable laws.
(B) Provider payment of fine and costs.--
Notwithstanding any other law, the Board shall direct a
provider to promptly pay fines and costs imposed under
subparagraph (A) as follows:
(i) If the petition was filed by a victim,
such fine and costs shall be paid to the
victim.
(ii) If the petition was filed by an
authorized representative of a victim--
(I) 30 percent of such fine shall
be paid to the authorized
representative and 70 percent of such
fine paid to the victim; and
(II) costs shall be paid to the
authorized representative.
(iii) If the petition was filed by a
qualified organization--
(I) the fine shall be paid to the
Child Pornography Victims Reserve as
provided in section 2259B of title 18,
United States Code; and
(II) costs shall be paid to the
qualified organization.
(25) Effect of denial of provider petition.--
(A) In general.--If the Board denies a provider's
petition to contest a notification filed under
paragraph (2), it shall order the provider to
immediately remove the proscribed visual depiction
relating to a child, and to permanently delete all
copies of the visual depiction known to and under the
control of the provider unless the Board orders the
provider to preserve the visual depiction.
(B) Referral for failure to remove material.--If a
provider does not remove and, if applicable,
permanently delete a proscribed visual depiction
relating to a child within 48 hours of the Board
issuing a determination under subparagraph (A), or not
later than 2 business days of the Board issuing a
determination under subparagraph (A) concerning a small
provider, the Board shall refer the matter to the
Attorney General for prosecution under any applicable
laws.
(C) Costs for frivolous petition.--If the Board
finds that a provider filed a petition under paragraph
(2) for a harassing or improper purpose or without
reasonable basis in law or fact, the Board shall order
the provider to pay the reasonable costs of the
complainant.
(26) Effect of denial of complainant's petition or
favorable ruling on provider's petition.--
(A) Restoration.--If the Board grants a provider's
petition filed under paragraph (2) or if the Board
denies a petition filed by the complainant under
paragraph (1), the provider may restore access to any
visual depiction that was at issue in the proceeding.
(B) Costs for incomplete or frivolous notification
and harassment.--If, in granting or denying a petition
as described in subparagraph (A), the Board finds that
the notification contested in the petition could not be
made complete under subsection (c)(2)(D), is frivolous,
or is duplicative under subsection (c)(2)(C)(i), the
Board may order the complainant to pay costs to the
provider and any interested owner, which shall not
exceed a total of $10,000, or, if the Board finds that
the complainant filed the notification with an intent
to harass the provider or any person, a total of
$15,000.
(27) Civil action; other relief.--
(A) In general.--Whenever any provider or
complainant fails to comply with a final determination
of the Board issued under paragraph (18), the
Department of Justice may commence a civil action in a
district court of the United States to enforce
compliance with such determination.
(B) Savings clause.--Nothing in this section shall
be construed to limit the authority of the Commission
or Department of Justice under any other provision of
law.
(28) Challenges to the determination.--
(A) Bases for challenge.--Not later than 45 days
after the date on which the Board issues a
determination or amended determination in a proceeding,
or not later than 45 days after the date on which the
Board completes any process of reconsideration or the
Commission completes a review of the determination,
whichever occurs later, a party may seek an order from
a district court, located where the provider or
complainant conducts business or resides, vacating,
modifying, or correcting the determination of the Board
in the following cases:
(i) If the determination was issued as a
result of fraud, corruption, misrepresentation,
or other misconduct.
(ii) If the Board exceeded its authority or
failed to render a determination concerning the
subject matter at issue.
(iii) In the case of a default
determination or determination based on a
failure to prosecute, if it is established that
the default or failure was due to excusable
neglect.
(B) Procedure to challenge.--
(i) Notice of application.--Notice of the
application to challenge a determination of the
Board shall be provided to all parties to the
proceeding before the Board, in accordance with
the procedures applicable to service of a
motion in the court where the application is
made.
(ii) Staying of proceedings.--For purposes
of an application under this paragraph, any
judge who is authorized to issue an order to
stay the proceedings in an any other action
brought in the same court may issue an order,
to be served with the notice of application,
staying proceedings to enforce the award while
the challenge is pending.
(29) Final determination.--A determination of the Board
shall be final on the date that all opportunities for a party
or interested owner to seek reconsideration or review of a
determination under paragraph (22) or (23), or for a party to
challenge the determination under paragraph (28), have expired
or are exhausted.
(h) Effect of Proceeding.--
(1) Subsequent proceedings.--The issuance of a final
determination by the Board shall preclude the filing by any
party of any subsequent petition that is based on the
notification at issue in the final determination. This
paragraph shall not limit the ability of any party to file a
subsequent petition based on any other notification.
(2) Determination.--Except as provided in paragraph (1),
the issuance of a final determination by the Board, including a
default determination or determination based on a failure to
prosecute, shall not preclude relitigation of any factual
matter in any subsequent legal action or proceeding before any
court, tribunal, or the Board, and any determination of the
Board may not be cited or relied upon as legal precedent in any
such legal action or proceeding except that--
(A) no party or interested owner may relitigate any
allegation, factual claim, or response that was
properly asserted and considered by the Board in any
subsequent proceeding before the Board involving the
same parties or interested owner and the same
proscribed visual depiction relating to a minor; and
(B) a finding by the Board that a visual depiction
constitutes a proscribed visual depiction relating to a
child may not be relitigated in any civil proceeding
brought by an interested owner.
(3) Other materials in proceeding.--A submission or
statement of a party, interested owner, or witness made in
connection with a proceeding before the Board, including a
proceeding that is dismissed, may not serve as the basis of any
action or proceeding before any court or tribunal except for
any legal action related to perjury or for conduct described in
subsection (k)(2). A statement of a party, interested owner, or
witness may be received as evidence, in accordance with
applicable rules, in any subsequent legal action or proceeding
before any court, tribunal, or the Board.
(4) Failure to assert response.--Except as provided in
paragraph (1), the failure or inability to assert any
allegation, factual claim, or response in a proceeding before
the Board shall not preclude the assertion of that response in
any subsequent legal action or proceeding before any court,
tribunal, or the Board.
(i) Administration.--The Commission may issue regulations in
accordance with section 553 of title 5, United States Code, to
implement this section.
(j) Study.--
(1) In general.--Not later than 3 years after the date on
which Child Online Protection Board issues the first
determination under this section, the Commission shall conduct,
and report to Congress on, a study that addresses the
following:
(A) The use and efficacy of the Child Online
Protection Board in expediting the removal of
proscribed visual depictions relating to children and
resolving disputes concerning said visual depictions,
including the number of proceedings the Child Online
Protection Board could reasonably administer with
current allocated resources.
(B) Whether adjustments to the authority of the
Child Online Protection Board are necessary or
advisable, including with respect to permissible
claims, responses, fines, costs, and joinder by
interested parties;
(C) Whether the Child Online Protection Board
should be permitted to expire, be extended, or be
expanded.
(D) Such other matters as the Commission believes
may be pertinent concerning the Child Online Protection
Board.
(2) Consultation.--In conducting the study and completing
the report required under paragraph (1), the Commission shall,
to the extent feasible, consult with complainants, victims, and
providers to include their views on the matters addressed in
the study and report.
(k) Limited Liability.--
(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge against the Board, a provider, a
complainant, interested owner, or representative under
subsection (f)(4), for distributing, receiving, accessing, or
possessing a proscribed visual depiction relating to a child
for the sole and exclusive purpose of complying with the
requirements of this section, or for the sole and exclusive
purpose of seeking or providing legal advice in order to comply
with this section, may not be brought in any Federal or State
court.
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) shall not apply to a claim against the Board, a provider, a
complainant, interested owner, or representative under
subsection (f)(4)--
(A) for any conduct unrelated to compliance with
the requirements of this section;
(B) if the Board, provider, complainant, interested
owner, or representative under subsection (f)(4) (as
applicable)--
(i) engaged in intentional misconduct; or
(ii) acted, or failed to act--
(I) with actual malice; or
(II) with reckless disregard to a
substantial risk of causing physical
injury without legal justification; or
(C) in the case of a claim against a complainant,
if the complainant falsely claims to be a victim, an
authorized representative of a victim, or a qualified
organization.
(3) Minimizing access.--The Board, a provider, a
complainant, an interested owner, or a representative under
subsection (f)(4) shall--
(A) minimize the number of individuals that are
provided access to any alleged, contested, or actual
proscribed visual depictions relating to a child under
this section;
(B) ensure that any alleged, contested, or actual
proscribed visual depictions relating to a child are
transmitted and stored in a secure manner and are not
distributed to or accessed by any individual other than
as needed to implement this section; and
(C) ensure that all copies of any proscribed visual
depictions relating to a child are permanently deleted
upon a request from the Board, Commission, or the
Federal Bureau of Investigation.
(l) Provider Immunity From Claims Based on Removal of Visual
Depiction.--A provider shall not be liable to any person for any claim
based on the provider's good faith removal of any alleged proscribed
visual depiction relating to a child pursuant to a notification under
this section, regardless of whether the visual depiction is found to be
a proscribed visual depiction relating to a child by the Board.
(m) Continued Applicability of Federal, State, and Tribal Law.--
(1) In general.--This Act shall not be construed to impair,
supersede, or limit a provision of Federal, State, or Tribal
law.
(2) No preemption.--Nothing in this Act shall prohibit a
State or Tribal government from adopting and enforcing a
provision of law governing child sex abuse material that is at
least as protective of the rights of a victim as this section.
(n) Discovery.--Nothing in this Act affects discovery, a subpoena
or any other court order, or any other judicial process otherwise in
accordance with Federal or State law.
(o) Rule of Construction.--Nothing in this section shall be
construed to relieve a provider from any obligation imposed on the
provider under section 2258A of title 18, United States Code.
(p) Funding.--There are authorized to be appropriated such sums as
may be necessary to pay the costs incurred by the Commission under this
section, including the costs of establishing and maintaining the Board
and its facilities.
(q) Sunset.--Except for subsections (a), (h), (k), (l), (m), (n),
(o), and (r), this section shall expire 5 years after the date on which
the Child Online Protection Board issues its first determination under
this section.
(r) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Child Online
Protection Board established under subsection (e).
(2) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning provided in section 2256(8) of
title 18, United States Code.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Complainant.--The term ``complainant'' means--
(A) the victim appearing in the proscribed visual
depiction relating to a child;
(B) an authorized representative of the victim
appearing in the proscribed visual depiction relating
to a child; or
(C) a qualified organization.
(5) Designated reporting system.--The term ``designated
reporting system'' means a digital means of submitting a
notification to a provider under this subsection that is
publicly and prominently available, easily accessible, and easy
to use.
(6) Host.--The term ``host'' means to store or make a
visual depiction available or accessible to the public or any
users through digital means or on a system or network
controlled or operated by or for a provider.
(7) Identifiable person.--The term ``identifiable person''
means a person who is recognizable as an actual person by the
person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature.
(8) Interested owner.--The term ``interested owner'' means
an individual who has joined a proceeding before the Board
under subsection (g)(13).
(9) Party.--The term ``party'' means the complainant or
provider.
(10) Proscribed visual depiction relating to a child.--The
term ``proscribed visual depiction relating to a child'' means
child sexual abuse material or a related exploitative visual
depiction.
(11) Provider.--The term ``provider'' means a provider of
an interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C. 230),
and for purposes of subsections (k) and (l), includes any
director, officer, employee, or agent of such provider.
(12) Qualified organization.--The term ``qualified
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from tax under section 501(a) of that Code that works to
address child sexual abuse material and to support victims of
child sexual abuse material.
(13) Recidivist hosting.--The term ``recidivist hosting''
means, with respect to a provider, that the provider removes a
proscribed visual depiction relating to a child pursuant to a
notification or determination under this subsection, and then
subsequently hosts a visual depiction that has the same hash
value or other technical identifier as the visual depiction
that had been so removed.
(14) Related exploitive visual depiction.--The term
``related exploitive visual depiction'' means a visual
depiction of an identifiable person of any age where the visual
depiction does not constitute child sexual abuse material but
is published and associated with child sexual abuse material
depicting that person.
(15) Small provider.--The term ``small provider'' means a
provider that, for the most recent calendar year, averaged less
than 10,000,000 active users on a monthly basis in the United
States.
(16) Victim.--
(A) In general.--The term ``victim'' means an
individual of any age who is depicted in child sexual
abuse material while under 18 years of age.
(B) Assumption of rights.--In the case of a victim
who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate,
another family member, or any other person appointed as
suitable by a court, may assume the victim's rights to
submit a notification or file a petition under this
section, but in no event shall an individual who
produced or conspired to produce the child sexual abuse
material depicting the victim be named as such
representative or guardian.
(17) Visual depiction.--The term ``visual depiction'' has
the meaning provided in section 2256(5) of title 18, United
States Code.
SEC. 8. 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 the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not
be affected.
<all>
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118S12 | A bill to prohibit the government of the District of Columbia from using Federal funds to allow individuals who are not citizens of the United States to vote in any election, and for other purposes. | [
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[
"K000393",
"Sen. Kenned... | <p>This bill prohibits the use of federal funds to allow an individual who is not a U.S. citizen to vote in any election in the District of Columbia (DC). Further, DC must certify that it does not allow noncitizens to vote in elections as a condition of receiving any federal funds.</p> <p>Federal law bars noncitizens from voting in federal elections; however, the DC Council passed a bill on October 18, 2022, that allows noncitizens who meet residency and other requirements to vote in local elections.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 12 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 12
To prohibit the government of the District of Columbia from using
Federal funds to allow individuals who are not citizens of the United
States to vote in any election, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Cruz (for himself, Mr. Daines, Mr. Scott of Florida, Mr. Vance, Mr.
Kennedy, 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 prohibit the government of the District of Columbia from using
Federal funds to allow individuals who are not citizens of the United
States to vote in any election, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON FEDERAL FUNDS.
(a) In General.--Notwithstanding any other provision of law, no
Federal funds made available to the District of Columbia may be used to
allow individuals who are not citizens of the United States to vote in
any election.
(b) Certification.--Upon application for, approval for, or receipt
of any Federal funds, the government of the District of Columbia shall
certify that the government does not permit individuals who are not
citizens of the United States to vote in any election.
(c) Application.--The requirements under this section shall apply
with respect to any Federal funds applied for, approved for, received
by, or made available to the District of Columbia on or after the date
on which this bill is introduced in the Senate.
<all>
</pre></body></html>
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118S120 | Educational Choice for Children Act | [
[
"C001075",
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"sponsor"
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[
"W000437",
"S... | <p><strong>Educational Choice for Children Act</strong></p> <p>This bill allows individuals and corporations a new tax credit after 2022 for charitable contributions to tax-exempt organizations that provide scholarships to elementary and secondary school students. Such students must be members of a household with incomes not greater 300% of the area median gross income and be eligible to enroll in a public elementary or secondary school. </p> <p>The bill excludes from the gross income of taxpayer dependents any scholarship amount for the elementary or secondary education expenses of eligible students. It also prohibits governmental control over scholarship granting organizations.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 120 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 120
To amend the Internal Revenue Code of 1986 to allow a credit against
tax for charitable donations to nonprofit organizations providing
education scholarships to qualified elementary and secondary students.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Cassidy (for himself, Mr. Cornyn, Mr. Daines, Mr. Tuberville, Mr.
Wicker, Mr. Barrasso, Mr. Scott of South Carolina, Mrs. Blackburn, Mr.
Braun, Mr. Scott of Florida, Mr. Young, Mr. Boozman, Mr. Hawley, Mr.
Tillis, and Mrs. Britt) 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 allow a credit against
tax for charitable donations to nonprofit organizations providing
education scholarships to qualified elementary and secondary 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 ``Educational Choice for Children
Act''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING
ORGANIZATIONS.
(a) Credit for Individuals.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25E the following new section:
``SEC. 25F. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION SCHOLARSHIPS.
``(a) Allowance of Credit.--In the case of an individual who is a
citizen or resident of the United States (as defined in section
7701(a)(9)), there shall be allowed as a credit against the tax imposed
by this chapter for the taxable year an amount equal to the amount of
qualified contributions made by the taxpayer during the taxable year.
``(b) Amount of Credit.--The credit allowed under subsection (a) in
any taxable year shall not exceed an amount equal to the greater of--
``(1) 10 percent of the adjusted gross income of the
taxpayer for the taxable year, or
``(2) $5,000.
``(c) Definitions.--For purposes of this section--
``(1) Eligible student.--The term `eligible student' means
an individual who--
``(A) is a member of a household with an income
which is not greater than 300 percent of the area
median gross income (as such term is used in section
42), and
``(B) is eligible to enroll in a public elementary
or secondary school.
``(2) Qualified contribution.--The term `qualified
contribution' means a charitable contribution (as defined by
section 170(c)) to a scholarship granting organization in the
form of cash or marketable securities for the purpose of
providing scholarships for qualified elementary or secondary
education expenses of eligible students.
``(3) Qualified elementary or secondary education
expense.--The term `qualified elementary or secondary education
expense' has the same meaning given the term `qualified higher
education expenses' under paragraph (3) of section 529(e),
except that--
``(A) such paragraph shall be applied--
``(i) by substituting `elementary school or
secondary school (as such terms are defined in
section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801))' for
`eligible educational institution' each place
it appears, and
``(ii) in subparagraph (B) thereof, by
substituting `such school' for `such
institution' each place it appears, and
``(B) such term shall include tutoring expenses for
student academic needs, including for learning loss.
``(4) Scholarship granting organization.--The term
`scholarship granting organization' means any organization--
``(A) which--
``(i) is described in section 501(c)(3) and
exempt from tax under section 501(a), and
``(ii) is not a private foundation,
``(B) whose substantial purpose is to provide
scholarships for qualified elementary or secondary
education expenses of eligible students,
``(C)(i) which meets the requirements of subsection
(d), or
``(ii) which, pursuant to State law, was able, as
of the date of the enactment of the Educational Choice
for Children Act, to receive contributions that are
eligible for a State tax credit if such contributions
are used by the organization to provide scholarships to
individual elementary and secondary students, including
scholarships for attending private schools, and
``(D) which, separate from any other funds or
contributions received by such organization, maintains
and accounts for any contributions made by any person
for the purpose of providing scholarships for qualified
elementary or secondary education expenses of eligible
students.
``(d) Requirements for Scholarship Granting Organizations.--
``(1) In general.--An organization meets the requirements
of this subsection if--
``(A) such organization provides scholarships to 2
or more students, provided that not all such students
attend the same school,
``(B) such organization does not provide
scholarships for any expenses other than qualified
elementary or secondary education expenses,
``(C) such organization provides a scholarship to
eligible students with a priority for--
``(i) students awarded a scholarship the
previous school year, and
``(ii) after application of clause (i), any
such students who have a sibling who was
awarded a scholarship from such organization,
``(D) such organization does not earmark or set
aside contributions for scholarships on behalf of any
particular student,
``(E) such organization takes appropriate steps to
verify the annual household income and family size of
eligible students to whom it awards scholarships, and
limits them to a member of a household for which the
income does not exceed the amount established under
subsection (c)(1)(A),
``(F) such organization--
``(i) obtains from an independent certified
public accountant annual financial and
compliance audits, and
``(ii) certifies to the Secretary (at such
time, and in such form and manner, as the
Secretary may prescribe) that the audit
described in clause (i) has been completed, and
``(G) no officer or board member of such
organization has been convicted of a felony.
``(2) Independent certified public accountant.--For
purposes of paragraph (1)(F), the term `independent certified
public accountant' means, with respect to an organization, a
certified public accountant who is not a person described in
section 465(b)(3)(A) with respect to such organization or any
employee of such organization.
``(3) Prohibition on self-dealing.--
``(A) In general.--A scholarship granting
organization may not award a scholarship to any
disqualified person.
``(B) Disqualified person.--For purposes of this
paragraph, a disqualified person shall be determined
pursuant to rules similar to the rules of section 4946.
``(e) Denial of Double Benefit.--Any qualified contribution for
which a credit is allowed under this section shall not be taken into
account as a charitable contribution for purposes of section 170.
``(f) Carryforward of Unused Credit.--
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section,
section 23, and section 25D), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.
``(2) Limitation.--No credit may be carried forward under
this subsection to any taxable year following the fifth taxable
year after the taxable year in which the credit arose. For
purposes of the preceding sentence, credits shall be treated as
used on a first-in first-out basis.
``(g) Application of Volume Cap.--A qualified contribution shall be
taken into account under this section only if such contribution is not
in excess of the volume cap established under section 3 of the
Educational Choice for Children Act.''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to section 25E the
following new item:
``Sec. 25F. Qualified elementary and secondary education
scholarships.''.
(b) Credit for Corporations.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding after section 45Z the following:
``SEC. 45AA. CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS.
``(a) General Rule.--For purposes of section 38, in the case of a
corporation, the education scholarship credit determined under this
section for the taxable year is the aggregate amount of qualified
contributions for the taxable year.
``(b) Amount of Credit.--The credit allowed under subsection (a)
for any taxable year shall not exceed 5 percent of the taxable income
(as defined in section 170(b)(2)(D)) of the corporation for such
taxable year.
``(c) Qualified Contributions.--For purposes of this section, the
term `qualified contribution' has the meaning given such term under
section 25F.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under any provision of this chapter for any expense for which a credit
is allowed under this section.
``(e) Application of Volume Cap.--A qualified contribution shall be
taken into account under this section only if such contribution is not
in excess of the volume cap established under section 3 of the
Educational Choice for Children Act.''.
(2) Conforming amendments.--Section 38(b) of such Code is
amended by striking ``plus'' at the end of paragraph (39), by
striking the period and inserting ``, plus'' at the end of
paragraph (40), and by adding at the end the following new
paragraph:
``(41) the education scholarship credit determined under
section 45AA(a).''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45AA. Contributions to scholarship granting organizations.''.
(c) Failure of Scholarship Granting Organizations To Make
Distributions.--
(1) In general.--Chapter 42 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter I--Scholarship Granting Organizations
``Sec. 4969. Failure to distribute receipts.
``SEC. 4969. FAILURE TO DISTRIBUTE RECEIPTS.
``(a) In General.--In the case of any scholarship granting
organization (as defined in section 25F) which has been determined by
the Secretary to have failed to satisfy the requirement under
subsection (b) for any taxable year, any contribution made to such
organization during the first taxable year beginning after the date of
such determination shall not be treated as a qualified contribution (as
defined in section 25F(c)(2)) for purposes of sections 25F and 45AA.
``(b) Requirement.--The requirement described in this subsection is
that the amount of receipts of the scholarship granting organization
for the taxable year which are distributed before the distribution
deadline with respect to such receipts shall not be less than the
required distribution amount with respect to such taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Required distribution amount.--
``(A) In general.--The required distribution amount
with respect to a taxable year is the amount equal to
100 percent of the total receipts of the scholarship
granting organization for such taxable year--
``(i) reduced by the sum of such receipts
that are retained for reasonable administrative
expenses for the taxable year or are carried to
the succeeding taxable year under subparagraph
(C), and
``(ii) increased by the amount of the
carryover under subparagraph (C) from the
preceding taxable year.
``(B) Safe harbor for reasonable administrative
expenses.--For purposes of subparagraph (A)(i), if the
percentage of total receipts of a scholarship granting
organization for a taxable year which are used for
administrative purposes related to activities for
providing scholarships for qualified elementary or
secondary education expenses of eligible students (as
such terms are defined in section 25F(c)) is equal to
or less than 10 percent, such expenses shall be deemed
to be reasonable for purposes of such subparagraph.
``(C) Carryover.--With respect to the amount of the
total receipts of a scholarship granting organization
with respect to any taxable year, an amount not greater
than 15 percent of such amount may, at the election of
such organization, be carried to the succeeding taxable
year.
``(2) Distributions.--The term `distribution' includes
amounts which are formally committed but not distributed. A
formal commitment described in the preceding sentence may
include contributions set aside for eligible students for more
than one year.
``(3) Distribution deadline.--The distribution deadline
with respect to receipts for a taxable year is the first day of
the third taxable year following the taxable year in which such
receipts are received by the scholarship granting
organization.''.
(2) Clerical amendment.--The table of subchapters for
chapter 42 of such Code is amended by adding at the end the
following new item:
``subchapter i. scholarship granting organizations''.
SEC. 3. VOLUME CAP.
(a) Allocation.--
(1) In general.--For purposes of sections 25F(g) and
45AA(e) of the Internal Revenue Code of 1986 (as added by this
Act), the volume cap applicable with respect to both such
sections shall be $10,000,000,000 for calendar year 2024 and
each subsequent year thereafter, with such amount to be
allocated as follows:
(A) $20,000,000 shall be allocated to each State
(as defined in section 7701(a)(10) of the Internal
Revenue Code of 1986), with such amount to be made
available, in the manner described in subsection (b),
for--
(i) any individual residing in such State
to claim the credit allowed under section 25F
of the Internal Revenue Code of 1986 with
respect to any qualified contributions (as
defined in such section) made by such
individual during any taxable year beginning
during such calendar year, and
(ii) any corporation created or organized
in such State to claim the credit determined
under section 45AA of such Code with respect to
any qualified contributions made by such
corporation during any taxable year beginning
during such calendar year.
(B) With respect to the amount remaining after the
allocation under subparagraph (A), such amount (as
adjusted pursuant to paragraph (3)) shall be made
available, in the manner described in subsection (b),
for--
(i) any individual to claim the credit
allowed under section 25F of the Internal
Revenue Code of 1986 with respect to any
qualified contributions made by such individual
during any taxable year beginning during such
calendar year, and
(ii) any corporation to claim the credit
determined under section 45AA of such Code with
respect to any qualified contributions made by
such corporation during any taxable year
beginning during such calendar year.
(2) Carryover.--The amount of any allotment to a State
under paragraph (1)(A) for any calendar year which is not
claimed by taxpayers described in such paragraph during such
calendar year shall be added to the allotment provided under
paragraph (1)(B) for the subsequent calendar year.
(3) Increase in nationwide volume cap.--For purposes of
paragraph (1)(B), if the Secretary determines during any
calendar year that the amount of qualified contributions made
during such calendar year is equal to or greater than 90
percent of the total amount made available under such paragraph
for such calendar year, such amount shall be increased by an
amount equal to 5 percent of the total amount made available
under such paragraph as of January 1 of such calendar year,
with such increase to remain in effect for the subsequent
calendar year.
(b) First-Come, First-Serve.--For purposes of applying the volume
cap under this section, such volume cap shall be applied based on a
first-come, first-serve basis, as determined based on the date on which
the taxpayer made the qualified contribution.
(c) Real-Time Information.--For purposes of this section, the
Secretary of the Treasury (or the Secretary's delegate) shall develop a
system to track the amount of qualified contributions made during the
calendar year for which a credit may be claimed under section 25F or
45AA of the Internal Revenue Code of 1986, with such information to be
updated in real time.
SEC. 4. EXEMPTION FROM GROSS INCOME FOR SCHOLARSHIPS FOR QUALIFIED
ELEMENTARY OR SECONDARY EDUCATION EXPENSES OF ELIGIBLE
STUDENTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139J. SCHOLARSHIPS FOR QUALIFIED ELEMENTARY OR SECONDARY
EDUCATION EXPENSES OF ELIGIBLE STUDENTS.
``(a) In General.--In the case of an individual, gross income shall
not include any amounts provided to any dependent of such individual
pursuant to a scholarship for qualified elementary or secondary
education expenses of an eligible student which is provided by a
scholarship granting organization.
``(b) Definitions.--In this section, the terms `qualified
elementary or secondary education expense', `eligible student', and
`scholarship granting organization' have the same meaning given such
terms under section 25F(c).''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting before the item relating to section 140 the
following new item:
``Sec. 139J. Scholarships for qualified elementary or secondary
education expenses of eligible students.''.
SEC. 5. ORGANIZATIONAL AND PARENTAL AUTONOMY.
(a) Prohibition of Control Over Scholarship Organizations.--
(1) In general.--
(A) Treatment.--A scholarship granting organization
shall not, by virtue of participation under any
provision of this Act or any amendment made by this
Act, be regarded as acting on behalf of any
governmental entity.
(B) No governmental control.--Nothing in this Act,
or any amendment made by this Act, shall be construed
to permit, allow, encourage, or authorize any Federal,
State, or local government entity, or officer or
employee thereof, to mandate, direct, or control any
aspect of any scholarship granting organization.
(C) Maximum freedom.--To the extent permissible by
law, this Act, and any amendment made by this Act,
shall be construed to allow scholarship granting
organizations maximum freedom to provide for the needs
of the participants without governmental control.
(2) Prohibition of control over non-public schools.--
(A) No governmental control.--Nothing in this Act,
or any amendment made by this Act, shall be construed
to permit, allow, encourage, or authorize any Federal,
State, or local government entity, or officer or
employee thereof, to mandate, direct, or control any
aspect of any private or religious elementary or
secondary education institution.
(B) No exclusion of private or religious schools.--
No Federal, State, or local government entity, or
officer or employee thereof, shall impose or permit the
imposition of any conditions or requirements that would
exclude or operate to exclude educational expenses at
private or religious elementary and secondary education
institutions from being considered qualified elementary
or secondary education expenses.
(C) No exclusion of qualified expenses due to
institution's religious character or affiliation.--No
Federal, State, or local government entity, or officer
or employee thereof, shall exclude, discriminate
against, or otherwise disadvantage any elementary or
secondary education institution with respect to
qualified elementary or secondary education expenses at
that institution based in whole or in part on the
institution's religious character or affiliation,
including religiously based or mission-based policies
or practices.
(3) Parental rights to use scholarships.--No Federal,
State, or local government entity, or officer or employee
thereof, shall disfavor or discourage the use of scholarships
granted by participating scholarship granting organizations for
qualified elementary or secondary education expenses at private
or nonprofit elementary and secondary education institutions,
including faith-based schools.
(4) Parental right to intervene.--In any action filed in
any State or Federal court which challenges the
constitutionality (under the constitution of such State or the
Constitution of the United States) of any provision of this Act
(or any amendment made by this Act), any parent of an eligible
student who has received a scholarship from a scholarship
granting organization shall have the right to intervene in
support of the constitutionality of such provision or
amendment. To avoid duplication of efforts and reduce the
burdens placed on the parties to the action, the court in any
such action may require interveners taking similar positions to
file joint papers or to be represented by a single attorney at
oral argument, provided that the court does not require such
interveners to join any brief filed on behalf of any State
which is a defendant in such action.
(b) Definitions.--For purposes of this section, the terms
``eligible student'', ``scholarship granting organization'', and
``qualified elementary or secondary education expense'' shall have the
same meanings given such terms under section 25F(c) of the Internal
Revenue Code of 1986 (as added by section 2(a) of this Act).
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2023.
<all>
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118S1200 | SAVE Girls Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1200 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1200
To establish a Federal grant program to combat the smuggling and
trafficking of children and young women.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mrs. Blackburn (for herself, Ms. Klobuchar, and Mrs. Hyde-Smith)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a Federal grant program to combat the smuggling and
trafficking of children and young women.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Stopping the Abuse, Victimization,
and Exploitation of Girls Act'' or the ``SAVE Girls Act''.
SEC. 2. COMBATING THE SMUGGLING AND TRAFFICKING OF CHILDREN AND YOUNG
WOMEN.
Section 107 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105) is amended by striking subsection (d) and inserting the
following:
``(5) Rule of construction.--Nothing in this subsection may
be construed as creating any private cause of action against
the United States or officers or employees of the United
States.
``(d) Grant Program To Combat the Smuggling and Trafficking of
Children and Young Women.--
``(1) Grants authorized.--In addition to other grants
authorized under this section, the Attorney General and the
Secretary of Health and Human Services, in consultation with
the Secretary of State, may award grants to States, Indian
tribes, units of local government, and nonprofit,
nongovernmental victims' service organizations to combat the
smuggling and trafficking of children and young women.
``(2) Primary focus.--The primary focus of the grant
program authorized under paragraph (1) shall be--
``(A) to prevent the smuggling of children and
young women between 12 and 24 years of age across the
borders of the United States; and
``(B) to provide support for children and young
women between 12 and 24 years of age who have already
been smuggled into the United States or who have been
or are at risk of becoming victims of child sex
trafficking or a severe form of trafficking in persons.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Attorney General $50,000,000, which
shall be used for grants authorized under paragraph (1) and
shall remain available until expended.''.
<all>
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118S1201 | Employee Rights Act | [
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"S001184",
"Sen. Scott, Tim [R-SC]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
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"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"B001310",
"Se... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1201
To reform the labor laws of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Scott of South Carolina (for himself, Mr. Cramer, Mr. Cassidy, Ms.
Lummis, Mr. Braun, Mr. Johnson, Mr. Thune, Mrs. Hyde-Smith, Mr.
Hagerty, Mr. Budd, Mr. Tuberville, Mr. Crapo, Mr. Risch, Mr. Lee, Mr.
Barrasso, and Mr. Cornyn) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To reform the labor laws of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. ENHANCED EMPLOYEE RIGHTS.
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a))
is amended by striking ``designated or selected for the purposes of
collective bargaining'' and inserting ``for the purposes of collective
bargaining selected by secret ballot, in an election conducted by the
Board,''.
SEC. 3. EMPLOYEE PRIVACY.
(a) Notice of Rights and Protections; Voter Registration Lists.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h)(1) Whenever the Board directs an election under section 9(c)
or approves an election agreement, the employer of employees in the
bargaining unit shall, not later than two business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the names of all
employees in the bargaining unit and not more than one additional form
of personal contact information for the employee (such as a telephone
number, an email address, or a mailing address) chosen by the employee
in writing. The voter list shall be provided in a searchable electronic
format generally approved by the Board unless the employer certifies
that the employer does not possess the capacity to produce the list in
the required form. Not later than nine months after the date of
enactment of the Employee Rights Act, the Board shall promulgate
regulations implementing the requirements of this paragraph.
``(2) It shall be an unfair labor practice for an employer to
violate any requirement under paragraph (1).''.
(b) Labor Organization Use of Personal Information.--Section 8(b)
of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking ``8(b).'' and inserting
``8(b); and''; and
(3) by adding at the end the following:
``(8) to fail to protect the personal information of an
employee received for an organizing drive, to use such
information for any reason other than a representation
proceeding, or to use such information after the conclusion of
a representation proceeding.''.
(c) Right Not To Subsidize Labor Organization Nonrepresentational
Activities.--Title I of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, assessments, or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
SEC. 4. EMPLOYMENT RELATIONSHIPS.
(a) Amendments to the Fair Labor Standards Act of 1938 To Harmonize
the Definition of Employee.--
(1) Definition of employee.--Section 3(e)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by
inserting before the period the following: ``, as determined
under the usual common law rules''.
(2) Definition of employ.--Section 3(g) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(g)) is amended by
inserting ``an employee'' after ``permit''.
(b) Clarification of Joint Employment.--
(1) National labor relations act.--Section 2(2) of the
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(A) by striking ``The term `employer''' and
inserting ``(A) The term `employer'''; and
(B) by adding at the end the following:
``(B) An employer may be considered a joint
employer of the employees of another employer only if
each employer directly, actually, and immediately, and
not in a limited and routine manner, exercises
significant control over the essential terms and
conditions of employment of the employees of the other
employer, such as hiring such employees, discharging
such employees, determining the rate of pay and
benefits of such employees, supervising such employees
on a day-to-day basis, assigning such employees a work
schedule, position, or task, or disciplining such
employees.''.
(2) Fair labor standards act of 1938.--Section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is
amended--
(A) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes''; and
(B) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if
each employer meets the criteria set forth in section 2(2)(B)
of the National Labor Relations Act (29 U.S.C. 152(2)(B))
except that, for purposes of determining joint-employer status
under this Act, the terms `employee' and `employer' referenced
in such section shall have the meanings given such terms in
this section.''.
(c) Provision of Technical Assistance.--Notwithstanding any other
provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.),
or any other Federal law, none of the following may be construed, alone
or in combination with any other factor, as establishing an employer
and employee relationship between a franchisor (or any employee of the
franchisor) and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires such franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, child care, or paid leave,
including a requirement for such franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
SEC. 5. TRIBAL SOVEREIGNTY.
Section 2 of the National Labor Relations Act (29 U.S.C. 152), as
amended by section 4(b)(1), is further amended--
(1) in paragraph (2)(A), by inserting ``or any Indian
Tribe, or any enterprise or institution owned and operated by
an Indian Tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian Tribe' means any Indian Tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian Tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian Tribe or Indian or held by any Indian Tribe or
Indian subject to restriction by the United States
against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
federally recognized Indian Tribe.''.
<all>
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118S1202 | Keep Our PACT Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1202 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1202
To require full funding of part A of title I of the Elementary and
Secondary Education Act of 1965 and the Individuals with Disabilities
Education Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Van Hollen (for himself, Mr. Padilla, Mr. Merkley, Mr. Lujan, Ms.
Baldwin, Ms. Duckworth, Mr. Reed, Mr. Cardin, Mr. Murphy, Mr. Durbin,
Mr. Markey, Ms. Warren, Ms. Hirono, Ms. Smith, Mr. Sanders, Ms.
Klobuchar, Mr. Blumenthal, Mr. Brown, Mr. Booker, and Mr. Bennet)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require full funding of part A of title I of the Elementary and
Secondary Education Act of 1965 and the Individuals with Disabilities
Education Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) Part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) helps address
inequity in education in school districts across the United
States to provide a high-quality education to every student.
(4) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) guarantees all children with disabilities
a first-rate education.
(5) The amendments made to such Act by the Individuals with
Disabilities Education Improvement Act of 2004 (Public Law 108-
446; 118 Stat. 2647) committed Congress to providing 40 percent
of the national current average per-pupil expenditure for
students with disabilities.
(6) A promise made must be a promise kept.
SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF ESEA.
(a) Definition of Fiscal Year 2023 Part A of Title I
Appropriation.--In this section, the term ``fiscal year 2023 part A of
title I appropriation'' means the amount appropriated for fiscal year
2023 for programs under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(b) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated, for programs under part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.)--
(1) for fiscal year 2024, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $20,536,802,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(2) for fiscal year 2025, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $22,735,435,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(3) for fiscal year 2026, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $25,169,449,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(4) for fiscal year 2027, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $27,864,044,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(5) for fiscal year 2028, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $30,847,118,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(6) for fiscal year 2029, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $34,149,554,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(7) for fiscal year 2030, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $37,805,543,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(8) for fiscal year 2031, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $41,852,935,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(9) for fiscal year 2032, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $46,333,634,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater; and
(10) for fiscal year 2033, $51,294,029,000 or the full
amount authorized to be appropriated for the fiscal year for
such programs, whichever is greater.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $16,259,193,000 or 14.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$5,870,321,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2024, which shall become available for obligation
on July 1, 2024, and shall remain available through
September 30, 2025;
``(B) $18,636,567,000 or 16.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025, and there are hereby appropriated
$7,535,090,000 or 6.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2025, which shall become available for obligation
on July 1, 2025, and shall remain available through
September 30, 2026;
``(C) $21,361,554,000 or 17.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2026, and there are hereby appropriated
$9,671,973,000 or 8.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2026, which shall become available for obligation
on July 1, 2026, and shall remain available through
September 30, 2027;
``(D) $24,484,981,000 or 20.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, and there are hereby appropriated
$12,414,856,000 or 10.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, which shall become available for
obligation on July 1, 2027, and shall remain available
through September 30, 2028;
``(E) $28,065,107,000 or 22.6 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, and there are hereby appropriated
$15,935,595,000 or 12.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, which shall become available for
obligation on July 1, 2028, and shall remain available
through September 30, 2029;
``(F) $32,168,709,000 or 25.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, and there are hereby appropriated
$20,454,785,000 or 16.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, which shall become available for
obligation on July 1, 2029, and shall remain available
through September 30, 2030;
``(G) $36,872,329,000 or 28.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, and there are hereby appropriated
$26,255,574,000 or 20.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, which shall become available for
obligation on July 1, 2030, and shall remain available
through September 30, 2031;
``(H) $42,263,698,000 or 31.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031, and there are hereby appropriated
$33,701,415,000 or 25.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031, which shall become available for
obligation on July 1, 2031, and shall remain available
through September 30, 2032;
``(I) $48,443,379,000 or 35.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2032, and there are hereby appropriated
$43,258,828,000 or 31.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2032, which shall become available for
obligation on July 1, 2032, and shall remain available
through September 30, 2033; and
``(J) $55,526,635,000 or 40.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2033 and each subsequent fiscal year,
and there are hereby appropriated $55,526,635,000 or
40.0 percent of the amount determined under paragraph
(2), whichever is greater, for fiscal year 2033 and
each subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2033 on July 1,
2033, and shall remain available through
September 30, 2034; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services, as determined by the
Secretary on the basis of the most recent
satisfactory data; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
<all>
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118S1203 | Peace Corps Reauthorization Act of 2023 | [
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"sponsor"
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"R000584",
"Sen. Risch, James E. [R-ID]",
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[
"F000062",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1203 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1203
To amend the Peace Corps Act by reauthorizing the Peace Corps,
providing better support for current, returning, and former volunteers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Menendez (for himself, Mr. Risch, Mr. Cardin, Mr. Crapo, Mrs.
Feinstein, and Mr. Young) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Peace Corps Act by reauthorizing the Peace Corps,
providing better support for current, returning, and former volunteers,
and for other 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 ``Peace Corps
Reauthorization 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. Authorization of appropriations.
Sec. 3. Readjustment allowances for volunteers and volunteer leaders.
Sec. 4. Restoration of volunteer opportunities for major disruptions to
volunteer service.
Sec. 5. Health care continuation for Peace Corps volunteers.
Sec. 6. Access to antimalarial drugs and hygiene products for Peace
Corps volunteers.
Sec. 7. Codification of certain Executive orders relating to existing
noncompetitive eligibility Federal hiring
status for returning volunteers and
extension of the period of such status.
Sec. 8. Extension of period of existing noncompetitive eligibility
Federal hiring status for returning
volunteers.
Sec. 9. Comprehensive illegal drug use policy with respect to Peace
Corps volunteers.
Sec. 10. Protection of Peace Corps volunteers against reprisal or
retaliation.
Sec. 11. Peace Corps National Advisory Council.
Sec. 12. Memorandum of Agreement with Bureau of Diplomatic Security of
the Department of State.
Sec. 13. Clarification regarding eligibility of United States
nationals.
Sec. 14. Sexual Assault Advisory Council.
Sec. 15. Suspension without pay.
Sec. 16. Oceania Peace Corps partnerships.
Sec. 17. Reports.
Sec. 18. Technical and conforming amendments.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended--
(1) in subparagraph (b)--
(A) by amending paragraph (1) to read as follows:
``(1) There is authorized to be appropriated $410,500,000
for each of the fiscal years 2024 through 2028 to carry out
this Act.''; and
(B) in paragraph (2), by striking ``that fiscal
year and the subsequent fiscal year'' and inserting
``obligation until the last day of the subsequent
fiscal year''; and
(2) by redesignating subsection (h) as subsection (e).
SEC. 3. READJUSTMENT ALLOWANCES FOR VOLUNTEERS AND VOLUNTEER LEADERS.
Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended--
(1) in subsection (b), by striking ``insure their health''
and inserting ``ensure their safety, their health,'';
(2) in subsection (c)--
(A) by striking ``$125'' and inserting ``$375'';
(B) by striking ``his'' each place such term
appears and inserting ``the volunteer's''; and
(C) by striking ``he'' and inserting ``the
volunteer'';
(3) by redesignating subsection (e) as subsection (d);
(4) by inserting after subsection (d), as redesignated, the
following:
``(e) The Director shall consult with health experts outside of the
Peace Corps, including experts licensed in the field of mental health,
and follow guidance by the Centers for Disease Control and Prevention
regarding the prescription of medications to volunteers.'';
(5) in subsection (h), by striking ``he'' and inserting
``the President'';
(6) in subsection (n)(2)--
(A) by striking ``subsection (e)'' each place such
term appears and inserting ``subsection (d)''; and
(B) by striking ``he'' and inserting ``the
President''; and
(7) in subsection (o), by striking ``his'' each place such
term appears and inserting ``the volunteer's''.
SEC. 4. RESTORATION OF VOLUNTEER OPPORTUNITIES FOR MAJOR DISRUPTIONS TO
VOLUNTEER SERVICE.
(a) In General.--Section 5 of the Peace Corps Act (22 U.S.C. 2504),
as amended by section 3 of this Act, is further amended by adding at
the end the following:
``(q) Disruption of Service Protocols.--
``(1) In general.--The Director shall establish processes
for the safe return to service of returning Peace Corps
volunteers whose service is interrupted due to mandatory
evacuations of volunteers due to catastrophic events or global
emergencies of unknowable duration, which processes shall
include--
``(A) the establishment of monitoring and
communications systems, protocols, safety measures,
policies, and metrics for determining the appropriate
approaches for restoring volunteer opportunities for
evacuated returned volunteers whose service is
interrupted by a catastrophic event or global
emergency; and
``(B) streamlining, to the fullest extent
practicable, application requirements for the return to
service of such volunteers.
``(2) Return to service.--Beginning on the date on which
any volunteer described in paragraph (1) returns to service,
the Director shall strive to afford evacuated volunteers, to
the fullest extent practicable, the opportunity--
``(A) to return to their previous country of
service, except for Peace Corps missions in China; and
``(B) to continue their service in the most needed
sectors within the country in which they had been
serving immediately before their evacuation due to a
catastrophic event or global emergency, except for
Peace Corps missions in China.''.
(b) Medical Personnel.--Section 5A(b) of the Peace Corps Act (22
U.S.C. 2504a(b)) is amended, in the matter preceding paragraph (1), by
inserting ``, mental health professionals'' after ``medical officers''.
(c) Volunteer Leaders.--Section 6 of the Peace Corps Act (22 U.S.C.
2505) is amended--
(1) in paragraph (1), by striking ``$125'' and inserting
``$375''; and
(2) in paragraph (3), by striking ``he'' and inserting
``the President''.
SEC. 5. HEALTH CARE CONTINUATION FOR PEACE CORPS VOLUNTEERS.
Section 5(d) of the Peace Corps Act, as redesignated by section
3(3) of this Act, is amended to read as follows:
``(d)(1) Volunteers shall receive such health care during their
service as the Director considers necessary or appropriate, including,
if necessary, services described in section 8B.
``(2) Applicants for enrollment shall receive such health
examinations preparatory to their service, and applicants for
enrollment who have accepted an invitation to begin a period of
training under section 8(a) shall receive, preparatory to their
service, such immunization, dental care, and information regarding
prescription options and potential interactions, as may be necessary
and appropriate and in accordance with subsection (f).
``(3) Returned volunteers shall receive the health examinations
described in paragraph (2) during the 6-month period immediately
following the termination of their service, including services provided
in accordance with section 8B (except that the 6-month limitation shall
not apply in the case of such services), as the Director determines
necessary or appropriate.
``(4) Subject to such conditions as the Director may prescribe, the
health care described in paragraphs (1) through (3) for serving
volunteers, applicants for enrollment, or returned volunteers may be
provided in any facility of any agency of the United States Government,
and in such cases the amount expended for maintaining and operating
such facility shall be reimbursed from appropriations available under
this Act. Health care may not be provided under this subsection in a
manner that is inconsistent with the Assisted Suicide Funding
Restriction Act of 1997 (Public Law 105-12).
``(5) Not later than 30 days before the date on which the period of
service of a volunteer terminates, or 30 days after such termination
date if such termination is the result of an emergency, the Director,
in consultation with the Secretary of Health and Human Services, shall
provide detailed information to such volunteer regarding options for
health care after termination other than health care provided by the
Peace Corps, including information regarding--
``(A) how to find additional, detailed information,
including information regarding--
``(i) the application process and eligibility
requirements for medical assistance through a State
Medicaid plan under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or under a waiver of such
plan; and
``(ii) health care option identification services
available through the public and private sectors;
``(B) where detailed information on health plans may be
obtained; and
``(C) if such volunteer is younger than 26 years of age,
the eligibility of such volunteer to enroll as a dependent
child in a group health plan or health insurance coverage in
which the parent of such volunteer is enrolled in such plan or
coverage offers such dependent coverage.
``(6) Paragraph (5) shall apply to volunteers whose periods of
service are subject to early termination.''.
SEC. 6. ACCESS TO ANTIMALARIAL DRUGS AND HYGIENE PRODUCTS FOR PEACE
CORPS VOLUNTEERS.
Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is amended--
(1) by striking subsections (c) and (e);
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (b) the following:
``(c) Antimalarial Drugs.--
``(1) In general.--The Director shall consult with experts
at the Centers for Disease Control and Prevention regarding
recommendations for prescribing malaria prophylaxis, in order
to provide the best standard of care within the context of the
Peace Corps environment.
``(2) Certain training.--The Director shall ensure that
each Peace Corps medical officer serving in a malaria-endemic
country receives training in the recognition of the side
effects of such medications.
``(3) Consultation.--The Director shall consult with the
Assistant Secretary of Defense for Health Affairs regarding the
policy of using mefloquine in the field as an antimalarial
prophylactic.
``(d) Access to Hygiene Products.--Not later than 180 days after
the date of the enactment of the Peace Corps Reauthorization Act of
2023, the Director shall establish a comprehensive policy to ensure
Peace Corps volunteers who require hygiene products are able to access
such products.''.
SEC. 7. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING TO EXISTING
NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING STATUS FOR
RETURNING VOLUNTEERS AND EXTENSION OF THE PERIOD OF SUCH
STATUS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5A the following:
``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO NONCOMPETITIVE
ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING
VOLUNTEERS.
``(a) In General.--Subject to subsection (b), Executive Order 11103
(22 U.S.C. 2504 note; relating to Providing for the Appointment of
Former Peace Corps Volunteers to the Civilian Career Services), as
amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the
Civil Service Commission and Labor-Management in the Federal Service),
as in effect on the day before the date of the enactment of the Peace
Corps Reauthorization Act of 2023, shall remain in effect and have the
full force and effect of law.
``(b) Period of Eligibility.--
``(1) Definitions.--In this subsection:
``(A) Executive agency.--the term `Executive
agency'--
``(i) has the meaning given such term in
section 105 of title 5, United States Code;
``(ii) includes the United States Postal
Service and the Postal Regulatory Commission;
and
``(iii) does not include the Government
Accountability Office.
``(B) Hiring freeze.--The term `hiring freeze'
means any memorandum, Executive order, or other action
by the President that prohibits an Executive agency
from filling vacant Federal civilian employee positions
or creating new such positions.
``(2) In general.--The period of eligibility for
noncompetitive appointment to the civil service provided to an
individual under subsection (a), including any individual who
is so eligible on the date of the enactment of the Peace Corps
Reauthorization Act of 2023, shall be extended by the total
number of days, during such period, that--
``(A) a hiring freeze for civilian employees of the
executive branch is in effect by order of the President
with respect to any Executive agency at which the
individual has applied for employment;
``(B) there is a lapse in appropriations with
respect to any Executive agency at which the individual
has applied for employment; or
``(C) the individual is receiving disability
compensation under section 8142 of title 5, United
States Code, based on the individual's service as a
Peace Corps volunteer, retroactive to the date the
individual applied for such compensation.
``(3) Applicability.--The period of eligibility for
noncompetitive appointment status to the civil service under
subsection (a) shall apply to a Peace Corps volunteer--
``(A) whose service ended involuntarily as a result
of a suspension of volunteer operations by the
Director, but may not last longer than 1 year after the
date on which such service ended involuntarily; or
``(B) who re-enrolls as a volunteer in the Peace
Corps after completion of a term of service.''.
SEC. 8. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE ELIGIBILITY
FEDERAL HIRING STATUS FOR RETURNING VOLUNTEERS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5B, as added by section 7 of this Act, the
following:
``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE ELIGIBILITY
FEDERAL HIRING STATUS FOR RETURNING VOLUNTEERS.
``(a) In General.--Subject to section 5B, Executive Order 11103 (22
U.S.C. 2504 note; relating to Providing for the Appointment of Former
Peace Corps Volunteers to the Civilian Career Services), as amended by
Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service
Commission and Labor-Management in the Federal Service), as in effect
on the day before the date of the enactment of the Peace Corps
Reauthorization Act of 2023, shall remain in effect and have the full
force and effect of law.
``(b) Noncompetitive Eligibility Federal Hiring Status.--Subject to
subsection (d), any volunteer whose Peace Corps service was terminated
after April 1, 2020, and who has been certified by the Director as
having satisfactorily completed a full term of service, may be
appointed not later than 2 years after completion of qualifying service
to a position in any United States department, agency, or establishment
in the competitive service under title 5, United States Code, without
competitive examination, in accordance with such regulations and
conditions as may be prescribed by the Director of the Office of
Personnel Management.
``(c) Extension.--The appointing authority may extend the
noncompetitive appointment eligibility under subsection (b) to not more
than 3 years after a volunteer's separation from the Peace Corps if the
volunteer, following such service, was engaged in--
``(1) military service;
``(2) the pursuit of studies at a recognized institution of
higher learning; or
``(3) other activities which, in the view of the appointing
authority, warrant an extension of such eligibility.
``(d) Exception.--The appointing authority may not extend the
noncompetitive appointment eligibility under subsection (b) to any
volunteer who chooses to be subject to early termination.''.
SEC. 9. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE
CORPS VOLUNTEERS.
(a) In General.--The Peace Corps Act (22 U.S.C. 2501 et seq.) is
amended by inserting after section 8I (22 U.S.C. 2507i) the following:
``SEC. 8J. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE
CORPS VOLUNTEERS.
``(a) In General.--The Director shall develop and implement a
comprehensive drug use policy with respect to Peace Corps volunteers.
The policy shall--
``(1) establish a zero tolerance policy regarding volunteer
or trainee involvement with illegal drugs; and
``(2) require that every case of volunteer or trainee
illegal drug involvement be brought immediately to the
attention of relevant Peace Corps leadership, including the
Director, and be reported expeditiously by the Peace Corps to
the Office of the Inspector General.
``(b) Consultation.--In developing the policy described in
subsection (a), the Director may consult with and incorporate, as
appropriate, the recommendations and views of experts in the field of
substance abuse, and shall consult with the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director shall submit a report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives describing the illegal drug use policy
developed and implemented under section 8J of the Peace Corps Act, as
added by subsection (a).
SEC. 10. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST REPRISAL OR
RETALIATION.
Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by
adding at the end the following:
``(d) Prohibition Against Reprisal or Retaliation.--
``(1) Definitions.--In this subsection:
``(A) Covered official or office.--The term
`covered official or office' means--
``(i) any Peace Corps employee, including
an employee of the Office of Inspector General;
``(ii) a Member of Congress or a designated
representative of a committee of Congress;
``(iii) an Inspector General (other than
the Inspector General for the Peace Corps);
``(iv) the Government Accountability
Office;
``(v) any authorized official of the
Department of Justice or other Federal law
enforcement agency; and
``(vi) a United States court, including any
Federal grand jury.
``(B) Relief.--The term `relief' includes all
affirmative relief necessary to make a volunteer whole,
including monetary compensation, equitable relief,
compensatory damages, and attorney fees and costs.
``(C) Reprisal or retaliation.--The term `reprisal
or retaliation' means taking, threatening to take, or
initiating adverse administrative action against a
volunteer because the volunteer made a report described
in subsection (a) or otherwise disclosed to a covered
official or office any information pertaining to waste,
fraud, abuse of authority, misconduct, mismanagement,
violations of law, or a significant threat to health
and safety, if the activity or occurrence complained of
is based upon the reasonable belief of the volunteer.
``(2) In general.--The Director of the Peace Corps shall
take all reasonable measures, including through the development
and implementation of a comprehensive policy, to prevent and
address reprisal or retaliation against a volunteer by any
Peace Corps officer or employee, or any other person with
supervisory authority over the volunteer during the volunteer's
period of service.
``(3) Reporting and investigation; relief.--
``(A) In general.--A volunteer may report a
complaint or allegation of reprisal or retaliation--
``(i) directly to the Inspector General of
the Peace Corps, who may conduct such
investigations and make such recommendations
with respect to the complaint or allegation as
the Inspector General considers appropriate;
and
``(ii) through other channels provided by
the Peace Corps, including through the process
for confidential reporting implemented pursuant
to subsection (a).
``(B) Relief.--The Director of the Peace Corps--
``(i) may order any relief for an
affirmative finding of a proposed or final
resolution of a complaint or allegation of
reprisal or retaliation in accordance with
policies, rules, and procedures of the Peace
Corps; and
``(ii) shall ensure that such relief is
promptly provided to the volunteer.
``(4) Appeal.--
``(A) In general.--A volunteer may submit an appeal
to the Director of the Peace Corps of any proposed or
final resolution of a complaint or allegation of
reprisal or retaliation.
``(B) Rule of construction.--Nothing in this
paragraph may be construed to affect any other right of
recourse a volunteer may have under any other provision
of law.
``(5) Notification of rights and remedies.--The Director of
the Peace Corps shall ensure that volunteers are informed in
writing of the rights and remedies provided under this section.
``(6) Dispute mediation.--The Director of the Peace Corps
shall offer the opportunity for volunteers to resolve disputes
concerning a complaint or allegation of reprisal or retaliation
through mediation in accordance with procedures developed by
the Peace Corps.
``(7) Volunteer cooperation.--The Director of the Peace
Corps may take such disciplinary or other administrative
action, including termination of service, with respect to a
volunteer who unreasonably refuses to cooperate with an
investigation into a compliant or allegation of reprisal or
retaliation conducted by the Inspector General of the Peace
Corps.''.
SEC. 11. PEACE CORPS NATIONAL ADVISORY COUNCIL.
Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended--
(1) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``(subject to subsection (d)(1)) conduct on-
site inspections, and make examinations, of the
activities of the Peace Corps in the United States and
in other countries in order to'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) by redesignating subparagraph (D) as
subparagraph (G); and
(D) by inserting after subparagraph (C) the
following:
``(D) make recommendations for utilizing the
expertise of returned Peace Corps volunteers in
fulfilling the goals of the Peace Corps;
``(E) make recommendations on strengthening
diversity, equity, inclusion, and accessibility
principles in the workforce and daily work of the Peace
Corps, including by--
``(i) increasing the recruitment of
volunteers from diverse backgrounds and better
supporting such volunteers during their
training and enrollment in the Peace Corps;
``(ii) increasing and sustaining a diverse
and inclusive workforce through data
collection, anti-harassment and anti-
discrimination measures, recruitment,
retention, professional development, and
promotion and leadership initiatives that also
consider the work and roles of contractors;
``(iii) ensuring that advisory committees
and boards represent the diversity of the
agency; and
``(iv) increasing opportunities in
operations, programming, and procurement
through work with partners and communities that
are underrepresented or traditionally
marginalized;
``(F) make recommendations to reduce any financial
barriers to application, training, or enrollment in the
Peace Corps, including medical expenses and other out-
of-pocket costs; and'';
(2) in subsection (c), by amending paragraph (2) to read as
follows:
``(2)(A) The Council shall be composed of 7 members who are United
States citizens and are not being paid as officers or employees of the
Peace Corps or of any other United States Government entity.
``(B) Of the 7 members of the Council--
``(i) 1 member shall be appointed by the President;
``(ii) 3 members shall be appointed by the President pro
tempore of the Senate, of which--
``(I) 2 members shall be appointed upon the
recommendation of the leader in the Senate of the
political party that is not the political party of the
President;
``(II) 1 member shall be appointed upon the
recommendation of the leader in the Senate of the
political party of the President; and
``(III) at least 2 members shall be former Peace
Corps volunteers; and
``(iii) 3 members shall be appointed by the Speaker of the
House of Representatives, of which--
``(I) 2 members shall be appointed upon the
recommendation of the leader in the House of
Representatives of the political party that is not the
political party of the President;
``(II) 1 member shall be appointed upon the
recommendation of the leader in the House of
Representatives of the political party of the
President; and
``(III) at least 2 members shall be former Peace
Corps volunteers.
``(C) Council members shall be appointed to 2-year terms. No member
of the Council may serve for more than 2 consecutive 2-year terms.
``(D) Not later than 30 days after any vacancy occurs on the
Council, the Director shall appoint an individual to fill such vacancy.
Any Council member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed--
``(i) shall be appointed for the remainder of such term;
and
``(ii) may only serve on the Council for 1 additional 2-
year term.
``(E)(i) Except as provided in clause (ii), Council members shall
not be subject to laws relating to Federal employment, including laws
relating to hours of work, rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
``(ii) Notwithstanding clause (i), Council members shall be deemed
to be Federal employees for purposes of--
``(I) chapter 81 of title 5, United States Code (relating
to compensation for work-related injuries);
``(II) chapter 11 of title 18, United States Code (relating
to conflicts of interest);
``(III) chapter 171 of title 28, United States Code
(relating to tort claims); and
``(IV) section 3721 of title 31 (relating to claims for
damage to, or loss of, personal property incident to service).
``(F) Council members shall serve at the pleasure of the Director.
The Council may remove a member from the Council by a vote of 5 members
if the Council determines that such member--
``(i) committed malfeasance in office;
``(ii) persistently neglected, or was unable to
successfully discharge, his or her duties on the Council; or
``(iii) committed an offense involving moral turpitude.'';
(3) in subsection (g)--
(A) by striking ``and at its first regular meeting
in each calendar year thereafter'' and inserting ``at
its first meeting each subsequent calendar year''; and
(B) by adding at the end the following: ``The Chair
and Vice Chair shall each serve in such capacity for a
period not to exceed 2 years. The Director may renew
the term of members appointed as Chair and Vice Chair
under this subsection.'';
(4) in subsection (h), by amending paragraph (1) to read as
follows:
``(1) The Council shall hold 1 regular meeting per quarter of each
calendar year at a date and time to be determined by the Chair of the
Council or at the call of the Director.''; and
(5) by adding at the end the following:
``(k) Independence of Inspector General.--None of the activities or
functions of the Council authorized under subsection (b)(2) may
undermine the independence or supersede the duties of the Inspector
General of the Peace Corps.''.
SEC. 12. MEMORANDUM OF AGREEMENT WITH BUREAU OF DIPLOMATIC SECURITY OF
THE DEPARTMENT OF STATE.
(a) Quinquennial Review and Update.--Not later than 180 days after
the date of the enactment of this Act, and at least once every 5 years
thereafter, the Director of the Peace Corps and the Assistant Secretary
of State for Diplomatic Security shall--
(1) review the Memorandum of Agreement between the Bureau
of Diplomatic Security of the Department of State and the Peace
Corps regarding security support and protection of Peace Corps
volunteers, and staff members abroad; and
(2) update such Memorandum of Agreement, as appropriate.
(b) Notification.--
(1) In general.--The Director of the Peace Corps and the
Assistant Secretary of State for Diplomatic Security shall
jointly submit any update to the Memorandum of Agreement under
subsection (a) to--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Timing of notification.--Each written notification
submitted pursuant to paragraph (1) shall be submitted not
later than 30 days before the update referred to in such
paragraph takes effect.
SEC. 13. CLARIFICATION REGARDING ELIGIBILITY OF UNITED STATES
NATIONALS.
The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by this
Act, is further amended--
(1) in section 7(a)(5) (22 U.S.C. 2506(a)(5)), by striking
``United States citizens'' each place such term appears and
inserting ``United States nationals of American Samoa and
citizens of the United States'';
(2) in section 8(b) (22 U.S.C. 2507(b)), by inserting
``United States nationals of American Samoa and'' after
``training for'';
(3) in section 10(b) (22 U.S.C. 2509(b)), striking ``any
person not a citizen or resident of the United States'' and
inserting ``any person who is not a United States national of
American Samoa nor a citizen or resident of the United
States''; and
(4) in section 12(g) (22 U.S.C. 2511(g), by inserting
``United States nationals of American Samoa or'' after ``who
are''.
SEC. 14. SEXUAL ASSAULT ADVISORY COUNCIL.
(a) Report and Extension of the Sexual Assault Advisory Council.--
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
(1) by amending subsection (d) to read as follows:
``(d) Reports.--On an annual basis through the date specified in
subsection (g), the Council shall submit a report to the Director of
the Peace Corps, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that describes its
findings based on the reviews conducted pursuant to subsection (c) and
includes relevant recommendations. Each such report shall be made
publicly available.''; and
(2) in subsection (g), by striking ``October 1, 2023'' and
inserting ``October 1, 2028''.
SEC. 15. SUSPENSION WITHOUT PAY.
Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended by
inserting after subsection (a) the following:
``(b) Suspension Without Pay.--(1) The Peace Corps may suspend
(without pay) any employee appointed or assigned under this section if
the Director has determined that the employee engaged in serious
misconduct that could impact the efficiency of the service and could
lead to removal for cause.
``(2) Any employee for whom a suspension without pay is proposed
under this subsection shall be entitled to--
``(A) written notice stating the specific reasons for such
proposed suspension;
``(B)(i) up to 15 days to respond orally or in writing to
such proposed suspension if the employee is assigned in the
United States; or
``(ii) up to 30 days to respond orally or in writing to
such proposed suspension if the employee is assigned outside of
the United States;
``(C) representation by an attorney or other
representative, at the employee's own expense;
``(D) a written decision, including the specific reasons
for such decision, as soon as practicable;
``(E) a process through which the employee may submit an
appeal to the Director of the Peace Corps not later than 10
business days after the issuance of a written decision; and
``(F) a final decision personally rendered by the Director
of the Peace Corps not later than 30 days after the receipt of
such appeal.
``(3) Notwithstanding any other provision of law, a final decision
under paragraph (2)(F) shall be final and not subject to further
review.
``(4) If the Director fails to establish misconduct by an employee
under paragraph (1) and no disciplinary action is taken against such
employee based upon the alleged grounds for the suspension, the
employee shall be entitled to reinstatement, back pay, full benefits,
and reimbursement of attorney fees of up to $20,000.''.
SEC. 16. OCEANIA PEACE CORPS PARTNERSHIPS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Peace Corps shall submit a
report to Congress containing strategies for reasonably and safely
expanding the number of Peace Corps volunteers in the Indo-Pacific
countries of Oceania, with the goals of--
(1) expanding the presence of the Peace Corps to all
currently feasible locations in the Indo-Pacific countries of
Oceania; and
(2) working with regional and international partners of the
United States to expand the presence of Peace Corps volunteers
in low-income communities in the Indo-Pacific countries of
Oceania in support of climate resilience initiatives.
(b) Elements.--The report required under subsection (a) shall--
(1) assess the factors contributing to the current absence
of the Peace Corps and its volunteers in the Indo-Pacific
countries of Oceania;
(2) examine potential remedies that include working with
United States Government agencies and regional governments,
including governments of United States allies--
(A) to increase the health infrastructure and
medical evacuation capabilities of the Indo-Pacific
countries of Oceania to better support the safety of
Peace Corps volunteers while in those countries;
(B) to address physical safety concerns that have
decreased the ability of the Peace Corps to operate in
the Indo-Pacific countries of Oceania; and
(C) to increase transportation infrastructure in
the Indo-Pacific countries of Oceania to better support
the travel of Peace Corps volunteers and their access
to necessary facilities;
(3) evaluate the potential to expand the deployment of
Peace Corps Response volunteers to help the Indo-Pacific
countries of Oceania address social, economic, and development
needs of their communities that require specific professional
expertise; and
(4) explore potential new operational models to address
safety and security needs of Peace Corps volunteers in the
Indo-Pacific countries of Oceania, including--
(A) changes to volunteer deployment durations; and
(B) scheduled redeployment of volunteers to
regional or United States-based healthcare facilities
for routine physical and behavioral health evaluation.
(c) Volunteers in Low-Income Oceania Communities.--
(1) In general.--In examining the potential to expand the
presence of Peace Corps volunteers in low-income communities in
the Indo-Pacific countries of Oceania under subsection (a)(2),
the Director of the Peace Corps shall consider the development
of initiatives described in paragraph (2).
(2) Initiatives described.--Initiatives described in this
paragraph are volunteer initiatives that help the Indo-Pacific
countries of Oceania address social, economic, and development
needs of their communities, including by--
(A) addressing, through appropriate resilience-
based interventions, the vulnerability that communities
in the Indo-Pacific countries of Oceania face as result
of extreme weather, severe environmental change, and
other climate related trends; and
(B) improving, through smart infrastructure
principles, access to transportation and connectivity
infrastructure that will help address the economic and
social challenges that communities in the Indo-Pacific
countries of Oceania confront as a result of poor or
nonexistent infrastructure.
(d) Indo-Pacific Countries of Oceania Defined.--The term ``Indo-
Pacific countries of Oceania'' means Fiji, Kiribati, Republic of the
Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Samoa,
Solomon Islands, Tonga, Tuvalu, and Vanuatu.
SEC. 17. REPORTS.
(a) Report on Mental Health Evaluation Standards.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director of the Peace Corps
shall submit a report to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives containing the guidelines and standards used to
evaluate the mental health of Peace Corps applicants prior to
their Peace Corps service.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A detailed description of mental health
screening guidelines and evaluation standards used by
the Peace Corps to determine medical eligibility of
applicants for service, including a description of the
most common mental health conditions of applicants.
(B) Specific standards in the mental health
screening process that could lead to an applicant's
disqualification from service, and a description of how
these determinations are made.
(C) A description of any expedited mental health
clearance process for severe or recent symptom
presentation.
(D) A description of periods of stability related
to certain mental health conditions and symptoms
recommended prior to an applicant's clearance to serve.
(E) An assessment of the impact of updated mental
health evaluation guidance, including a comparison of
mental health related volunteer medevacs in years
before and after updated guidelines were implemented.
(F) A review of these screening guidelines,
conducted by a panel of certified and qualified medical
professionals in the United States, that evaluates
these standards based on scientific evidence and mental
health research and proposes relevant updates or
additions to current guidance.
(b) Report on Volunteer Medical Evacuations.--
(1) In general.--Not later than the first May 1 occurring
after the date of the enactment of this Act, and annually
thereafter for 5 years, the Director of the Peace Corps shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives regarding volunteer medical and mental health
evacuations.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) The number of Peace Corps volunteer medical and
mental health evacuations during the previous year.
(B) A breakdown of these evacuations into medical
and mental health evacuation categories.
(C) The estimated cost of these evacuations for
each year, including a breakdown of costs between
medical and mental health evacuation categories.
SEC. 18. TECHNICAL AND CONFORMING AMENDMENTS.
The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by this
Act, is further amended--
(1) by amending section 1 to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Peace Corps Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``TITLE I--THE PEACE CORPS
``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of purpose.
``Sec. 2A. Peace Corps as an independent agency.
``Sec. 3. Authorization.
``Sec. 4. Director of the Peace Corps and delegation of functions.
``Sec. 5. Peace Corps volunteers.
``Sec. 5A. Health care for volunteers at Peace Corps posts.
``Sec. 5B. Codification of Executive orders relating to noncompetitive
eligibility Federal hiring status for
returning volunteers.
``Sec. 5C. Extension of period of existing noncompetitive eligibility
Federal hiring status for returning
volunteers.
``Sec. 6. Peace Corps volunteer leaders.
``Sec. 7. Peace Corps employees.
``Sec. 8. Volunteer training.
``Sec. 8A. Sexual assault risk-reduction and response training.
``Sec. 8B. Sexual assault policy.
``Sec. 8C. Office of Victim Advocacy.
``Sec. 8D. Establishment of Sexual Assault Advisory Council.
``Sec. 8E. Volunteer feedback and Peace Corps review.
``Sec. 8F. Establishment of a policy on stalking.
``Sec. 8G. Establishment of a confidentiality protection policy.
``Sec. 8H. Removal and assessment and evaluation.
``Sec. 8I. Reporting requirements.
``Sec. 8J. Comprehensive illegal drug use policy with respect to Peace
Corps volunteers.
``Sec. 9. Participation of foreign nationals.
``Sec. 10. General powers and authorities.
``Sec. 11. Reports.
``Sec. 12. Peace Corps National Advisory Council.
``Sec. 13. Experts and consultants.
``Sec. 14. Detail of personnel to foreign governments and international
organizations.
``Sec. 15. Utilization of funds.
``Sec. 16. Foreign Currency Fluctuations Account.
``Sec. 17. Use of foreign currencies.
``Sec. 18. Activities promoting Americans' understanding of other
peoples.
``Sec. 19. Exclusive right to seal and name.
``Sec. 22. Security investigations.
``Sec. 23. Universal Military Training and Service Act.
``Sec. 24. Foreign language proficiency.
``Sec. 25. Nonpartisan appointments.
``Sec. 26. Definitions.
``Sec. 27. Construction.
``Sec. 28. Effective date.
``TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT
``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS
``Sec. 301. '';
(2) in section 2(a) (22 U.S.C. 2501(a))--
(A) by striking ``help the peoples'' and inserting
``partner with the peoples''; and
(B) by striking ``manpower'' and inserting
``individuals'';
(3) in section 3 (22 U.S.C. 2502)--
(A) by redesignating subsection (h) as subsection
(e); and
(B) in subsection (e), as redesignated, by striking
``disabled people'' each place such term appears and
inserting ``people with disabilities'';
(4) in section 4(b) (22 U.S.C. 2503(b))--
(A) by striking ``him'' and inserting ``the
President'';
(B) by striking ``he'' and inserting ``the
Director''; and
(C) by striking ``of his subordinates'' and all
that follows through ``functions.'' and inserting
``subordinate of the Director the authority to perform
any such function.'';
(5) in section 5 (22 U.S.C. 2504)--
(A) in subsection (c), by striking ``: Provided,
however,'' and all that follows through ``the amount''
and inserting ``. Under such circumstances as the
President may determine, the accrued readjustment
allowance, or any part thereof, may be paid to the
volunteer, members of the volunteer's family, or
others, during the period of the volunteer's service,
or prior to the volunteer's return to the United
States. In the event of the volunteer's death during
the period of his service, the amount'';
(B) in subsection (h), by striking ``he may
determine'' and inserting ``the President may
determine''; and
(C) in subsection (o) by striking ``the date of his
departure'' and all that follows and inserting ``the
date of the volunteer's departure from the volunteer's
place of residence to enter training until not later
than 3 months after the termination of the volunteer's
service.'';
(6) in section 6(3) (22 U.S.C. 2505(3)), by striking by
striking ``he may determine'' and inserting ``the President may
determine'';
(7) in section 7 (22 U.S.C. 2506)--
(A) in subsection (a), by moving paragraphs (7) and
(8) 2 ems to the left; and
(B) in subsection (b), as redesignated, by striking
``in his discretion'' and inserting ``in the
President's discretion'';
(8) in section 8A (22 U.S.C. 2507a)--
(A) in subsection (c), by striking ``his or her''
and inserting ``the volunteer's'';
(B) in subsection (d)(2), by inserting ``the''
before ``information''; and
(C) in subsection (f)--
(i) in paragraph (2)(A), by striking ``his
or her'' each place such phrase appears and
inserting ``the volunteer's''; and
(ii) in paragraph (4)(A), by striking ``his
or her'' and inserting ``the person's'';
(9) in section 8C(a) (22 U.S.C. 2507c(a)), in the
subsection heading, by striking ``Victims'' and inserting
``Victim'';
(10) in section 8E (22 U.S.C. 2507e)--
(A) in subsection (b), by striking ``subsection
(c),,'' and inserting ``subsection (c),''; and
(B) in subsection (e)(1)(F), by striking ``Peace
Corp's mission'' and inserting ``Peace Corps'
mission'';
(11) in section 9 (22 U.S.C. 2508)--
(A) by striking ``under which he was admitted or
who fails to depart from the United States at the
expiration of the time for which he was admitted'' and
inserting ``under which such person was admitted or who
fails to depart from the United States at the
expiration of the period for which such person was
admitted''; and
(B) by striking ``Act proceedings'' and inserting
``Act. Removal proceedings'';
(12) in section 10 (22 U.S.C. 2509)--
(A) in subsection (b), by striking ``he may
prescribe'' and inserting ``the President may
prescribe'';
(B) in subsection (d), by striking ``section 3709
of the Revised Statutes of the United States, as
amended, section 302 of the Federal Property and
Administrative Services Act of 1949''; and by inserting
``sections 3101(a), 3101(c), 3104, 3106, 3301(b)(2),
and 6101 of title 41, United States Code''; and
(C) in subsection (j), by striking ``of this
section.'';
(13) in section 12(d)(1)(b) (22 U.S.C. 2511(d)(1)(b)), by
striking ``his or her'' and inserting ``the member's'';
(14) in section 14 (22 U.S.C. 2513)--
(A) in subsection (a), by striking ``his agency''
and inserting ``such agency''; and
(B) in subsection (b)--
(i) by striking ``his allowance'' and
inserting ``the''; and
(ii) by striking ``he'';
(15) in section 15 (22 U.S.C. 2514)--
(A) in subsection (c), by striking ``that Act'' and
inserting ``that subchapter''; and
(B) in subsection (d)(7), by striking ``his
designee'' and inserting ``the Director's designee'';
(16) in section 19(a) (22 U.S.C. 2518(a)), by striking ``he
shall determine'' and inserting ``the President shall
determine'';
(17) in section 23 (22 U.S.C. 2520)--
(A) in the section heading, by striking ``universal
military training and service'' and inserting
``military selective service''; and
(B) by striking ``Universal Military Training and
Service Act'' and inserting ``Military Selective
Service Act (50 U.S.C. 3801 et seq.)'';
(18) in section 24--
(A) by striking ``he'' each place such term appears
and inserting ``the volunteer''; and
(B) by striking ``his'' and inserting ``the
volunteer's'';
(19) in section 26--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively;
(B) by inserting after paragraph (1) the following:
``(2) The term `Director' means the Director of the Peace
Corps.'';
(C) in paragraph (5), as redesignated, by striking
``he or she'' and inserting ``the medical officer'';
(D) in paragraph (7), as redesignated, by striking
``5(m)'' and inserting ``5(n)''; and
(E) in paragraph (10), as redesignated--
(i) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively; and
(ii) in subparagraph (A), as redesignated,
by striking ``section 5(f)'' and inserting
``section 5(e)''; and
(20) in section 301(a), by striking ``manpower'' each place
such term appears and inserting ``individuals''.
<all>
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118S1204 | Veterans Medical Marijuana Safe Harbor Act. | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
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[
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[
"R000608",
"Sen. Ro... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1204 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1204
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Schatz (for himself, Mr. Wyden, Mr. Kelly, Mr. Booker, Ms. Rosen,
Mr. Sanders, Mr. Padilla, Mr. Kaine, and Mr. Merkley) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medical Marijuana Safe
Harbor Act.''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chronic pain affects the veteran population, with
almost 60 percent of veterans returning from serving in the
Armed Forces in the Middle East, and more than 50 percent of
older veterans, who are using the health care system of the
Department of Veterans Affairs living with some form of chronic
pain.
(2) In 2020, opioids accounted for approximately 75 percent
of all drug overdose deaths in the United States.
(3) Veterans are twice as likely to die from opioid-related
overdoses than nonveterans.
(4) States with recreational cannabis laws experienced a
7.6 percent reduction in opioid-related emergency department
visits during the 180-day period after the implementation of
such laws.
(5) Marijuana and its compounds show promise for pain
management and treating a wide-range of diseases and disorders,
including post-traumatic stress disorder.
(6) Medical marijuana in States where it is legal may serve
as a less harmful alternative to opioids in treating veterans.
SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL MARIJUANA.
(a) Safe Harbor.--Notwithstanding the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or any other Federal law, it shall not be
unlawful for--
(1) a veteran to use, possess, or transport medical
marijuana in a State or on Indian land if the use, possession,
or transport is authorized and in accordance with the law of
the applicable State or Indian Tribe;
(2) a physician to discuss with a veteran the use of
medical marijuana as a treatment if the physician is in a State
or on Indian land where the law of the applicable State or
Indian Tribe authorizes the use, possession, distribution,
dispensation, administration, delivery, and transport of
medical marijuana; or
(3) a physician to recommend, complete forms for, or
register veterans for participation in a treatment program
involving medical marijuana that is approved by the law of the
applicable State or Indian Tribe.
(b) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' means any of the
Indian lands, as that term is defined in section 824(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1680n).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Physician.--The term ``physician'' means a physician
appointed by the Secretary of Veterans Affairs under section
7401(1) of title 38, United States Code.
(4) State.--The term ``State'' has the meaning given that
term in section 102 of the Controlled Substances Act (21 U.S.C.
802).
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
(c) Sunset.--This section shall cease to have force or effect on
the date that is five years after the date of the enactment of this
Act.
SEC. 4. RESEARCH ON USE OF MEDICAL MARIJUANA BY VETERANS.
(a) Research on Effects of Medical Marijuana on Veterans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall support clinical research on the use of medical
marijuana--
(A) by veterans to manage pain; and
(B) for the treatment of veterans for diseases and
disorders such as post-traumatic stress disorder.
(2) Interagency coordination.--The Secretary shall
coordinate and collaborate with other relevant Federal agencies
to support and facilitate clinical research under paragraph
(1).
(3) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the ongoing clinical research supported by the
Secretary under paragraph (1), which shall include such
recommendations for legislative or administrative action as the
Secretary considers appropriate to continue to support the
management of pain and the treatment of diseases and disorders
of veterans.
(b) Study on Use by Veterans of State Medical Marijuana Programs.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall conduct a study
on the relationship between treatment programs involving
medical marijuana that are approved by States, the access of
veterans to such programs, and a reduction in opioid use and
misuse among veterans.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed, the
Secretary shall submit to Congress a report on the study, which
shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate.
(c) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given that term in section 101 of title 38, United States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs such sums as may be
necessary to carry out this section.
<all>
</pre></body></html>
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118S1205 | Local Farms and Food Act of 2023 | [
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"sponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
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"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"F000479",
"Sen. Fetterman, John [D-PA]",
"cosponsor"
],
[
"B001267",
"Sen.... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1205 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1205
To modify market development programs under the Department of
Agriculture, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Brown (for himself, Ms. Smith, Mr. Welch, and Mr. Fetterman)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To modify market development programs under the Department of
Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Farms and Food Act of 2023''.
SEC. 2. LOCAL AGRICULTURE MARKET PROGRAM REFORM.
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) through (13) as
paragraphs (6) through (14), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Food hub.--The term `food hub' means a business or
organization that actively manages the aggregation,
distribution, and marketing of source-identified food products
to multiple buyers from multiple producers, who are primarily
local and regional producers, to strengthen the ability of
those producers to satisfy local and regional wholesale,
retail, and institutional demands.'';
(2) in subsection (b)(4), by inserting ``, regional food
chain coordination,'' after ``collaboration'';
(3) in subsection (c)(4), by striking ``stakeholders.'' and
inserting ``stakeholders, including eligible entities described
in subsection (d)(6)(B) that receive a grant by submitting an
application under subsection (d)(6)(D) through a competitive
cooperative agreement with a nongovernmental organization,
before and after providing grants under the Program.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``2019 through
2023'' and inserting ``2024 through 2028'';
(B) in paragraph (2)--
(i) in subparagraph (I), by striking ``or''
at the end;
(ii) in subparagraph (J)(ii), by striking
the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(K) to support the purchase of general purpose
equipment; or
``(L) to support the logistics required for the
redemption of Federal nutrition benefits at direct
producer-to-consumer markets.'';
(C) in paragraph (5)(E)--
(i) by striking ``An eligible entity'' and
inserting the following:
``(i) In general.--Except as provided in
clause (ii), an eligible entity''; and
(ii) by adding at the end the following:
``(ii) Exception.--
``(I) In general.--An eligible
entity described in subparagraph (B)
that has an adjusted gross income of
not more than $250,000 averaged over
the previous 3 years shall contribute
an amount of non-Federal funds in the
form of cash or an in-kind contribution
that is equal to 25 percent of the
amount of Federal funds received.
``(II) Limitation.--The amount of
Federal funds received under a grant by
an eligible entity that provides a
reduced non-Federal contribution in
accordance with subclause (I) may not
exceed $200,000.
``(III) Required documentation.--
The Secretary shall consider a letter
from an accountant stating that the
adjusted gross income of an eligible
entity described in subparagraph (B) is
not more than $250,000 averaged over
the previous 3 years, based on the line
on Internal Revenue Service form 1040
that describes adjusted gross income,
sufficient to demonstrate eligibility
for a reduced non-Federal contribution
under subclause (I).''; and
(D) in paragraph (6)--
(i) in subparagraph (B)--
(I) by redesignating clauses (vii)
and (viii) as clauses (viii) and (ix),
respectively; and
(II) by inserting after clause (vi)
the following:
``(vii) a food hub;'';
(ii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by inserting ``, outreach, and
technical assistance'' after
``applications'';
(II) in clause (i)--
(aa) by inserting ``would''
before ``benefit''; and
(bb) by striking ``or'' at
the end;
(III) by redesignating clause (ii)
as clause (iii);
(IV) by inserting after clause (i)
the following:
``(ii) would provide greater geographic
balance relative to the benefits of the
Program; or''; and
(V) in clause (iii) (as so
redesignated), by striking ``are used''
and inserting ``would be used'';
(iii) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F),
respectively;
(iv) by inserting after subparagraph (C)
the following:
``(D) Simplified applications.--
``(i) In general.--The Secretary shall
establish a simplified `turnkey' application
form for eligible entities described in
subparagraph (B) that--
``(I) request less than $100,000;
and
``(II) chose from the project
categories described in clause (ii),
which shall include a specific, limited
set of key activities with predefined
requirements established by the
Secretary.
``(ii) Project categories.--
``(I) Direct-to-consumer
projects.--In the case of a direct-to-
consumer project, an application form
described in clause (i) shall be
available for the following categories
of projects:
``(aa) An outreach and
promotion project.
``(bb) A project to provide
funding for farmers market
manager staff time.
``(cc) A project to provide
vendor training.
``(dd) A planning and
design project.
``(ee) A data collection
and evaluation project.
``(II) Local and regional food
markets and enterprise projects.--In
the case of a local and regional food
market and enterprise project, an
application form described in clause
(i) shall be available for the
following categories of projects:
``(aa) A food hub
feasibility study project.
``(bb) A project to provide
funding for regional food chain
coordination staff time.
``(cc) A project to provide
technical assistance.
``(dd) A data collection
and evaluation project.
``(ee) A project to
purchase general purpose
equipment.
``(iii) General purpose equipment grants.--
In the case of a project described in clause
(ii)(II)(ee), the Secretary, acting through the
Administrator of the Agricultural Marketing
Service, in coordination with the Administrator
of the Rural Business-Cooperative Service,
shall fulfill the applicable documentation and
monitoring requirements under sections 200.313
and 200.439 of title 2, Code of Federal
Regulations (as in effect on the date of
enactment of this clause).''; and
(v) in subparagraph (E) (as so
redesignated), by striking clause (ii) and
inserting the following:
``(ii) Exception.--An eligible entity
described in subparagraph (B) may use--
``(I) not more than $100,000 of the
amount of a grant for an eligible
activity described in subparagraph (J)
or (K) of paragraph (2)--
``(aa) to purchase or
upgrade equipment to improve
food safety; or
``(bb) to purchase general
purpose equipment; and
``(II) any amount of a grant to
purchase general purpose equipment in
accordance with subparagraph
(D)(ii)(II)(ee).'';
(5) in subsection (e)(2)(A), by striking ``2019'' and all
that follows through the period at the end and inserting the
following: ``2024 through 2028 to support partnerships--
``(i) to plan a local or regional food
system;
``(ii) to implement a local or regional
food system plan;
``(iii) to develop and implement a regional
food chain coordination project; and
``(iv) to develop and implement a regional
outreach, technical assistance, and evaluation
project.'';
(6) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``subsection
(d); or'' and inserting ``subsection (d)(5);''
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) are eligible to submit an application in
accordance with subsection (d)(6)(D); or''; and
(7) in subsection (i)--
(A) in paragraph (1), by striking ``$50,000,000 for
fiscal year 2019'' and inserting ``$75,000,000 for
fiscal year 2024'';
(B) in paragraph (2), by striking ``$20,000,000 for
fiscal year 2019'' and inserting ``$30,000,000 for
fiscal year 2024''; and
(C) in paragraph (3)(B)--
(i) by striking ``Of the funds'' and
inserting the following:
``(i) In general.--Of the funds''; and
(ii) by adding at the end the following:
``(ii) Simplified applications.--Of the
funds made available for grants under
subsection (d)(6) for a fiscal year, not less
than 25 percent, and not more than 50 percent,
shall be used to provide grants to eligible
entities that submit an application in
accordance with subsection (d)(6)(D).''.
SEC. 3. FUNDING FOR THE SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3007(a)) is amended by striking ``Of the funds'' and all
that follows through the period at the end and inserting the following:
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use to
carry out and expand the seniors farmers' market nutrition
program $20,600,000 for each of fiscal years 2024 through 2028.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2024 through 2028.''.
SEC. 4. FEDERAL SHARE FOR ACTIVITIES UNDER GUS SCHUMACHER NUTRITION
INCENTIVE PROGRAM.
Section 4405(b)(1)(C) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517(b)(1)(C)) is amended by striking ``50'' and
inserting ``75''.
SEC. 5. PANEL TO REVIEW PRODUCE PRESCRIPTION PROGRAM APPLICATIONS.
Section 4405(c)(3) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517(c)(3)) is amended by adding at the end the
following:
``(C) Panel to review applications.--
``(i) In general.--The Secretary shall
establish a panel--
``(I) to review applications
submitted to the Secretary pursuant to
this paragraph; and
``(II) to make recommendations to
the Secretary with respect to those
applications.
``(ii) Members.--The panel required under
clause (i) shall include--
``(I) at least 1 member with
experience as a healthcare provider;
and
``(II) at least 1 member with
experience administering health
plans.''.
<all>
</pre></body></html>
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118S1206 | Do No Harm Act | [
[
"B001288",
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[
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],
[
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1206 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1206
To amend the Religious Freedom Restoration Act of 1993 to protect civil
rights and otherwise prevent meaningful harm to third parties, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Booker (for himself, Mr. Blumenthal, Ms. Cortez Masto, Ms. Baldwin,
Mr. Merkley, Mr. Markey, Mr. Sanders, Mr. Reed, Mr. Hickenlooper, Ms.
Cantwell, Mr. Whitehouse, Ms. Warren, Mr. Padilla, Mrs. Feinstein, Mr.
Menendez, Mr. Van Hollen, Mrs. Shaheen, Ms. Klobuchar, Mr. Wyden, Mr.
Heinrich, Mr. Cardin, Ms. Stabenow, Mr. Carper, Ms. Duckworth, Mr.
Durbin, Mr. Brown, and Mr. Lujan) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Religious Freedom Restoration Act of 1993 to protect civil
rights and otherwise prevent meaningful harm to third parties, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do No Harm Act''.
SEC. 2. EXCEPTION FROM APPLICATION OF ACT WHERE FEDERAL LAW PREVENTS
HARM TO OTHERS.
Section 3 of the Religious Freedom Restoration Act of 1993 (42
U.S.C. 2000bb-1) is amended by adding at the end the following:
``(d) Additional Exception From Application of Act Where Federal
Law Prevents Harm to Others.--Subsections (a), (b), and (c) do not
apply to--
``(1) any provision of law or its implementation that
provides for or requires--
``(A) a protection against discrimination or the
promotion of equal opportunity, including the Civil
Rights Act of 1964 (42 U.S.C. 2000a et seq.), the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), Executive Order 11246
(42 U.S.C. 2000e note; relating to equal employment
opportunity), and the Violence Against Women Act of
1994 (42 U.S.C. 13925 et seq.);
``(B) an employer to provide a wage, other
compensation, or a benefit, including leave, or a
standard protecting collective activity in the
workplace;
``(C) a protection against child labor, child
abuse, or child exploitation; or
``(D) access to, information about, a referral for,
provision of, or coverage for, any health care item or
service;
``(2) any term of a government contract, grant, cooperative
agreement, or other award, that provides funds directly or
indirectly, and that requires a good, service, function, or
activity to be performed for or provided to a beneficiary of or
a participant in a program or activity funded, directly or
indirectly, by a government contract, grant, cooperative
agreement, or other award; or
``(3) the extent that application would result in denying a
person the full and equal enjoyment of a good, service,
benefit, facility, privilege, advantage, or accommodation
provided by the government.''.
SEC. 3. CLARIFICATION OF PRECLUSION OF LITIGATION BETWEEN PRIVATE
PARTIES.
(a) Purpose.--The purpose of the amendment made by subsection (b)
is to clarify the applicability of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb et seq.).
(b) Preclusion.--Section 3(c) of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-1(c)) is amended, in the first sentence,
by striking ``judicial proceeding'' and all that follows through the
first period and inserting ``judicial proceeding to which a government
is a party and obtain appropriate relief against that government.''.
<all>
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118S1207 | EARN IT Act of 2023 | [
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"H001... | <p><b>Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023 or the EARN IT Act of 2023</b></p> <p>This bill revises the federal framework governing the prevention of online sexual exploitation of children.</p> <p>The bill establishes the National Commission on Online Child Sexual Exploitation Prevention. The commission must develop best practices for interactive computer services providers (e.g., Facebook and Twitter) to prevent, reduce, and respond to the online sexual exploitation of children.</p> <p>Additionally, the bill limits the liability protections of interactive computer service providers with respect to claims alleging violations of child sexual exploitation laws.</p> <p>The bill replaces various statutory references to <em>child pornography</em> and <em>material that contains child pornography</em> with <em>child sexual abuse material</em>.</p> <p>Finally, the bill makes changes to the reporting requirements for electronic communication service providers and remote computing service providers (providers) who report apparent instances of crimes involving the sexual exploitation of children to the National Center for Missing and Exploited Children. Among the changes, the bill requires providers to report facts and circumstances sufficient to identify and locate each minor and each involved individual. The bill also increases the amount of time that providers must preserve the contents of a report. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1207 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1207
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Graham (for himself, Mr. Blumenthal, Mr. Grassley, Mr. Durbin, Mrs.
Hyde-Smith, Mrs. Feinstein, Mr. Hawley, Ms. Cortez Masto, Mr. Tillis,
Ms. Hassan, Ms. Ernst, Mr. Warner, Ms. Murkowski, Mr. Whitehouse, Ms.
Collins, Ms. Hirono, Mr. Cruz, Mr. Rubio, Mr. Cornyn, Mr. Kennedy, and
Mrs. Blackburn) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a National Commission on Online Child Sexual Exploitation
Prevention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Abusive and Rampant
Neglect of Interactive Technologies Act of 2023'' or the ``EARN IT Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on Online Child Sexual Exploitation Prevention.
(2) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)).
SEC. 3. NATIONAL COMMISSION ON ONLINE CHILD SEXUAL EXPLOITATION
PREVENTION.
(a) Establishment.--There is established a National Commission on
Online Child Sexual Exploitation Prevention.
(b) Purpose.--The purpose of the Commission is to develop
recommended best practices that providers of interactive computer
services may choose to implement to prevent, reduce, and respond to the
online sexual exploitation of children, including the enticement, sex
trafficking, and sexual abuse of children and the proliferation of
online child sexual abuse material.
(c) Membership.--
(1) Composition.--
(A) In general.--The Commission shall be composed
of 19 members.
(B) Agency heads.--The following Federal officials
shall serve as members of the Commission:
(i) The Attorney General or his or her
representative.
(ii) The Secretary of Homeland Security or
his or her representative.
(iii) The Chairman of the Federal Trade
Commission or his or her representative.
(C) Other members.--Of the remaining 16 members of
the Commission--
(i) 4 shall be appointed by the majority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(ii) 4 shall be appointed by the minority
leader of the Senate, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D);
(iii) 4 shall be appointed by the Speaker
of the House of Representatives, of whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D); and
(iv) 4 shall be appointed by the minority
leader of the House of Representatives, of
whom--
(I) 1 shall have the qualifications
required under clause (i) or (ii) of
paragraph (2)(A);
(II) 1 shall have the
qualifications required under paragraph
(2)(B);
(III) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(C); and
(IV) 1 shall have the
qualifications required under clause
(i) or (ii) of paragraph (2)(D).
(2) Qualifications.--Of the 16 members of the Commission
appointed under paragraph (1)(C)--
(A) 4 shall have current experience in
investigating online child sexual exploitation crimes,
of whom--
(i) 2 shall have such experience in a law
enforcement capacity; and
(ii) 2 shall have such experience in a
prosecutorial capacity;
(B) 4 shall be survivors of online child sexual
exploitation, or have current experience in providing
services for victims of online child sexual
exploitation in a non-governmental capacity;
(C)(i) 2 shall have current experience in matters
related to consumer protection, civil liberties, civil
rights, or privacy; and
(ii) 2 shall have current experience in computer
science or software engineering related to matters of
cryptography, data security, or artificial intelligence
in a non-governmental capacity; and
(D) 4 shall be individuals who each currently work
for an interactive computer service that is unrelated
to each other interactive computer service represented
under this subparagraph, representing diverse types of
businesses and areas of professional expertise, of
whom--
(i) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with not less than 30,000,000
monthly users in the United States; and
(ii) 2 shall have current experience in
addressing online child sexual exploitation and
promoting child safety at an interactive
computer service with less than 10,000,000
monthly users in the United States.
(3) Date.--The initial appointments of members to the
Commission under paragraph (1)(C) shall be made not later than
90 days after the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--A member of the Commission
shall be appointed for a term of 5 years.
(2) Vacancies.--
(A) Effect on commission.--Any vacancy in the
Commission shall not affect the powers of the
Commission.
(B) Filling of vacancies.--A vacancy in the
Commission shall be filled in the same manner as the
original appointment under subsection (c)(1).
(e) Initial Meeting.--The Commission shall hold the first meeting
of the Commission not later than 60 days after the date on which a
majority of the members of the Commission have been appointed.
(f) Chairperson.--The Attorney General or his or her representative
shall serve as the Chairperson of the Commission.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold a meeting.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson.
(i) Authority of Commission.--The Commission may, for the purpose
of carrying out this section and section 4, hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate.
(j) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this section and
section 4.
(2) Furnishing information.--Upon request of the
Chairperson of the Commission for information under paragraph
(1), the head of a Federal department or agency shall furnish
the information to the Commission, unless the information is
subject to an active investigation or otherwise privileged or
confidential.
(k) Travel Expenses.--A member of the Commission shall serve
without compensation, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular places of business of the
member in the performance of services for the Commission.
(l) Duration.--Section 1013 of title 5, United States Code, shall
not apply to the Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Recommended Best Practices.--
(1) Initial recommendations.--
(A) In general.--Not later than 18 months after the
date on which a majority of the members of the
Commission required to be appointed under section
3(c)(1)(C) have been so appointed, the Commission shall
develop and submit to the Attorney General recommended
best practices that providers of interactive computer
services may choose to engage in to prevent, reduce,
and respond to the online sexual exploitation of
children, including the enticement, sex trafficking,
and sexual abuse of children and the proliferation of
online child sexual abuse material.
(B) Requirements.--
(i) Alternative best practices.--The best
practices required to be developed and
submitted under subparagraph (A) shall include
alternatives that take into consideration--
(I) the size, type of product, and
business model of a provider of an
interactive computer service;
(II) whether an interactive
computer service--
(aa) is made available to
the public;
(bb) is primarily
responsible for hosting,
storage, display, and retrieval
of information on behalf of
third parties, including
providers of other interactive
computer services; or
(cc) provides the
capability to transmit data to
and receive data from all or
substantially all internet
endpoints on behalf of a
consumer; and
(III) whether a type of product,
business model, product design, or
other factors related to the provision
of an interactive computer service
could make a product or service
susceptible to the use and facilitation
of online child sexual exploitation.
(ii) Scope.--Notwithstanding paragraph (3),
the alternatives described in clause (i) of
this subparagraph may exclude certain matters
required to be addressed under paragraph (3),
as the Commission determines appropriate based
on the nature of particular products or
services, the factors described in such clause
(i), or other factors relevant to the purposes
of this Act.
(2) Support requirement.--The Commission may only recommend
the best practices under paragraph (1) if not fewer than 14
members of the Commission support the best practices.
(3) Matters addressed.--The matters addressed by the
recommended best practices developed and submitted by the
Commission under paragraph (1) shall include--
(A) preventing, identifying, disrupting, and
reporting online child sexual exploitation;
(B) coordinating with non-profit organizations and
other providers of interactive computer services to
preserve, remove from view, and report online child
sexual exploitation;
(C) retaining child sexual exploitation content and
related user identification and location data;
(D) receiving and triaging reports of online child
sexual exploitation by users of interactive computer
services, including self-reporting;
(E) implementing a standard rating and
categorization system to identify the type and severity
of child sexual abuse material;
(F) training and supporting content moderators who
review child sexual exploitation content for the
purposes of preventing and disrupting online child
sexual exploitation;
(G) preparing and issuing transparency reports,
including disclosures in terms of service, relating to
identifying, categorizing, and reporting online child
sexual exploitation and efforts to prevent and disrupt
online child sexual exploitation;
(H) coordinating with voluntary initiatives offered
among and to providers of interactive computer services
relating to identifying, categorizing, and reporting
online child sexual exploitation;
(I) employing age rating and age gating systems to
reduce online child sexual exploitation;
(J) offering parental control products that enable
customers to limit the types of websites, social media
platforms, and internet content that are accessible to
children; and
(K) contractual and operational practices to ensure
third parties, contractors, and affiliates comply with
the best practices.
(4) Relevant considerations.--In developing best practices
under paragraph (1), the Commission shall consider--
(A) the cost and technical limitations of
implementing the best practices;
(B) the impact on competition, product and service
quality, data security, and privacy;
(C) the impact on the ability of law enforcement
agencies to investigate and prosecute child sexual
exploitation and rescue victims; and
(D) the current state of technology.
(5) Periodic updates.--Not less frequently than once every
5 years, the Commission shall update and resubmit to the
Attorney General recommended best practices under paragraph
(1).
(b) Publication of Best Practices.--Not later than 30 days after
the date on which the Commission submits recommended best practices
under subsection (a), including updated recommended best practices
under paragraph (5) of that subsection, the Attorney General shall
publish the recommended best practices on the website of the Department
of Justice and in the Federal Register.
SEC. 5. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL ABUSE.
Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e))
is amended by adding at the end the following:
``(6) No effect on child sexual exploitation law.--Nothing
in this section (other than subsection (c)(2)(A)) shall be
construed to impair or limit--
``(A) any claim in a civil action brought against a
provider of an interactive computer service under
section 2255 of title 18, United States Code, if the
conduct underlying the claim constitutes a violation of
section 2252 or section 2252A of that title;
``(B) any charge in a criminal prosecution brought
against a provider of an interactive computer service
under State law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code; or
``(C) any claim in a civil action brought against a
provider of an interactive computer service under State
law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code.
``(7) Encryption technologies.--
``(A) In general.--Notwithstanding paragraph (6),
none of the following actions or circumstances shall
serve as an independent basis for liability of a
provider of an interactive computer service for a claim
or charge described in that paragraph:
``(i) The provider utilizes full end-to-end
encrypted messaging services, device
encryption, or other encryption services.
``(ii) The provider does not possess the
information necessary to decrypt a
communication.
``(iii) The provider fails to take an
action that would otherwise undermine the
ability of the provider to offer full end-to-
end encrypted messaging services, device
encryption, or other encryption services.
``(B) Consideration of evidence.--Nothing in
subparagraph (A) shall be construed to prohibit a court
from considering evidence of actions or circumstances
described in that subparagraph if the evidence is
otherwise admissible.''.
SEC. 6. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.
(a) Sense of Congress.--It is the sense of Congress that the term
``child sexual abuse material'' has the same legal meaning as the term
``child pornography'', as that term was used in Federal statutes and
case law before the date of enactment of this Act.
(b) Amendments.--
(1) Title 5, united states code.--Chapter 65 of title 5,
United States Code, is amended--
(A) in section 6502(a)(2)(B), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in section 6504(c)(2)(F), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 307(b)(3)(D) (6 U.S.C.
187(b)(3)(D)), by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(B) in section 890A (6 U.S.C. 473)--
(i) in subsection (b)(2)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(ii) in subsection (e)(3)(B)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''.
(3) Immigration and nationality act.--Section 101(a)(43)(I)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(4) Small business jobs act of 2010.--Section 3011(c) of
the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(5) Broadband data improvement act.--Section 214(a)(2) of
the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(7) Title 18, united states code.--Title 18, United States
Code, is amended--
(A) in section 1956(c)(7)(D), by striking ``child
pornography'' each place the term appears and inserting
``child sexual abuse material'';
(B) in chapter 110--
(i) in section 2251(e), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(ii) in section 2252(b)--
(I) in paragraph (1), by striking
``child pornography'' and inserting
``child sexual abuse material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(iii) in section 2252A--
(I) in the section heading, by
striking ``material constituting or
containing child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(bb) in paragraph (2)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``material
that contains child
pornography'' and
inserting ``child
sexual abuse
material'';
(cc) in paragraph (3)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(dd) in paragraph (4)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(ee) in paragraph (5)--
(AA) in
subparagraph (A), by
striking ``material
that contains an image
of child pornography''
and inserting ``item
containing child sexual
abuse material''; and
(BB) in
subparagraph (B), by
striking ``material
that contains an image
of child pornography''
and inserting ``item
containing child sexual
abuse material''; and
(ff) in paragraph (7)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
the period at the end
and inserting a comma;
(III) in subsection (b)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (2), by
striking ``child pornography''
each place the term appears and
inserting ``child sexual abuse
material'';
(IV) in subsection (c)--
(aa) in paragraph (1)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in the undesignated
matter following paragraph (2),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(V) in subsection (d)(1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(VI) in subsection (e), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material'';
(iv) in section 2256(8)--
(I) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and
(II) by striking the period at the
end and inserting a semicolon;
(v) in section 2257A(h)--
(I) in paragraph (1)(A)(iii)--
(aa) by inserting a comma
after ``marketed'';
(bb) by striking ``such
than'' and inserting ``such
that''; and
(cc) by striking ``a visual
depiction that is child
pornography'' and inserting
``child sexual abuse
material''; and
(II) in paragraph (2), by striking
``any visual depiction that is child
pornography'' and inserting ``child
sexual abuse material'';
(vi) in section 2258A--
(I) in subsection (a)(2)--
(aa) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (b)--
(aa) in paragraph (4)--
(AA) in the
paragraph heading, by
striking ``Visual
depictions of apparent
child pornography'' and
inserting ``Apparent
child sexual abuse
material''; and
(BB) by striking
``visual depiction of
apparent child
pornography'' and
inserting ``apparent
child sexual abuse
material''; and
(bb) in paragraph (5), by
striking ``visual depiction of
apparent child pornography''
and inserting ``apparent child
sexual abuse material''; and
(III) in subsection (g)(2)(B), by
striking ``visual depictions of
apparent child pornography'' and
inserting ``apparent child sexual abuse
material'';
(vii) in section 2258C--
(I) in the section heading, by
striking ``Use to combat child
pornography of technical elements
relating to reports made to the
CyberTipline'' and inserting ``Use of
technical elements from reports made to
the CyberTipline to combat child sexual
abuse material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``the actual visual
depictions of apparent child
pornography'' and inserting
``any apparent child sexual
abuse material'';
(III) in subsection (d), by
striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction''; and
(IV) in subsection (e), by striking
``child pornography visual depiction''
and inserting ``child sexual abuse
material visual depiction'';
(viii) in section 2259--
(I) in paragraph (b)(2)--
(aa) in the paragraph
heading, by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in the matter
preceding subparagraph (A), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (c)--
(aa) in paragraph (1)--
(AA) in the
paragraph heading, by
striking ``Child
pornography
production'' and
inserting ``Production
of child sexual abuse
material'';
(BB) by striking
``child pornography
production'' and
inserting ``production
of child sexual abuse
material''; and
(CC) by striking
``production of child
pornography'' and
inserting ``production
of child sexual abuse
material'';
(bb) in paragraph (2), in
the matter preceding
subparagraph (A), by striking
``trafficking in child
pornography offenses'' each
place the term appears and
inserting ``offenses for
trafficking in child sexual
abuse material''; and
(cc) in paragraph (3)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(III) in subsection (d)(1)--
(aa) in subparagraph (A)--
(AA) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material''; and
(BB) by striking
``Child Pornography
Victims Reserve'' and
inserting ``Reserve for
Victims of Child Sexual
Abuse Material'';
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(cc) in subparagraph (C)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
``Child Pornography
Victims Reserve'' and
inserting ``Reserve for
Victims of Child Sexual
Abuse Material'';
(ix) in section 2259A--
(I) in the section heading, by
striking ``child pornography cases''
and inserting ``cases involving child
sexual abuse material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``a child pornography
production offense'' and
inserting ``an offense for
production of child sexual
abuse material''; and
(III) in subsection (d)(2)(B), by
striking ``child pornography production
or trafficking offense that the
defendant committed'' and inserting
``offense for production of child
sexual abuse material or trafficking in
child sexual abuse material committed
by the defendant''; and
(x) in section 2259B--
(I) in the section heading, by
striking ``Child pornography victims
reserve'' and inserting ``Reserve for
child sexual abuse material'';
(II) in subsection (a), by striking
``Child Pornography Victims Reserve''
each place the term appears and
inserting ``Reserve for Victims of
Child Sexual Abuse Material'';
(III) in subsection (b), by
striking ``Child Pornography Victims
Reserve'' each place the term appears
and inserting ``Reserve for Victims of
Child Sexual Abuse Material''; and
(IV) in subsection (c), by striking
``Child Pornography Victims Reserve''
and inserting ``Reserve for Victims of
Child Sexual Abuse Material'';
(C) in chapter 117--
(i) in section 2423(f)(3), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in section 2427--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material'';
(D) in section 2516--
(i) in paragraph (1)(c), by striking
``material constituting or containing child
pornography'' and inserting ``child sexual
abuse material''; and
(ii) in paragraph (2), by striking ``child
pornography production'' and inserting
``production of child sexual abuse material'';
(E) in section 3014(h)(3), by striking ``child
pornography victims'' and inserting ``victims of child
sexual abuse material'';
(F) in section 3509--
(i) in subsection (a)(6), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subsection (m)--
(I) in the subsection heading, by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material'';
(II) in paragraph (1), by striking
``property or material that constitutes
child pornography (as defined by
section 2256 of this title)'' and
inserting ``child sexual abuse material
(as defined by section 2256 of this
title), or property or items containing
such material,'';
(III) in paragraph (2)--
(aa) in subparagraph (A)--
(AA) by striking
``property or material
that constitutes child
pornography (as defined
by section 2256 of this
title)'' and inserting
``child sexual abuse
material (as defined by
section 2256 of this
title), or property or
items containing such
material,''; and
(BB) by striking
``the property or
material'' and
inserting ``the child
sexual abuse material,
property, or items'';
and
(bb) in subparagraph (B),
by striking ``property or
material'' each place the term
appears and inserting ``child
sexual abuse material,
property, or items''; and
(IV) in paragraph (3)--
(aa) by striking ``property
or material that constitutes
child pornography, as defined
under section 2256(8)'' and
inserting ``child sexual abuse
material (as defined by section
2256 of this title)'';
(bb) by striking ``such
child pornography'' and
inserting ``such child sexual
abuse material''; and
(cc) by striking ``Such
property or material'' and
inserting ``Such child sexual
abuse material''; and
(G) in section 3632(d)(4)(D)(xlii), by striking
``material constituting or containing child
pornography'' and inserting ``child sexual abuse
material''.
(8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff
Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(9) Elementary and secondary education act of 1965.--
Section 4121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7131) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in subsection (e)(5)--
(i) in the paragraph heading, by striking
``Child pornography'' and inserting ``Child
sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(10) Museum and library services act.--Section 224(f) of
the Museum and Library Services Act (20 U.S.C. 9134(f)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subparagraph (B)(i)(II), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(B) in paragraph (7)(A)--
(i) in the subparagraph heading, by
striking ``Child pornography'' and inserting
``Child sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(11) Omnibus crime control and safe streets act of 1968.--
Section 3031(b)(3) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(12) Juvenile justice and delinquency prevention act of
1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--
(A) in clause (i)(I)(aa), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in clause (ii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(13) Victims of crime act of 1984.--Section 1402(d)(6)(A)
of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A))
is amended by striking ``Child Pornography Victims Reserve''
and inserting ``Reserve for Victims of Child Sexual Abuse
Material''.
(14) Victims of child abuse act of 1990.--The Victims of
Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
(A) in section 212(4) (34 U.S.C. 20302(4)), by
striking ``child pornography'' and inserting ``child
sexual abuse material'';
(B) in section 214(b) (34 U.S.C. 20304(b))--
(i) in the subsection heading, by striking
``Child Pornography'' and inserting ``Child
Sexual Abuse Material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)),
by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(15) Sex offender registration and notification act.--
Section 111 of the Sex Offender Registration and Notification
Act (34 U.S.C. 20911) is amended--
(A) in paragraph (3)(B)(iii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in paragraph (7)(G), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(16) Adam walsh child protection and safety act of 2006.--
Section 143(b)(3) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking
``child pornography and enticement cases'' and inserting
``cases involving child sexual abuse material and enticement of
children''.
(17) PROTECT our children act of 2008.--The PROTECT Our
Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
(A) in section 101(c) (34 U.S.C. 21111(c))--
(i) in paragraph (16)--
(I) in the matter preceding
subparagraph (A), by striking ``child
pornography trafficking'' and inserting
``trafficking in child sexual abuse
material'';
(II) in subparagraph (A), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(III) in subparagraph (B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(IV) in subparagraph (C), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(V) in subparagraph (D), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(ii) in paragraph (17)(A), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in section 105(e)(1)(C) (34 U.S.C.
21115(e)(1)(C)), by striking ``child pornography
trafficking'' and inserting ``trafficking in child
sexual abuse material''.
(18) Social security act.--Section 471(a)(20)(A)(i) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by
striking ``child pornography'' and inserting ``offenses
involving child sexual abuse material''.
(19) Privacy protection act of 1980.--Section 101 of the
Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
(A) in subsection (a)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in subsection (b)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(20) Child care and development block grant act of 1990.--
Section 658H(c)(1) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
(A) in subparagraph (D)(iii), by striking ``child
pornography'' and inserting ``offenses relating to
child sexual abuse material''; and
(B) in subparagraph (E), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
(A) in section 223 (47 U.S.C. 223)--
(i) in subsection (a)(1)--
(I) in subparagraph (A), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(II) in subparagraph (B), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(ii) in subsection (d)(1), in the
undesignated matter following subparagraph (B),
by striking ``child pornography'' and inserting
``that constitutes child sexual abuse
material''; and
(B) in section 254(h) (47 U.S.C. 254(h))--
(i) in paragraph (5)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(ii) in paragraph (6)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(iii) in paragraph (7)(F)--
(I) in the subparagraph heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''.
(c) Table of Sections Amendments.--
(1) Chapter 110 of title 18.--The table of sections for
chapter 110 of title 18, United States Code, is amended--
(A) by striking the item relating to section 2252A
and inserting the following:
``2252A. Certain activities relating to child sexual abuse material.'';
(B) by striking the item relating to section 2258C
and inserting the following:
``2258C. Use of technical elements from reports made to the
CyberTipline to combat child sexual abuse
material.'';
(C) by striking the item relating to section 2259A
and inserting the following:
``2259A. Assessments in cases involving child sexual abuse material.'';
and
(D) by striking the item relating to section 2259B
and inserting the following:
``2259B. Reserve for victims of child sexual abuse material.''.
(2) Chapter 117 of title 18.--The table of sections for
chapter 117 of title 18, United States Code, is amended by
striking the item relating to section 2427 and inserting the
following:
``2427. Inclusion of offenses relating to child sexual abuse material
in definition of sexual activity for which
any person can be charged with a criminal
offense.''.
(d) Amendment to the Federal Sentencing Guidelines.--Pursuant to
its authority under section 994(p) of title 28, United States Code, and
in accordance with this section, the United States Sentencing
Commission shall amend the Federal sentencing guidelines, including
application notes, to replace the terms ``child pornography'' and
``child pornographic material'' with ``child sexual abuse material''.
(e) Effective Date.--The amendments made by this section to title
18 of the United States Code shall apply to conduct that occurred
before, on, or after the date of enactment of this Act.
SEC. 7. MODERNIZING THE CYBERTIPLINE.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A, as amended by section 6(b) of this
Act--
(A) in subsection (a)--
(i) in paragraph (1)(B)(ii), by inserting
after ``facts or circumstances'' the following:
``, including any available facts or
circumstances sufficient to identify and locate
each minor and each involved individual,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``1591 (if the
violation involves a minor),'' before
``2251,''; and
(II) by striking ``or 2260'' and
inserting ``2260, or 2422(b)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``or location''
after ``identity''; and
(II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,'';
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (3) through (6),
respectively;
(iii) by inserting after paragraph (1) the
following:
``(2) Information about the involved minor.--Information
relating to the identity or location of any involved minor,
which may, to the extent reasonably practicable, include the
electronic mail address, Internet Protocol address, uniform
resource locator, or any other information which may identify
or locate any involved minor, including self-reported
identifying information.''; and
(iv) by adding at the end the following:
``(7) Formatting of reports.--When in its discretion a
provider voluntarily includes any content described in this
subsection in a report to the CyberTipline, the provider shall
use best efforts to ensure that the report conforms with the
structure of the CyberTipline.''; and
(C) in subsection (d)(5)(B)--
(i) in clause (i), by striking
``forwarded'' and inserting ``made available'';
and
(ii) in clause (ii), by striking
``forwarded'' and inserting ``made available'';
(2) in section 2258B--
(A) in subsection (a)--
(i) by striking ``arising from the
performance'' and inserting the following: ``,
may not be brought in any Federal or State
court if the claim or charge is directly
attributable to--
``(1) the performance'';
(ii) in paragraph (1), as so designated, by
striking ``may not be brought in any Federal or
State court.'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(2) transmitting, distributing, or mailing child sexual
abuse material to any Federal, State, or local law enforcement
agency, or giving such agency access to child sexual abuse
material, in response to a search warrant, court order, or
other legal process issued by such agency; or
``(3) research voluntarily undertaken by the provider or
domain name registrar using any material being preserved under
section 2258A(h), if the research is only for the purpose of--
``(A) improving or facilitating reporting under
this section, section 2258A, or section 2258C; or
``(B) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)(2)(C)--
(i) by striking ``the performance of'';
(ii) by inserting ``described in or
performed'' after ``function''; and
(iii) by striking ``this section,
sections'' and inserting ``this section or
section''; and
(3) in section 2258C, as amended by section 6(b) of this
Act--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``NCMEC'' and
inserting the following:
``(A) Provision to providers.--NCMEC'';
(II) in subparagraph (A), as so
designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following:
``(B) Provision to non-profit entities.--NCMEC may
provide hash values or similar technical identifiers
associated with visual depictions provided in a
CyberTipline report or submission to the child victim
identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.''; and
(ii) in paragraph (2)--
(I) by inserting ``(A)'' after
``(1)'';
(II) by inserting ``or submission
to the child victim identification
program described in section
404(b)(1)(K)(ii) of the Juvenile
Justice and Delinquency Prevention Act
of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following: ``The elements authorized
under paragraph (1)(B) shall be limited
to hash values or similar technical
identifiers associated with visual
depictions provided in a CyberTipline
report or submission to the child
victim identification program described
in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and
(C) in subsection (d), by inserting ``or to the
child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by striking the
item relating to section 2258C (as amended by section 6(c)(1)(B) of
this Act) and inserting the following:
``2258C. Use of technical elements from reports made to NCMEC to combat
child sexual abuse material.''.
SEC. 8. ELIMINATING NETWORK DISTRIBUTION OF CHILD EXPLOITATION.
Section 2258A(h) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``90 days'' and inserting
``1 year''; and
(2) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline may voluntarily preserve the contents provided
in the report (including any comingled content described in
paragraph (2)) for longer than 1 year after the submission to
the CyberTipline for the purpose of reducing the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children.''.
SEC. 9. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD EXPLOITATION.
Title IV of the Juvenile Justice and Delinquency Prevention Act of
1974 (34 U.S.C. 11291 et seq.) is amended--
(1) by redesignating section 409 (34 U.S.C. 11297) as
section 410; and
(2) by inserting after section 408 (34 U.S.C. 11296) the
following:
``SEC. 409. IT SOLUTIONS RELATING TO COMBATING ONLINE CHILD
EXPLOITATION.
``(a) Development of IT Solutions.--The Administrator shall enable
the development of information technology solutions and the creation
and acquisition of innovative tools to implement updates, improvements,
and modernization needed to enhance efforts to combat online child
exploitation in order to ensure that consistent, actionable information
is provided to law enforcement agencies, including Internet Crimes
Against Children (commonly known as `ICAC') task forces.
``(b) Consultation With Partners.--In developing the information
technology solutions under subsection (a), the Administrator shall
solicit input from all partners in the effort to combat online child
exploitation, including the Center, ICAC task forces, the Federal
Bureau of Investigation, the Department of Homeland Security, U.S.
Immigration and Customs Enforcement, Homeland Security Investigations,
and the United States Marshals Service.
``(c) Funding.--Each fiscal year, the Administrator shall carry out
this section using not less than $1,000,000 of the amounts made
available to carry out this title for that fiscal year.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 11. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this Act and the amendments made by this Act, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
<all>
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118S1208 | Dignity for Detained Immigrants Act of 2023 | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
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[
"S000033",... | <p><b>Dignity for Detained Immigrants Act of 2023 </b></p> <p>This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals (<i>aliens</i> under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues.</p> <p>The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. </p> <p>DHS must report to Congress any death of an individual in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death.</p> <p>DHS may not contract with third parties to operate detention facilities or alternatives to detention programs and must terminate existing contracts within three years of the bill's enactment.</p> <p>The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. </p> <p>DHS must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family.</p> <p>The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1208 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1208
To provide standards for facilities at which aliens in the custody of
the Department of Homeland Security are detained, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Booker (for himself, Mr. Markey, Ms. Warren, Mrs. Murray, Mr.
Sanders, Mr. Welch, and Ms. Duckworth) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide standards for facilities at which aliens in the custody of
the Department of Homeland Security are detained, and for other
purposes.
Be it enacted by the Senate 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 Detained Immigrants Act
of 2023''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that detention, even for a short period
of time, inflicts severe, irreparable harm on children and should be
avoided.
SEC. 3. 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;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. STANDARDS FOR DEPARTMENT OF HOMELAND SECURITY DETENTION
FACILITIES.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall, by regulation, establish
detention standards for each facility at which aliens in the custody of
the Department are detained.
(b) Minimum Protection.--The standards established under subsection
(a) shall provide, at a minimum, the level of protection for detainees
described in the American Bar Association's Civil Immigration Detention
Standards (adopted in August 2012, and as modified in August 2014).
(c) Biennial Updates.--Not less frequently than biennially, the
Secretary shall review and update such standards, as appropriate.
SEC. 5. OVERSIGHT AND TRANSPARENCY.
(a) Periodic Inspections.--
(1) In general.--On a periodic basis, not less frequently
than annually, the Inspector General of the Department
(referred to in this section as the ``Inspector General'')
shall conduct an unannounced, in-person inspection of each
facility at which aliens in the custody of the Department are
detained to ensure that each such facility is in compliance
with the standards established under section 4.
(2) Report.--Not later than 60 days after conducting an
inspection under paragraph (1), the Inspector General shall--
(A) submit a report to the Secretary containing the
results of such inspection; and
(B) make the report available to the public on the
internet website of the Department.
(3) Failure to comply with standards.--
(A) Initial failure.--
(i) In general.--If the Inspector General
determines that a facility has failed to comply
with the standards established under section 4
for the first time during any 2-year period,
and such noncompliance constitutes a deficiency
that threatens the health, safety, or rights of
detainees--
(I) the Inspector General shall
notify the Secretary of such
determination; and
(II) the Secretary shall--
(aa) in the case of a
facility not owned by the
Department, impose a meaningful
fine of not less than 10
percent of the value of the
contract with the facility; and
(bb) in the case of a
facility owned by the
Department--
(AA) issue a
written warning to the
facility not later than
30 days after receiving
such notification from
the Inspector General,
which shall include
remedial measures to be
carried out not later
than 60 days after the
issuance of the
warning; and
(BB) not later than
60 days after the
issuance of a warning
under subitem (AA),
certify to the
Inspector General that
the remedial measures
have been carried out.
(ii) Follow-up inspection.--Not later than
180 days after the date on which the Inspector
General makes a notification under clause
(i)(I), the Inspector General shall conduct an
in-person inspection of the facility to
determine whether the facility has achieved
compliance with the standards established under
section 4.
(B) Subsequent failures.--If the Inspector General
determines that a facility has failed to comply with
the standards established under section 4 in 2 or more
inspections under paragraph (1) during any 2-year
period, and such noncompliance constitutes a deficiency
that threatens the health, safety, or rights of
detainees--
(i) the Inspector General shall notify the
Secretary of such determination; and
(ii) the Secretary shall--
(I) in the case of a facility not
owned by the Department--
(aa) not later than 30 days
after receiving such
notification, transfer each
detainee to a facility that
does so comply; and
(bb) terminate the contract
with the owner or operator of
the facility; and
(II) in the case of a facility
owned by the Department--
(aa) not later than 60 days
after receiving such
notification, transfer each
detainee to a facility that
does so comply; and
(bb) suspend the use of
such facility until such time
as the Inspector General--
(AA) certifies to
the Secretary that the
facility is in
compliance with such
standards; and
(BB) makes
available to the public
on the internet website
of the Department
information relating to
the remedial measures
taken.
(b) Deaths in Custody.--
(1) Notification.--Not later than 24 hours after the death
of an alien in the custody of the Department, the Secretary
shall notify the appropriate committees of Congress of such
death.
(2) Investigations.--
(A) In general.--Not later than 30 days after the
death of an alien in the custody of the Department, the
Secretary shall conduct an investigation into such
death, which shall include a root cause analysis that
identifies any changes to policies, practices, training
curricula, staffing, or potential systemwide errors
that may reduce the probability of such an event in the
future.
(B) Root cause analysis.--Each root cause analysis
required by subparagraph (A) shall be carried out--
(i) by appropriately qualified personnel,
including 1 or more medical professionals
qualified in a field relevant to the cause of
death; and
(ii) in accordance with professional
medical standards for investigating sentinel
events in medical care facilities, including
the Sentinel Event Policy promulgated by The
Joint Commission.
(C) Public report.--Not later than 60 days after
such a death, the Secretary shall--
(i) issue a full report describing the
results of the investigation required by
subparagraph (A); and
(ii) make the report available to the
public on the internet website of the
Department.
(D) Review by inspector general.--Not later than 90
days after the death of an alien in the custody of the
Department, the Inspector General shall conduct a
review of the report issued under subparagraph (C) with
respect to such death.
(3) Definition of death of an alien in the custody of the
department.--The term ``death of an alien in the custody of the
Department'' means the death of an alien occurring while the
alien is under the supervision of the Department, regardless
of--
(A) the location of the death; or
(B) whether the death may have resulted from a
health problem that existed before or during, or was
exacerbated by, the detention of the alien.
(c) Report to Congress.--
(1) In general.--Not less frequently than annually, the
Secretary shall submit to the appropriate committees of
Congress a report on the inspections and oversight of
facilities at which aliens in the custody of the Department are
detained.
(2) Elements.--Each report required by paragraph (1) shall
include, for the preceding year--
(A) a list of detention facilities found by the
Inspector General to be in noncompliance with the
standards established under section 4;
(B) for each such facility, a description of the
remedial actions taken, or planned to be taken, by the
Secretary so as to achieve compliance with such
standards; and
(C) a determination as to whether such remedial
actions have succeeded in bringing the facility into
compliance with such standards.
(d) Classification of Documents for Purposes of FOIA.--The reports
required by subsections (a)(2) and (b)(2)(C) and any contract between
the Department and a private or public entity that provides for the use
of a facility not owned by the Department to detain aliens in the
custody of the Department are considered records for purposes of
section 552 of title 5, United States Code, and do not qualify for the
exception under subsection (b)(4) of such section.
(e) Facilities Matrix.--
(1) In general.--On the first day of each month, the
Secretary shall ensure that a publicly accessible internet
website of the Department contains the information described in
paragraph (2) for each facility at which aliens in the custody
of the Department are detained.
(2) Elements.--The information referred to in paragraph (1)
is, for each such facility, the following:
(A) The name and location of the facility.
(B) Whether the facility houses adults, children,
or both.
(C) The number of beds available in the facility on
the last day of the preceding month, disaggregated by
gender.
(D) The total number of aliens detained in the
facility on the last day of the preceding month,
disaggregated by gender and classification as a child
or as an adult.
(E) Whether the facility is used to detain aliens
for longer than 72 hours.
(F) Whether the facility is used to detain aliens
for longer than 7 days.
(G) The average number of aliens detained in the
facility during the current year and during the
preceding month, disaggregated by gender and
classification as a child or as an adult.
(H) Whether the facility is in compliance with the
standards established under section 4.
(I) In the case of a facility not owned by the
Department, a description of the nature of the contract
providing for the detention of aliens at the facility.
(J) The average, median, 25th quartile, and 50th
quartile number of days that an alien has been detained
at the facility during the preceding month.
(f) Online Detainee Locator System.--The Secretary shall ensure
that the online detainee locator system maintained by the Department,
or any successor system, is updated not later than 12 hours after an
alien is--
(1) taken into, or released from, custody by the
Department;
(2) transferred to, or detained in, a detention facility;
or
(3) removed from the United States.
(g) Information Collected and Maintained Regarding Aliens in DHS
Custody.--The Secretary shall collect and maintain, for each alien in
the custody of the Department, the following information:
(1) The gender and age of the alien.
(2) The date on which the alien was taken into such
custody.
(3) The country of nationality of the alien.
(4) Whether the alien is considered a vulnerable person (as
such term is defined in section 236(c)(5) of the Immigration
and Nationality Act, as amended by section 9) or a primary
caregiver.
(5) The provision of law pursuant to which the Secretary is
authorized to detain the alien.
(6) The name of the facility in which the alien is
detained.
(7) With respect to any transfer of the alien to another
detention facility--
(A) a description of the transfer of the alien to
the other detention facility;
(B) the reason for the transfer; and
(C) in the case of a transfer effectuated despite
presence of the alien's legal counsel or immediate
relative in the jurisdiction of the original detention
facility, a justification for such transfer.
(8) The status and basis of any removal proceedings of
which the alien is the subject.
(9) The initial custody determination made by U.S.
Immigration and Customs Enforcement, including any review of
such determination.
(10) The date of the alien's release or removal, and the
reason for such release or removal, as applicable.
(11) Whether the alien is subject to a final order of
removal.
(12) Whether the alien was apprehended as part of a family
unit.
(13) Whether the alien was separated from a family unit at
the border or in the interior of the United States.
SEC. 6. CIVIL ACTIONS.
(a) In General.--An individual detained in a facility required to
comply with the standards established under section 4 who is injured as
a result of a violation of such standards may file a claim in the
appropriate district court of the United States.
(b) Recovery.--In a civil action under this subsection, the court
may order injunctive relief and compensatory damages, and may award the
prevailing party reasonable attorney fees, and costs.
SEC. 7. DETENTION FACILITY CONSTRUCTION AND MAINTENANCE.
(a) Restriction on Construction.--
(1) In general.--Not later than 180 days before initiating,
or entering into a contract for, the construction of a new
facility or the expansion of an existing facility for the
detention of aliens in the custody of the Department, the
Secretary shall submit to the appropriate committees of
Congress a notification of the plan to construct or expand such
facility, including--
(A) the location, size, and capacity of such
facility;
(B) the anticipated timeline and cost of
constructing or expanding such facility; and
(C) the intended population to be detained at such
facility, including the gender and age category of such
population.
(2) Public availability.--The Secretary shall make the
information described in paragraph (1) available to the public
on the internet website of the Department.
(b) Phase-Out of Private Detention Facilities and Use of Jails.--
(1) Secure detention facilities.--
(A) In general.--The Secretary--
(i) may not enter into or extend any
contract or agreement with any public or
private for-profit entity that owns or operates
a detention facility for use of such facility
to detain aliens in the custody of the
Department; and
(ii) shall terminate any contract or
agreement described in clause (i) not later
than the date that is 3 years after the date of
the enactment of this Act.
(B) Ownership requirement.--Beginning on the date
that is 3 years after the date of the enactment of this
Act, any facility at which aliens in the custody of the
Department are detained shall be owned and operated by
the Department.
(2) Alternatives to detention programs.--
(A) In general.--The Secretary--
(i) may not enter into or extend any
contract or agreement with any public or
private for-profit entity for the operation of
a program or the use of a facility for
nonresidential detention-related activities for
aliens who are subject to monitoring by the
Department; and
(ii) shall terminate any contract or
agreement described in clause (i) not later
than the date that is 3 years after the date of
the enactment of this Act.
(B) Ownership and operation requirement.--Beginning
on the date that is 3 years after the date of the
enactment of this Act, any program or facility used for
the activities described in subparagraph (A)(i) shall
be owned and operated by a nonprofit organization or
the Department.
(3) Implementation plan.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall develop,
and make publicly available, a plan and timeline for the
implementation of this subsection.
SEC. 8. APPEARANCE OF DETAINED ALIENS FOR OTHER LEGAL MATTERS.
The Secretary shall establish rules to ensure that any alien
detained in the custody of the Department who is required to appear in
Federal or State court (including family court) for another matter is
transported by an officer or employee of the Department to such court
proceeding.
SEC. 9. PROCEDURES FOR DETAINING ALIENS.
(a) Probable Cause and Custody Determination Hearings.--Section 236
of the Immigration and Nationality Act (8 U.S.C. 1226) is amended to
read as follows:
``SEC. 236. APPREHENSION AND DETENTION OF ALIENS.
``(a) Arrest, Detention, and Release.--
``(1) In general.--On a warrant issued by an immigration
judge, or pursuant to section 287(a)(2), the Secretary of
Homeland Security may arrest an alien, and in accordance with
this section, detain the alien or release the alien on bond,
subject to conditions or recognizance, pending a decision on
whether the alien is to be removed from the United States.
``(2) Exemption for unaccompanied alien children.--
``(A) In general.--This section shall not apply to
unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))).
``(B) Transfer of custody.--Any unaccompanied alien
child in the custody of the Secretary of Homeland
Security shall be transferred to the custody of the
Secretary of Health and Human Services pursuant to
section 235(b)(3) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232(b)(3)).
``(b) Bond Determination.--
``(1) In general.--An immigration judge who releases an
alien on bond under this section shall--
``(A) consider, for purposes of setting the amount
of the bond, the alien's financial position and ability
to pay the bond without imposing financial hardship on
the alien; and
``(B) set bond at an amount no greater than
necessary to ensure the alien's appearance for removal
proceedings.
``(2) Inability to pay bond.--The Secretary of Homeland
Security may not continue to detain an alien solely based on
the alien's inability to pay bond.
``(c) Custody Determination.--
``(1) Initial determination.--
``(A) In general.--Not later than 48 hours after
taking an alien into custody pursuant to this section
or section 235, or with respect to an alien subject to
a reinstated order of removal pursuant to section
241(a)(5) who has been found to have a credible or
reasonable fear of return, the Secretary of Homeland
Security shall make an initial custody determination
with regard to the alien, and provide such
determination in writing to the alien.
``(B) Least restrictive conditions.--With respect
to a custody determination under subparagraph (A), if
the Secretary determines that the release of an alien
will not reasonably ensure the appearance of the alien
as required or will endanger the safety of any other
individual or the community, the Secretary shall impose
the least restrictive conditions, as described in
paragraph (4).
``(2) Timing.--
``(A) In general.--An alien who seeks to challenge
the initial custody determination under paragraph (1)
shall be provided with the opportunity for a hearing
before an immigration judge not later than 72 hours
after the initial custody determination to determine
whether the alien should be detained.
``(B) Access to counsel.--On request by an alien,
or the legal counsel of an alien, an immigration judge
may grant a reasonable continuance of a hearing under
subparagraph (A) to provide the alien or such legal
counsel additional time to prepare for the hearing.
``(3) Presumption of release.--
``(A) In general.--In a hearing under this
subsection, there shall be a presumption that the alien
should be released.
``(B) Rebuttal.--
``(i) In general.--The Secretary of
Homeland Security has the duty of rebutting
this presumption, which may only be established
based on clear and convincing evidence,
including credible and individualized
information, that--
``(I) the use of alternatives to
detention will not reasonably ensure
the appearance of the alien at removal
proceedings; or
``(II) the alien is a threat to any
other individual or the community.
``(ii) Consideration.--The Attorney
General--
``(I) shall consider the totality
of each case; and
``(II) may not rely on an alien's
criminal conviction, arrest, pending
criminal charge, or combination thereof
as the sole factor to justify the
continued detention of the alien.
``(4) Least restrictive conditions required.--
``(A) In general.--If an immigration judge
determines, pursuant to a hearing under this section,
that the release of an alien will not reasonably ensure
the appearance of the alien as required or will
endanger the safety of any other individual or the
community, the immigration judge shall order the least
restrictive conditions, or combination of conditions,
that the judge determines will reasonably ensure the
appearance of the alien as required and the safety of
any other individual and the community, which may
include--
``(i) release on recognizance;
``(ii) secured or unsecured release on
bond; or
``(iii) participation in a program
described in subsection (f).
``(B) Monthly review.--Not less frequently than
monthly, the immigration judge shall review any
condition assigned to an alien pursuant to subparagraph
(A).
``(C) Modification of conditions of supervision.--
An immigration judge may modify or rescind conditions
of supervision imposed on an alien by the Secretary of
Homeland Security.
``(5) Special rule for vulnerable persons and primary
caregivers.--
``(A) In general.--In the case of an alien subject
to a custody determination under this subsection who is
a vulnerable person or a primary caregiver, the alien
may not be detained unless the Secretary of Homeland
Security demonstrates, in addition to the requirements
under paragraph (3), that it is unreasonable or not
practicable to place the alien in a community-based
supervision program.
``(B) Definitions.--In this paragraph:
``(i) Material witness.--The term `material
witness' means an individual who presents a
declaration to an attorney investigating,
prosecuting, or defending a workplace claim or
from the presiding officer overseeing a
workplace claim attesting that, to the best of
the declarant's knowledge and belief,
reasonable cause exists to believe that the
testimony of the individual will be relevant to
the outcome of the workplace claim.
``(ii) Primary caregiver.--The term
`primary caregiver' means an individual who is
established to be a caregiver, parent, or close
relative caring for or traveling with a child.
``(iii) Vulnerable person.--The term
`vulnerable person' means an individual who--
``(I) is under 21 years of age or
over 60 years of age;
``(II) is pregnant;
``(III) identifies as lesbian, gay,
bisexual, transgender, queer, or
intersex;
``(IV) is a victim or witness of a
crime;
``(V) has filed a nonfrivolous
civil rights claim in Federal or State
court;
``(VI) has filed, or is a material
witness to, a bonafide workplace claim;
``(VII) has a serious mental or
physical illness or disability;
``(VIII) has been determined by an
asylum officer in an interview
conducted under section 235(b)(1)(B) to
have a credible fear of persecution or
torture;
``(IX) has limited English language
proficiency and is not provided access
to appropriate and meaningful language
services in a timely fashion; or
``(X) has been determined by an
immigration judge or by the Secretary
of Homeland Security to have
experienced or to be experiencing
severe trauma or to be a survivor of
torture or gender-based violence, based
on information obtained during intake,
from the alien's attorney or legal
service provider, or through credible
self-reporting.
``(iv) Workplace claim.--The term
`workplace claim' means any written or oral
claim, charge, complaint, or grievance filed
with, communicated to, or submitted to the
employer, a Federal, State, or local agency or
court, or an employee representative, related
to the violation of applicable Federal, State,
and local labor laws, including laws concerning
wages and hours, labor relations, family and
medical leave, occupational health and safety,
civil rights, or nondiscrimination.
``(6) Subsequent determinations.--An alien detained under
this section shall be provided with a de novo custody
determination hearing under this subsection--
``(A) not later than 30 days after the date of the
enactment of this Act;
``(B) every 60 days; and
``(C) upon showing of a change in circumstances or
good cause for such a hearing.
``(d) Release Upon an Order Granting Relief From Removal.--The
Secretary of Homeland Security--
``(1) shall immediately release an alien with respect to
whom an immigration judge has entered an order providing relief
from removal (including an order granting asylum or
withholding, deferral, or cancellation of removal) or an order
terminating removal proceedings, which order is pending appeal,
upon entry of the order; and
``(2) may impose only reasonable conditions on the alien's
release from custody.
``(e) Prohibition on Detention of Children.--Notwithstanding any
other provision of this Act, the Secretary of Homeland Security may not
detain in a facility operated or contracted by U.S. Immigration and
Customs Enforcement any individual who is under the age of 18 years.
``(f) Community-Based Case Management Program.--
``(1) In general.--The Secretary of Homeland Security shall
establish, outside of the purview of U.S. Immigration and
Customs Enforcement, a community-based case management program
that--
``(A) provides alternatives to detaining aliens;
``(B) offers a continuum of community-based support
options and services, including--
``(i) case management; and
``(ii) access to--
``(I) social services;
``(II) medical and mental health
services;
``(III) housing;
``(IV) transportation; and
``(V) legal services; and
``(C) provides services in the appropriate
language.
``(2) Prohibition on electronic surveillance.--The program
under paragraph (1) may not include, as an alternative to
detention, the provision of ankle monitors or other forms of
electronic surveillance.
``(3) Contracts.--
``(A) In general.--The Secretary may enter into 1
or more contracts to operate the case management
program described in paragraph (1).
``(B) Prioritization.--In entering into a contract
under subparagraph (A), the Secretary shall give
priority to direct contracts with qualified
nongovernmental community-based organizations that have
experience providing services to immigrant, refugee,
and asylum-seeking populations.
``(4) Individualized determination required.--
``(A) In general.--In determining whether to order
an alien to participate in a program under this
subsection, the Secretary or the immigration judge, as
appropriate, shall make an individualized determination
to determine the appropriate level of supervision for
the alien.
``(B) Exemption.--Participation in a program under
this subsection may not be ordered for an alien for
whom it is determined that release on reasonable bond
or recognizance will reasonably ensure the appearance
of the alien as required and the safety of any other
individual and the community.
``(5) Prohibition on fees for alternatives to detention.--
An alien who is required to participate in a specific
alternatives to detention program or service may not be charged
a fee for such participation.
``(6) Case management review and feasibility study.--Not
later than 180 days after the date of the enactment of the
Dignity for Detained Immigrants Act of 2023, the Secretary
shall conduct--
``(A) a review of best practices in federally
funded case management programs and related services;
and
``(B) a study of the feasibility of transferring
alternatives to detention case management programs out
of the purview of the Department of Homeland
Security.''.
(b) Probable Cause Hearing.--Section 287(a) of the Immigration and
Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking the
subsection designation and all that follows through ``United States;''
in paragraph (2) and inserting the following:
``(a) In General.--Any officer or employee of the Department of
Homeland Security authorized under regulations prescribed by the
Secretary of Homeland Security shall have power without warrant--
``(1) to interrogate any alien or person believed to be an
alien as to the person's right to be or to remain in the United
States, provided that such interrogation is not based on the
person's race, ethnicity, national origin, religion, sexual
orientation, color, spoken language, or English language
proficiency; and
``(2) to arrest any alien who, in the presence or view of
the officer or employee, is entering or attempting to enter the
United States in violation of any law or regulation made
pursuant to law regulating the admission, exclusion, expulsion,
or removal of aliens, or to arrest any alien in the United
States, if--
``(A) the officer or employee has probable cause to
believe that--
``(i) the alien is in the United States in
violation of any such law or regulation; and
``(ii) is likely to escape before a warrant
can be obtained for the arrest of the alien;
``(B) the officer or employee has reason to believe
that the alien would knowingly and willfully fail to
appear in immigration court in response to a properly
served notice to appear; and
``(C) not later than 48 hours after being taken
into custody, the alien is provided with a hearing
before an immigration judge to determine whether there
was probable cause for such arrest, including probable
cause to believe that the alien would have knowingly
and willfully failed to appear as required under
subparagraph (B) if the alien had not been arrested,
which burden to establish probable cause shall be on
the Department of Homeland Security;''.
(c) Mandatory Detention Repealed.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in section 235(b) (8 U.S.C. 1225(b))--
(i) in paragraph (1)(B)--
(I) in clause (ii), by striking
``detained'' and inserting
``referred''; and
(II) in clause (iii), by striking
subclause (IV); and
(ii) in paragraph (2)(A), by striking
``detained'' and inserting ``referred'';
(B) by striking section 236A (8 U.S.C. 1226);
(C) in section 238(a)(2) (8 U.S.C. 1228(a)(2)), by
striking ``pursuant to section 236(c),''; and
(D) in section 506(a)(2) (8 U.S.C. 1536(a)(2)--
(i) by amending the heading to read as
follows: ``Release hearing for aliens
detained''; and
(ii) in subparagraph (A)--
(I) by amending the heading to read
as follows: ``In general'';
(II) in the matter preceding clause
(i), by striking ``lawfully admitted
for permanent residence'';
(III) by striking clause (i); and
(IV) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively.
(2) Conforming amendments.--
(A) The table of sections for the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by
striking the item relating to section 236A.
(B) Section 241(c)(3)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1231(c)(3)(A)(ii)) is
amended--
(C) in subclause (I), by striking the comma at the
end and inserting ``; or'';
(D) in subclause (II), by striking ``, or'' and
inserting a period; and
(E) by striking subclause (III).
(d) Aliens Ordered Removed.--
(1) In general.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(A) in paragraph (1), by striking ``90 days'' each
place it appears and inserting ``60 days'';
(B) by amending paragraph (2) to read as follows:
``(2) Initial custody redetermination hearing.--
``(A) In general.--Not later than 72 hours after
the entry of a final administrative order of removal,
the alien ordered removed shall be provided with a
custody redetermination hearing before an immigration
judge.
``(B) Presumption of detention.--For purposes of
the hearing under subparagraph (A), the alien shall be
detained during the removal period unless the alien
demonstrates by the preponderance of the evidence
that--
``(i) the alien's removal is not reasonably
foreseeable; or
``(ii) the alien does not pose a risk to
the safety of any other individual or the
community.'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``90-day'' and inserting ``60-day''; and
(ii) in the matter preceding subparagraph
(A), by striking ``the alien, pending removal,
shall be subject to supervision under'' and
inserting the following: ``except as provided
in paragraph (6), any alien who has been
detained during the removal period shall be
released from custody, pending removal, subject
to individualized supervision requirements in
accordance with'';
(D) by amending paragraph (6) to read as follows:
``(6) Subsequent custody redetermination hearings.--
``(A) In general.--The Secretary of Homeland
Security may request a subsequent redetermination
hearing before an immigration judge seeking continued
detention for an alien ordered to be detained pursuant
to paragraph (2) who has not been removed within the
removal period.
``(B) Standard.--An alien may only be detained
after the removal period upon a showing by the
Secretary of Homeland Security that--
``(i) the alien's removal is reasonably
foreseeable; or
``(ii) the alien poses a risk to the safety
of any other individual or the community,
which--
``(I) may only be established based
on credible and individualized
information; and
``(II) may not be established based
solely on the fact that the alien has
been charged with, or is suspected of,
a crime.
``(C) Period of detention.--
``(i) In general.--An alien may not be
detained pursuant to an order under this
paragraph for longer than a 60-day period.
``(ii) Subsequent redetermination
hearing.--The Secretary of Homeland Security
may seek subsequent redetermination hearings
under this paragraph in order to continue
detaining an alien beyond each such 60-day
period.''; and
(E) by striking paragraph (7).
(2) Technical and conforming amendments.--The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 238 (8 U.S.C. 1228)--
(i) in subsection (a)(1)--
(I) by moving the paragraph 2 ems
to the right;
(II) by amending the paragraph
heading to read as follows: ``In
general''; and
(III) in the first sentence--
(aa) by striking ``section
241(a)(2)(A)(iii)'' and
inserting ``section
237(a)(2)(A)(iii)'';
(bb) by striking ``section
241(a)(2)(A)(ii)'' and
inserting ``section
237(a)(2)(A)(ii)''; and
(cc) by striking ``section
241(a)(2)(A)(i)'' and inserting
``237(a)(2)(A)(i)'';
(ii) in the second subsection (c)--
(I) in paragraph (2)(B), by
striking ``section 241(a)(2)(A)'' and
inserting ``section 237(a)(2)(A)''; and
(II) in paragraph (4), by striking
``section 241(a)'' and inserting
``section 237(a)''; and
(iii) by redesignating the second
subsection (c) as subsection (d);
(B) in section 276(b)(4) (8 U.S.C. 1326(b)(4)), by
striking ``section 241(a)(4)(B)'' and inserting
``section 237(a)(4)(B)''; and
(C) in section 501(1) (8 U.S.C. 1531(1)), by
striking ``section 241(a)(4)(B)'' and inserting
``section 237(a)(4)(B)''.
SEC. 10. PROHIBITION ON SOLITARY CONFINEMENT.
(a) In General.--An individual in the custody of the Department may
not be placed in solitary confinement.
(b) Definition of Solitary Confinement.--In this section, the term
``solitary confinement'' means--
(1) in the case of an individual who is older than 21 years
of age, the state of being confined to the individual's cell,
alone or with a cellmate, for more than 22 hours during a 24-
hour period, with very limited out-of-cell time and severely
restricted activity, movement, and social interaction whether
pursuant to disciplinary, administrative, or classification
action; and
(2) in the case of an individual who is 21 years of age or
younger, involuntary confinement alone in a cell, room, or
other area for a period greater than 3 hours.
<all>
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118S1209 | Tax Refund Protection Act | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] | <p> <strong>Tax Refund Protection Act </strong></p> <p>This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. </p> <p>Treasury may impose a penalty on tax return preparers who fail to make required disclosures.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1209 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1209
To regulate tax return preparers and refund anticipation payment
arrangements.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To regulate tax return preparers and refund anticipation payment
arrangements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Refund Protection Act''.
SEC. 2. REGULATION OF TAX RETURN PREPARERS.
(a) In General.--Section 330 of title 31, United States Code, is
amended to read as follows:
``Sec. 330. Practice before the department and tax return preparers
``(a) Subject to section 500 of title 5, the Secretary of the
Treasury may--
``(1) regulate the practice of representatives of persons
before the Department of the Treasury through licensure;
``(2) certify the practice of tax return preparers; and
``(3) before admitting a representative or a tax return
preparer to practice, require that the representative or tax
return preparer demonstrate--
``(A) good character;
``(B) good reputation;
``(C) necessary qualifications to enable the
representative or tax return preparer to provide to
persons valuable service; and
``(D) competency to advise and assist persons in
presenting their cases or in preparing tax returns,
claims for refund, or other submissions related to the
Internal Revenue Code of 1986 or other laws or
regulations administered by the Internal Revenue
Service.
``(b) Any enrolled agents properly licensed to practice as required
under rules promulgated under subsection (a) shall be allowed to use
the credentials or designation of `enrolled agent', `EA', or `E.A.'.
``(c)(1) After notice and opportunity for a proceeding, the
Secretary may, with respect to a representative or tax return preparer
who is described in paragraph (2)--
``(A) suspend or disbar from practice before the Department
a representative;
``(B) decertify a tax return preparer; or
``(C) censure a representative or tax return preparer.
``(2) A representative or tax return preparer is described in this
paragraph if the representative or tax return preparer--
``(A) is incompetent;
``(B) is disreputable;
``(C) violates regulations prescribed under this section;
or
``(D) with intent to defraud, willfully and knowingly
misleads or threatens the person being represented or a
prospective person to be represented.
``(3) The Secretary may impose a monetary penalty on any
representative or tax return preparer described in paragraph (2). If
the representative or tax return preparer was acting on behalf of an
employer or any firm or other entity in connection with the conduct
giving rise to such penalty, the Secretary may impose a monetary
penalty on such employer, firm, or entity if it knew, or reasonably
should have known, of such conduct. Such penalty shall not exceed the
gross income derived (or to be derived) from the conduct giving rise to
the penalty and may be in addition to, or in lieu of, any suspension of
the representative, the decertification of the tax return preparer, or
censure of the representative or the tax return preparer.
``(d) After notice and opportunity for a hearing to any appraiser,
the Secretary may--
``(1) provide that appraisals by such appraiser shall not
have any probative effect in any administrative proceeding
before the Department of the Treasury or the Internal Revenue
Service, and
``(2) bar such appraiser from presenting evidence or
testimony in any such proceeding.
``(e) Nothing in this section or in any other provision of law
shall be construed to limit the authority of the Secretary of the
Treasury to impose standards applicable to the rendering of written
advice with respect to any entity, transaction plan or arrangement, or
other plan or arrangement, which is of a type which the Secretary
determines as having a potential for tax avoidance or evasion.
``(f)(1) The Secretary of the Treasury may impose fees on tax
return preparers necessary to implement such programs as required by
subsection (a).
``(2) In addition to paragraph (1), the Commissioner of Internal
Revenue may impose an annual fee necessary for any competency testing
and training required for licensure and certification under this
section.
``(3) Nothing in this section may be construed to limit the
authority of the Commissioner of Internal Revenue to issue orders and
establish fees related to the other purposes, including the issuing of
Preparer Tax Identification Numbers.
``(g) For purposes of this section--
``(1) the term `tax return preparer' has the meaning given
such term by section 7701(a)(36) of the Internal Revenue Code
of 1986;
``(2) the term `tax return' has the meaning given to the
term `return' under section 6696(e)(1) of such Code; and
``(3) the term `claim for refund' has the meaning given
such term under section 6696(e)(2) of such Code.''.
(b) Clerical Amendment.--The chapter analysis for chapter 3 of
title 31, United States Code, is amended by striking the item relating
to section 330 and inserting the following:
``330. Practice before the department and tax return preparers.''.
SEC. 3. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER
DISCLOSURES.
Subsection (c) of section 6713 of the Internal Revenue Code of 1986
is amended to read as follows:
``(c) Exceptions.--
``(1) Exceptions.--The rules of section 7216(b) shall apply
for purposes of this section.
``(2) Cross reference.--See section 7216 for criminal
penalty for disclosure or use of information by preparers of
returns.''.
SEC. 4. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS.
(a) Disclosure Requirements for Tax Return Preparers.--Subchapter A
of chapter 80 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new section:
``SEC. 7813. DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS.
``(a) In General.--The Secretary may require tax return preparers
to provide disclosures to a person receiving tax return preparation
services or a prospective person to receive such services. Such
disclosures shall--
``(1) identify the amount of fees the tax return preparer
charges for preparing a tax return, filing a tax return,
submitting a claim for refund, executing a refund anticipation
payment arrangement, or submitting other submissions related to
this title or other laws or regulations administered by the
Internal Revenue Service,
``(2) identify where on the website published by the
Internal Revenue Service the average amount of time in which an
individual who files a Federal income tax return can expect to
receive a refund,
``(3) in the case of a refund anticipation payment
arrangement involving a depository account not controlled by
the person receiving tax return preparation services or a
prospective person to receive such services, describe--
``(A) the difference in days between the average
amount of time by which a person receiving tax return
preparation services or a prospective person to receive
such services receives the tax refund (in whole or in
part) from a refund anticipation payment arrangement,
and
``(B) the average amount of time by which a person
receiving tax return preparation services or a
prospective person to receive such services who files a
Federal income tax return electronically receives the
tax refund deposited directly to that person's account
by the taxing authority,
``(4) state that a refund anticipation payment arrangement
is not necessary to receive a tax refund,
``(5) state that, if a person receiving tax return
preparation services or a prospective person to receive such
services does not receive a tax refund or the amount of the tax
refund is less than the amount anticipated under the refund
anticipation payment arrangement, the person receiving tax
return preparation services or a prospective person to receive
such services may be responsible for paying any fees and
interest associated with a refund anticipation payment
arrangement, and
``(6) include any such other disclosures not specified in
the preceding paragraphs to carry out this section that the
Secretary deems appropriate.
``(b) Refund Anticipation Payment Arrangement Defined.--For
purposes of this section, the term `refund anticipation payment
arrangement' means an arrangement under which, in exchange for Federal
income tax preparation services, a consumer agrees to pay a fee or
interest upon receipt of the consumer's tax refund to a tax return
preparer, lender, or other affiliated lender by--
``(1) requesting the Federal Government to deposit such tax
refund, in whole or in part, directly into a depository account
designated by either the consumer or the tax return preparer,
lender, or other affiliated lender, or
``(2) directly paying the fee or interest to the tax return
preparer, lender, or other affiliated lender.''.
(b) Failure To Disclose.--Part I of subchapter B of chapter 68 of
such Code is amended by adding at the end the following:
``SEC. 6720D. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN
PREPARERS.
``(a) General Rule.--If a tax return preparer fails to meet the
requirements of section 7813, the Secretary may impose a penalty of up
to $1,000 per each such failure.
``(b) Penalty in Addition to Other Penalties.--The penalty imposed
by this section shall be in addition to any other penalty imposed by
law.''.
(c) Clerical Amendments.--
(1) The table of sections for subchapter B of chapter 68 of
such Code is amended by inserting after the item related to
section 6720C the following new item:
``Sec. 6720D. Failure to meet disclosure requirements for tax return
preparers.''.
(2) The table of sections for subchapter A of chapter 80 of
such Code is amended by inserting after the item related to
section 7812 the following new item:
``Sec. 7813. Disclosure requirements for tax return preparers.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to returns filed after December 31, 2023.
<all>
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118S121 | Protecting Children with Food Allergies Act | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
]
] | <p><b>Protecting Children with Food Allergies Act</b></p> <p>This bill requires the food and nutrition programs of the Department of Agriculture (USDA), such as the National School Lunch Program, to include training requirements, training opportunities, and other educational resources that address food allergies.</p> <p>Specifically, USDA must develop and publish training modules and other educational materials for food service personnel in schools relating to (1) preventing allergic reactions to food, including making food substitutions available for children with food allergies; (2) identifying symptoms of such reactions; and (3) responding to the reactions. </p> <p>Further, the bill requires school food service personnel who participate in the National School Lunch Program and the School Breakfast Program to complete the training and certify their competence in preventing, identifying, and responding to food allergies. USDA must also make the training available to personnel under other child nutrition programs, including the Special Milk Program, the Summer Food Service Program, and the Child and Adult Care Food Program.</p> <p>Additionally, USDA must incorporate food allergy information into its nutrition education materials for participants under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 121 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 121
To amend the Child Nutrition Act of 1966 to require the provision of
training and information to certain personnel relating to food allergy
identification and response, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Durbin (for himself and Ms. Duckworth) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to require the provision of
training and information to certain personnel relating to food allergy
identification and response, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children with Food
Allergies Act''.
SEC. 2. FOOD ALLERGY TRAINING COMPLETION REQUIREMENT.
Section 7(g)(2) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(g)(2)) is amended by adding at the end the following:
``(C) Food allergy training and certification for
all local food service personnel.--
``(i) In general.--The Secretary shall
develop, in consultation with relevant
stakeholder groups with food allergy expertise,
and publish training modules and other
educational materials in accordance with clause
(ii).
``(ii) Training modules.--A training
program carried out under this subparagraph
shall include training modules relating to--
``(I) the prevention of allergic
reactions to food, which may include--
``(aa) communicating food
allergen information in school
menus, food products, and
recipes;
``(bb) best practices to
avoid cross-contact; and
``(cc) the availability of
appropriate food substitutions
for children with food
allergies;
``(II) the identification of food-
related allergic reaction symptoms; and
``(III) the appropriate responses
to an allergic reaction to food.
``(iii) Certification of local personnel.--
``(I) In general.--In accordance
with criteria established by the
Secretary, local food service personnel
shall complete training and receive a
certification to demonstrate competence
with respect to the training provided
under clause (ii).
``(II) Treatment.--The Secretary
may allow local food personnel to apply
a certification received under this
clause toward any other training
requirements under this subsection.
``(iv) Methods for inclusion.--The training
required under this subparagraph shall be
provided, as the Secretary determines to be
necessary, in--
``(I) relevant languages other than
English, for individuals with limited
English proficiency; and
``(II) relevant alternative
formats, for individuals with
disabilities (as defined in section 3
of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102)).
``(v) Availability to other personnel.--The
Secretary shall make the training provided
under this subparagraph available to personnel
under child nutrition programs not covered
under this subsection, including personnel
under--
``(I) the special milk program
under section 3;
``(II) the summer food service
program for children under section 13
of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761); and
``(III) the child and adult care
food program under section 17 of that
Act (42 U.S.C. 1766).
``(vi) Authorization of appropriations.--
There is authorized to be appropriated to the
Secretary to carry out this subparagraph
$1,000,000 for each of fiscal years 2024
through 2028.''.
SEC. 3. ACTIVITIES TO SUPPORT WIC-ELIGIBLE INDIVIDUALS IMPACTED BY FOOD
ALLERGIES.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended--
(1) by redesignating subsections (l) through (s) as
subsections (m) through (t), respectively;
(2) by inserting after subsection (k) the following:
``(l) Activities To Support WIC-Eligible Individuals Impacted by
Food Allergies.--
``(1) In general.--In accordance with subsection (e), the
Secretary shall--
``(A) submit to the Secretary of Health and Human
Services for comment proposed nutrition education
materials for use under subsection (e), which shall--
``(i) incorporate evidence-based findings
from the United States Dietary Guidelines for
Americans relating to food allergies and
potentially allergenic foods; and
``(ii) include nutrition education
materials for--
``(I) individuals with food
allergies during pregnancy and in the
postpartum period;
``(II) infants impacted by prenatal
food allergy exposure; and
``(III) children with food
allergies; and
``(B) after submitting the materials in accordance
with subparagraph (A), publish and disseminate the
materials for use under subsection (e).
``(2) Requirements for inclusion.--
``(A) In general.--The nutrition education
materials under paragraph (1) shall be provided, as the
Secretary determines to be necessary, in--
``(i) relevant languages other than English
for individuals with limited English
proficiency; and
``(ii) relevant alternative formats for
individuals with disabilities (as defined in
section 3 of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12102)).
``(B) Outreach.--In carrying out this paragraph,
the Secretary shall conduct outreach to individuals who
are, or may be--
``(i) eligible to participate in--
``(I) the program under this
section; or
``(II) a training program of a
State agency under subsection (e)(2);
and
``(ii) impacted by food allergies.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,000,000 for fiscal year 2024.'';
(3) in subsection (q) (as redesignated by paragraph (1))--
(A) in paragraph (1), by striking ``subsection
(o)(1)(A)'' and inserting ``subsection (p)(1)(A)''; and
(B) in paragraph (2)(B), by striking ``subsection
(o)(1)(A)'' and inserting ``subsection (p)(1)(A)''; and
(4) in paragraph (5) of subsection (t) (as redesignated by
paragraph (1)), by striking ``subsection (r)'' and inserting
``subsection (s)''.
<all>
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118S1210 | NBACC Authorization Act of 2023 | [
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1210 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1210
To designate a laboratory as the National Biodefense Analysis and
Countermeasures Center, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Cardin (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To designate a laboratory as the National Biodefense Analysis and
Countermeasures Center, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Biodefense Analysis and
Countermeasures Center Authorization Act of 2023'' or the ``NBACC
Authorization Act of 2023''.
SEC. 2. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 324. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES CENTER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2), which shall be the lead Federal
facility dedicated to defending the United States against biological
threats by--
``(1) understanding the risks posed by intentional,
accidental, and natural biological events; and
``(2) providing the operational capabilities to support the
investigation, prosecution, and prevention of biocrimes and
bioterrorism.
``(b) Laboratory Described.--The laboratory described in this
subsection may be a federally funded research and development center--
``(1) known, as of the date of enactment of this section,
as the National Biodefense Analysis and Countermeasures Center;
``(2) that may include--
``(A) the National Bioforensic Analysis Center,
which conducts technical analyses in support of Federal
law enforcement investigations; and
``(B) the National Biological Threat
Characterization Center, which conducts experiments and
studies to better understand biological vulnerabilities
and hazards; and
``(3) transferred to the Department pursuant to
subparagraphs (A), (D), and (F) of section 303(1) and section
303(2).
``(c) Laboratory Activities.--The National Biodefense Analysis and
Countermeasures Center shall--
``(1) conduct studies and experiments to better understand
current and future biological threats and hazards and
pandemics;
``(2) provide the scientific data required to assess
vulnerabilities, conduct risk assessments, and determine
potential impacts to guide the development of countermeasures;
``(3) conduct and facilitate the technical forensic
analysis and interpretation of materials recovered following a
biological attack, or in other law enforcement investigations
requiring evaluation of biological materials, in support of the
appropriate lead Federal agency;
``(4) coordinate with other national laboratories to
enhance research capabilities, share lessons learned, and
provide training more efficiently;
``(5) collaborate with the Homeland Security Enterprise, as
defined in section 2200, to plan and conduct research to
address gaps and needs in biodefense; and
``(6) carry out other such activities as the Secretary
determines appropriate.
``(d) Work for Others.--The National Biodefense Analysis and
Countermeasures Center shall engage in a continuously operating Work
for Others program to make the unique biocontainment and bioforensic
capabilities of the National Biodefense Analysis and Countermeasures
Center available to other Federal agencies.
``(e) Facility Repair and Routine Equipment Replacement.--The
National Biodefense Analysis and Countermeasures Center shall--
``(1) perform regularly scheduled and required maintenance
of laboratory infrastructure; and
``(2) procure mission-critical equipment and capability
upgrades.
``(f) Facility Mission Needs Assessment.--
``(1) In general.--To address capacity concerns and
accommodate future mission needs and advanced capabilities, the
Under Secretary for Science and Technology shall conduct a
mission needs assessment, to include scoping for potential
future needs or expansion, of the National Biodefense Analysis
and Countermeasures Center.
``(2) Submission.--Not later than 120 days after the date
of enactment of this section, the Under Secretary for Science
and Technology shall provide the assessment conducted under
paragraph (1) to--
``(A) the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on Homeland
Security Appropriations of the Committee on
Appropriations of the Senate; and
``(B) the Committee on Homeland Security and the
Subcommittee on Homeland Security Appropriations of the
Committee on Appropriations of the House of
Representatives.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to support the activities of
the laboratory designated under this section.
``(h) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass Destruction Office
of the Department.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 323 the following:
``Sec. 324. National Biodefense Analysis and Countermeasures Center.''.
<all>
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118S1211 | Social Security Caregiver Credit Act of 2023 | [
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"sponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
],
[
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"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1211
To amend title II of the Social Security Act to credit individuals
serving as caregivers of dependent relatives with deemed wages for up
to five years of such service.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Murphy (for himself, Mrs. Gillibrand, and Ms. Smith) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to credit individuals
serving as caregivers of dependent relatives with deemed wages for up
to five years of such service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2023''.
SEC. 2. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--Congress finds that:
(1) Caregiving is an essential element of family life and a
vital service for children, the ill, the disabled, and the
elderly.
(2) The establishment of a caregiver credit would bolster
the economic prospects of unpaid caregivers and would provide
them with vital retirement security.
(3) The 2022 Annual Report of the Board of Trustees of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds concluded that the combined Trust Funds
will be able to pay scheduled benefits in full until 2034.
(b) Sense of the Senate.--It is the sense of the Senate that the
United States Congress must address the unfair exclusion of
professional and hardworking home care providers who are not eligible
to receive Social Security or Medicare because they provide paid care
to a family member with a disability under programs operated at the
State and local level for general health and welfare protection.
SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Sec. 235. (a) Definitions.--For purposes of this section--
``(1)(A) Subject to subparagraph (B), the term `qualifying
month' means, in connection with an individual, any month
during which such individual was engaged for not less than 80
hours in providing care to a dependent relative without
monetary compensation.
``(B) The term `qualifying month' does not include any
month ending after the date on which such individual attains
retirement age (as defined in section 216(l)).
``(C) For purposes of subparagraph (A), assistance provided
to a family caregiver of an eligible veteran under section
1720G of title 38, United States Code, shall not be considered
monetary compensation for providing care to such eligible
veteran.
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), or a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, who is under the age of 12; or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, a parent, grandparent, sibling, aunt, or
uncle (of such individual or his or her spouse or
domestic partner), or such individual's spouse or
domestic partner, if such child, grandchild, niece,
nephew, parent, grandparent, sibling, aunt, uncle,
spouse, or domestic partner is a chronically dependent
individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least two of the activities of
daily living (described in subparagraph (B)) or
instrumental activities of daily living (described in
subparagraph (C)); and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living
or instrumental activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) means basic personal everyday activities,
including--
``(i) eating;
``(ii) bathing;
``(iii) dressing;
``(iv) toileting; and
``(v) transferring in and out of a bed or in and
out of a chair.
``(C) The `instrumental activities of daily living'
referred to in subparagraph (A) means activities related to
living independently in the community, including--
``(i) meal planning and preparation;
``(ii) managing finances;
``(iii) shopping for food, clothing, or other
essential items;
``(iv) performing essential household chores;
``(v) communicating by phone or other form of
media; and
``(vi) traveling around and participating in the
community.
``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of
determining entitlement to and the amount of any monthly benefit for
any month after December 2023, or entitlement to and the amount of any
lump-sum death payment in the case of a death after such month, payable
under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such
individual shall be deemed to have been paid during each qualifying
month (in addition to wages or self-employment income actually paid to
or derived by such individual during such month) at an amount per month
equal to--
``(i) in the case of a qualifying month during which no
wages or self-employment income were actually paid to or
derived by such individual, 50 percent of the national average
wage index (as defined in section 209(k)(1)) for the second
calendar year preceding the calendar year in which such month
occurs; and
``(ii) in the case of any other qualifying month, the
excess of the amount determined under clause (i) over \1/2\ of
the wages or self-employment income actually paid to or derived
by such individual during such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``(c) Rules and Regulations.--
``(1) Not later than 1 year after the date of the enactment
of this section, the Commissioner of Social Security shall
promulgate such regulations as are necessary to carry out this
section and to prevent fraud and abuse with respect to the
benefits under this section, including regulations establishing
procedures for the application and certification requirements
described in paragraph (2).
``(2) A qualifying month shall not be taken into account
under this section with respect to an individual unless--
``(A) the individual submits to the Commissioner of
Social Security an application for benefits under this
section that includes--
``(i) the name and identifying information
of the dependent relative with respect to whom
the individual was engaged in providing care
during such month;
``(ii) if the dependent relative is not a
child under the age of 12, documentation from
the physician of the dependent relative
explaining why the dependent relative is a
chronically dependent individual; and
``(iii) such other information as the
Commissioner may require to verify the status
of the dependent relative; and
``(B) for every qualifying month or period of up to
12 consecutive qualifying months that occurs after the
first period of 12 consecutive qualifying months, the
individual certifies, in such form and manner as the
Commissioner shall require, that the information
provided in the individual's application for benefits
under this section has not changed.''.
(b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended--
(1) by striking ``and'' before ``230(b)(2)'' the first time
it appears; and
(2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.
<all>
</pre></body></html>
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118S1212 | Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 | [
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"sponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
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"W000790",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1212 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1212
To authorize notaries public to perform, and to establish minimum
standards for, electronic notarizations and remote notarizations that
occur in or affect interstate commerce, to require any Federal court to
recognize notarizations performed by a notarial officer of any State,
to require any State to recognize notarizations performed by a notarial
officer of any other State when the notarization was performed under or
relates to a public Act, record, or judicial proceeding of the notarial
officer's State or when the notarization occurs in or affects
interstate commerce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Cramer (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize notaries public to perform, and to establish minimum
standards for, electronic notarizations and remote notarizations that
occur in or affect interstate commerce, to require any Federal court to
recognize notarizations performed by a notarial officer of any State,
to require any State to recognize notarizations performed by a notarial
officer of any other State when the notarization was performed under or
relates to a public Act, record, or judicial proceeding of the notarial
officer's State or when the notarization occurs in or affects
interstate 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 ``Securing and Enabling Commerce Using
Remote and Electronic Notarization Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Communication technology.--The term ``communication
technology'', with respect to a notarization, means an
electronic device or process that allows the notary public
performing the notarization and a remotely located individual
to communicate with each other simultaneously by sight and
sound during the notarization.
(2) Electronic; electronic record; electronic signature;
information; person; record.--The terms ``electronic'',
``electronic record'', ``electronic signature'',
``information'', ``person'', and ``record'' have the meanings
given those terms in section 106 of the Electronic Signatures
in Global and National Commerce Act (15 U.S.C. 7006).
(3) Law.--The term ``law'' includes any statute,
regulation, rule, or rule of law.
(4) Notarial officer.--The term ``notarial officer''
means--
(A) a notary public; or
(B) any other individual authorized to perform a
notarization under the laws of a State without a
commission or appointment as a notary public.
(5) Notarial officer's state; notary public's state.--The
term ``notarial officer's State'' or ``notary public's State''
means the State in which a notarial officer, or a notary
public, as applicable, is authorized to perform a notarization.
(6) Notarization.--The term ``notarization''--
(A) means any act that a notarial officer may
perform under--
(i) Federal law, including this Act; or
(ii) the laws of the notarial officer's
State; and
(B) includes any act described in subparagraph (A)
and performed by a notarial officer--
(i) with respect to--
(I) a tangible record; or
(II) an electronic record; and
(ii) for--
(I) an individual in the physical
presence of the notarial officer; or
(II) a remotely located individual.
(7) Notary public.--The term ``notary public'' means an
individual commissioned or appointed as a notary public to
perform a notarization under the laws of a State.
(8) Personal knowledge.--The term ``personal knowledge'',
with respect to the identity of an individual, means knowledge
of the identity of the individual through dealings sufficient
to provide reasonable certainty that the individual has the
identity claimed.
(9) Remotely located individual.--The term ``remotely
located individual'', with respect to a notarization, means an
individual who is not in the physical presence of the notarial
officer performing the notarization.
(10) Requirement.--The term ``requirement'' includes a
duty, a standard of care, and a prohibition.
(11) Signature.--The term ``signature'' means--
(A) an electronic signature; or
(B) a tangible symbol executed or adopted by a
person and evidencing the present intent to
authenticate or adopt a record.
(12) Simultaneously.--The term ``simultaneously'', with
respect to a communication between parties--
(A) means that each party communicates
substantially simultaneously and without unreasonable
interruption or disconnection; and
(B) includes any reasonably short delay that is
inherent in, or common with respect to, the method used
for the communication.
(13) State.--The term ``State''--
(A) means--
(i) any State of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) any territory or possession of the
United States; and
(v) any federally recognized Indian Tribe;
and
(B) includes any executive, legislative, or
judicial agency, court, department, board, office,
clerk, recorder, register, registrar, commission,
authority, institution, instrumentality, county,
municipality, or other political subdivision of an
entity described in any of clauses (i) through (v) of
subparagraph (A).
SEC. 3. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR ELECTRONIC
NOTARIZATION.
(a) Authorization.--Unless prohibited under section 10, and subject
to subsection (b), a notary public may perform a notarization that
occurs in or affects interstate commerce with respect to an electronic
record.
(b) Requirements of Electronic Notarization.--If a notary public
performs a notarization under subsection (a), the following
requirements shall apply with respect to the notarization:
(1) The electronic signature of the notary public, and all
other information required to be included under other
applicable law, shall be attached to or logically associated
with the electronic record.
(2) The electronic signature and other information
described in paragraph (1) shall be bound to the electronic
record in a manner that renders any subsequent change or
modification to the electronic record evident.
SEC. 4. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR REMOTE
NOTARIZATION.
(a) Authorization.--Unless prohibited under section 10, and subject
to subsection (b), a notary public may perform a notarization that
occurs in or affects interstate commerce for a remotely located
individual.
(b) Requirements of Remote Notarization.--If a notary public
performs a notarization under subsection (a), the following
requirements shall apply with respect to the notarization:
(1) The remotely located individual shall appear personally
before the notary public at the time of the notarization by
using communication technology.
(2) The notary public shall--
(A) reasonably identify the remotely located
individual--
(i) through personal knowledge of the
identity of the remotely located individual; or
(ii) by obtaining satisfactory evidence of
the identity of the remotely located individual
by--
(I) using not fewer than 2 distinct
types of processes or services through
which a third person provides a means
to verify the identity of the remotely
located individual through a review of
public or private data sources; or
(II) oath or affirmation of a
credible witness who--
(aa)(AA) is in the physical
presence of the notary public
or the remotely located
individual; or
(BB) appears personally
before the notary public and
the remotely located individual
by using communication
technology;
(bb) has personal knowledge
of the identity of the remotely
located individual; and
(cc) has been identified by
the notary public under clause
(i) or subclause (I) of this
clause;
(B) either directly or through an agent--
(i) create an audio and visual recording of
the performance of the notarization; and
(ii) notwithstanding any resignation from,
or revocation, suspension, or termination of,
the notary public's commission or appointment,
retain the recording created under clause (i)
as a notarial record--
(I) for a period of not less than--
(aa) if an applicable law
of the notary public's State
specifies a period of
retention, the greater of--
(AA) that specified
period; or
(BB) 5 years after
the date on which the
recording is created;
or
(bb) if no applicable law
of the notary public's State
specifies a period of
retention, 10 years after the
date on which the recording is
created; and
(II) if any applicable law of the
notary public's State govern the
content, manner or place of retention,
security, use, effect, or disclosure of
such recording or any information
contained in the recording, in
accordance with those laws; and
(C) if the notarization is performed with respect
to a tangible or electronic record, take reasonable
steps to confirm that the record before the notary
public is the same record with respect to which the
remotely located individual made a statement or on
which the individual executed a signature.
(3) If a guardian, conservator, executor, personal
representative, administrator, or similar fiduciary or
successor is appointed for or on behalf of a notary public or a
deceased notary public under applicable law, that person shall
retain the recording under paragraph (2)(B)(ii), unless--
(A) another person is obligated to retain the
recording under applicable law of the notary public's
State; or
(B)(i) under applicable law of the notary public's
State, that person may transmit the recording to an
office, archive, or repository approved or designated
by the State; and
(ii) that person transmits the recording to the
office, archive, or repository described in clause (i)
in accordance with applicable law of the notary
public's State.
(4) If the remotely located individual is physically
located outside the geographic boundaries of a State, or is
otherwise physically located in a location that is not subject
to the jurisdiction of the United States, at the time of the
notarization--
(A) the record shall--
(i) be intended for filing with, or relate
to a matter before, a court, governmental
entity, public official, or other entity that
is subject to the jurisdiction of the United
States; or
(ii) involve property located in the
territorial jurisdiction of the United States
or a transaction substantially connected to the
United States; and
(B) the act of making the statement or signing the
record may not be prohibited by a law of the
jurisdiction in which the individual is physically
located.
(c) Personal Appearance Satisfied.--If a State or Federal law
requires an individual to appear personally before or be in the
physical presence of a notary public at the time of a notarization,
that requirement shall be considered to be satisfied if--
(1) the individual--
(A) is a remotely located individual; and
(B) appears personally before the notary public at
the time of the notarization by using communication
technology; and
(2)(A) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notary
public's State; or
(B) the notarization occurs in or affects interstate
commerce.
SEC. 5. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT.
(a) Recognition of Validity.--Each court of the United States shall
recognize as valid under the State or Federal law applicable in a
judicial proceeding before the court any notarization performed by a
notarial officer of any State if the notarization is valid under the
laws of the notarial officer's State or under this Act.
(b) Legal Effect of Recognized Notarization.--A notarization
recognized under subsection (a) shall have the same effect under the
State or Federal law applicable in the applicable judicial proceeding
as if that notarization was validly performed--
(1)(A) by a notarial officer of the State, the law of which
is applicable in the proceeding; or
(B) under this Act or other Federal law; and
(2) without regard to whether the notarization was
performed--
(A) with respect to--
(i) a tangible record; or
(ii) an electronic record; or
(B) for--
(i) an individual in the physical presence
of the notarial officer; or
(ii) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the validity
of a notarization for the purposes of subsection (a), the signature and
title of an individual performing the notarization shall be prima facie
evidence in any court of the United States that the signature of the
individual is genuine and that the individual holds the designated
title.
(d) Conclusive Evidence of Authority.--In a determination of the
validity of a notarization for the purposes of subsection (a), the
signature and title of the following notarial officers of a State shall
conclusively establish the authority of the officer to perform the
notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of that
State.
SEC. 6. RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED UNDER AUTHORITY
OF ANOTHER STATE.
(a) Recognition of Validity.--Each State shall recognize as valid
under the laws of that State any notarization performed by a notarial
officer of any other State if--
(1) the notarization is valid under the laws of the
notarial officer's State or under this Act; and
(2)(A) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notarial
officer's State; or
(B) the notarization occurs in or affects interstate
commerce.
(b) Legal Effect of Recognized Notarization.--A notarization
recognized under subsection (a) shall have the same effect under the
laws of the recognizing State as if that notarization was validly
performed by a notarial officer of the recognizing State, without
regard to whether the notarization was performed--
(1) with respect to--
(A) a tangible record; or
(B) an electronic record; or
(2) for--
(A) an individual in the physical presence of the
notarial officer; or
(B) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the validity
of a notarization for the purposes of subsection (a), the signature and
title of an individual performing a notarization shall be prima facie
evidence in any State court or judicial proceeding that the signature
is genuine and that the individual holds the designated title.
(d) Conclusive Evidence of Authority.--In a determination of the
validity of a notarization for the purposes of subsection (a), the
signature and title of the following notarial officers of a State
conclusively establish the authority of the officer to perform the
notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of that
State.
SEC. 7. ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED.
Nothing in this Act may be construed to require a notary public to
perform a notarization--
(1) with respect to an electronic record;
(2) for a remotely located individual; or
(3) using a technology that the notary public has not
selected.
SEC. 8. VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED PERSONS NOT
AFFECTED; STATE LAWS ON THE PRACTICE OF LAW NOT AFFECTED.
(a) Validity Not Affected.--The failure of a notary public to meet
a requirement under section 3 or 4 in the performance of a
notarization, or the failure of a notarization to conform to a
requirement under section 3 or 4, shall not invalidate or impair the
recognition of the notarization.
(b) Rights of Aggrieved Persons.--The validity and recognition of a
notarization under this Act may not be construed to prevent an
aggrieved person from seeking to invalidate a record or transaction
that is the subject of a notarization or from seeking other remedies
based on State or Federal law other than this Act for any reason not
specified in this Act, including on the basis--
(1) that a person did not, with present intent to
authenticate or adopt a record, execute a signature on the
record;
(2) that an individual was incompetent, lacked authority or
capacity to authenticate or adopt a record, or did not
knowingly and voluntarily authenticate or adopt a record; or
(3) of fraud, forgery, mistake, misrepresentation,
impersonation, duress, undue influence, or other invalidating
cause.
(c) Rule of Construction.--Nothing in this Act may be construed to
affect a State law governing, authorizing, or prohibiting the practice
of law.
SEC. 9. EXCEPTION TO PREEMPTION.
(a) In General.--A State law may modify, limit, or supersede the
provisions of section 3, or subsection (a) or (b) of section 4, with
respect to State law only if that State law--
(1) either--
(A) constitutes an enactment or adoption of the
Revised Uniform Law on Notarial Acts, as approved and
recommended for enactment in all the States by the
National Conference of Commissioners on Uniform State
Laws in 2018, except that a modification to such Law
enacted or adopted by a State shall be preempted to the
extent such modification--
(i) is inconsistent with a provision of
section 3 or subsection (a) or (b) of section
4, as applicable; or
(ii) would not be permitted under
subparagraph (B); or
(B) specifies additional or alternative procedures
or requirements for the performance of notarizations
with respect to electronic records or for remotely
located individuals, if those additional or alternative
procedures or requirements--
(i) are consistent with section 3 and
subsections (a) and (b) of section 4; and
(ii) do not accord greater legal effect to
the implementation or application of a specific
technology or technical specification for
performing those notarizations; and
(2) requires the retention of an audio and visual recording
of the performance of a notarization for a remotely located
individual for a period of not less than 5 years after the
recording is created.
(b) Rule of Construction.--Nothing in section 5 or 6 may be
construed to preclude the recognition of a notarization under
applicable State law, regardless of whether such State law is
consistent with section 5 or 6.
SEC. 10. STANDARD OF CARE; SPECIAL NOTARIAL COMMISSIONS.
(a) State Standards of Care; Authority of State Regulatory
Officials.--Nothing in this Act may be construed to prevent a State, or
a notarial regulatory official of a State, from--
(1) adopting a requirement in this Act as a duty or
standard of care under the laws of that State or sanctioning a
notary public for breach of such a duty or standard of care;
(2) establishing requirements and qualifications for, or
denying, refusing to renew, revoking, suspending, or imposing a
condition on, a commission or appointment as a notary public;
(3) creating or designating a class or type of commission
or appointment, or requiring an endorsement or other
authorization to be received by a notary public, as a condition
on the authority to perform notarizations with respect to
electronic records or for remotely located individuals; or
(4) prohibiting a notary public from performing a
notarization under section 3 or 4 as a sanction for a breach of
duty or standard of care or for official misconduct.
(b) Special Commissions or Authorizations Created by a State;
Sanction for Breach or Official Misconduct.--A notary public may not
perform a notarization under section 3 or 4 if--
(1)(A) the notary public's State has enacted a law that
creates or designates a class or type of commission or
appointment, or requires an endorsement or other authorization
to be received by a notary public, as a condition on the
authority to perform notarizations with respect to electronic
records or for remotely located individuals; and
(B) the commission or appointment of the notary public is
not of the class or type or the notary public has not received
the endorsement or other authorization; or
(2) the notarial regulatory official of the notary public's
State has prohibited the notary public from performing the
notarization as a sanction for a breach of duty or standard of
care or for official misconduct.
SEC. 11. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be invalid or
unconstitutional, the remainder of this Act and the application of the
provisions thereof to other persons or circumstances shall not be
affected by that holding.
<all>
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118S1213 | Training America’s Workforce Act | [
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
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],
[
"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1213 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1213
To require the Secretary of Labor to implement the industry-recognized
apprenticeship program process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Thune (for himself, Mr. Braun, Mr. Scott of South Carolina, and Mr.
Tuberville) 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 implement the industry-recognized
apprenticeship program process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training America's Workforce Act''.
SEC. 2. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS.
The Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
is amended--
(1) by redesignating section 4 as section 5; and
(2) by inserting after section 3 the following:
``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS.
``(a) Definitions.--In this section:
``(1) Industry-recognized apprenticeship program.--The term
`industry-recognized apprenticeship program'--
``(A) means a high-quality, competency-based
apprenticeship program that is--
``(i) recognized by a standards recognition
entity; and
``(ii) developed or delivered by an entity
such as a trade or industry group, corporation,
nonprofit organization, institution of higher
education, labor organization, or labor-
management organization (among other entities,
as determined appropriate by the Secretary);
and
``(B) may include a program that meets the
requirements of subparagraph (A) and trains apprentices
to perform construction activities.
``(2) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(3) Standards recognition entity.--The term `standards
recognition entity' means a private sector or public sector
entity that--
``(A) is recognized by the Secretary (acting
through the Administrator of the Office of
Apprenticeship of the Department of Labor) for purposes
of recognizing apprenticeship programs as industry-
recognized apprenticeship programs;
``(B) has a demonstrated ability to ensure an
industry-recognized apprenticeship program meets the
standards described in subsection (d); and
``(C) has the capacity to perform the oversight
necessary to ensure the ongoing compliance of an
industry-recognized apprenticeship program with such
standards.
``(b) Recognition of Industry-Recognized Apprenticeship Programs.--
``(1) In general.--By not later than 1 year after the date
of enactment of the Training America's Workforce Act, the
Secretary, after consultation with private sector industry
associations, institutions of higher education, State, local,
and Tribal governmental agencies, and other stakeholders the
Secretary determines appropriate, shall establish a process to
recognize entities as standards recognition entities for
purposes of recognizing industry-recognized apprenticeship
programs under this Act.
``(2) Limited discretion.--The Secretary shall not deny
recognition as a standards recognition entity to a private
sector or public sector entity that meets the requirements of
subparagraphs (B) and (C) of subsection (a)(3) and
satisfactorily completes the process established under
paragraph (1).
``(3) Administrative flexibility.--The Secretary shall
ensure that the recognition process for standards recognition
entities established under paragraph (1) is a flexible process
with low administrative and reporting burdens for the standards
recognition entities and industry-recognized apprenticeship
programs.
``(c) Requirements.--The recognition process of standards
recognition entities and the activities and procedures carried out by
the standards recognition entities shall, to the maximum extent
practicable and except as otherwise explicitly provided in this
section, be consistent with the requirements, activities, and
procedures under subpart B of part 29 of title 29, Code of Federal
Regulations, as such subpart was in effect on May 11, 2020.
``(d) Standards.--Each standards recognition entity shall establish
standards for the industry-recognized apprenticeship programs
recognized by the entity that, at a minimum, ensure that each industry-
recognized apprenticeship program--
``(1) includes--
``(A) paid work;
``(B) on-the-job learning;
``(C) a mentorship component;
``(D) education and classroom instruction;
``(E) a written training plan and apprenticeship
agreement; and
``(F) safety and supervision components; and
``(2) provides, during participation in or upon completion
of the apprenticeship, an industry-recognized credential.
``(e) Rule of Construction.--Nothing in this section shall be
construed as affecting apprenticeship programs registered under this
Act and recognized by the Secretary.''.
<all>
</pre></body></html>
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118S1214 | RARE Act | [
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1214 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1214
To set forth limitations on exclusive approval or licensure of drugs
designated for rare diseases or conditions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Ms. Baldwin introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To set forth limitations on exclusive approval or licensure of drugs
designated for rare diseases or conditions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retaining Access and Restoring
Exclusivity Act'' or the ``RARE Act''.
SEC. 2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN DRUGS.
(a) In General.--Section 527 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360cc) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``same disease or condition'' and inserting
``same approved use or indication within such rare disease or
condition'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``same rare disease or condition'' and
inserting ``same approved use or indication for which
such 7-year period applies to such already approved or
licensed drug''; and
(B) in paragraph (1), by inserting ``, relating to
the approved use or indication,'' after ``the needs'';
(3) in subsection (c)(1), by striking ``same rare disease
or condition as the already approved drug'' and inserting
``same use or indication for which the already approved or
licensed drug was approved or licensed''; and
(4) by adding at the end the following:
``(f) Approved Use or Indication Defined.--In this section, the
term `approved use or indication' means the use or indication approved
under section 505 of this Act or licensed under section 351 of the
Public Health Service Act for a drug designated under section 526 for a
rare disease or condition.''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply with respect to any drug designated under section 526
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb),
regardless of the date on which the drug was so designated, and
regardless of the date on which the drug was approved under section 505
of such Act (21 U.S.C. 355) or licensed under section 351 of the Public
Health Service Act (42 U.S.C. 262).
<all>
</pre></body></html>
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118S1215 | POWER Our Reservoirs Act | [
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1215 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1215
To require assessments of opportunities to install and maintain
floating photovoltaic solar panels at Bureau of Reclamation and Corps
of Engineers projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. King introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require assessments of opportunities to install and maintain
floating photovoltaic solar panels at Bureau of Reclamation and Corps
of Engineers projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Waters and Expand
Renewables on Our Reservoirs Act'' or the ``POWER Our Reservoirs Act''.
SEC. 2. FLOATING SOLAR ENERGY AT RECLAMATION PROJECTS.
(a) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(2) Reclamation project.--The term ``Reclamation project''
means--
(A) any reclamation or irrigation project,
including incidental features of the project--
(i) that is authorized by the reclamation
laws;
(ii) that is constructed by the United
States pursuant to the reclamation laws; or
(iii) in connection with which there is a
repayment or water service contract executed by
the United States pursuant to the reclamation
laws; or
(B) any project constructed by the Secretary of the
Interior for the reclamation of land.
(b) Assessment.--
(1) In general.--The Commissioner, in consultation with the
Secretary of Energy and the relevant National Laboratories of
the Department of Energy, shall conduct an assessment of
opportunities to install and maintain floating photovoltaic
solar panels at Reclamation projects.
(2) Requirements.--In conducting the assessment under
paragraph (1), the Commissioner shall--
(A) determine the economic, environmental, and
technical feasibility of installing and maintaining, or
contracting with third parties to install and maintain,
photovoltaic solar panels at Reclamation projects;
(B)(i) identify Reclamation projects with a high
potential for the installation and maintenance of
floating photovoltaic solar panels, including which
Reclamation projects are likely to have high
cobenefits; and
(ii) determine whether the installation and
maintenance at Reclamation projects identified under
clause (i) would require additional authorization;
(C) account for potential effects and benefits on
Reclamation projects and the authorized purposes of the
Reclamation projects of installing and maintaining
floating photovoltaic solar panels at the Reclamation
projects, including--
(i) evaporation suppression;
(ii) energy yield;
(iii) dam safety;
(iv) recreation;
(v) water quality; and
(vi) fish and wildlife;
(D) account for potential damage to floating
photovoltaic solar panels from--
(i) weather;
(ii) water-level fluctuations; and
(iii) recreational and other uses of the
Reclamation projects;
(E)(i) identify methods to monetarily quantify
cobenefits of floating photovoltaic solar panel
projects; and
(ii) identify mechanisms to pass those benefits to
project developers, and assess whether the use of such
mechanisms may increase the viability of floating
photovoltaic solar panel projects; and
(F) account for the availability of electric grid
infrastructure close to Reclamation projects, including
underutilized transmission infrastructure.
(3) Report to congress.--Not later than 18 months after the
date of enactment of this Act, the Commissioner shall submit to
Congress and make publicly available (including on a publicly
available website) a report describing the results of the
assessment conducted under paragraph (1).
(c) Pilot Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, if the Commissioner determines, based on
the results of the assessment conducted under subsection (b),
that establishing a pilot program is advisable, the
Commissioner shall establish a pilot program under which the
Commissioner, or an applicable non-Federal entity that is
acting in partnership with the Commissioner, subject to
paragraph (2), shall carry out projects to deploy floating
photovoltaic solar panels at Reclamation projects identified
under subsection (b)(2)(B).
(2) Requirements.--To be eligible to carry out a project
under paragraph (1), a non-Federal entity shall--
(A) agree to invest in and deploy floating
photovoltaic solar panels at the applicable Reclamation
project; and
(B) have the authority to enter into agreements,
including through public-private partnerships, for the
purpose of carrying out the applicable project under
that paragraph.
(3) Federal share.--The Federal share of the cost of
carrying out a project under paragraph (1)--
(A) shall not exceed 100 percent, in the case of a
project carried out by the Commissioner; and
(B) shall not exceed 50 percent, in the case of a
project carried out by a non-Federal entity, acting in
partnership with the Commissioner.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Commissioner to carry out this section $12,000,000
for fiscal year 2024, to remain available until expended.
(e) No Effect on Project Purposes.--Nothing in this section affects
the authorized purposes of a Reclamation project.
SEC. 3. FLOATING SOLAR ENERGY AT CORPS OF ENGINEERS PROJECTS.
(a) Definitions.--In this section:
(1) Corps of engineers project.--The term ``Corps of
Engineers project'' means any water resources development
project--
(A) constructed by the Secretary; or
(B) for which the Secretary has financial or
operational responsibility.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Sustainability Reports.--Beginning not later than 2 years after
the date of enactment of this Act, the Secretary shall include
renewable energy from floating photovoltaic solar panels as part of any
sustainability report and implementation plan of the Corps of
Engineers.
(c) Pilot Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, if supported by the results of the
assessment conducted under subsection (a) of section 8232 of
the Water Resources Development Act of 2022 (Public Law 117-
263), the Secretary shall establish a pilot program for the
deployment of floating photovoltaic solar panels at Corps of
Engineers projects identified under paragraph (2)(B) of that
subsection under which the Secretary or an applicable non-
Federal interest--
(A) agrees to invest in and deploy floating
photovoltaic solar panels; and
(B) may enter into agreements, including through
public-private partnerships, for the purpose of
carrying out such activities.
(2) Cost share.--The Federal share of the cost of a project
carried out under this subsection shall be--
(A) not more than 100 percent, in the case of a
project carried out by the Secretary; and
(B) not more than 50 percent, in the case of a
project carried out by a non-Federal interest.
(d) Funding.--
(1) In general.--The Secretary shall carry out this section
using amounts made available to the Secretary to carry out
section 8232 of the Water Resources Development Act of 2022
(Public Law 117-263) that are not otherwise obligated.
(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000 for fiscal year 2024, to remain available until
expended.
(e) No Effect on Project Purposes.--Nothing in this section affects
the authorized purposes of a Corps of Engineers project.
<all>
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118S1216 | Civilian Conservation Center Enhancement Act of 2023 | [
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"Sen. Kin... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1216 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1216
To amend Public Law 91-378 to authorize activities relating to Civilian
Conservation Centers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Merkley (for himself, Mr. Daines, Mr. Wyden, Mr. Rounds, and Mr.
King) introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend Public Law 91-378 to authorize activities relating to Civilian
Conservation Centers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Conservation Center
Enhancement Act of 2023''.
SEC. 2. CIVILIAN CONSERVATION CENTERS.
Public Law 91-378 (16 U.S.C. 1701 et seq.) is amended by adding at
the end the following:
``TITLE III--CIVILIAN CONSERVATION CENTERS
``SEC. 301. DEFINITIONS.
``In this title:
``(1) Civilian conservation center.--The term `Civilian
Conservation Center' means any residential workforce
development or training facility for underserved youth operated
by the Department of the Interior or the Department of
Agriculture.
``(2) Covered graduate.--The term `covered graduate' means
an individual who successfully completed a training program at
a Civilian Conservation Center.
``(3) Covered student.--The term `covered student' means an
individual who is enrolled in a training program at a Civilian
Conservation Center.
``(4) Secretaries.--The term `Secretaries' means--
``(A) the Secretary of Agriculture; and
``(B) the Secretary of the Interior.
``SEC. 302. CIVILIAN CONSERVATION CENTERS WILDFIRE AND CONSERVATION
TRAINING PROGRAM.
``(a) Specialized Training Programs.--The Secretaries, in
coordination with the Secretary of Labor, shall offer at Civilian
Conservation Centers specialized training programs focused on--
``(1) forestry and rangeland management;
``(2) wildland firefighting; or
``(3) any other topic relating to the mission of the Forest
Service or the Department of the Interior or the public
interest.
``(b) Prioritization.--The Secretaries shall prioritize offering
specialized training programs under subsection (a) at facilities
described in section 147(d) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3197(d)).
``SEC. 303. WILDLAND FIREFIGHTING WORKFORCE DEVELOPMENT PILOT.
``(a) In General.--
``(1) Experiment, research, or demonstration pilots.--The
Secretary of Agriculture, in coordination with the Secretary of
Labor, may carry out experimental, research, or demonstration
pilots to provide career and technical education curricula and
course offerings to advance the missions of the Department of
Agriculture at Civilian Conservation Centers operated by the
Department of Agriculture, including facilities described in
section 147(d) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3197(d)).
``(2) Curricula and courses.--Curricula and courses
described in paragraph (1) include--
``(A) incident management and emergency response
logistics;
``(B) disaster response;
``(C) forest products measurement;
``(D) timber sale administration and preparation;
``(E) heavy equipment operation;
``(F) equipment and mechanical services;
``(G) industrial electrical;
``(H) machining;
``(I) mill operations;
``(J) forest restoration;
``(K) habitat and water quality monitoring;
``(L) watershed and habitat enhancement;
``(M) range management;
``(N) recreation access improvement;
``(O) volunteers and visitors enhancement; and
``(P) historic preservation.
``(b) Requirements.--In carrying out subsection (a), the Secretary
of Agriculture shall--
``(1) identify workforce needs in public land agencies,
forest, conservation, and recreation industries, and rural
communities, after consulting with State governments and
agencies, Federal emergency management and public land
agencies, local communities, institutions of higher education,
and Indian Tribes;
``(2) develop marketing, recruitment, and retention
materials for the curricula and courses offerings provided
under subsection (a); and
``(3) provide specialized staff necessary to teach
curricula and courses offerings provided under subsection (a),
to the extent practicable.
``SEC. 304. WILDLAND FIREFIGHTING WORKFORCE ENHANCEMENT.
``(a) Recruitment Goals and Investments.--
``(1) Recruitment goal.--The Secretaries--
``(A) shall each set goals of--
``(i) hiring 300 covered graduates annually
to contribute to wildland firefighting or other
critical workforce needs within the respective
Department of each of the Secretaries;
``(ii) a certain percentage of covered
graduates annually attaining employment within
the wildland firefighting, natural resources,
forestry, or a related field; and
``(iii) a certain percentage of covered
graduates annually attaining employment; and
``(B) may make investments to support the
recruitment, training, hiring, and retention of covered
graduates.
``(2) Signing bonus.--The Secretaries may provide for a
signing bonus to enable the successful employment and
transition of covered graduates, including for the purpose of
securing housing in rural and remote communities.
``(b) Direct Hire Authority.--For fiscal year 2023 and each fiscal
year thereafter, the Secretaries may appoint, without regard to the
provisions of subchapter I of chapter 33 of title 5, United States
Code, other than sections 3303 and 3328 of that title, a covered
graduate directly to a position for which the covered graduate meets
Office of Personnel Management qualification standards.
``(c) Pathways to Employment.--The Secretaries shall ensure that
appropriate career pathways are developed for covered graduates of
relevant Civilian Conservation Center training programs.
``(d) Disadvantaged Youth Employment.--Notwithstanding any other
provision of law, the Secretaries may employ covered students at
regular rates of pay for necessary hours of work.
``(e) Use of Covered Students for Contracts, Agreements, and
Grants.--To the maximum extent practicable, the Secretary of
Agriculture shall encourage the use of covered students to fulfill
obligations under contracts, agreements, and grants relevant to the
training administered by the Forest Service at a unit of the National
Forest System where a Civilian Conservation Center is located.
``SEC. 305. WILDLAND FIREFIGHTING HOUSING PILOT PROGRAM.
``(a) In General.--The Secretaries shall establish a pilot program
to employ covered students to improve and expand the housing stock
owned by the Federal Government for the purpose of housing wildland
firefighters, volunteers, partner crewmembers, interns, and other
agency employees.
``(b) Requirements.--In carrying out the pilot program under
subsection (a), the Secretaries shall--
``(1) identify properties currently owned by the Federal
Government that would be appropriate housing for wildland
firefighters, volunteers, partner crewmembers, interns, and
other agency employees;
``(2) identify areas where the construction of new housing
described in paragraph (1) would be appropriate and
sustainable; and
``(3) submit to Congress a prioritized list of projects for
renovation with a plan for how the Secretaries will employ
covered students to repair, renovate, and remediate the
properties identified under paragraph (1).
``SEC. 306. REPORT.
``Not later than 1 year after the date of enactment of this title,
the Secretaries shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives a report--
``(1) describing underutilized capacity at Civilian
Conservation Centers, based on an assessment conducted by the
Secretaries; and
``(2) identifying the investments, improvements, and
efficiencies necessary to utilize the full capacity of Civilian
Conservation Centers.''.
<all>
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118S1217 | Ending the Prescription Drug Kickback Act of 2023 | [
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1217 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1217
To prohibit the distribution and receipt of rebates for prescription
drugs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit the distribution and receipt of rebates for prescription
drugs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending the Prescription Drug
Kickback Act of 2023''.
SEC. 2. REQUIREMENTS FOR PRESCRIPTION DRUG BENEFITS.
(a) Removal of Safe Harbor Protection for Rebates 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.--
``(A) In general.--The safe harbor described in
paragraph (3)(A) shall not apply to a rebate or other
remuneration, including a rebate or other remuneration
intended to influence formulary tier placement or its
equivalent, from a manufacturer of prescription drugs
or an entity that provides pharmacy benefits management
services.
``(B) Definitions.--In this paragraph:
``(i) Entity that provides pharmacy
benefits management services.--The term `entity
that provides pharmacy benefits management
services' means--
``(I) any person, business, or
other entity that provides, directly or
through an intermediary, the service
of--
``(aa) negotiating terms
and conditions with respect to
a prescription drug on behalf
of a health plan under a
Federal health care program; or
``(bb) managing the
prescription drug benefits
provided by the plan, which may
include formulary management,
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, or the provision of
related services; or
``(II) any entity that is owned,
affiliated, or related under a common
ownership structure with a person,
business, or entity described in
subclause (I).
``(ii) Rebate.--The term `rebate' means any
discount the terms of which are fixed and
disclosed in writing to the buyer at the time
of the purchase to which the discount applies,
but which is not given at the time of
purchase.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2025.
(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 on its behalf does not, receive from a drug manufacturer a
rebate or other remuneration, including a rebate or other remuneration
intended to influence formulary tier placement or its equivalent, with
respect to any prescription drug received by an enrollee in the plan or
coverage and covered by the plan or coverage.
``(b) Definitions.--For purposes of this section--
``(1) the term `entity that provides pharmacy benefits
management services' means--
``(A) any person, business, or other entity that
provides, directly or through an intermediary, the
service of--
``(i) negotiating terms and conditions with
respect to a prescription drug on behalf of a
group health plan or group or individual health
insurance coverage; or
``(ii) managing the prescription drug
benefits provided by the plan or coverage,
which may include formulary management, 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, or the provision of related
services; or
``(B) any entity that is owned, affiliated, or
related under a common ownership structure with a
person, business, or entity described in paragraph (1);
and
``(2) the term `rebate' means any discount the terms of
which are fixed and disclosed in writing to the buyer at the
time of the purchase to which the discount applies, but which
is not given at the time of purchase.''.
(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 on
its behalf does not, receive from a drug manufacturer a rebate or other
remuneration, including a rebate or other remuneration intended to
influence formulary tier placement or its equivalent, with respect to
any prescription drug received by an enrollee in the plan or coverage
and covered by the plan or coverage.
``(b) Definitions.--For purposes of this section--
``(1) the term `entity that provides pharmacy benefits
management services' means--
``(A) any person, business, or other entity that
provides, directly or through an intermediary, the
service of--
``(i) negotiating terms and conditions with
respect to a prescription drug on behalf of a
group health plan or group health insurance
coverage; or
``(ii) managing the prescription drug
benefits provided by the plan or coverage,
which may include formulary management, 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, or the provision of related
services; or
``(B) any entity that is owned, affiliated, or
related under a common ownership structure with a
person, business, or entity described in paragraph (1);
and
``(2) the term `rebate' means any discount the terms of
which are fixed and disclosed in writing to the buyer at the
time of the purchase to which the discount applies, but which
is not given at the time of purchase.''.
(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. 726. 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 on
its behalf does not, receive from a drug manufacturer a rebate or other
remuneration with respect to any prescription drug received by an
enrollee in the plan and covered by the plan.
``(b) Definitions.--For purposes of this section--
``(1) the term `entity that provides pharmacy benefits
management services' means--
``(A) any person, business, or other entity that
provides, directly or through an intermediary, the
service of--
``(i) negotiating terms and conditions with
respect to a prescription drug on behalf of a
group health plan; or
``(ii) managing the prescription drug
benefits provided by the plan, which may
include formulary management, 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,
or the provision of related services; or
``(B) any entity that is owned, affiliated, or
related under a common ownership structure with a
person, business, or entity described in paragraph (1);
and
``(2) the term `rebate' means any discount the terms of
which are fixed and disclosed in writing to the buyer at the
time of the purchase to which the discount applies, but which
is not given at the time of purchase.''.
(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. 9826. 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, 2025.
<all>
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118S1218 | Fair Prescription Drug Prices for Americans Act | [
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1218 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1218
To require that the retail list price for certain prescription drugs
and biological products may not exceed the average retail list price
for the drug or biological product among certain nations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require that the retail list price for certain prescription drugs
and biological products may not exceed the average retail list price
for the drug or biological product among certain nations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Prescription Drug Prices for
Americans Act''.
SEC. 2. INTERNATIONAL REFERENCE PRICING FOR PRESCRIPTION DRUGS AND
BIOLOGICAL PRODUCTS.
(a) Definitions.--In this section:
(1) Biological product.--The term ``biological product''
means a biological product licensed under subsection (a) or (k)
of section 351 of the Public Health Service Act (42 U.S.C.
262).
(2) Drug.--The term ``drug'' means a drug approved under
subsection (c) or (j) of section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Cap on Retail List Price of Prescription Drugs and Biological
Products.--The retail list price in the United States for a drug or a
biological product may not exceed the average retail list price for the
drug or biological product among Canada, France, Germany, Italy, Japan,
and the United Kingdom, as calculated under subsection (c).
(c) Calculation of Average Retail List Price.--The Secretary shall
calculate on an annual basis the average retail list price for each
drug and biological product sold in Canada, France, Germany, Italy,
Japan, and the United Kingdom, through a combination of data reported
by manufacturers of drugs and biological products under subsection (e)
and data obtained through review of publicly filed materials by
manufacturers of drugs and biological products in such countries.
(d) Civil Monetary Penalty.--
(1) In general.--Any manufacturer that violates subsection
(b) with respect to a drug or biological product shall be
subject to a civil monetary penalty imposed by the Secretary in
amount equal to the product obtained by multiplying--
(A) the difference between--
(i) the list price for the drug or
biological product sold in the United States;
and
(ii) the average retail list price for the
drug or biological product sold in Canada,
France, Germany, Italy, Japan, and the United
Kingdom, as calculated under subsection (c);
and
(B) 10.
(2) Requirement.--The amount of a civil monetary penalty
under paragraph (1) shall be calculated and charged for each
unit of drug or biological product sold.
(e) Data Collection.--Each manufacturer of a drug or biological
product shall submit to the Secretary on an annual basis--
(1) the list price for the drug or biological product sold
in the United States; and
(2) the list price for the drug or biological product sold
in each of Canada, France, Germany, Italy, Japan, and the
United Kingdom.
(f) Guidance and Regulations.--The Secretary shall issue guidance
and promulgate regulations to implement this section.
<all>
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118S1219 | Health Equity for People with Disabilities Act | [
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
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"Sen. Merkley, Jeff [D-OR]",
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"... | <p><strong>Health Equity for People with Disabilities Act</strong></p> <p>This bill modifies certain grants available to health centers that offer primary health services to medically underserved populations to ensure that members of such populations with disabilities receive accessible health services.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1219 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1219
To amend the Public Health Service Act to provide health equity for
people with disabilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Casey (for himself, Mr. Merkley, Mr. Welch, Mr. Kaine, Mrs.
Gillibrand, and Ms. Duckworth) 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 health equity for
people with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Equity for People with
Disabilities Act''.
SEC. 2. HEALTH EQUITY FOR PEOPLE WITH DISABILITIES.
(a) In General.--Section 330 of the Public Health Service Act (42
U.S.C. 254b) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``including people with disabilities within
these populations;'' after ``public housing,''; and
(B) in subparagraph (A), by inserting ``including
accessible healthcare services'' before the semicolon;
(2) in subsection (b)--
(A) in paragraph (1)(A)--
(i) in clause (i), in the matter preceding
subclause (I), by inserting ``, including
accessible healthcare services'' after ``health
services'';
(ii) in clause (iv), by inserting ``,
including people with disabilities,'' after
``enable individuals''; and
(iii) in clause (v), by inserting ``,
including people with disabilities,'' after
``health center''; and
(B) by adding at the end the following:
``(4) Disability.--The term `disability' has the meaning
given such term in the Americans with Disabilities Act of
1990.'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, including people with
disabilities within these medically underserved
populations'' before the first period; and
(ii) by inserting ``accessible'' after
``lease of''; and
(B) in subparagraph (E), by inserting ``non-profit
health and wellness agencies,'' after ``local
hospitals,'';
(4) in subsection (d)--
(A) in paragraph (1)(A), by inserting ``or with
disabilities'' before the semicolon; and
(B) in paragraph (3), by inserting ``or for
addressing barriers to care affecting people with
disabilities in their communities'' before the period;
(5) in subsection (e)(6)(A)(ii), insert ``, or will serve a
significant population of people with disabilities'' after
``other applicants'';
(6) in subsection (f)(1)(B), by inserting ``, including
people with disabilities,'' after ``women and children'';
(7) in subsection (g)(1)(A), by inserting ``, including
people with disabilities'' before the semicolon;
(8) in subsection (h)(1), by striking ``and veterans at
risk of homelessness'' and inserting ``veterans at risk of
homelessness, and people with disabilities who are homeless or
at risk of homelessness'';
(9) in subsection (i)(1), by inserting ``, inclusive of
people with disabilities in these communities'' before the
period; and
(10) in subsection (j)(4)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) provide communication devices, aids, or
services to meet disability accessibility
requirements.''.
(b) Rule of Construction.--Nothing in the amendments made by
subsection (a) shall be construed to modify the manner in which funding
is provided to targeted populations on the date of enactment of this
Act or to otherwise shift the focus of programming for such
populations. Such amendments are intended to ensure that members of
targeted populations with disabilities are included in such
programming, have access to care, and are served under programs under
section 330 of the Public Health Service Act (as amended by this
section).
<all>
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118S122 | Ensuring Workers Get PAID Act of 2023 | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
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] | <p><strong>Ensuring Workers Get PAID Act of 202</strong><b>3</b></p> <p>This bill reestablishes the Payroll Audit Independent Determination program, which is administered by the Department of Labor and allows employers to self-report federal minimum wage and overtime compensation violations as an alternative to litigation.</p> <p>Employers may apply to the program by submitting certain information from a self-audit that includes calculations of any unpaid minimum or overtime wages. Labor must verify the calculations and, if the application is approved, supervise a settlement with affected employees that provides payment of any unpaid wages. Employees who accept a settlement under the program waive their private right of action to recover the unpaid wages provided under the settlement.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 122 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 122
To establish the Payroll Audit Independent Determination program in the
Department of Labor.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 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 establish the Payroll Audit Independent Determination program in the
Department of Labor.
Be it enacted by the Senate 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 Workers Get PAID Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2018, the Department of Labor launched the
nationwide Payroll Audit Independent Determination pilot
program (referred to in this section as ``PAID pilot
program'').
(2) The Secretary of Labor, acting through the
Administrator of the Wage and Hour Division, established the
PAID pilot program to complement enforcement and compliance
assistance tools undertaken by the Wage and Hour Division of
the Department of Labor.
(3) The Secretary has a longstanding practice of providing
self-audit and office audit programs, as noted by Secretary
Marty Walsh in a response for the record following a hearing
before the Committee on Education and Labor of the House of
Representatives on June 9, 2021.
(4) The Wage and Hour Division, through the PAID pilot
program, worked with employers on a voluntary basis to remedy
unintentional violations of the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.), which is the Federal statute
establishing minimum wage, overtime pay, recordkeeping, and
youth-employment requirements affecting employees in the
private sector and in Federal, State, and local governments.
(5) The PAID pilot program yielded positive results for
employers and employees. Between April 1, 2018, and September
15, 2019, the Wage and Hour Division concluded 74 PAID pilot
program cases, representing less than one percent of all
compliance actions under the Fair Labor Standards Act of 1938,
with a total of $4,131,238 in back wages paid to 7,429
employees through such PAID pilot program cases.
(6) Self-audits through the PAID pilot program by employers
returned more back wages to employees in less time than
compliance actions overall. In fact, during the period
described in paragraph (5)--
(A) the average back wages paid per case for PAID
pilot program cases ($55,828) were more than 4 times
the average back wages paid per compliance action
($11,355);
(B) the average back wages paid per enforcement
hour for PAID pilot program cases ($2,864) was more
than 10 times greater than the average back wages paid
per enforcement hour for compliance actions ($279);
(C) on average, nearly 10 times more employees
received back wages in each PAID pilot program case
than in investigations conducted using traditional
methods;
(D) self-audits through the PAID pilot program
averaged 19 hours per case as compared to 41 hours per
case for the Secretary conducted using traditional
methods; and
(E) self-audits through the PAID pilot program
reached employers that the Wage and Hour Division would
not typically prioritize for enforcement, including
government establishments and industry sectors with
higher wage occupations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affected employee.--The term ``affected employee''
means an employee affected by a violation of a minimum wage or
overtime hours requirement of the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.), excluding any employee subject to
prevailing wage requirements under the H-1B, H-2B, or H-2A visa
programs, subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis-Bacon Act''),
or chapter 67 of title 41, United States Code (commonly known
as the ``Service Contract Act'').
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Wage and Hour Division of the Department
of Labor.
(3) Employee.--The term ``employee''--
(A) has the meaning given such term in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203);
and
(B) with respect to an employer, includes a former
employee of such employer.
(4) Employer.--The term ``employer'' has the meaning given
such term in section 3 of such Act.
(5) Good faith.--The term ``good faith'' means, with
respect to an employer applying for participation in the
Payroll Audit Independent Determination program established
under section 4, that such employer is not, at the time such
employer submits an application for such program--
(A) under investigation by the Secretary for an
alleged violation of a minimum wage or overtime hours
requirement of the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.); or
(B) subject to a lawsuit related to an alleged
violation of such a requirement.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) Self-audit.--The term ``self-audit'' means an audit
conducted by an employer to resolve inaccuracies by the
employer in the computation of wages and overtime compensation
required under the Fair Labor Standards Act of 1938 within the
statute of limitations described in section 6(a) of the Portal-
to-Portal Act of 1947 (29 U.S.C. 255(a)).
SEC. 4. PAYROLL AUDIT INDEPENDENT DETERMINATION PROGRAM.
(a) Program Establishment.--The Administrator shall establish a
Payroll Audit Independent Determination program (referred to in this
section as the ``program'') to foster collaboration with employers that
inadvertently violate the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) to voluntarily remedy, within the statute of limitations
described in section 6(a) of the Portal-to-Portal Act of 1947 (29
U.S.C. 255(a)), unpaid minimum wages or overtime compensation owed to
any affected employee under the Fair Labor Standards Act of 1938.
(b) Application Requirements.--
(1) Resources for compliance assistance.--Not later than 30
days after the date of enactment of this Act, the Administrator
shall make available to employers resources for assistance in
complying with the Fair Labor Standards Act of 1938, including
content regarding wage and hour requirements, which shall be
offered online, through printed materials, and through other
outreach activities.
(2) Application.--An employer seeking to participate in the
program shall submit an application to the Administrator that
includes--
(A) materials related to and the results of a self-
audit, including--
(i) an identification of any practice of
such employer identified in a self-audit that
may violate a minimum wage or overtime
compensation requirement of the Fair Labor
Standards Act of 1938; and
(ii) a list of each employee who may be an
affected employee with respect to such
violation, including--
(I) the period of time such
employee would have been affected by
such violation;
(II) payroll records related to
such employee for such period with
information on the hours of work
performed by such employee;
(III) calculations of unpaid
minimum wages or overtime compensation
owed to such employee under the Fair
Labor Standards Act of 1938 with a
description of the methodology of such
calculation and supporting evidence;
and
(IV) contact information for such
employee;
(B) an explanation of the scope of potential
violations of a minimum wage or overtime compensation
requirement of such Act for inclusion in a release of
claims under subsection (d);
(C) an assurance that any practice of such employer
that violates a minimum wage or overtime compensation
requirement of the Fair Labor Standards Act of 1938
that is identified in the self-audit has been corrected
to comply with such Act;
(D) an assurance that such employer has, prior to
submitting such application, reviewed the compliance
assistance resources made available under paragraph (1)
and all program information, terms, and requirements;
(E) an assurance that, on the date of submission of
such application, such employer--
(i) is not involved in any litigation
regarding any practice of such employer that is
identified in the self-audit; and
(ii) has not received any communications
from an employee or a representative of an
employee seeking to litigate or settle claims
related to any such practice; and
(F) an assurance that no employee listed in
subparagraph (A)(ii) is subject to a prevailing wage
requirement under the H-1B, H-2B, or H-2A visa
programs, subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the
``Davis-Bacon Act''), or chapter 67 of title 41, United
States Code (commonly known as the ``Service Contract
Act'').
(c) Application Review and Approval.--
(1) Review and amendment.--The Administrator shall review
each application submitted by an employer under subsection
(b)(2). As part of such review, the Administrator shall--
(A) as necessary, consult with such employer
regarding--
(i) the self-audit and supporting materials
submitted in the application; and
(ii) the process for approval of such
application and settlement of unpaid minimum
wages or overtime compensation owed to any
affected employee under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.);
(B) inform such employer in a timely manner and
prior to a determination on the approval of the
application if additional information is needed to
assess the unpaid minimum wages or overtime
compensation owed to any affected employee for the
violations of such Act identified in the application
through the self-audit; and
(C) provide such employer an opportunity to amend
such application to revise the scope of the practices
of such employer that violate a minimum wage or
overtime compensation requirement of the Fair Labor
Standards Act of 1938 that are identified in the
application through self-audit, to update the list of
affected employees with respect to the practices at
issue in the self-audit, and to update the calculations
of unpaid minimum wages or overtime compensation owed
to any affected employee as a result of such
violations.
(2) Approval.--
(A) In general.--If the conditions under
subparagraph (B) are satisfied with respect to an
application submitted under subsection (b)(2), the
Administrator shall--
(i) approve the application--
(I) in the case the application has
not been amended under paragraph
(1)(C), not later than 30 days after
such submission; or
(II) in the case the application
has been amended under paragraph
(1)(C), not later than 30 days after
the date of submission of such amended
application; and
(ii) supervise the settlement under
subsection (d), including the payment of any
unpaid minimum wages or overtime compensation
under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) required through such
settlement.
(B) Conditions for approval.--An application
submitted under subsection (b)(2) shall be approved
under subparagraph (A) if--
(i) within the scope of the violations
identified by the employer through the
application or an amendment to the application
under paragraph (1)(C), the Administrator
verifies that the self-audit and calculation of
unpaid minimum wages or overtime compensation
owed to any affected employee under the Fair
Labor Standards Act of 1938 submitted in such
application or amendment are accurate; and
(ii) the employer submitting the
application--
(I) is determined to be acting in
good faith regarding violations of the
Fair Labor Standards Act of 1938
identified in such application or
amendment;
(II) has not been found by the
Administrator or any court of law to
have violated a minimum wage or
overtime compensation requirement of
such Act during the 5 years immediately
preceding submission of such
application; and
(III) has not been approved for
participation in the program prior to
the submission of such application,
unless--
(aa) such participation was
for a distinct violation of the
Fair Labor Standards Act of
1938 than the practice
identified in the self-audit
under subsection (b)(2); and
(bb) such employer has
submitted the necessary
materials for the Administrator
to verify that such employer is
not engaging in the practice
addressed by the previous
participation of the employer
in the program.
(d) Settlement.--
(1) In general.--For each employer that submits an
application under subsection (b)(2) that is approved under
subsection (c)(2), the Administrator shall--
(A) provide to the employer a description of the
scope of the potential release of claims for violations
of minimum wage or overtime compensation requirements
of the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.) and a summary of any unpaid minimum wages or
overtime compensation owed to each affected employee
under such Act for such violations; and
(B) issue a release form to each affected employee
of such employer that describes the settlement terms,
which shall include a written explanation of--
(i) the waiver under paragraph (2)(B); and
(ii) the right of the affected employee
receiving the offer for settlement to decline
the offer for settlement and preserve any
private right of action of the employee to
recover any unpaid minimum wages or overtime
compensation owed to the employee under the
Fair Labor Standards Act of 1938 as a result of
such violations.
(2) Acceptance of settlement.--
(A) In general.--An affected employee offered a
settlement through a release form under paragraph
(1)(B) may accept or decline the offer.
(B) Waiver of private right of action.--The
acceptance by an affected employee of an offer of
settlement under subparagraph (A) shall, upon payment
in full of any amounts owed to the employee under the
settlement, constitute a waiver by such employee of any
right such employee may have under section 16 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 216) to a
private right of action to recover unpaid minimum wages
or overtime compensation, including any liquidated
damages, for the violations addressed by the
settlement.
(3) Payment of settlement.--For each affected employee that
accepts a settlement through a release form under paragraph
(1)(B), the employer shall--
(A) pay such employee the full amount of unpaid
minimum wages or overtime compensation owed to such
employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) for the violations addressed in the
settlement; and
(B) submit proof of payment of such full amount to
the Administrator.
(e) Additional Requirements.--
(1) Denials.--In the case of an application submitted by an
employer under subsection (b)(2) and not approved under
subsection (c)(2), the Administrator may not--
(A) use information submitted in the application in
an investigation against the employer;
(B) use the fact such employer applied to the
program as a basis for any future investigation, except
in a case in which the Administrator has reason to
believe that the health and safety of an employee is at
risk due to an alleged violation related to a
requirement enforced by the Secretary involving child
labor, agricultural worker protections, or housing or
transportation requirements under the H-2A or H-2B visa
programs; or
(C) communicate to any affected employee of such
employer in response to receipt of such application to
notify such employee of the private right of action of
such employee to resolve potential violations of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), particularly with respect to the wage practices
at issue in the self-audit.
(2) Expansion of scope.--The Administrator may not expand
the scope of the violations to be investigated or settled
through an employer's participation in the program beyond the
violations identified by the employer in the application
submitted by the employer under subsection (b)(2) or the
amended application submitted by the employer under subsection
(c)(1)(C).
(3) No payments required.--The Administrator may not
require any form of payment by an employer to apply, qualify,
or participate in the program.
(4) Exemption from discovery.--Any information submitted in
an application to the program under subsection (b)(2), or an
amendment to such application under subsection (c)(1)(C), may
not be subject to discovery in a Federal or State court
proceeding without the consent of the employer that submitted
the application.
(f) Retaliation.--Section 15(a)(3) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 215(a)(3)) is amended by inserting before the
semicolon the following: ``, or has accepted or declined to accept an
offer for settlement under section 4(d) of the Ensuring Workers Get
PAID Act of 2023''.
<all>
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"S001217",
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1220 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1220
To establish the position of Special Envoy to the Pacific Islands
Forum.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Kennedy (for himself, Mr. Schatz, Mr. Hagerty, Mr. Van Hollen, Mr.
Scott of Florida, Mrs. Shaheen, Mrs. Blackburn, Mr. Kaine, Mr. Cassidy,
Ms. Duckworth, Mr. Cardin, Mr. Peters, and Mr. Rubio) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To establish the position of Special Envoy to the Pacific Islands
Forum.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. and Pacific Islands Forum
Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Pacific Islands Forum (referred to in this Act as
``PIF'') was established in 1971.
(2) PIF is committed to accelerating economic growth,
social progress, cultural development, and regional peace and
stability.
(3) The United States is committed to a free and open Indo-
Pacific and to peace, security, and prosperity in the region.
(4) The United States seeks to maintain and further develop
a constructive and cordial relationship with PIF and its member
nations, including the Freely Associated States (the Marshall
Islands, Micronesia, and Palau), which have special economic
and security ties with the United States.
(5) The United States seeks to contribute to regional
stability in the Pacific region through assistance efforts to
combat illegal fishing, enhance maritime security, build
resilient infrastructure, and promote sound, just, and
responsive governance within the Pacific region to empower
citizens, help combat corruption, and strengthen nations'
autonomy.
(6) The Smaller Island States of PIF (the Cook Islands, the
Federated States of Micronesia, Kiribati, the Marshall Islands,
Nauru, Niue, Palau, and Tuvalu) are the most vulnerable of PIF
countries.
(7) Increased United States diplomatic engagement and
developmental assistance can help alleviate the vulnerabilities
linked to the small size of the Smaller Island States, their
lack of natural resources, remoteness, and across the PIF
region, by addressing the range of development challenges that
limit their capacity to ensure democratic, economic, and
environmental resilience and long-term sustainable development.
(8) It is in the long-term interest of the United States to
maintain and expand a relationship with PIF and its member
nations.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States must increase its diplomatic activity
and presence in the Pacific, particularly among Pacific Island
nations; and
(2) the Special Envoy to the Pacific Islands Forum--
(A) should coordinate policies across the Pacific
region with like-minded democracies; and
(B) should have a direct line to the President and
the Secretary of State to communicate regarding the
unique and particular needs of Pacific partner nations.
SEC. 4. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by adding at the end the following:
``(n) Special Envoy to the Pacific Islands Forum.--
``(1) Appointment.--The President shall appoint, by and
with the advice and consent of the Senate, a qualified
individual to serve as Special Envoy to the Pacific Islands
Forum (referred to in this section as the `Special Envoy'). The
Special Envoy may not concurrently serve as a United States
Ambassador to an individual country.
``(2) Duties.--The Special Envoy shall--
``(A) represent the United States in its role as
dialogue partner to the Pacific Islands Forum; and
``(B) carry out such other duties as the President
or the Secretary of State may prescribe.''.
SEC. 5. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit a report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that describes how the Department of State
will increase its ability to recruit and retain highly-qualified
ambassadors, special envoys, and other senior personnel in posts in
Pacific island countries as the Department expands its diplomatic
footprint throughout the region.
<all>
</pre></body></html>
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118S1221 | Supporting NEW BUSINESSES Act | [
[
"C001113",
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[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1221 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1221
To require the Administrator of the Small Business Administration to
provide awards to recognize State and local governments that improve
the process of forming a new business, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Cortez Masto (for herself and Mr. Moran) introduced the following
bill; which was read twice and referred to the Committee on Small
Business and Entrepreneurship
_______________________________________________________________________
A BILL
To require the Administrator of the Small Business Administration to
provide awards to recognize State and local governments that improve
the process of forming a new business, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting New Entrepreneurs and
Workers By Undoing and Streamlining Inhibitors to Nascent Enterprises
through Supporting Successful Efficiency Solutions Act'' or the
``Supporting NEW BUSINESSES Act''.
SEC. 2. AWARDS FOR STREAMLINING THE PROCESS OF BUSINESS FORMATION.
(a) In General.--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. AWARDS FOR STREAMLINING THE PROCESS OF BUSINESS FORMATION.
``(a) In General.--The Administrator shall, on an annual basis,
provide 3 awards to recognize State and local governments that
implement innovative and effective policies or tools to streamline
processes related to the formation of small business concerns in their
communities, of which--
``(1) 1 award shall be provided to a State or local
government that represents a community of not less than 400,000
individuals;
``(2) 1 award shall be provided to a State or local
government that represents a community of not less than 100,000
and less than 400,000 individuals; and
``(3) 1 award shall be provided to a State or local
government that represents a community of less than 100,000
individuals.
``(b) Application.--A State or local government seeking an award
under subsection (a) shall submit to the Administrator an application
at such time, containing such information, and in such manner as the
Administrator may require.
``(c) Considerations.--In providing an award under subsection (a),
the Administrator shall consider whether a State or local government
streamlined the process described in subsection (a) by--
``(1) streamlining or reducing redundancies in paperwork,
forms, or other written or online documents required to form a
small business concern;
``(2) consolidating resources available to individuals
looking to form a small business concern, such as through the
creation of user-friendly online portals;
``(3) reducing duplication or inconsistencies in
requirements between overlapping jurisdictions; or
``(4) innovatively making necessary procedures more
streamlined or efficient.''.
<all>
</pre></body></html>
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118S1222 | 21st Century Entrepreneurship Act | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1222 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1222
To require the Administrator of the Small Business Administration to
encourage entrepreneurship training in after school programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Cortez Masto (for herself and Mrs. Blackburn) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To require the Administrator of the Small Business Administration to
encourage entrepreneurship training in after school 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 ``21st Century Entrepreneurship Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) entrepreneurship creates new jobs, grows the economy,
increases productivity, and significantly improves the quality
of life of the people of the United States;
(2) entrepreneurship rates in the United States have
declined substantially over the last several decades;
(3) children from disadvantaged communities are less likely
to become entrepreneurs and inventors, hampering economic
growth and harming communities most in need;
(4) studies show that children with mentors in
entrepreneurship and inventorship are more likely to pursue
these fields in adulthood; and
(5) in order to promote growth in disadvantaged
communities, increase entrepreneurship rates, and improve the
economy, volunteer mentors with the SCORE program should be
encouraged to engage with children in community learning
centers.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``community learning center'' has the meaning
given the term in section 4201(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7171(b));
(3) the term ``inventorship'' means the activity of
creating, designing, or otherwise originating a new product or
service;
(4) the term ``SCORE program'' means the Service Corps of
Retired Executives described in section 8(b)(1)(B) of the Small
Business Act (15 U.S.C. 637(b)(1)(B)); and
(5) the term ``small business development center'' has the
meaning given the term in section 3 of the Small Business Act
(15 U.S.C. 632).
SEC. 4. ENTREPRENEURSHIP EDUCATION FOR DISADVANTAGED YOUTH.
(a) In General.--The Administrator shall--
(1) develop a curriculum for volunteers with the SCORE
program to teach female students, minority students, English
learners, children with disabilities, and low-income students
who are often underrepresented in critical and enriching
subjects about entrepreneurship and inventorship through
community learning centers;
(2) develop and implement a strategy to encourage
partnerships between the SCORE program and community learning
centers to teach the curriculum developed under paragraph (1)
to the students described in that paragraph through community
learning centers; and
(3) in developing the curriculum required under paragraph
(1), collaborate with education specialists, entrepreneurship
groups, business groups, and groups with experience serving
underrepresented children.
(b) Collaboration With Other Programs.--In carrying out the
partnerships under subsection (a)(2), volunteers with the SCORE program
are encouraged to collaborate with other entrepreneurial development
programs of the Administration and other agencies, including--
(1) small business development centers;
(2) women's business centers operating under section 29 of
the Small Business Act (15 U.S.C. 656);
(3) centers overseen by the Minority Business Development
Agency of the Department of Commerce; and
(4) the Growth Accelerator Fund Competition of the
Administration carried out under section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).
(c) SCORE Program.--Section 8(b)(1)(B) of the Small Business Act
(15 U.S.C. 637(b)(1)(B)) is amended, in the first sentence, by
inserting before the period at the end the following: ``and to carry
out entrepreneurship and inventorship programs under section 4(a) of
the 21st Century Entrepreneurship Act''.
(d) Community Learning Centers.--Part B of title IV of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.)
is amended--
(1) in section 4201(a)(2) (20 U.S.C. 7171(a)(2)), by
inserting ``entrepreneurship and inventorship (as defined in
section 3 of the 21st Century Entrepreneurship Act) programs,''
after ``apprenticeship programs,''; and
(2) in section 4205(a) (20 U.S.C. 7175(a))--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(15) entrepreneurship and inventorship programs described
in section 4(a) of the 21st Century Entrepreneurship Act.''.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and every 2 years thereafter, the Administrator shall submit
to the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives a
report that--
(1) identifies each partnership between the SCORE program
and a community learning center during the preceding 2-year
period;
(2) documents the use of funds by the SCORE program, and
adherence by the SCORE program to contract award and
procurement procedures, relating to the implementation of this
Act;
(3) documents any training or guidance provided to SCORE
program chapter leadership on properly using funds provided to
carry out this Act;
(4) estimates the number of students who were reached
through the entrepreneurship curriculum developed under
subsection (a);
(5) identifies any barriers to reaching additional
students; and
(6) identifies any plans for improving the curriculum or
implementing the strategy developed under subsection (a).
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator $2,500,000 for each of fiscal years 2023
through 2027 to carry out this Act and the amendments made by
this Act.
(2) Transfer of funds.--Of amounts made available to the
Administrator to carry out this Act and the amendments made by
this Act, the Administrator may transfer any portion of those
amounts to the SCORE program to carry out such provisions.
<all>
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118S1223 | Combating Violent and Dangerous Crime Act | [
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
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[
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"Sen. ... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1223 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1223
To improve certain criminal provisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Grassley (for himself, Mr. Hawley, Mr. Cotton, Mr. Kennedy, Mr.
Tillis, Mrs. Capito, Mr. Cassidy, Ms. Collins, Mr. Cramer, Mr. Crapo,
Mrs. Fischer, Mr. Lankford, Mr. McConnell, Mr. Risch, Mr. Rubio, Mr.
Scott of South Carolina, Mr. Thune, Mr. Boozman, and Mrs. Blackburn)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve certain criminal provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Violent and Dangerous
Crime Act''.
SEC. 2. BANK ROBBERY AND RELATED CRIMES.
Section 2113 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, or attempts to take,'';
(B) by striking ``or attempts to obtain''; and
(C) by inserting before ``; or'' the following: ``,
or attempts to do so'';
(2) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.''.
SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.
(a) Findings.-- Congress finds the following:
(1) Officers and employees of the United States Government
dutifully and faithfully serve the United States, often placing
themselves at serious risk of death or bodily harm, in order to
preserve, protect, and defend the interests of the United
States.
(2) In prohibiting the assaulting, resisting, or impeding
of officers and employees of the United States Government,
Congress intended to maximize protection for Federal officers
and employees and ensure that individuals who kill or assault
Federal officers or employees are prosecuted.
(3) The United States Court of Appeals for the Sixth
Circuit analyzed section 111 of title 18, United States Code,
correctly when it found, ``Categorizing Sec. 111(a)(1) as a
general intent crime furthers the congressional objective: `If
a person acts in a manner which is assaultive toward a federal
official, without specifically intending harm or the
apprehension of imminent harm, the official still would be
impeded in the performance of his official duties.''' United
States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting
United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa.
1994).
(4) Federal courts, including the United States Courts of
Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth,
and Eleventh Circuits, have correctly interpreted section 111
of title 18, United States Code, to be a crime of general
intent rather than a crime of specific intent.
(5) Other Federal courts, including the United States
Courts of Appeals for the First, Fifth, and Tenth Circuits,
have issued decisions with language arguably suggesting that
section 111 of title 18, United States Code, is a crime of
specific intent rather than a crime of general intent, creating
the appearance of a split among the United States courts of
appeals.
(6) In light of the appearance of a split among the United
States courts of appeals described in paragraph (5), it has
become necessary for Congress to clarify its original intent
that section 111 of title 18, United States Code, is a crime of
general intent.
(b) Amendment.--Section 111 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Knowledge of Defendant.--In a prosecution for an offense
under subsection (a), the Government need not prove that the
defendant--
``(1) knew that the victim of the offense was a person
designated in section 1114 or performed official duties during
service as a person so designated; or
``(2) acted with any intent greater than knowledge.''.
SEC. 4. MOTOR VEHICLES.
Section 2119 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``, with the intent to cause death
or serious bodily harm'';
(B) by inserting a comma after ``force and
violence''; and
(C) by inserting ``or conspires'' after
``attempts'';
(2) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(4) by inserting after paragraph (1) the following:
``(2) if a dangerous weapon or device is used in
committing, or in attempting to commit, the offense, be fined
under this title or imprisoned not more than 25 years, or
both,''; and
(5) in paragraph (3), as so redesignated, by striking ``25
years'' and inserting ``40 years''.
SEC. 5. PENALTIES FOR FIREARMS OFFENSES.
Section 924(c)(3)(B) of title 18, United States Code, is amended to
read as follows:
``(B) is a conspiracy, or an attempt, to commit an offense
that has as an element the use, attempted use, or threatened
use of physical force against the person or property of
another.''.
SEC. 6. OFFENSES INVOLVING CANDY-FLAVORED CONTROLLED SUBSTANCES
MANUFACTURED OR DISTRIBUTED FOR MINORS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended by inserting after section 418 the following:
``manufacturing or distributing candy-flavored controlled substances
for minors
``Sec. 418a. (a) Except as provided in subsection (c) and in
section 418, 419, or 420, a person shall be subject to the penalty
described in subsection (b) if the person violates section 401(a)(1)--
``(1) by manufacturing, creating, distributing, dispensing,
or possessing with intent to distribute a controlled substance
listed in schedule I or II that is--
``(A) combined with a candy or beverage product;
``(B) marketed or packaged to appear similar to a
candy or beverage product; or
``(C) modified by flavoring or coloring to appear
similar to a candy or beverage product; and
``(2) knowing, or having reasonable cause to believe, that
the controlled substance will be distributed, dispensed, or
sold to a person under 18 years of age.
``(b) The penalty described in this subsection is--
``(1) in the case of a first offense involving the same
controlled substance and schedule, an additional term of
imprisonment of not more than 10 years; and
``(2) in the case of a second or subsequent offense
involving the same controlled substance and schedule, an
additional term of imprisonment of not more than 20 years.
``(c) Subsection (a) shall not apply to any controlled substance
that--
``(1) has been approved by the Secretary under section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), if
the contents, marketing, and packaging of the controlled
substance have not been altered from the form approved by the
Secretary; or
``(2) has been altered at the direction of a practitioner
who is acting for a legitimate medical purpose in the usual
course of professional practice.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public
Law 91-513; 84 Stat. 1236) is amended by inserting after the item
relating to section 418 the following:
``Sec. 418a. Manufacturing or distributing candy-flavored controlled
substances for minors.''.
(c) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall amend and review
the Federal sentencing guidelines and policy statements to ensure that
the guidelines provide for a penalty enhancement of not less than 2
offense levels for a violation of section 401(a)(1) of the Controlled
Substances Act (21 U.S.C. 841(a)(1)) if the defendant--
(1) manufactures, creates, distributes, dispenses, or
possesses with intent to distribute a controlled substance
listed in schedule I or II that is--
(A) combined with a candy or beverage product;
(B) marketed or packaged to appear similar to a
candy or beverage product; or
(C) modified by flavoring or coloring to appear
similar to a candy or beverage product; and
(2) knows, or has reasonable cause to believe, that the
controlled substance will be distributed, dispensed, or sold to
a person under 18 years of age.
SEC. 7. KIDNAPPING.
Section 1201 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Kidnapping.--
``(1) Offense.--Except as provided in paragraph (2), it
shall be unlawful for any person, in any circumstance described
in paragraph (3), to--
``(A) unlawfully--
``(i) seize, confine, kidnap, abduct, or
carry away an individual by--
``(I) force and violence; or
``(II) intimidation; or
``(ii) inveigle or decoy an individual; and
``(B) hold the individual described in subparagraph
(A) for ransom, reward, or otherwise.
``(2) Exception.--Paragraph (1) shall not apply to an act
done against a minor by the parent thereof.
``(3) Circumstances.--A circumstance described in this
paragraph is that--
``(A) the individual is willfully transported in
interstate or foreign commerce, regardless of whether
the individual was alive when transported across a
State boundary, or the offender travels in interstate
or foreign commerce or uses the mail or any means,
facility, or instrumentality of interstate or foreign
commerce in committing or in furtherance of the
commission of the offense;
``(B) any such act against the individual is done
within the special maritime and territorial
jurisdiction of the United States;
``(C) any such act against the individual is done
within the special aircraft jurisdiction of the United
States as defined in section 46501 of title 49;
``(D) the individual is a foreign official, an
internationally protected person, or an official guest
as those terms are defined in section 1116(b) of this
title; or
``(E) the individual is among those officers and
employees described in section 1114 of this title and
any such act against the individual is done while the
individual is engaged in, or on account of, the
performance of official duties.
``(4) Penalty.--Any person who commits a violation under
this subsection shall be punished by imprisonment for any term
of years or for life and, if the death of any individual
results, shall be punished by death or life imprisonment.'';
(2) in subsection (b)--
(A) by striking ``subsection (a)(1), above,'' and
inserting ``subsection (a)(3)(A)'';
(B) by striking ``he'' and inserting ``the
victim''; and
(C) by striking ``under this section'' and
inserting ``under this subsection''; and
(3) in subsection (f), by striking ``subsection (a)(4)''
each place it appears and inserting ``subsection (a) with
respect to a circumstance described in paragraph (3)(D) of that
subsection''.
<all>
</pre></body></html>
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118S1224 | Conservation Reserve Enhancement Program Improvement Act of 2023 | [
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
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[
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"cosponsor"
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[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1224
To amend the Food Security Act of 1985 to modify the conservation
reserve enhancement program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Bennet (for himself, Mr. Marshall, Mr. Moran, and Mr. Hickenlooper)
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 modify the conservation
reserve enhancement 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 ``Conservation Reserve Enhancement
Program Improvement Act of 2023''.
SEC. 2. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
(a) In General.--Section 1231A of the Food Security Act of 1985 (16
U.S.C. 3831a) is amended--
(1) in subsection (a)(4), in the matter preceding
subparagraph (A), by inserting ``(other than an agreement
described in subsection (e))'' after ``this subchapter'';
(2) in subsection (b)(2)(A)(vi), by inserting ``or other
appropriate practices, such as dryland agricultural uses and
grazing,'' after ``conservation practices'';
(3) in subsection (c), by adding at the end the following:
``(5) Variable allocation.--An owner or operator may elect
to determine the amounts of annual payments under this section
allocated to each year of the agreement under subsection
(b)(1).
``(6) Drought and water conservation agreements.--
``(A) Retirement of water rights.--In the case of
an agreement described in subsection (e) that includes
a permanent retirement of water rights, the payment
rates for annual payments shall be equal to the
irrigated acre payment rates determined by the
Secretary.
``(B) Dryland agricultural uses.--
``(i) In general.--In the case of an
agreement described in subsection (e) that
permits dryland agricultural uses pursuant to
paragraph (2) of that subsection, the payment
rates for annual payments shall be equal to the
difference between--
``(I) the irrigated acre payment
rates determined by the Secretary; and
``(II) the dryland acre payment
rates determined by the Secretary.
``(ii) Retroactive application.--In the
case of an agreement covered by clause (i)
entered into before the date of enactment of
this paragraph under which the payment rate is
lower than the payment rate that would be
calculated for the agreement under that clause,
the Secretary shall modify the agreement by
calculating the payment rate in accordance with
that clause.''; and
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``may--'' and inserting ``shall--'';
(B) in paragraph (1), by inserting ``(including
agricultural land on which a continuous crop or crop
rotation is maintained)'' after ``agricultural land'';
(C) in paragraph (2), by striking ``with the
adoption of best management practices on'' and
inserting ``in accordance with a conservation plan
adopted with respect to''; and
(D) in paragraph (3), by inserting ``subject to
subsection (c)(6),'' before ``calculate''.
(b) Exemption From Payment Limitation.--Section 1234(g) of the Food
Security Act of 1985 (16 U.S.C. 3834(g)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) Conservation reserve enhancement program.--Paragraph
(1) shall not apply to rental payments received under
agreements entered into under section 1231A.''.
<all>
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118S1225 | Capital Gains Inflation Relief Act of 2023 | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
]
] | <p><b>Capital Gains Inflation Relief Act of 2023</b></p> <p>This bill allows the adjusted basis of certain assets (including any common stock in a C corporation, any digital asset, and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of a taxpayer (other than a corporation) who has held the asset for more than three years.</p> <p>The bill sets forth rules for applying the inflation adjustment to</p> <ul> <li>short sales; </li> <li>regulated investment companies; </li> <li>real estate investment trusts;</li> <li>other pass-through entities, including partnerships, S corporations, and common trust funds;</li> <li>dispositions between related persons; and </li> <li>improvements to property or contributions of capital.</li> </ul> <p>The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1225 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1225
To amend the Internal Revenue Code of 1986 to provide for the indexing
of certain assets for purposes of determining gain or loss.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Cruz (for himself, Mr. Braun, and Mr. Hagerty) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for the indexing
of certain assets for purposes of determining gain or loss.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains Inflation Relief Act
of 2023''.
SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by redesignating section 1023 as section 1024
and by inserting after section 1022 the following new section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by a taxpayer (other than a corporation) of an
indexed asset which has been held for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(3) Written documentation requirement.--Paragraph (1)
shall apply only with respect to indexed assets for which the
taxpayer has written documentation of the original purchase
price paid or incurred by the taxpayer to acquire such asset.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) any common stock in a C corporation (other
than a foreign corporation),
``(B) any digital asset, or
``(C) any tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) stock of a foreign investment
company,
``(ii) stock in a passive foreign
investment company (as defined in section
1297),
``(iii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2), and
``(iv) stock in a foreign personal holding
company.
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(3) Digital asset.--For purposes of this section, the
term `digital asset' means any natively electronic asset
which--
``(A) is recorded on a cryptographically secured
distributed ledger, and
``(B) is designed to confer only economic or access
rights.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (c)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for corporate shareholders.--Under
regulations--
``(i) in the case of a distribution by a
qualified investment entity (directly or
indirectly) to a corporation--
``(I) the determination of whether
such distribution is a dividend shall
be made without regard to this section,
and
``(II) the amount treated as gain
by reason of the receipt of any capital
gain dividend shall be increased by the
percentage by which the entity's net
capital gain for the taxable year
(determined without regard to this
section) exceeds the entity's net
capital gain for such year determined
with regard to this section, and
``(ii) there shall be other appropriate
adjustments (including deemed distributions) so
as to ensure that the benefits of this section
are not allowed (directly or indirectly) to
corporate shareholders of qualified investment
entities.
For purposes of the preceding sentence, any amount
includible in gross income under section 852(b)(3)(D)
shall be treated as a capital gain dividend and an S
corporation shall not be treated as a corporation.
``(C) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(D) Exception for certain taxes imposed at entity
level.--
``(i) Tax on failure to distribute entire
gain.--If any amount is subject to tax under
section 852(b)(3)(A) for any taxable year, the
amount on which tax is imposed under such
section shall be increased by the percentage
determined under subparagraph (B)(i)(II). A
similar rule shall apply in the case of any
amount subject to tax under paragraph (2) or
(3) of section 857(b) to the extent
attributable to the excess of the net capital
gain over the deduction for dividends paid
determined with reference to capital gain
dividends only. The first sentence of this
clause shall not apply to so much of the amount
subject to tax under section 852(b)(3)(A) as is
designated by the company under section
852(b)(3)(D).
``(ii) Other taxes.--This section shall not
apply for purposes of determining the amount of
any tax imposed by paragraph (4), (5), or (6)
of section 857(b).
``(2) Adjustments to interests held in entity.--
``(A) Regulated investment companies.--Stock in a
regulated investment company (within the meaning of
section 851) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the average of the fair market values
of the indexed assets held by such company at
the close of each month during such quarter,
bears to
``(ii) the average of the fair market
values of all assets held by such company at
the close of each such month.
``(B) Real estate investment trusts.--Stock in a
real estate investment trust (within the meaning of
section 856) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the fair market value of the indexed
assets held by such trust at the close of such
quarter, bears to
``(ii) the fair market value of all assets
held by such trust at the close of such
quarter.
``(C) Ratio of 80 percent or more.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 80
percent or more, such ratio for such quarter shall be
100 percent.
``(D) Ratio of 20 percent or less.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 20
percent or less, such ratio for such quarter shall be
zero.
``(E) Look-thru of partnerships.--For purposes of
this paragraph, a qualified investment entity which
holds a partnership interest shall be treated (in lieu
of holding a partnership interest) as holding its
proportionate share of the assets held by the
partnership.
``(3) Treatment of return of capital distributions.--Except
as otherwise provided by the Secretary, a distribution with
respect to stock in a qualified investment entity which is not
a dividend and which results in a reduction in the adjusted
basis of such stock shall be treated as allocable to stock
acquired by the taxpayer in the order in which such stock was
acquired.
``(4) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(f) Other Pass-Thru Entities.--
``(1) Partnerships.--
``(A) In general.--In the case of a partnership,
the adjustment made under subsection (a) at the
partnership level shall be passed through to the
partners.
``(B) Special rule in the case of section 754
elections.--In the case of a transfer of an interest in
a partnership with respect to which the election
provided in section 754 is in effect--
``(i) the adjustment under section
743(b)(1) shall, with respect to the transferor
partner, be treated as a sale of the
partnership assets for purposes of applying
this section, and
``(ii) with respect to the transferee
partner, the partnership's holding period for
purposes of this section in such assets shall
be treated as beginning on the date of such
adjustment.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders. This section shall
not apply for purposes of determining the amount of any tax
imposed by section 1374 or 1375.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Indexing adjustment disregarded in determining loss
on sale of interest in entity.--Notwithstanding the preceding
provisions of this subsection, for purposes of determining the
amount of any loss on a sale or exchange of an interest in a
partnership, S corporation, or common trust fund, the
adjustment made under subsection (a) shall not be taken into
account in determining the adjusted basis of such interest.
``(g) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(i) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (c)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 1023 and by inserting
after the item relating to section 1022 the following new item:
``Sec. 1023. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1024. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to indexed assets acquired by the taxpayer after December 31,
2023, in taxable years ending after such date.
<all>
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118S1226 | A bill to amend the Internal Revenue Code of 1986 to make permanent the individual tax provisions of the tax reform law, and for other purposes. | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1226 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1226
To amend the Internal Revenue Code of 1986 to make permanent the
individual tax provisions of the tax reform law, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Cruz (for himself and Mr. Braun) 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 make permanent the
individual tax provisions of the tax reform law, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PERMANENT MODIFICATION OF INDIVIDUAL RATE BRACKETS.
(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--The table contained in subsection (a) of section 1 of the
Internal Revenue Code of 1986 is amended to read as follows:
``If taxable income is: The tax is:
------------------------------------------------------------------------
Not over $19,050..................... 10% of taxable income.
Over $19,050 but not over $77,400.... $1,905, plus 12% of the excess
over $19,050.
Over $77,400 but not over $165,000... $8,907, plus 22% of the excess
over $77,400.
Over $165,000 but not over $315,000.. $28,179, plus 24% of the excess
over $165,000.
Over $315,000 but not over $400,000.. $64,179, plus 32% of the excess
over $315,000.
Over $400,000 but not over $600,000.. $91,379, plus 35% of the excess
over $400,000.
Over $600,000........................ $161,379, plus 37% of the excess
over $600,000.''.
(b) Heads of Households.--The table contained in subsection (b) of
section 1 of the Internal Revenue Code of 1986 is amended to read as
follows:
``If taxable income is: The tax is:
------------------------------------------------------------------------
Not over $13,600..................... 10% of taxable income.
Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess
over $13,600.
Over $51,800 but not over $82,500.... $5,944, plus 22% of the excess
over $51,800.
Over $82,500 but not over $157,500... $12,698, plus 24% of the excess
over $82,500.
Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess
over $157,500.
Over $200,000 but not over $500,000.. $44,298, plus 35% of the excess
over $200,000.
Over $500,000........................ $149,298, plus 37% of the excess
over $500,000.''.
(c) Unmarried Individuals Other Than Surviving Spouses and Heads of
Households.--The table contained in subsection (c) of section 1 of the
Internal Revenue Code of 1986 is amended to read as follows:
``If taxable income is: The tax is:
------------------------------------------------------------------------
Not over $9,525...................... 10% of taxable income.
Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess
over $9,525.
Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess
over $38,700.
Over $82,500 but not over $157,500... $14,089.50, plus 24% of the
excess over $82,500.
Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the
excess over $157,500.
Over $200,000 but not over $500,000.. $45,689.50, plus 35% of the
excess over $200,000.
Over $500,000........................ $150,689.50, plus 37% of the
excess over $500,000.''.
(d) Married Individuals Filing Separate Returns.--The table
contained in subsection (d) of section 1 of the Internal Revenue Code
of 1986 is amended to read as follows:
``If taxable income is: The tax is:
------------------------------------------------------------------------
Not over $9,525...................... 10% of taxable income.
Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess
over $9,525.
Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess
over $38,700.
Over $82,500 but not over $157,500... $14,089.50, plus 24% of the
excess over $82,500.
Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the
excess over $157,500.
Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the
excess over $200,000.
Over $300,000........................ $80,689.50, plus 37% of the
excess over $300,000.''.
(e) Estates and Trusts.--The table contained in subsection (e) of
section 1 of the Internal Revenue Code of 1986 is amended to read as
follows:
``If taxable income is: The tax is:
------------------------------------------------------------------------
Not over $2,550...................... 10% of taxable income.
Over $2,550 but not over $9,150...... $255, plus 24% of the excess over
$2,550.
Over $9,150 but not over $12,500..... $1,839, plus 35% of the excess
over $9,150.
Over $12,500......................... $3,011.50, plus 37% of the excess
over $12,500.''.
(f) Adjustment for Inflation.--Subsection (f) of section 1 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``2018'',
(2) by striking ``determined--'' and all that follows in
paragraph (2)(A) and inserting ``determined by substituting
`2017' for `2016' in paragraph (3)(A)(ii),'',
(3) by striking ``a married individual filing a separate
return'' in paragraph (7)(B) and inserting ``any unmarried
individual other than a surviving spouse or head of
household'',
(4) by striking ``married individuals filing separately''
in the heading of subparagraph (B) of paragraph (7) and
inserting ``certain unmarried individuals'', and
(5) by striking paragraph (8).
(g) Capital Gains Brackets.--Subsection (h) of section 1 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``which would (without regard to this
paragraph) be taxed at a rate below 25 percent'' in paragraph
(1)(B)(i) and inserting ``below the maximum zero rate amount'',
(2) by striking ``which would (without regard to this
paragraph) be taxed at a rate below 39.6 percent'' in paragraph
(1)(C)(ii)(I) and inserting ``below the maximum 15-percent rate
amount'', and
(3) by adding at the end the following new paragraph:
``(12) Maximum amounts defined.--For purposes of this
subsection--
``(A) Maximum zero rate amount.--The maximum zero
rate amount shall be--
``(i) in the case of a joint return or
surviving spouse, $77,200,
``(ii) in the case of an individual who is
a head of household (as defined in section
2(b)), $51,700,
``(iii) in the case of any other individual
(other than an estate or trust), an amount
equal to \1/2\ of the amount in effect for the
taxable year under clause (i), and
``(iv) in the case of an estate or trust,
$2,600.
``(B) Maximum 15-percent rate amount.--The maximum
15-percent rate amount shall be--
``(i) in the case of a joint return or
surviving spouse, $479,000 (\1/2\ such amount
in the case of a married individual filing a
separate return),
``(ii) in the case of an individual who is
the head of a household (as defined in section
2(b)), $452,400,
``(iii) in the case of any other individual
(other than an estate or trust), $425,800, and
``(iv) in the case of an estate or trust,
$12,700.
``(C) Inflation adjustment.--In the case of any
taxable year beginning after 2018, each of the dollar
amounts in subparagraphs (A) and (B) shall be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under subsection (f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2017'
for `calendar year 2016' in subparagraph
(A)(ii) thereof.
If any increase under this subparagraph is not a
multiple of $50, such increase shall be rounded to the
next lowest multiple of $50.''.
(h) Conforming Amendments.--
(1) Section 1 of the Internal Revenue Code of 1986 is
amended by striking subsections (i) and (j).
(2) Section 3402(q)(1) of such Code is amended by striking
``third lowest'' and inserting ``fourth lowest''.
(i) Section 15 Not To Apply.--Section 15 of the Internal Revenue
Code of 1986 shall not apply to any change in a rate of tax by reason
of this section.
(j) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 2. PERMANENT EXTENSION OF DEDUCTION FOR QUALIFIED BUSINESS INCOME
OF PASS-THRU ENTITIES.
(a) In General.--Section 199A of the Internal Revenue Code of 1986
is amended by striking subsection (i).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
SEC. 3. PERMANENT EXTENSION OF LIMITATION ON LOSSES FOR TAXPAYERS OTHER
THAN CORPORATIONS.
(a) In General.--Paragraph (1) of section 461(l) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Limitation.--In the case of taxable year of a
taxpayer other than a corporation, any excess business loss of
the taxpayer for the taxable year shall not be allowed.''.
(b) Conforming Amendment.--Section 461 of the Internal Revenue Code
of 1986 is amended by striking subsection (j) (relating to limitation
on excess farm losses of certain taxpayers).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 4. PERMANENT EXTENSION OF INCREASE IN STANDARD DEDUCTION.
(a) In General.--Section 63(c)(2) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``$4,400'' in subparagraph (B) and
inserting ``$18,800'', and
(2) by striking ``$3,000'' in subparagraph (C) and
inserting ``$12,000''.
(b) Inflation Adjustment.--Paragraph (4) of section 63(c) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(4) Adjustments for inflation.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2018, the $18,000
and $12,000 amounts in paragraph (2) shall each 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,
by substituting `2017' for `2016' in
subparagraph (A)(ii) thereof.
``(B) Certain amounts.--In the case of any taxable
year beginning in a calendar year after 1988, each
dollar amount contained in paragraph (5) or subsection
(f) 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,
by substituting for `calendar year 2016' in
subparagraph (A)(ii) thereof--
``(I) `calendar year 1987' in the
case of the dollar amounts contained in
paragraph (5)(A) or subsection (f), and
``(II) `calendar year 1997' in the
case of the dollar amount contained in
paragraph (5)(B).''.
(c) Conforming Amendment.--Section 63(c) of the Internal Revenue
Code of 1986 is amended by striking paragraph (7).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 5. PERMANENT INCREASE AND MODIFICATION OF CHILD TAX CREDIT.
(a) Increase in Credit Amount.--Section 24(a) of the Internal
Revenue Code of 1986 is amended by striking ``$1,000'' and inserting
``$2,000''.
(b) Limitation.--Paragraph (2) of section 24(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $400,000 in the case of a joint return, and
``(B) $200,000 in any other case.''.
(c) Partial Credit Allowed for Certain Other Dependents.--
Subsection (h) of section 24 of the Internal Revenue Code of 1986 is
amended to read as follows:
``(h) Partial Credit Allowed for Certain Other Dependents.--
``(1) In general.--The credit determined under subsection
(a) shall be increased by $500 for each dependent of the
taxpayer (as defined in section 7706) other than a qualifying
child described in subsection (c).
``(2) Exception for certain noncitizens.--Paragraph (1)
shall not apply with respect to any individual who would not be
a dependent if subparagraph (A) of section 7706(b)(3) were
applied without regard to all that follows `resident of the
United States'.
``(3) Certain qualifying children.--In the case of any
qualifying child with respect to whom a credit is not allowed
under this section by reason of subsection (e)(1), such child
shall be treated as a dependent to whom subparagraph (A)
applies.''.
(d) Maximum Amount of Refundable Credit.--Subsection (d) of section
24 of the Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Limitation.--
``(A) In general.--The amount determined under
paragraph (1)(A) with respect to any qualifying child
shall not exceed $1,400, and such paragraph shall be
applied without regard to subsection (h).
``(B) Adjustment for inflation.--In the case of a
taxable year beginning after 2018, the $1,400 amount in
subparagraph (A) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `2017' for `2016' in
subparagraph (A)(ii) thereof.
If any increase under this clause is not a multiple of
$100, such increase shall be rounded to the next lowest
multiple of $100.''.
(e) Earned Income Threshold for Refundable Credit.--Section
24(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking
``$3,000'' and inserting ``$2,500''.
(f) Social Security Number Required.--Paragraph (1) of section
24(e) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(1) Qualifying child social security number
requirement.--No credit shall be allowed under this section to
a taxpayer with respect to any qualifying child unless the
taxpayer includes the name and social security number of such
child on the return of tax for the taxable year. For purposes
of the preceding sentence, the term `social security number'
means a social security number issued to an individual by the
Social Security Administration, but only if the social security
number is issued--
``(A) to a citizen of the United States or pursuant
to subclause (I) (or that portion of subclause (III)
that relates to subclause (I)) of section
205(c)(2)(B)(i) of the Social Security Act, and
``(B) before the due date for such return.''.
(g) Repeal of Deadwood.--
(1) In general.--Section 24 of the Internal Revenue Code of
1986 is amended by striking subsections (i) and (j) and by
redesignating subsection (k) as subsection (i).
(2) Conforming amendments.--Subsection (i) of section 24 of
such Code, as redesignated by paragraph (1), is amended--
(A) by striking paragraph (2)(A),
(B) in paragraph (2)(B)--
(i) by striking and all that precedes ``In
the case'', and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
by moving such subparagraphs 2 ems to the left,
(C) in paragraph (3)(A), by striking ``and without
regard to the application of this section to bona fide
residents of Puerto Rico under subsection (i)(1)'', and
(D) in paragraph (3)(C)(ii)--
(i) by striking ``under subparagraph (B)''
and all that follows through ``December 31,
2021,'' and inserting ``under subparagraph
(B),'', and
(ii) by striking ``paragraph (2)(B)'' and
inserting ``paragraph (2)''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 6. PERMANENT EXTENSION OF INCREASED LIMITATION FOR CERTAIN
CHARITABLE CONTRIBUTIONS.
(a) In General.--Section 170(b)(1)(G) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``for any taxable year beginning after
December 31, 2017, and before January 1, 2026,'' in clause (i),
(2) by striking ``for any taxable year described in such
clause'' in clause (ii), and
(3) by striking ``For each taxable year described in clause
(i), and each taxable year to which any contribution under this
subparagraph is carried over under clause (ii), subparagraph
(A)'' in clause (iii) and inserting ``Subparagraph (A)''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions in taxable years beginning after December 31,
2025.
SEC. 7. PERMANENT EXTENSION OF INCREASED CONTRIBUTIONS TO ABLE
ACCOUNTS.
(a) In General.--Section 529A(b)(2)(B)(ii) of the Internal Revenue
Code of 1986 is amended by striking ``before January 1, 2026''.
(b) Allowance of Savers Credit.--Section 25B(d)(1)(D) of the
Internal Revenue Code of 1986 is amended by striking ``before January
1, 2026,''.
(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. 8. PERMANENT EXTENSION OF ROLLOVERS TO ABLE PROGRAMS FROM 529
PROGRAMS.
(a) In General.--Section 529(c)(3)(C)(i)(III) is amended by
striking ``before January 1, 2026,''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 9. PERMANENT EXTENSION OF TREATMENT OF CERTAIN INDIVIDUALS
PERFORMING SERVICES IN THE SINAI PENINSULA OF EGYPT.
(a) In General.--Subsection (c) of section 11026 of Public Law 115-
97 is amended--
(1) by striking ``beginning before January 1, 2026'' in
paragraph (1)(B), and
(2) by striking ``beginning before January 1, 2026'' in
paragraph (2)(B).
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 10. PERMANENT EXTENSION OF TREATMENT OF STUDENT LOANS DISCHARGED
ON ACCOUNT OF DEATH OR DISABILITY.
(a) In General.--Subparagraph (A) of section 108(f)(5) of the
Internal Revenue Code of 1986 is amended by striking ``and before
January 1, 2026,''.
(b) Effective Date.--The amendment made by this section shall apply
to discharges of indebtedness after December 31, 2022.
SEC. 11. REPEAL OF DEDUCTION FOR PERSONAL EXEMPTIONS.
(a) In General.--Part V of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is hereby repealed.
(b) Definition of Dependent Retained.--Section 152 of the Internal
Revenue Code of 1986, prior to repeal by subsection (a), is hereby
redesignated as section 7706 of such Code and moved to the end of
chapter 79 of such Code.
(c) Application to Estates and Trusts.--Subparagraph (C) of section
642(b)(2) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``the exemption amount under section
151(d)'' in clause (i) and inserting ``$4,150'', and
(2) by striking clause (iii) and inserting the following:
``(iii) Inflation adjustment.--In the case
of any taxable year beginning in a calendar
year after 2018, the $4,150 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 the calendar year in which
the taxable begins, determined by
substituting `2017' for `2016' in
subparagraph (A)(ii) thereof.
If any increase determined under the preceding
sentence is not a multiple of $100, such
increase shall be rounded to the next lowest
multiple of $100.''.
(d) Application to Nonresident Aliens.--Section 873(b) of the
Internal Revenue Code of 1986 is amended by striking paragraph (3).
(e) Modification of Return Requirement.--
(1) In general.--Section 6012 of the Internal Revenue Code
of 1986 is amended--
(A) by striking paragraph (1) of subsection (a) and
inserting the following:
``(1) Every individual who has gross income for the taxable
year, except that a return shall not be required of--
``(A) an individual who is not married (determined
by applying section 7703) and who has gross income for
the taxable year which does not exceed the standard
deduction applicable to such individual for such
taxable year under section 63, or
``(B) an individual entitled to make a joint return
if--
``(i) the gross income of such individual,
when combined with the gross income of such
individual's spouse, for the taxable year does
not exceed the standard deduction which would
be applicable to the taxpayer for such taxable
year under section 63 if such individual and
such individual's spouse made a joint return,
``(ii) such individual and such
individual's spouse have the same household as
their home at the close of the taxable year,
``(iii) such individual's spouse does not
make a separate return, and
``(iv) neither such individual nor such
individual's spouse is an individual described
in section 63(c)(2) who has income (other than
earned income) in excess of the amount in
effect under section 63(c)(2)(A).'', and
(B) by striking subsection (f).
(2) Bankruptcy estates.--Paragraph (8) of section 6012(a)
of such Code is amended by striking ``the sum of the exemption
amount plus the basic standard deduction under section
63(c)(2)(D)'' and inserting ``the standard deduction in effect
under section 63(c)(1)(B)''.
(f) Conforming Amendments.--
(1) Section 1(f)(7) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``section 151(d)(4)'' in
subparagraph (A) and inserting ``section 7706(d)(6)'',
and
(B) by striking ``151(d)(4)'' in subparagraph (B)
and inserting ``7706(d)(6)''.
(2) Section 2(a)(1)(B) of the Internal Revenue Code of 1986
is amended by striking ``a dependent'' and all that follows
through ``section 151'' and inserting ``a dependent who (within
the meaning of section 7706, determined without regard to
subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son,
stepson, daughter, or stepdaughter of the taxpayer''.
(3) Section 21 of such Code is amended--
(A) in subsection (b)(1)(A), by striking ``section
152(a)(1)'' and inserting ``section 7706(a)(1)'',
(B) in subsection (b)(1)(B), by striking ``section
152'' and inserting ``section 7706'',
(C) in subsection (e)(5)--
(i) by striking ``section 152(e)'' in
subparagraph (A) and inserting ``section
7706(e)'', and
(ii) by striking ``section 152(e)(4)(A)''
and inserting ``section 7706(e)(4)(A)'', and
(D) in subsection (e)(6)(B), by striking ``section
152(f)(1)'' and inserting ``section 7706(f)(1)''.
(4) Section 24(a) of such Code is amended by striking ``for
which the taxpayer is allowed a deduction under section 151''
and inserting ``which is a dependent of the taxpayer''.
(5) Section 24(c) of such Code is amended--
(A) in paragraph (1), by striking ``section
152(c)'' and inserting ``section 7706(c)'', and
(B) in paragraph (2), by striking ``section
152(b)(3)'' and inserting ``section 7706(b)(3)''.
(6) Section 25A(f)(1)(A)(iii) of such Code is amended by
striking ``with respect to whom the taxpayer is allowed a
deduction under section 151''.
(7) Section 25A(g)(3) of such Code is amended by striking
``If a deduction under section 151 with respect to an
individual is allowed to another taxpayer'' and inserting ``If
an individual is a dependent (as defined in section 7706) of
another taxpayer''.
(8) Section 25B(c)(2) of such Code is amended--
(A) in subparagraph (A), by striking ``with respect
to whom a deduction under section 151 is allowed to
another taxpayer'' and inserting ``who is a dependent
of another taxpayer'', and
(B) in subparagraph (B), by striking ``section
152(f)(2)'' and inserting ``section 7706(f)(2)''.
(9) Section 25E(c)(3)(C) is amended by striking ``with
respect to whom no deduction is allowable with respect to
another taxpayer under section 151'' and inserting ``who is a
dependent (as defined in section 7706) of another taxpayer''.
(10) Section 32(c)(1)(A)(iii) of such Code is amended by
striking ``for whom a deduction is allowable under section 151
to'' and inserting ``of''.
(11) Section 32(c)(3) of such Code is amended--
(A) in subparagraph (A)--
(i) by striking ``section 152(c)'' and
inserting ``section 7706(c)'', and
(ii) by striking ``section 152(e)'' and
inserting ``section 7706(e)'',
(B) in subparagraph (B), by striking ``unless the
taxpayer is entitled to a deduction under section 151
for such taxable year with respect to such individual
(or would be so entitled but for section 152(e))'' and
inserting ``unless such individual is a dependent (as
defined in section 7706) of such taxpayer for such
taxable year (or would be a dependent bu for section
7706(e)'', and
(C) in subparagraph (C), by striking ``section
152(c)(1)(B)'' and inserting ``section 7706(c)(1)(B)''.
(12) Section 35(d)(1) of such Code is amended by striking
``with respect to whom the taxpayer is entitled to a deduction
under section 151(c)''.
(13) Section 35(d)(2) of such Code is amended--
(A) by striking ``section 152(e)'' and inserting
``section 7706(e)'', and
(B) by striking ``section 152(e)(4)(A)'' and
inserting ``section 7706(e)(4)(A)''.
(14) Section 35(g)(4) of such Code is amended by striking
``with respect to whom a deduction under section 151 is
allowable to'' and inserting ``is a dependent (as defined in
section 7706) of''.
(15) Section 35(g)(10)(C)(ii) of such Code is amended by
striking ``the taxpayer to whom the deduction under section 151
is allowable'' and inserting ``the taxpayer of whom such
individual is a dependent of''.
(16) Section 36(d)(3) of such Code is amended by striking
``a deduction under section 151 with respect to such taxpayer
is allowable to another taxpayer for such taxable year'' and
inserting ``such taxpayer is a dependent of another taxpayer
for such taxable year''.
(17) Section 36B(b)(2)(A) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(18) Section 36B(b)(3)(B) of such Code is amended--
(A) by striking ``who is not allowed a deduction
under section 151 for the taxable year with respect to
a dependent'' and inserting ``who does not have any
dependents for the taxable year'', and
(B) by striking ``unless a deduction is allowed
under section 151 for the taxable year with respect to
a dependent'' in the flush matter at the end and
inserting ``unless the taxpayer has a dependent for the
taxable year''.
(19) Section 36B(c)(1)(D) of such Code is amended by
striking ``with respect to whom a deduction under section 151
is allowable to another taxpayer'' and inserting ``who is a
dependent of another taxpayer''.
(20) Section 36B(d)(1) of such Code is amended by striking
``equal to the number of individuals for whom the taxpayer is
allowed a deduction under section 151 (relating to allowance of
deduction for personal exemptions) for the taxable year'' and
inserting ``the sum of 1 (2 in the case of a joint return) plus
the number of the taxpayer's dependents for the taxable year''.
(21) Section 36B(e)(1) of such Code is amended by striking
``1 or more individuals for whom a taxpayer is allowed a
deduction under section 151 (relating to allowance of deduction
for personal exemptions) for the taxable year (including the
taxpayer or his spouse)'' and inserting ``1 or more of the
taxpayer, the taxpayer's spouse, or any dependent of the
taxpayer''.
(22) Section 42(i)(3)(D)(ii)(I) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(23) Section 45R(e)(1)(A)(iv) of such Code is amended--
(A) by striking ``section 152(d)(2)'' and inserting
``section 7706(d)(2)'', and
(B) by striking ``section 152(d)(2)(H)'' and
inserting ``section 7706(d)(2)(H)''.
(24) Section 51(i)(1) of such Code is amended--
(A) by striking ``section 152(d)(2)'' each place it
appears and inserting ``section 7706(d)(2)'', and
(B) by striking ``section 152(d)(2)(H)'' in
subparagraph (C) thereof and inserting ``section
7706(d)(2)(H)''.
(25) Section 56(b)(1)(D) of such Code is amended by
striking ``, the deduction for personal exemptions under
section 151,''.
(26) Section 63(b) of such Code is amended by striking
paragraph (2) and by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(27) Section 63(c)(5) is amended by striking ``with respect
to whom a deduction under section 151 is allowable to'' and
inserting ``who is a dependent of''.
(28) Subparagraph (B) of section 63(f)(1) of such Code is
amended to read as follows:
``(B) for the spouse of the taxpayer if--
``(i) the spouse has attained age 65 before
the close of the taxable year, and
``(ii) a joint return is not made by the
taxpayer and his spouse, and the spouse, for
the calendar year in which the taxable year of
the taxpayer begins, has no gross income and is
not the dependent of another taxpayer.''.
(29) Subparagraph (B) of section 63(f)(2) of such Code is
amended to read as follows:
``(B) for the spouse of the taxpayer if--
``(i) the spouse is blind as of the close
of the taxable year, and
``(ii) a joint return is not made by the
taxpayer and his spouse, and the spouse, for
the calendar year in which the taxable year of
the taxpayer begins, has no gross income and is
not the dependent of another taxpayer.''.
(30) Section 72(t)(2)(D)(i)(III) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(31) Section 72(t)(7)(A)(iii) of such Code is amended by
striking ``section 152(f)(1)'' and inserting ``section
7706(f)(1)''.
(32) Section 105(b) of such Code is amended--
(A) by striking ``as defined in section 152'' and
inserting ``as defined in section 7706'',
(B) by striking ``section 152(f)(1)'' and inserting
``section 7706(f)(1)'', and
(C) by striking ``section 152(e)'' and inserting
``section 7706(e)''.
(33) Section 105(c)(1) of such Code is amended by striking
``section 152'' and inserting ``section 7706''.
(34) Section 125(e)(1)(D) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(35) Section 129(c) of such Code is amended--
(A) by striking ``with respect to whom, for such
taxable year, a deduction is allowable under section
151(c) (relating to personal exemptions for dependents)
to'' in paragraph (1) and inserting ``who is a
dependent of'', and
(B) by striking ``section 152(f)(1)'' in paragraph
(2) and inserting ``section 7706(f)(1)''.
(36) Section 132(h)(2)(B) of such Code is amended--
(A) by striking ``section 152(f)(1)'' and inserting
``section 7706(f)(1)'', and
(B) by striking ``section 152(e)'' and inserting
``section 7706(e)''.
(37) Section 135(c)(2)(A)(iii) is amended by striking
``with respect to whom the taxpayer is allowed a deduction
under section 151''.
(38) Section 139D(c)(5) of such Code is amended by striking
``section 152'' and inserting ``section 7706''.
(39) Section 139E(c)(2) of such Code is amended by striking
``section 152'' and inserting ``section 7706''.
(40) Section 162(l)(1)(D) of such Code is amended by
striking ``section 152(f)(1)'' and inserting ``section
7706(f)(1)''.
(41) Section 170(g)(1) of such Code is amended by striking
``section 152'' and inserting ``section 7706''.
(42) Section 170(g)(3) of such Code is amended by striking
``section 152(d)(2)'' and inserting ``section 7706(d)(2)''.
(43) Section 172(d) of such Code is amended by striking
paragraph (3).
(44) Section 213(a) of such Code is amended by striking
``section 152'' and inserting ``section 7706''.
(45) Section 213(d)(5) of such Code is amended by striking
``section 152(e)'' and inserting ``section 7706(e)''.
(46) Section 213(e)(11) of such Code is amended by striking
``section 152(d)(2)'' and inserting ``section 7706(d)(2)''.
(47) Section 220(b)(6) of such Code is amended by striking
``with respect to whom a deduction under section 151 is
allowable to'' and inserting ``who is a dependent of''.
(48) Section 220(d)(2)(A) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(49) Section 221(c) of such Code is amended by striking ``a
deduction under section 151 with respect to such individual is
allowed to'' and inserting ``such individual is a dependent
of''.
(50) Section 221(d)(4) of such Code is amended by striking
``section 152'' and inserting ``section 7706''.
(51) Section 223(b)(6) of such Code is amended by striking
``with respect to whom a deduction under section 151 is
allowable to'' and inserting ``who is a dependent of''.
(52) Section 223(d)(2)(A) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(53) Section 401(h) of such Code is amended by striking
``section 152(f)(1)'' in the last sentence and inserting
``section 7706(f)(1)''.
(54) Section 402(l)(4)(D) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(55) Section 409A(a)(2)(B)(ii)(I) of such Code is amended
by striking ``section 152(a)'' and inserting ``section
7706(a)''.
(56) Section 443 is amended by striking subsection (c).
(57) Section 501(c)(9) of such Code is amended by striking
``section 152(f)(1)'' and inserting ``section 7706(f)(1)''.
(58) Section 529(c)(9)(C)(iii) of such Code is amended by
striking ``section 152(d)(2)(B)'' and inserting ``section
7706(d)(2)(B)''.
(59) Section 529(e)(2)(B) of such Code is amended by
striking ``section 152(d)(2)'' and inserting ``section
7706(d)(2)''.
(60) Section 529A(e)(4) of such Code is amended--
(A) by striking ``section 152(d)(2)(B)'' and
inserting ``section 7706(d)(2)(B)'', and
(B) by striking ``section 152(f)(1)(B)'' and
inserting ``section 7706(f)(1)(B)''.
(61) Section 703(a)(2) of such Code is amended by striking
subparagraph (A) and by redesignating subparagraphs (B) through
(F) as subparagraphs (A) through (E), respectively.
(62) Section 873(b) is amended by striking paragraph (3).
(63) Section 874 of such Code is amended by striking
subsection (b) and by redesignating subsection (c) as
subsection (b).
(64) Section 891 of such Code is amended by striking
``under section 151 and''.
(65) Section 904(b) of such Code is amended by striking
paragraph (1).
(66) Section 931(b)(1) of such Code is amended by striking
``(other than the deduction under section 151, relating to
personal exemptions)''.
(67) Section 933 of such Code is amended--
(A) by striking ``(other than the deduction under
section 151, relating to personal exemptions)'' in
paragraph (1), and
(B) by striking ``(other than the deduction for
personal exemptions under section 151)'' in paragraph
(2).
(68) Section 1212(b)(2)(B)(ii) of such Code is amended to
read as follows:
``(ii) in the case of an estate or trust,
the deduction allowed for such year under
section 642(b).''.
(69) Section 1361(c)(1)(C) of such Code is amended by
striking ``section 152(f)(1)(C)'' and inserting ``section
7706(f)(1)(C)''.
(70) Section 1402(a) of such Code is amended by striking
paragraph (7).
(71) Section 2032A(c)(7)(D) of such Code is amended by
striking ``section 152(f)(2)'' and inserting ``section
7706(f)(2)''.
(72) Section 3402(f)(1)(A) of such Code is amended by
striking ``for whom a deduction is allowed with respect to
another taxpayer under section 151'' and inserting ``who is a
dependent of another taxpayer''.
(73) Section 3402(m)(1) of such Code is amended by striking
``other than the deductions referred to in section 151 and''.
(74) Section 3402(r)(2) of such Code is amended by striking
``the sum of--'' and all that follows and inserting ``the
standard deduction in effect under section 63(c)(1)(B).''.
(75) Section 5000A(b)(3)(A) of such Code is amended by
striking ``section 152'' and inserting ``section 7706''.
(76) Section 5000A(c)(4)(A) of such Code is amended by
striking ``the number of individuals for whom the taxpayer is
allowed a deduction under section 151 (relating to allowance of
deduction for personal exemptions) for the taxable year'' and
inserting ``the sum of 1 (2 in the case of a joint return) plus
the number of the taxpayer's dependents for the taxable year''.
(77) Section 6013(b)(3)(A) of such Code is amended--
(A) by striking ``had less than the exemption
amount of gross income'' in clause (ii) and inserting
``had no gross income'',
(B) by striking ``had gross income of the exemption
amount or more'' in clause (iii) and inserting ``had
any gross income'', and
(C) by striking the flush language following clause
(iii).
(78) Section 6103(l)(21)(A)(iii) of such Code is amended to
read as follows:
``(iii) the number of the taxpayer's
dependents,''.
(79) Section 6213(g)(2)(H) of such Code is amended by
striking ``or section 151 (relating to allowance of deductions
for personal exemptions)''.
(80) Section 6334(d)(2) of such Code is amended to read as
follows:
``(2) Exempt amount.--
``(A) In general.--For purposes of paragraph (1),
the term `exempt amount' means an amount equal to--
``(i) the sum of the amount determined
under subparagraph (B) and the standard
deduction, divided by
``(ii) 52.
``(B) Amount determined.--For purposes of
subparagraph (A), the amount determined under this
subparagraph is $4,150 multiplied by the number of the
taxpayer's dependents for the taxable year in which the
levy occurs.
``(C) Inflation adjustment.--In the case of any
taxable year beginning after 2018, the $4,150 amount in
subparagraph (B) 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,
by substituting `calendar year 2017' for
`calendar year 2016' in subparagraph (A)
thereof.
If any increase determined under the preceding sentence
is not a multiple of $100, such increase shall be
rounded to the next lowest multiple of $100.
``(D) Verified statement.--Unless the taxpayer
submits to the Secretary a written and properly
verified statement specifying the facts necessary to
determine the proper amount under subparagraph (A),
subparagraph (A) shall be applied as if the taxpayer
were a married individual filing a separate return with
no dependents.''.
(81) Section 6334(d) of such Code is amended by striking
paragraph (4).
(82) Section 7702B(f)(2)(C)(iii) of such Code is amended by
striking ``section 152(d)(2)'' and inserting ``section
7706(d)(2)''.
(83) Section 7703(a) of such Code is amended by striking
``part V of subchapter B of chapter 1 and''.
(84) Section 7703(b)(1) of such Code is amended--
(A) by striking ``section 152(f)(1)'' and all that
follows and inserting ``section 7706(f)(1),'', and
(B) by striking ``section 152(e)'' and inserting
``section 7706(e)''.
(85) Section 7706(a) of such Code, as redesignated by this
section, is amended by striking ``this subtitle'' and inserting
``subtitle A''.
(86)(A) Section 7706(d)(1)(B) of such Code, as redesignated
by this section, is amended by striking ``the exemption amount
(as defined in section 151(d))'' and inserting ``$4,150''.
(B) Section 7706(d) of such Code, as redesignated by this
section, is amended by adding at the end the following new
paragraph:
``(6) Inflation adjustment.--In the case of any calendar
year beginning after 2018, the $4,150 amount in paragraph
(1)(B) 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,
determined by substituting `calendar year 2017' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
If any increase determined under the preceding sentence is not
a multiple of $100, such increase shall be rounded to the next
lowest multiple of $100.''.
(87) The table of sections for chapter 79 of such Code is
amended by adding at the end the following new item:
``Sec. 7706. Dependent defined.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 12. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION FOR STATE AND
LOCAL, ETC., TAXES.
(a) In General.--Paragraph (6) of section 164(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``, and before January 1, 2026'', and
(2) by striking ``2018 through 2025'' in the heading and
inserting ``after 2017''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 13. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION FOR QUALIFIED
RESIDENCE INTEREST.
(a) Repeal of Home Equity Indebtedness.--
(1) In general.--Section 163(h)(3)(A) of the Internal
Revenue Code of 1986 is amended by striking ``during the
taxable year on'' and all that follows through ``For purposes
of'' and inserting ``during the taxable year on acquisition
indebtedness with respect to any qualified principal residence
of the taxpayer. For purposes of''.
(2) Conforming amendment.--Section 163(h)(3) of such Code
is amended by striking subparagraph (C).
(b) Limitation on Acquisition Indebtedness.--
(1) In general.--Section 163(h)(3)(B)(ii) of the Internal
Revenue Code of 1986 is amended by striking ``$1,000,000
($500,000'' and inserting ``$750,000 ($375,000''.
(2) Treatment of indebtedness incurred on or before
december 31, 2017; refinancings.--Section 163(h)(3) of the
Internal Revenue Code of 1986, as amended by subsection (a)(2),
is amended by inserting after subparagraph (B) the following
new subparagraph:
``(C) Treatment of indebtedness incurred on or
before december 15, 2017; refinancings.--
``(i) In general.--In the case of any
indebtedness incurred on or before December 15,
2017, subparagraph (B)(ii) shall apply as in
effect immediately before the enactment of the
Public Law 115-97, and, in applying such
subparagraph to any indebtedness incurred after
such date, the limitation under such
subparagraph shall be reduced (but not below
zero) by the amount of any indebtedness
incurred on or before December 15, 2017, which
is treated as acquisition indebtedness for
purposes of this subsection for the taxable
year.
``(ii) Binding contract exception.--In the
case of a taxpayer who enters into a written
binding contract before December 15, 2017, to
close on the purchase of a principal residence
before January 1, 2018, and who purchases such
residence before April 1, 2018, subclause (III)
shall be applied by substituting `April 1,
2018' for `December 15, 2017'.
``(iii) Treatment of refinancings of
indebtedness.--
``(I) In general.--In the case of
any indebtedness which is incurred to
refinance indebtedness, such refinanced
indebtedness shall be treated for
purposes of clause (i) as incurred on
the date that the original indebtedness
was incurred to the extent the amount
of the indebtedness resulting from such
refinancing does not exceed the amount
of the refinanced indebtedness.
``(II) Limitation on period of
refinancing.--Subclause (I) shall not
apply to any indebtedness after the
expiration of the term of the original
indebtedness or, if the principal of
such original indebtedness is not
amortized over its term, the expiration
of the term of the 1st refinancing of
such indebtedness (or if earlier, the
date which is 30 years after the date
of such 1st refinancing).''.
(c) Coordination With Exclusion of Income From Discharge of
Indebtedness.--Section 108(h)(2) of the Internal Revenue Code of 1986
is amended by striking ``, applied by substituting'' and all that
follows through ``section 163(h)(3)(F)(i)(II)''.
(d) Conforming Amendments.--Section 163(h)(3) of the Internal
Revenue Code of 1986 is amended--
(1) in the heading of subparagraph (D)(ii), by striking
``$1,000,000'', and
(2) by striking subparagraph (F).
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 14. PERMANENT EXTENSION OF MODIFICATIONS TO DEDUCTION FOR PERSONAL
CASUALTY LOSSES.
(a) In General.--Paragraph (5) of section 165(h) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``, and before January 1, 2026'' in
subparagraph (A), and
(2) by striking ``2018 through 2025'' in the heading and
inserting ``after 2017''.
(b) Effective Date.--The amendments made by this section shall
apply to losses incurred in taxable years beginning after December 31,
2022.
SEC. 15. REPEAL OF MISCELLANEOUS ITEMIZED DEDUCTIONS.
(a) In General.--Section 67 of the Internal Revenue Code of 1986 is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Rule.--No miscellaneous itemized deduction shall be
allowed for any taxable year beginning after December 31, 2017.'',
(2) by striking subsection (g), and
(3) by striking ``2-percent floor on'' in the heading and
inserting ``treatment of''.
(b) Conforming Amendment.--The table of sections for part I of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking ``2-percent floor on'' in the item relating to
section 67 and inserting ``Treatment of''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 16. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS.
(a) In General.--Part 1 of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking section 68 (and
the item relating to such section in the table of sections for such
part).
(b) Conforming Amendments.--
(1) Section 1(f)(7) of the Internal Revenue Code of 1986,
as amended by this Act, is amended by striking ``section
63(c)(4), or section 68(b)(2)'' and inserting ``or section
63(c)(4)''.
(2) Section 56(b)(1) of such Code is amended by striking
subparagraph (E).
(3) Section 164(b)(5)(H)(ii)(III) of such Code is amended
by inserting ``(as in effect before the date of the enactment
of the Tax Cuts and Jobs Act)'' after ``68(b)''.
(4) Section 642(b)(2)(C)(i)(I) of such Code is amended by
striking ``as an individual described in section 68(b)(1)(C)''
and inserting ``as an individual who is not married and who is
not a surviving spouse or head of household''.
(5) Section 773(a)(3)(B) of such Code is amended by
striking clause (i) and redesignating clauses (ii) through (iv)
as clauses (i) through (iii), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 17. REPEAL OF EXCLUSION FOR QUALIFIED BICYCLE COMMUTING
REIMBURSEMENT.
(a) In General.--Section 132(f)(1) of the Internal Revenue Code of
1986 is amended by striking subparagraph (D).
(b) Conforming Amendments.--
(1) Section 132(f)(2) of the Internal Revenue Code of 1986
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 132(f)(4) of such Code is amended by striking
``(other than a qualified bicycle commuting reimbursement)''.
(3) Section 132(f)(5) of such Code is amended by striking
subparagraph (F).
(4) Section 132(f) of such Code is amended by striking
paragraph (8).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 18. PERMANENT EXTENSION OF MODIFICATION OF EXCLUSION FOR QUALIFIED
MOVING EXPENSE REIMBURSEMENT.
(a) In General.--Section 132(g) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1), by striking ``individual'' and
inserting ``qualified military member'', and
(2) by striking paragraph (2) and inserting the following:
``(2) Qualified military member.--For purposes of paragraph
(1), the term `qualified military member' means a member of the
Armed Forces of the United States on active duty who moves
pursuant to a military order and incident to a permanent change
of station.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 19. REPEAL OF DEDUCTION FOR MOVING EXPENSES.
(a) In General.--Subsection (a) of section 217 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Deduction Allowed.--There shall be allowed as a deduction
moving expenses paid or incurred during the taxable year in connection
with the commencement of work by a member of the Armed Forces of the
United States on active duty who moves pursuant to a military order and
incident to a permanent change of station.''.
(b) Conforming Amendments.--
(1) Section 217 of the Internal Revenue Code of 1986 is
amended--
(A) by striking subsections (c), (d), (f), and (i),
(B) by redesignating subsections (g), (h), and (j)
as subsections (c), (d), and (e), respectively, and
(C) in subsection (c), as so redesignated--
(i) by striking paragraph (1) and
redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively, and
(ii) in paragraph (2) (as so redesignated),
by striking ``moving expenses of his spouse and
dependents'' and all that follows and inserting
``moving expenses of his spouse and dependents
as if his spouse commenced work as an employee
at a new principal place of work at such
location.''.
(2) Section 23 of such Code is amended by striking
``217(h)(3)'' each place it appears in subsections (d)(3) and
(e) and inserting ``217(d)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 20. PERMANENT EXTENSION OF LIMITATION ON WAGERING LOSSES.
(a) In General.--The second sentence of section 165(d) of the
Internal Revenue Code of 1986 is amended by striking ``in the case of
taxable years beginning after December 31, 2017, and before January 1,
2026,''.
(b) Effective Date.--The amendments made by this section shall not
apply to taxable years beginning after December 31, 2022.
SEC. 21. INCREASE IN ESTATE AND GIFT TAX EXEMPTION MADE PERMANENT.
(a) In General.--Section 2010(c)(3)(A) of the Internal Revenue Code
of 1986 is amended by striking ``$5,000,000'' and inserting
``$10,000,000''.
(b) Conforming Amendments.--
(1) Section 2010(c)(3) of the Internal Revenue Code of 1986
is amended by striking subparagraph (C).
(2) Subsection (g) of section 2001 of such Code is amended
to read as follows:
``(g) Modifications To Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying and gifts made after December 31,
2022.
SEC. 22. INCREASE IN ALTERNATIVE MINIMUM TAX EXEMPTION MADE PERMANENT.
(a) In General.--Section 55(d) of the Internal Revenue Code of 1986
is amended--
(1) in paragraph (1)--
(A) by striking ``$78,750'' in subparagraph (A) and
inserting ``$109,400'', and
(B) by striking ``$50,600'' in subparagraph (B) and
inserting ``$70,300'', and
(2) in paragraph (2)--
(A) by striking ``$150,000'' in subparagraph (A)
and inserting ``$1,000,000'', and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) 50 percent of the dollar amount applicable
under subparagraph (A) in the case of a taxpayer
described in subparagraph (B) or (C) of paragraph (1),
and
``(C) 50 percent of $150,000 in the case of a
taxpayer described in paragraph (1)(D).''.
(b) Inflation Adjustment.--
(1) In general.--Section 55(d)(3)(A)(ii) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting for `calendar year 2016' in
subparagraph (A)(ii) thereof--
``(I) `calendar year 2011' in the
case of the dollar amounts described in
clauses (i), (iv), and (v) of
subparagraph (B), and
``(II) `calendar year 2017' in the
case of the dollar amounts described in
clauses (ii) and (iii) of subparagraph
(B).''.
(2) Conforming amendments.--Section 55(d)(3)(B) of such
Code is amended--
(A) by striking ``subparagraphs (A), (B), and (D)
of paragraph (1), and'' in clause (ii) and inserting
``subparagraphs (A) and (B) of paragraph (1),'',
(B) by striking ``subparagraphs (A) and (B) of
paragraph (2).'' in clause (iii) and inserting
``paragraph (2)(A),'', and
(C) by adding at the end the following:
``(iv) the dollar amount contained in
paragraph (1)(D), and
``(v) the dollar amount contained in
paragraph (2)(C).''.
(c) Treatment of Unearned Income of Minor Children.--Section 59 of
the Internal Revenue Code of 1986 is amended by striking subsection
(j).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 23. TECHNICAL AMENDMENT.
Section 11000 of Public Law 115-97 is amended by redesignating
subsection (a) as subsection (b) and by inserting before subsection (b)
(as so redesignated) the following new subsection:
``(a) Short Title.--This title may be cited as the `Tax Cuts and
Jobs Act'.''.
<all>
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118S1227 | FISH Act of 2023 | [
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[
"S001194"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1227 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1227
To combat illegal, unreported, and unregulated fishing at its sources
globally.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Sullivan (for himself, Mr. Whitehouse, Ms. Murkowski, Mr. Wicker,
and Mr. Schatz) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To combat illegal, unreported, and unregulated fishing at its sources
globally.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Foreign Illegal Seafood
Harvests Act of 2023'' or the ``FISH Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--Unless otherwise provided, the term
``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration.
(2) IUU fishing.--The term ``IUU fishing'' means activities
described as illegal fishing, unreported fishing, and
unregulated fishing in paragraph 3 of the International Plan of
Action to Prevent, Deter, and Eliminate Illegal, Unreported and
Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001.
(3) Regional fisheries management organization.--The terms
``regional fisheries management organization'' and ``RFMO''
have the meaning given the terms in section 303 of the Port
State Measures Agreement Act of 2015 (16 U.S.C. 7402).
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult, and
coordinate with foreign governments (at the national and subnational
levels), civil society, international organizations, international
financial institutions, subnational coastal communities, commercial and
recreational fishing industry leaders, communities that engage in
artisanal or subsistence fishing, fishers, and the private sector, in a
concerted effort--
(1) to continue the broad effort across the Federal
Government to counter IUU fishing, including any potential
links to forced labor, and related threats to maritime
security, as outlined in sections 3533 and 3534 of the Maritime
SAFE Act (16 U.S.C. 8002 and 8003); and
(2) to, additionally--
(A) prioritize efforts to prevent IUU fishing at
its sources; and
(B) support continued implementation of the Central
Arctic Ocean Fisheries agreement, as well as joint
research and follow-on actions that ensure
sustainability of fish stocks in Arctic international
waters.
SEC. 4. IUU VESSEL LIST OR BLACK LIST.
(a) In General.--
(1) Establishment.--The Administrator, in coordination with
the Secretary of State and the Commissioner of U.S. Customs and
Border Protection, shall establish, publish, and put vessels on
a United States IUU vessel list (referred to in this Act as the
``black list'') that denies benefits such as port privileges,
certain travel through, delivery or receipt of supplies or
services, or transshipment in waters within the jurisdiction of
the United States, in accordance with customary international
law, for vessels that have conducted IUU fishing and vessels
that have the same owner as a vessel on the black list.
(2) Coordination.--In carrying out this section, the
Administrator shall coordinate with the Secretary of Commerce
to ensure actions taken under this section add to and do not
duplicate actions taken pursuant to the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.) or
the Port State Measures Agreement Act of 2015 (16 U.S.C. 7401
et seq.)
(b) Regulations and Process.--Not later than 6 months after the
date of enactment of this Act, the Administrator shall issue
regulations to set a process for establishing, maintaining,
implementing, and publishing the black list. The Administrator may add
or remove a vessel to or from the black list on the date the vessel
becomes eligible for such addition or removal.
(c) Basis To Be Put on Black List.--The Administrator shall put a
vessel on the black list expeditiously if the Administrator
demonstrates that there is a reasonable basis to believe that a vessel
is any of the following (even if the Administrator has only partial
information regarding the vessel):
(1) A vessel listed on an IUU vessel list of an RFMO.
(2) A vessel taking part in fishing that undermines the
effectiveness of RFMO management measures on the high seas,
including a foreign vessel (defined in section 110 of title 46,
United States Code)--
(A) exceeding applicable RFMO catch limits; or
(B) that is operating inconsistent with relevant
catch allocation arrangements of the RFMO even if
operating under the authority of a foreign country that
is not a member of the RFMO.
(3) A vessel, either on the high seas or in the exclusive
economic zone of another country, identified and reported by
United States authorities to an RFMO to be conducting IUU
fishing when the United States has reason to believe the
foreign country to which the vessel is registered or documented
is not addressing the allegation.
(4) A vessel on the high seas identified and reported by
United States authorities to be conducting fishing that
involves the use of forced labor.
(5) A vessel that provides services (excluding emergency or
enforcement services) to a vessel that is on the black list,
including transshipment, resupply, refueling, or pilotage.
(6) A foreign vessel (defined in section 110 of title 46,
United States Code) that is a fishing vessel engaged in
commercial fishing without a permit issued under title II of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1821 et seq.).
(7) A vessel found by U.S. Customs and Border Protection to
have had a withhold release order issued pursuant to section
307 of the Tariff Act of 1930 (19 U.S.C. 1307), provided that
the withhold release order has not been subsequently revoked.
(8) A vessel that has the same owner as a vessel on the
black list at the time of the infraction.
(9) A vessel subject to economic sanctions administered by
the Department of the Treasury Office of Foreign Assets Control
for transnational criminal activity associated with IUU fishing
under Executive Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg.
10255; relating to blocking property of transnational criminal
organizations), or any other applicable economic sanctions
program.
(10) A vessel listed under section 608(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826i(c)).
(d) Nominations To Be Put on Black List.--
(1) In general.--The Administrator may accept nominations
for putting a vessel on the black list from--
(A) the head of an executive branch agency that is
a member of the Interagency Working Group on IUU
Fishing established under section 3551 of the Maritime
SAFE Act (16 U.S.C. 8031); or
(B) a country that is a member of the Combined
Maritime Forces.
(2) Procedures for addition.--The Administrator may put a
vessel on the black list only after notification to the
vessel's owner and a review of any information that the owner
provides within 90 days of the notification.
(e) Public Information.--The Administrator shall publish the black
list in the Federal Register and on a website and include the following
information (as much as is available and confirmed) for each vessel on
the list:
(1) The name of the vessel.
(2) The International Maritime Organization (IMO) number of
the vessel.
(3) The call sign of the vessel.
(4) Each beneficial owner's address of the vessel.
(5) The country where the vessel is registered or
documented, and where it was previously registered if known.
(6) The date of inclusion on the black list of the vessel.
(7) The Food and Agriculture Organization's global record
of the vessel's unique vessel identification, if applicable.
(8) Any other identifying information on the vessel, as
determined appropriate by the Administrator.
(f) Consequences of Being Black Listed.--
(1) In general.--Except for the purposes of inspection and
enforcement or in case of force majeure, a vessel on the black
list is prohibited from--
(A) accessing United States ports and using port
services;
(B) traveling through the United States territorial
sea unless it is conducting innocent passage in
accordance with customary international law; and
(C) delivering supplies, delivering services, or
transshipment within waters subject to the jurisdiction
of the United States, in accordance with customary
international law.
(2) Servicing prohibited.--No vessel of the United States
(defined in section 116 of title 46, United States Code) may
service a vessel that is on the black list, except in an
emergency involving life and safety and for enforcement
services.
(g) Enforcement of Black List.--
(1) In general.--Except as provided in paragraph (2), a
vessel subject to the jurisdiction of the United States on the
black list and the cargo of such vessel shall be subject to
seizure and forfeiture to the United States in the same manner
as merchandise is forfeited for violation of the customs
revenue laws.
(2) Exception.--The cargo of seafood of a vessel subject to
the jurisdiction of the United States on the black list shall
not be subject to seizure and forfeiture to the United States
if the cargo of seafood is in the possession of an importer who
has paid for the cargo of seafood and did not know, or did not
have any reason to know, that the seafood was the product of
IUU fishing.
(h) Permanency of Black List.--
(1) In general.--Except as provided in paragraphs (2)
through (4), a vessel that is put on the black list shall
remain on the black list.
(2) Revocation of wro.--The Administrator shall remove a
vessel from the black list if the vessel was added to the black
list because it was found by U.S. Customs and Border Protection
to have had a withhold release order issued pursuant to section
307 of the Tariff Act of 1930 (19 U.S.C. 1307) and the withhold
release order was subsequently revoked.
(3) Potential removal.--
(A) In general.--With the concurrence of the
Secretary of State and consultation with U.S. Customs
and Border Protection, the Administrator may remove a
vessel from the black list if the owner of the vessel
submits an application for removal to the Administrator
that meets the standards that the Administrator has set
out for removal.
(B) Standards.--The Administrator shall include in
the standards set out for removal a determination that
the vessel or vessel owner has not engaged in IUU
fishing or forced labor during the 5-year period
preceding the date of the application for removal.
(C) Consideration of relevant information.--In
considering an application for removal, the
Administrator shall consider relevant information from
all sources.
(4) Removal due to rfmo action.--The Administrator may
remove a vessel from the black list if the vessel was put on
the black list because it was a vessel listed on an IUU vessel
list of an RFMO, pursuant to subsection (c)(1), and the RFMO
removed the vessel from its IUU vessel list.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Commerce to carry out this section
$20,000,000 for each of fiscal years 2023 through 2028.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO BENEFICIAL OWNERS OF
VESSELS ON BLACK LIST.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to each foreign person that the
President determines, on or after the date of the enactment of this
Act, is the beneficial owner of a vessel identified on the black list
under section 4.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) are the following:
(1) Blocking of property.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
described in subsection (a), including, to the extent
appropriate, the vessel of which the person is the beneficial
owner, if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of a foreign person described in
subsection (a) shall be revoked, regardless of
when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall, in accordance with section
221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i))--
(I) take effect; and
(II) cancel any other valid visa or
entry documentation that is in the
person's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a person if
the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification on the waiver and
the reasons for the waiver.
(e) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement activities.--This section shall not apply with
respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence, law enforcement,
or national security activities of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) shall not apply with respect
to the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(f) Lifting of Sanctions.--The President shall lift the sanctions
imposed under this section with respect to a foreign person if the
foreign person is no longer the beneficial owner of a vessel identified
on the black list under section 4.
(g) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Beneficial owner.--The term ``beneficial owner'' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
(A) exercises substantial control over the vessel;
or
(B) owns not less than 50 percent of the ownership
interests in the vessel.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(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. 6. AGREEMENTS.
(a) Presidential Negotiation.--In negotiating any relevant
agreement with a foreign nation or nations after the date of enactment
of this Act, the President is encouraged to consider the impacts on or
to IUU fishing and strive to ensure that the agreement strengthens
efforts to combat IUU fishing.
(b) Secretary of State Encouragement.--Together with other
government partners if appropriate, the Secretary of State should
encourage other nations to ratify treaties and agreements that address
IUU fishing to which the United States is a party, including the UN
Fish Stocks Agreement, the Port State Measures Agreement, and other
applicable agreements, and pursue bilateral and multilateral
initiatives to raise international ambition to combat IUU fishing,
including in the G7 and G20, the United Nations, the International
Labor Organization (ILO), and the International Maritime Organization
(IMO), and through voluntary multilateral efforts.
SEC. 7. COAST GUARD PROVISIONS.
(a) Increase Boarding of Vessels Suspected of IUU Fishing.--The
Commandant of the Coast Guard shall, in accordance with the UN Fish
Stocks Agreement, increase, from year to year, its observation of
vessels on the high seas that are suspected of IUU fishing and related
harmful practices, and is encouraged to consider boarding these vessels
to the greatest extent practicable.
(b) Follow Up.--The Commandant of the Coast Guard shall, in
consultation with the Secretary of State and the Administrator,
coordinate regularly with regional fisheries management organizations
to determine what corrective measures each country has taken after
vessels that are registered or documented by the country have been
boarded for suspected IUU fishing.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act and in accordance with information management rules of the
relevant regional fisheries management organizations, the Commandant of
the Coast Guard shall submit a report to Congress on--
(1) the total number of bilateral agreements utilized or
enacted during Coast Guard counter-IUU patrols and future
patrol plans for operations with partner nations where
bilateral agreements are required to effectively execute the
counter-IUU mission and any changes to IUU provisions in
bilateral agreements;
(2) incidents of IUU fishing observed while conducting High
Seas Boarding and Inspections (HSBI), how the conduct is
tracked after referral to the respective country where the
vessel is registered or documented, and what actions are taken
to document or otherwise act on the enforcement, or lack
thereof, taken by the country;
(3) the country where the vessel is registered or
documented, the country where the vessel was previously
registered and documented if known, and status of a vessel
interdicted or observed to be engaged in IUU fishing on the
high seas by the Coast Guard;
(4) incident details on vessels observed to be engaged in
IUU fishing on the high seas, boarding refusals, and what
action was taken; and
(5) any other potential enforcement actions that could
decrease IUU fishing on the high seas.
SEC. 8. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES MANAGEMENT
ORGANIZATIONS.
(a) Interagency Working Group on IUU Fishing.--Section 3551(c) of
the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended--
(1) in paragraph (13), by striking ``and'' after the
semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) developing a strategy for leveraging enforcement
capacity against IUU fishing, particularly focusing on nations
identified under section 609(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)); and
``(16) developing a strategy for leveraging enforcement
capacity against associated crimes, such forced labor and other
illegal labor practices, and increasing enforcement and other
actions across relevant import control and assessment programs,
using as resources--
``(A) the List of Goods Produced by Child Labor or
Forced Labor produced pursuant to section 105 of the
Trafficking Victims Protection Reauthorization Act of
2005 (22 U.S.C. 7112);
``(B) the Trafficking in Persons Report required
under section 110 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107); and
``(C) United States Customs and Border Protection's
Forced Labor Division and enforcement activities and
regulations authorized under section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).''.
(b) Secretary of State Identification.--The Secretary of State, in
coordination with the Commandant of the Coast Guard and the
Administrator, shall--
(1) identify regional fisheries management organizations
that the United States is party to that do not have a high seas
boarding and inspection program; and
(2) identify obstacles, needed authorities, or existing
efforts to increase implementation of these programs, and take
action as appropriate.
SEC. 9. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING AND ANALYSIS.
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended
by adding at the end:
``(c) Strategies To Optimize Data Collection, Sharing, and
Analysis.--Not later than 2 years after the publication of the
strategic plan submitted under subsection (a), the Working Group shall
identify information and resources to prevent fish and fish products
from IUU fishing from entering United States commerce without
increasing burden or trade barriers on seafood not produced from IUU
fishing. The report shall include the following:
``(1) Identification of relevant data streams collected by
Working Group members.
``(2) Identification of legal, jurisdictional, or other
barriers to the sharing of such data.
``(3) In consultation with the Secretary of Defense,
recommendations for joint enforcement protocols, collaboration,
and information sharing between Federal agencies and States.
``(4) Recommendations for sharing and developing forensic
resources between Federal agencies and States.
``(5) Recommendations for enhancing capacity for United
States Customs and Border Protection and National Oceanic and
Atmospheric Administration to conduct more effective field
investigations and enforcement efforts with State enforcement
officials.
``(6) Recommendations for the dissemination of IUU fishing
analysis and information to those entities that could use it
for action and awareness, with the aim to establish an IUU
fishing information sharing center.
``(7) Recommendations for an implementation strategy,
including measures for ensuring that trade in seafood not
linked to IUU fishing is not impeded.''.
SEC. 10. INVESTMENT AND TECHNICAL ASSISTANCE IN THE FISHERIES SECTOR.
(a) In General.--The Secretary of State, the Administrator of the
United States Agency for International Development, and the Secretary
of Commerce, in consultation with the heads of relevant agencies, the
Millennium Challenge Corporation, and multilateral institutions such as
the World Bank, is encouraged to increase support to programs that
provide technical assistance and investment to nations' fisheries
sectors for sustainable fisheries management and combating IUU fishing.
The focus of such support is encouraged to be on priority regions and
priority flag states identified under section 3552(b) of the Maritime
SAFE Act (16 U.S.C. 8032(b)).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of State and the United States Agency
for International Development to carry out subsection (a) $20,000,000
for each of fiscal years 2023 through 2028.
SEC. 11. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD PRODUCTS FROM
FOREIGN VESSELS USING FORCED LABOR.
(a) Definitions.--In this section:
(1) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(2) Seafood.--The term ``seafood'' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine mammals
and birds.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
(b) Forced Labor on Foreign Fishing Vessels.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection, in coordination with the Secretary and the
Forced Labor Enforcement Task Force, established pursuant to
section 741 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4681), shall issue regulations
regarding the verification of seafood imports to ensure that no
seafood or seafood product harvested on foreign vessels using
forced labor is entered into the United States in violation of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(2) Strategy.--The Commissioner of U.S. Customs and Border
Protection, in coordination with the Secretary shall--
(A) develop a strategy for utilizing relevant
United States Government data to identify imports of
seafood or seafood products harvested on foreign
vessels using forced labor; and
(B) publish information regarding the strategy
developed under subparagraph (A) on the website of U.S.
Customs and Border Protection.
SEC. 12. REPORTS.
(a) Impact of New Technology.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator and the Working Group established
under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031), shall
conduct a study to assess the impact of new technology (such as remote
observing, the use of drones, development of risk assessment tools and
data-sharing software, immediate containerization of fish on fishing
vessels, and other technology-enhanced new fishing practices) on IUU
fishing and propose ways to integrate these technologies into global
fisheries enforcement and management.
(b) Russian and Chinese Fishing Industries' Influence on Each Other
and on the United States Seafood and Fishing Industry.--Not later than
2 years after the date of the enactment of this Act, the Secretary of
State, with support from the Secretary of Commerce and the Office of
the United States Trade Representative, shall--
(1) conduct a study on the collaboration between the
Russian and Chinese fishing industries and on the role of
seafood reprocessing in China (including that of raw materials
originating in Russia) in global seafood markets and its impact
on United States seafood importers, processors, and consumers;
and
(2) complete a report on the study that includes classified
and unclassified portions, as the Secretary of State determines
necessary.
(c) Fishermen Conducting Unlawful Fishing in the Economic Exclusion
Zone.--Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is
amended by adding at the end the following:
``(d) The Impacts of IUU Fishing.--
``(1) In general.--The Administrator, in consultation with
relevant members of the Working Group, shall seek to enter into
an arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
will undertake a multifaceted study that includes the
following:
``(A) An analysis that quantifies the occurrence
and extent of IUU fishing among flag states.
``(B) An evaluation of the costs to the United
States economy of IUU fishing.
``(C) An assessment of the costs to the global
economy of IUU fishing.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000.''.
(d) Report.--Not later than 24 months after the date of the
enactment of this Act, the Administrator shall submit to Congress a
report on the study conducted under subsection (d) of section 3551 of
the Maritime SAFE Act that includes--
(1) the findings of the National Academies; and
(2) recommendations on knowledge gaps that warrant further
scientific inquiry.
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118S1228 | Coin Metal Modification Authorization and Cost Savings Act of 2023 | [
[
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"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
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"E000295",
"Sen. Ernst, Joni [R-IA]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1228 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1228
To amend title 31, United States Code, to save Federal funds by
authorizing changes to the composition of circulating coins, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Hassan (for herself and Ms. Ernst) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to save Federal funds by
authorizing changes to the composition of circulating coins, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coin Metal Modification
Authorization and Cost Savings Act of 2023''.
SEC. 2. SAVING FEDERAL FUNDS BY AUTHORIZING CHANGES TO THE COMPOSITION
OF CIRCULATING COINS.
Section 5112 of title 31, United States Code, is amended by adding
at the end the following:
``(bb) Composition of Circulating Coins.--
``(1) In general.--Notwithstanding any other provision of
law, and subject to the other provisions of this subsection,
the Director of the United States Mint (referred to in this
subsection as the `Director'), in consultation with the
Secretary, may modify the metallic composition of circulating
coins to a new metallic composition (including by prescribing
reasonable manufacturing tolerances with respect to those
coins) if a study and analysis conducted by the United States
Mint, including solicitation of input, including input on
acceptor tolerances and requirements, from industry
stakeholders who could be affected by changes in the
composition of circulating coins, indicates that the
modification will--
``(A) reduce costs incurred by the taxpayers of the
United States;
``(B) be seamless, which shall mean the same
diameter and weight as United States coinage being
minted on the date of enactment of this subsection and
that the coins will work interchangeably in most coin
acceptors using electromagnetic signature technology;
and
``(C) have as minimal an adverse impact as possible
on the public and stakeholders.
``(2) Notification to congress.--On the date that is at
least 90 legislative days before the date on which the Director
begins making a modification described in paragraph (1), the
Director shall submit to Congress notice that--
``(A) provides a justification for the
modification, including the support for that
modification in the study and analysis required under
paragraph (1) with respect to the modification;
``(B) describes how the modification will reduce
costs incurred by the taxpayers of the United States;
``(C) certifies that the modification will be
seamless, as described in paragraph (1)(B); and
``(D) certifies that the modification will have as
minimal an adverse impact as possible on the public and
stakeholders.
``(3) Congressional authority.--The Director may begin
making a modification proposed under this subsection not
earlier than the date that is 90 legislative days after the
date on which the Director submits to Congress the notice
required under paragraph (2) with respect to that modification,
unless Congress, during the period of 90 legislative days
beginning on the date on which the Director submits that
notice--
``(A) finds that the modification is not justified
in light of the information contained in that notice;
and
``(B) enacts a joint resolution of disapproval of
the proposed modification.
``(4) Procedures.--For purposes of paragraph (3)--
``(A) a joint resolution of disapproval is a joint
resolution the matter after the resolving clause of
which is as follows: `That Congress disapproves the
modification submitted by the Director of the United
States Mint.'; and
``(B) the procedural rules in the House of
Representatives and the Senate for a joint resolution
of disapproval described under paragraph (3) shall be
the same as provided for a joint resolution of
disapproval under chapter 8 of title 5, United States
Code.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>
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118S1229 | Green New Deal for Health Act | [
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
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[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1229 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1229
To establish a Green New Deal for Health to prepare and empower the
health care sector to protect the health and well-being of our workers,
our communities, and our planet in the face of the climate crisis, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Markey (for himself, Mr. Merkley, Mr. Sanders, and Ms. Warren)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a Green New Deal for Health to prepare and empower the
health care sector to protect the health and well-being of our workers,
our communities, and our planet in the face of the climate crisis, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Green New Deal for
Health Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and sense of Congress on health and climate change.
TITLE I--WHOLE-OF-GOVERNMENT APPROACH
Sec. 101. Definitions.
Sec. 102. Office of Climate Change and Health Equity; national
strategic action plan.
Sec. 103. Advisory board.
Sec. 104. Climate change health protection and promotion reports.
Sec. 105. Authorization of appropriations.
TITLE II--PROTECTING ESSENTIAL HEALTH CARE ACCESS
Sec. 201. Maintenance of health care access relating to hospital
discontinuation of services or closure.
Sec. 202. Empowering community health in environmental justice
communities.
TITLE III--GREEN AND RESILIENT HEALTH CARE INFRASTRUCTURE
Sec. 301. Green Hill-Burton funds for climate-ready medical facilities.
Sec. 302. Planning and Evaluation Grant Program.
TITLE IV--HEALTH CARE SECTOR DECARBONIZATION
Sec. 401. Office of Sustainability and Environmental Impact.
Sec. 402. Climate risk disclosure for medical supplies.
Sec. 403. Green health care manufacturing.
TITLE V--A HEALTH WORKFORCE TO TACKLE THE CLIMATE CRISIS
Sec. 501. Education and training relating to health risks associated
with climate change.
Sec. 502. Building a community health workforce for the climate crisis.
Sec. 503. Safeguarding essential health care workers.
TITLE VI--SAFE, STRONG, AND RESILIENT COMMUNITIES
Subtitle A--Empowering Resilient Community Mental Health
Sec. 601. Grants for resilient community mental health.
Subtitle B--Understanding and Preventing Heat Risk
Sec. 611. Definitions.
Sec. 612. Study on extreme heat information and response.
Sec. 613. Financial assistance for research and resilience in
addressing extreme heat risks.
Sec. 614. Authorization of appropriations.
Subtitle C--Home Resiliency for Medical Needs
Sec. 621. Medicare coverage of medically necessary home resiliency
services.
TITLE VII--RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH
Sec. 701. Research and innovation for climate and health.
SEC. 2. DEFINITIONS.
In this Act:
(1) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(2) Individual disproportionately affected by climate
change.--The term ``individual disproportionately affected by
climate change'' means an individual that may face elevated
mental and physical health risks due to climate change based on
2 or more of the following factors:
(A) Age under 5 years old or over 65 years old.
(B) Race and ethnicity, and experience of racial
bias.
(C) Sex, gender, and gender minority status.
(D) Being of reproductive age.
(E) Exposure to environmental health risks due to
living conditions or location, including current or
past experience of homelessness.
(F) Occupation or exposure to occupational hazards.
(G) Household income.
(H) Disability.
(I) Co-morbidities.
(J) Current or past exposure to personal or
systemic trauma, including natural disasters.
(K) Immigration status.
(L) Language isolation.
(3) Medically underserved community.--The term ``medically
underserved community'' has the meaning given such term in
section 799B of the Public Health Service Act (42 U.S.C. 295p).
SEC. 3. FINDINGS AND SENSE OF CONGRESS ON HEALTH AND CLIMATE CHANGE.
(a) Findings.--Congress finds that, according to the assessment of
the United States Global Change Research Program entitled ``The Impacts
of Climate Change on Human Health in the United States: A Scientific
Assessment'' and dated 2016--
(1) the impacts of human-induced climate change are
increasing nationwide;
(2) rising greenhouse gas concentrations result in
increases in temperature, changes in precipitation, increases
in the frequency and intensity of some extreme weather events,
and rising sea levels;
(3) the climate change impacts described in paragraph (2)
endanger our health by affecting--
(A) our access to care, food, and water sources;
(B) the air we breathe;
(C) the weather we experience; and
(D) our interactions with the built and natural
environments; and
(4) as the climate continues to change, the risks to human
health continue to grow.
(b) Sense of Congress.--It is the sense of Congress that--
(1) climate change poses threats to the United States and
globally through its impacts on society, the economy, the
physical environment, and physical and mental health;
(2) climate change health threats are growing in scale and
severity;
(3) climate change disproportionately affects individuals
in the United States who are economically disadvantaged, belong
to communities of color, or have other social and health
vulnerabilities;
(4) the health care sector accounts for 8.5 percent of
United States emissions, further worsening the overall health
impacts of climate change; and
(5) the Federal Government, working with international,
State, Tribal, and local governments, nongovernmental
organizations, businesses, and individuals, should use all
practicable means and measures--
(A) to deploy a whole-of-government and whole-of-
health approach to protect our collective health from
the impacts of climate change and to mitigate
environmental health impacts from health sector
operations;
(B) to build a just health care ecosystem where all
Americans have access to dignified, high-quality care
in their communities;
(C) to ensure the health care system is resilient
to extreme weather and can continue to provide care
before, during, and after crises;
(D) to lead the health sector to decarbonize its
facilities and operations in an equitable and just
manner;
(E) to empower a thriving health workforce with
good, high-wage union jobs and to recognize the value
of all of the essential workers that enable high-
quality health care; and
(F) to invest in, empower, and build safe, strong,
and resilient communities.
TITLE I--WHOLE-OF-GOVERNMENT APPROACH
SEC. 101. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Office.
(2) National strategic action plan.--The term ``national
strategic action plan'' means the national strategic action
plan published pursuant to section 102(b)(1).
(3) Office.--The term ``Office'' means the Office of
Climate Change and Health Equity established by section
102(a)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 102. OFFICE OF CLIMATE CHANGE AND HEALTH EQUITY; NATIONAL
STRATEGIC ACTION PLAN.
(a) Office of Climate Change and Health Equity.--
(1) Establishment.--
(A) In general.--There is established within the
Department of Health and Human Services the Office of
Climate Change and Health Equity.
(B) Purpose.--The purpose of the Office shall be to
facilitate a robust, Federal response to the impact of
climate change on the health of the American people and
the health care system.
(C) Director.--There is established the position of
Director of the Office, who--
(i) shall be the head of the Office; and
(ii) may report to the Assistant Secretary
for Health.
(2) Activities.--The duties of the Office shall be to
address priority health actions relating to the health impacts
of climate change, including by doing each of the following:
(A) Contribute to assessments of how climate change
is affecting the health of individuals living in the
United States.
(B) Understand the needs of the populations most
disproportionately affected by climate-related health
threats.
(C) Serve as a credible source of information on
the physical, mental, and behavioral health
consequences of climate change.
(D) Align Federal efforts to deploy climate-
conscious human services and direct services to support
and protect populations composed of individuals
disproportionately affected by climate change.
(E) Create and distribute tools and resources to
support climate resilience for the health sector,
community-based organizations, and individuals.
(F) Create and distribute tools and resources to
support health sector efforts to track and decrease
greenhouse gas emissions.
(G) Lead efforts to reduce the carbon footprint and
environmental impacts of the health sector.
(H) Carry out other activities determined
appropriate by the Secretary.
(b) National Strategic Action Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, on the basis of the best
available science, and in consultation pursuant to paragraph
(2), shall publish a national strategic action plan to
coordinate effective deployment of Federal efforts to ensure
that public health and health care systems are prepared for and
can respond to the impacts of climate change on health in the
United States.
(2) Consultation.--In developing or making any revision to
the national strategic action plan, the Secretary shall--
(A) consult with the Director, the Administrator of
the Environmental Protection Agency, the Under
Secretary of Commerce for Oceans and Atmosphere, the
Administrator of the National Aeronautics and Space
Administration, the Director of the Indian Health
Service, the Secretary of Labor, the Secretary of
Defense, the Secretary of State, the Secretary of
Veterans Affairs, the National Environmental Justice
Advisory Council, the heads of other appropriate
Federal agencies, Tribal governments, and State and
local government officials; and
(B) provide meaningful opportunity for engagement,
comment, and consultation with relevant public
stakeholders, particularly representatives of
populations composed of individuals disproportionately
affected by climate change, environmental justice
communities, Tribal communities, health care providers,
public health organizations, and scientists.
(3) National strategic action plan components.--The
national strategic action plan shall include an assessment of,
and strategies to improve, the health sector capacity of the
United States to address climate change, including--
(A) identifying, prioritizing, and engaging
communities and populations who are disproportionately
affected by exposures to climate hazards;
(B) addressing mental and physical health
disparities exacerbated by climate impacts to enhance
community health resilience;
(C) identifying the link between environmental
injustice and vulnerability to the impacts of climate
change and prioritizing those who have been harmed by
environmental and climate injustice;
(D) providing outreach and communication aimed at
public health and health care professionals and the
public to promote preparedness and response strategies;
(E) tracking and assessing programs across Federal
agencies to advance research related to the impacts of
climate change on health;
(F) identifying and assessing existing preparedness
and response strategies for the health impacts of
climate change;
(G) prioritizing critical public health and health
care infrastructure projects;
(H) providing modeling and forecasting tools of
climate change health impacts, including local impacts,
where feasible;
(I) establishing academic and regional centers of
excellence;
(J) recommending models for maintaining access to
health care during extreme weather;
(K) providing technical assistance and support for
preparedness and response plans for the health threats
of climate change in States, municipalities,
territories, Indian Tribes, and developing countries;
(L) addressing the impacts of fossil fuel pollution
and greenhouse gas emissions on the health of
individuals living in the United States;
(M) tracking health care sector contributions to
greenhouse gas emissions and identifying actions to
reduce those emissions;
(N) recommending new regulations or policies to
address identified gaps in the health system capacity
to effectively reduce emissions, reduce environmental
impact, and address climate change; and
(O) developing, improving, integrating, and
maintaining disease surveillance systems and monitoring
capacity to respond to health-related impacts of
climate change, including on topics addressing--
(i) water-, food-, and vector-borne
infectious diseases and climate change;
(ii) pulmonary effects, including responses
to aeroallergens, infectious agents, and toxic
exposures;
(iii) cardiovascular effects, including
impacts of temperature extremes;
(iv) air pollution health effects,
including heightened sensitivity to air
pollution such as wildfire smoke;
(v) reproductive health effects, including
access to reproductive health care;
(vi) harmful algal blooms;
(vii) mental and behavioral health impacts
of climate change;
(viii) the health of migrants, refugees,
displaced persons, and communities composed of
individuals disproportionately affected by
climate change;
(ix) the implications for communities and
populations vulnerable to the health effects of
climate change, as well as strategies for
responding to climate change within such
communities;
(x) Tribal, local, and community-based
health interventions for climate-related health
impacts;
(xi) extreme heat and weather events;
(xii) decreased nutritional value of crops;
and
(xiii) disruptions in access to routine and
acute medical care, public health programs, and
other supportive services for maintaining
health.
(c) Periodic Assessment and Revision.--Not later than 1 year after
the date of first publication of the national strategic action plan,
and annually thereafter, the Secretary shall periodically assess, and
revise as necessary, the national strategic action plan, to reflect new
information collected, including information on--
(1) the status of and trends in critical environmental
health indicators and related human health impacts;
(2) the trends in and impacts of climate change on public
health;
(3) advances in the development of strategies for preparing
for and responding to the impacts of climate change on public
health; and
(4) the effectiveness of the implementation of the national
strategic action plan in protecting against climate change
health threats.
(d) Implementation.--
(1) Implementation through hhs.--The Secretary shall
exercise the Secretary's authority under this title and other
Federal statutes to achieve the goals and measures of the
Office and the national strategic action plan.
(2) Other public health programs and initiatives.--The
Secretary and Federal officials of other relevant Federal
agencies shall administer public health programs and
initiatives authorized by laws other than this title, subject
to the requirements of such laws, in a manner designed to
achieve the goals of the Office and the national strategic
action plan.
(3) Health impact assessment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
identify proposed and current laws, policies, and
programs that are of particular interest for their
impact in contributing to or alleviating health burdens
and the health impacts of climate change.
(B) Assessments.--Not later than 2 years after the
date of enactment of this Act, the head of each
relevant Federal agency shall--
(i) assess the impacts that the proposed
and current laws, policies, and programs
identified under subparagraph (A) under their
jurisdiction have or may have on protection
against the health threats of climate change;
and
(ii) assist State, Tribal, local, and
territorial governments in conducting such
assessments.
SEC. 103. ADVISORY BOARD.
(a) Establishment.--The Secretary shall, pursuant to chapter 10 of
title 5, United States Code, establish a permanent science advisory
board to be composed of not less than 10 and not more than 20 members.
(b) Appointment of Members.--
(1) In general.--The Secretary shall appoint the members of
the science advisory board from among individuals who--
(A) are recommended by the President of the
National Academy of Sciences or the President of the
National Academy of Medicine; and
(B) have expertise in essential public health and
health care services, including with respect to diverse
populations, climate change, environmental and climate
justice, and other relevant disciplines.
(2) Requirement.--The Secretary shall ensure that the
science advisory board includes members with practical or lived
experience with relevant issues described in paragraph (1)(B).
(c) Functions.--The science advisory board shall--
(1) provide scientific and technical advice and
recommendations to the Secretary on the domestic and
international impacts of climate change on public health and
populations and regions disproportionately affected by climate
change, and strategies and mechanisms to prepare for and
respond to the impacts of climate change on public health;
(2) advise the Secretary regarding the best science
available for purposes of issuing the national strategic action
plan and conducting the climate and health program; and
(3) submit a report to Congress on its activities and
recommendations not later than 1 year after the date of
enactment of this Act and not later than every year thereafter.
(d) Support.--The Secretary shall provide financial and
administrative support to the board.
SEC. 104. CLIMATE CHANGE HEALTH PROTECTION AND PROMOTION REPORTS.
(a) In General.--The Secretary shall offer to enter into an
agreement, including the provision of such funding as may be necessary,
with the National Academies of Sciences, Engineering, and Medicine,
under which such National Academies will prepare periodic reports to
aid public health and health care professionals in preparing for and
responding to the adverse health effects of climate change that--
(1) review scientific developments on health impacts and
health disparities of climate change;
(2) evaluate the measurable impacts of activities
undertaken at the directive of the national strategic action
plan; and
(3) recommend changes to the national strategic action plan
and climate and health program.
(b) Submission.--The agreement under subsection (a) shall require a
report to be submitted to Congress and the Secretary and made publicly
available not later than 1 year after the first publication of the
national strategic action plan, and every 4 years thereafter.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of Climate Change and Health Equity.--There is
authorized to be appropriated to the Secretary to carry out section
102(a) $10,000,000 for each of fiscal years 2024 through 2030.
(b) National Strategic Action Plan.--There is authorized to be
appropriated to the Secretary to carry out section 102(b) $2,000,000
for fiscal year 2024, to remain available until expended.
(c) Advisory Board.--There is authorized to be appropriated to the
Secretary to carry out section 103(c) $500,000 for fiscal year 2024, to
remain available until expended.
TITLE II--PROTECTING ESSENTIAL HEALTH CARE ACCESS
SEC. 201. MAINTENANCE OF HEALTH CARE ACCESS RELATING TO HOSPITAL
DISCONTINUATION OF SERVICES OR CLOSURE.
Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y)(ii)(V), by striking the
period and inserting ``, and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) beginning 60 days after the date of the enactment of
this subparagraph, in the case of a hospital, to comply with
the requirements of subsection (l) (relating to discontinuation
of services or closure).''; and
(2) by adding at the end the following new subsection:
``(l) Requirements for Hospitals Relating to Discontinuation of
Services or Closure.--
``(1) Requirements.--
``(A) In general.--For purposes of subsection
(a)(1)(Z), except as provided in subparagraph (B), the
requirements described in this subsection are that a
hospital--
``(i) notify the Secretary, in accordance
with paragraph (2), not less than 90 days prior
to the discontinuation of services or full
hospital closure;
``(ii) prohibit the discontinuation of
essential services (as defined in paragraph
(6)) during the notification period (as defined
in such paragraph) unless there is a clear harm
posed to patient or employee health or safety
in the hospital continuing to furnish such
services;
``(iii) respond to any inquiries by the
Secretary relating to the implementation of
this subsection, including the determination of
essential services under paragraph (6)(C); and
``(iv) if applicable--
``(I) submit a mitigation plan and
related information as described in
paragraph (3); and
``(II) participate in the public
comment and review process (including,
if applicable, the alternative
mitigation plan) described in paragraph
(4).
``(B) Application in case of catastrophic events.--
In the case where a discontinuation of services or
closure of a hospital is due to an unforeseen
catastrophic event (as defined by the Secretary), the
requirements described in subparagraph (A) shall apply,
except--
``(i) the hospital shall provide the
notification under clause (i) of such
subparagraph not later than 30 days after the
catastrophic event or as soon as feasible as
determined by the Secretary; and
``(ii) clause (ii) of such subparagraph
(relating to prohibiting the discontinuation of
services) shall not apply.
``(2) Notification information.--For purposes of paragraph
(1)(A)(i), the notification under such paragraph shall include
the following information with respect to a hospital:
``(A) Discontinuation of services.--In the case
where the hospital is discontinuing services (without
full hospital closure):
``(i) The services that will be
discontinued and number of hospital beds
impacted.
``(ii) The number of individuals furnished
such services annually and a breakdown of the
type of insurance used by such individuals for
such services.
``(iii) The number of impacted employees
and what labor organization represents them
(and the contact information for such
organization).
``(iv) The names and addresses of any
organized health care coalitions and community
groups that represent the communities impacted
by the discontinuation of such services.
``(v) Alternative providers of such
services, including provider type, contact
information, and distance and transportation
time by car and public transit from the
hospital.
``(B) Full hospital closure.--In the case of full
hospital closure:
``(i) Hospital ownership entities.
``(ii) The full extent of services that
will no longer be furnished by the hospital.
``(iii) The number of individuals furnished
services annually by the hospital, a
description of the services furnished, and a
breakdown of the type of insurance type used by
such individuals for such services.
``(iv) The number of impacted employees
and, if applicable, what labor organizations
represent them (and the contact information for
each such organization).
``(v) The names and addresses of any
organized health care coalitions and community
groups that represent the communities impacted
by the closure.
``(vi) Alternative providers, including
provider type, contact information, and
distance and transportation time by car and
public transit from the hospital.
``(vii) Steps taken prior to the decision
to close in order to avoid closure.
``(viii) Distribution of liquidation
proceeds (cash or assets) or any payments (cash
or assets) made to employees, owners, or
contractors related to the closure.
``(3) Submission of mitigation plan and related information
for essential services.--
``(A) Notification by secretary.--If the Secretary
determines that the discontinuation of services or
closure of an applicable hospital would negatively
impact access to essential services, the Secretary
shall notify the applicable hospital of such
determination.
``(B) Submission of mitigation plan and related
information.--If an applicable hospital receives a
notification under subparagraph (A), the applicable
hospital shall, not later than 15 days after receiving
such notification, submit to the Secretary--
``(i) a plan to--
``(I) preserve access to essential
services for impacted communities
through partnerships, commitments from
surrounding facilities, transportation
plan access, and preparation for surge
response; and
``(II) support employees in
transitioning to new positions within
health care;
``(ii) information on workforce and public
engagement to ensure awareness of the
discontinuation of services or closure; and
``(iii) a description of potential
alternatives to the discontinuation of services
or closure that the hospital considered and an
explanation of why those alternatives are not a
viable option.
``(C) Public availability.--The Secretary shall
make a mitigation plan and related information
submitted by an applicable hospital under this
paragraph available to the public on the internet
website of the Centers for Medicare & Medicaid
Services.
``(4) Public comment and review process; alternative
mitigation plan.--
``(A) Public comment period.--
``(i) In general.--The Secretary shall
provide a public comment period of not less
than 45 days with the opportunity to submit
written comments regarding the impact of the
potential discontinuation of services or
closure of an applicable hospital.
``(ii) Notice.--Notice of the opportunity
to submit comments shall be published in the
Federal Register and distributed to--
``(I) providers of services and
suppliers that may be impacted by the
discontinuation of services or closure
of the applicable hospital;
``(II) any labor organization that
represents any subdivision of employees
of the applicable hospital;
``(III) organized health care
coalitions and community groups that
represent the communities impacted by
the discontinuation of services or
closure;
``(IV) the State health agency; and
``(V) the local department of
public health.
``(B) Alternative mitigation plan.--
``(i) In general.--If, after reviewing the
mitigation plan submitted by an applicable
hospital under paragraph (3) and the comments
submitted during the public comment period
under subparagraph (A) with respect to the
discontinuation of services or closure of the
applicable hospital, the Secretary finds that
the discontinuation of services or closure of
the applicable hospital would have a
significant impact on access to essential
services, the Secretary shall work with the
applicable hospital or other providers of
services and suppliers in the area, as
appropriate, to develop and implement an
alternative plan to the plan submitted by the
applicable hospital under paragraph (3)
(referred to in this subsection as the
`alternative mitigation plan') in order to
ensure continued access to essential services,
which may include an agreement to delay the
discontinuation of services or closure of the
applicable hospital until the alternative
mitigation plan is complete.
``(ii) Technical assistance.--An
alternative mitigation plan under clause (i)
may include technical assistance or information
on available funding mechanisms to support the
furnishing of essential services.
``(iii) Collaboration.--The Secretary
should, to the extent practicable, collaborate
with State and municipal government officials
in the development of an alternative mitigation
plan under clause (i).
``(iv) Public availability.--The Secretary
shall make any information submitted and the
alternative mitigation plan developed under
this paragraph available to the public on the
internet website of the Centers for Medicare &
Medicaid Services.
``(C) Implementation.--The Secretary shall
promulgate regulations to detail the required response
time by an applicable hospital and the speed of the
review process under this paragraph in order to ensure
that such process can be completed with respect to an
applicable hospital prior to the proposed service
discontinuation date or closure date of the applicable
hospital.
``(D) Prohibition.--In the case where the Secretary
finds that a hospital has violated the requirements of
this subsection, the Secretary may prohibit the
hospital and any hospital under the same hospital
ownership entity from being eligible to enroll or
reenroll under the program under this title under
section 1866(j) until the earlier of--
``(i) the date that is 3 years after the
date on which the hospital discontinues
services or closes;
``(ii) the date on which the Secretary
determines essential health services that were
negatively impacted by the discontinuation or
closure have been restored; or
``(iii) such time as the Secretary is
satisfied with the mitigation plan submitted by
the hospital under paragraph (3) or the
alternative mitigation plan under paragraph
(4).
``(5) Annual reports.--The Secretary shall submit an annual
report to Congress on the discontinuation of services and full
closure of hospitals. Each report submitted under the preceding
sentence shall include--
``(A) a description of trends in the
discontinuation of services and closures of hospitals,
including hospital ownership type, geographic location,
types of services furnished, demographic served, and
insurance type;
``(B) an analysis of the impact of the
discontinuation of services and closures on health care
access and ability to meet surge demand due to
emergency (such as a pandemic or climate disaster);
``(C) recommendations for such administrative or
legislative changes as the Secretary determines
appropriate to preserve access to essential services
nationwide.
``(6) Definitions.--In this subsection:
``(A) Applicable hospital.--The term `applicable
hospital' means a hospital that submits a notification
under paragraph (1)(A)(i) of a discontinuation of
services or full hospital closure.
``(B) Discontinuation.--The term `discontinuation'
may include any reduction or discontinuation of
services furnished by an applicable hospital, including
those that occur as part of a merger or acquisition
agreement.
``(C) Essential services.--The term `essential
services' means, with respect to an applicable
hospital, services that are necessary for preserving
health care access (as determined by the Secretary),
including services for which the Secretary determines--
``(i) there are no equivalent services
available within the same travel time;
``(ii) that loss of the services would
result in meaningful reductions in surge
capacity that will negatively impact access to
services;
``(iii) that loss of the services would
limit health care access for specific
demographics of individuals based on sex,
sexuality, race, nationality, age, or
disability status;
``(iv) that loss of the services would have
a meaningful impact on the ability of health
systems to respond to impacts of climate
change; or
``(v) there is a health or health care-
related emergency declaration status applicable
to the surrounding geographical area of the
hospital on the date on which the hospital
submits notification under paragraph (1)(A)(i)
of a discontinuation of services or full
hospital closure.
``(D) Notification period.--The term `notification
period' means, with respect to an applicable hospital,
the period beginning on the date on which the hospital
submits notification under paragraph (1)(A)(i) of a
discontinuation of services or full hospital closure
and ending on the date of such discontinuation of
services or closure.
``(7) No preemption of state law.--Nothing in subsection
(a)(1)(Z) or this subsection shall be construed to limit any
rights or remedies under State or local law relating to
protecting access to essential services or reviewing proposed
hospital closures or reduction of services.''.
SEC. 202. EMPOWERING COMMUNITY HEALTH IN ENVIRONMENTAL JUSTICE
COMMUNITIES.
Section 10503 of the Patient Protection and Affordable Care Act (42
U.S.C. 254b-2) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking
``and'' at the end; and
(ii) by adding at the end the following:
``(G) $130,000,000,000 for the period of fiscal
years 2024 through 2028; and''; and
(B) in paragraph (2)--
(i) in subparagraph (G), by striking
``and'' at the end;
(ii) in subparagraph (H), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) $2,000,000,000 for each of
fiscals years 2024 through 2028.''; and
(2) by adding at the end the following:
``(f) Environmental Justice Communities.--The Secretary shall
ensure that not less than 50 percent of the amounts appropriated under
subsection (b) on or after 2024 are awarded to entities for use with
respect to projects or sites located in or serving environmental
justice communities (as defined in section 2 of the Green New Deal for
Health Act).
``(g) Prohibition.--No amounts made available under this section
may be used for any activity that is subject to the reporting
requirements set forth in section 203(a) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(a)).''.
TITLE III--GREEN AND RESILIENT HEALTH CARE INFRASTRUCTURE
SEC. 301. GREEN HILL-BURTON FUNDS FOR CLIMATE-READY MEDICAL FACILITIES.
(a) Grants for Construction or Modernization Projects.--
(1) In general.--Section 1610(a) of the Public Health
Service Act (42 U.S.C. 300r(a)) is amended--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``, or'' and
inserting a semicolon;
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) increase capacity to provide
essential health care and update medical
facilities to become more resilient to climate
disasters and public health crises to ensure
access and availability of quality health care
for communities in need.''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applicants whose projects
will include, by design, resilience against natural disasters,
climate change mitigation, or other necessary predisaster
adaptations to ensure continuous health care access and combat
health risks due to climate change, such as--
``(A) installation of onsite distributed generation
that combines energy-efficient devices, energy storage,
and renewable energy in accordance with modern
electrical safety standards for medical facilities to
allow the medical facility to access essential energy
during power outages and optimize use of onsite and
offsite energy sources for emissions reductions;
``(B) improving air conditioning, monitoring, and
purifying through installation of high-efficiency heat
pumps that provide both cooling and heating, air
purifiers, air filtration systems, and air quality
monitoring systems integrated with energy systems and
energy efficiency considerations in preparation for
future natural hazards and public health crises, such
as wildfire, smog, extreme heat events, and pandemics;
``(C) installation and maintenance of wetlands,
drainage ponds, and any other green infrastructure to
protect the medical facility from projected severe
effects with respect to extreme weather, natural
disasters, or climate-change-related events, including
sea-level rise, flooding, and increased risk of
wildfire;
``(D) green rooftops, walls, and indoor plantings,
particularly those that can provide publicly accessible
temperature management and air quality improvements;
``(E) tree planting and other green infrastructure
to create publicly accessible cool space to address
urban heat islands;
``(F) infrastructure upgrades that protect access
routes to the medical facility, such as long-term
flood, wildfire, and other disaster mitigation for the
roads, sidewalks, and public transit infrastructure
that service the medical facility;
``(G) the long-term maintenance of decarbonization
and zero-emissions infrastructure; and
``(H) any other type of plan or project the
Secretary determines will increase the sustainability
and resiliency of a medical facility, protect patient
health and community access during extreme weather, and
advance environmental justice.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection
$100,000,000,000 for fiscal year 2024, to remain available
until expended.''.
(2) Technical amendment.--Section 1610(b) of the Public
Health Service Act (42 U.S.C. 300r(b)) is amended by striking
paragraph (3).
(b) Medical Facility Project Applications.--
(1) In general.--Section 1621(b)(1) of the Public Health
Service Act (42 U.S.C. 300s-1(b)(1)) is amended--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) in subparagraph (K), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(L) reasonable assurance that the facility will
have adequate staffing to fulfill the community service
obligation; and
``(M) reasonable assurance that the facility--
``(i) has a collective bargaining agreement
with 1 or more labor organizations representing
employees at the facility; or
``(ii) has an explicit policy not to
interfere with the rights of employees of the
facility under section 7 of the National Labor
Relations Act.''.
(2) Application for planning grants.--Section 1621 of the
Public Health Service Act (42 U.S.C. 300s-1) is amended by
adding at the end the following:
``(c) Application for Planning Grants.--An application for a
project submitted under part A or B shall deemed to be complete for
purposes of section 302(d)(2) of the Green New Deal for Health Act, and
the application shall be deemed to have been submitted for purposes of
consideration for a planning grant under that section.''.
SEC. 302. PLANNING AND EVALUATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Medical facility.--The term ``medical facility'' means
a hospital, public health center, outpatient medical facility,
rehabilitation facility, facility for long-term care, or other
facility (as may be designated by the Secretary) for the
provision of health care to ambulatory patients.
(2) Proposed project.--The term ``proposed project'' means
a construction or modernization project proposed by an eligible
entity in a sustainability and resiliency plan.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Sustainability and resiliency plan.--The term
``sustainability and resiliency plan'' means a plan, including
comprehensive preproject evaluation, for a construction or
modernization project that would, in order to protect patient
health and community access, enhance--
(A) the sustainability of a medical facility and
infrastructure surrounding the medical facility; and
(B) the resiliency of that medical facility and
infrastructure surrounding the medical facility to
climate change and public health crises.
(b) Establishment.--The Secretary shall establish a grant program,
to be known as the ``Planning and Evaluation Grant Program'', under
which the Secretary shall make planning grants to eligible entities to
develop sustainability and resiliency plans for medical facilities
owned or operated by the eligible entity and infrastructure surrounding
the medical facilities.
(c) Eligible Entities.--To be eligible to receive a planning grant
under subsection (b), an applicant shall be--
(1) a State, Tribal government, or political subdivision of
a State or Tribal government, including any city, town, county,
borough, hospital district authority, or public or quasi-public
corporation; or
(2) a nonprofit private entity.
(d) Applications.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity seeking a planning grant under subsection (b)
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may by regulation prescribe, including--
(A) a description of the proposed project;
(B) a summary and breakdown of the demographics of
the patient population served or potentially served by
the medical facility under the proposed project,
including information on--
(i) whether the medical facility is a
facility for which a majority of the revenue
the facility receives for patient care is from
reimbursements for medical care furnished to
Medicare and Medicaid beneficiaries under
titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395 et seq. and 1396 et seq.); and
(ii) other indications that individuals
vulnerable to climate change are served or
potentially served by the medical facility;
(C) a description of the ways in which the proposed
project--
(i) will carry out 1 or more activities
described in subsection (g);
(ii) meet the needs of the community the
medical facility serves, especially the needs
of vulnerable populations; and
(iii) meet the sustainability and
resiliency needs of the medical facility due to
climate risks and hazards;
(D) a description of whether the community served
by the medical facility is an environmental justice
community;
(E) a description of the ways in which the planning
grant would be used to carry out 1 or more planning and
evaluation activities described in subsection (f);
(F) reasonable assurance that all laborers and
mechanics employed by contractors or subcontractors in
the performance of work on a project will be paid wages
at rates not less than those prevailing on similar work
in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of part
A of subtitle II of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act'') and
the Secretary of Labor shall have with respect to such
labor standards the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code; and
(G) reasonable assurance that the facility--
(i) has a collective bargaining agreement
with 1 or more labor organizations representing
employees at the facility; or
(ii) has an explicit policy not to
interfere with the rights of employees at the
facility under section 7 of the National Labor
Relations Act (29 U.S.C. 157).
(2) Additional applications.--An application submitted
under part A or B of title XVI of the Public Health Service Act
(42 U.S.C. 300q et seq. and 42 U.S.C. 300r) shall be deemed to
be a complete application submitted for purposes of
consideration for a planning grant under subsection (b).
(e) Selection.--The Secretary shall--
(1) in coordination with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, if
necessary, develop metrics to evaluate applications for
planning grants under subsection (b); and
(2) give priority to applications that focus on improving a
medical facility--
(A) for which--
(i) a majority of the revenue the facility
receives for patient care is from
reimbursements for medical care furnished to
Medicare and Medicaid beneficiaries under
titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395 et seq. and 1396 et seq.); or
(ii) a high proportion of patients is
uninsured, as determined by the Secretary; and
(B) that is located in a neighborhood or serves a
patient population that--
(i) experiences low air quality;
(ii) lacks green space;
(iii) bears higher cumulative pollution
burdens; or
(iv) is at disproportionate risk of
experiencing the adverse effects of climate
change.
(f) Planning Activities.--Planning and evaluation activities
carried out by an eligible entity using grant funds received under
subsection (b) shall include 1 or more of the following:
(1) Performing project planning, community outreach and
engagement, feasibility studies, and needs assessments of the
local community and patient populations.
(2) Performing engineering and climate-risk assessments of
the medical facility infrastructure and the access routes to
the medical facility.
(3) Providing management and operational assistance for
developing and receiving funding for the proposed project.
(4) Other planning and evaluation activities and
assessments as the Secretary determines appropriate.
(g) Proposed Projects.--Construction and modernization activities
carried out by a proposed project under a sustainability and resiliency
plan developed pursuant to a planning grant received under subsection
(b) may include--
(1) improvements to the infrastructure, buildings, and
grounds of the medical facility, including--
(A) installation of onsite distributed generation
that combines energy-efficient devices, energy storage,
and renewable energy in accordance with modern
electrical safety standards for medical facilities to
allow the medical facility to access essential energy
during power outages and optimize use of onsite and
offsite energy sources for emissions reductions; and
(B) improving air conditioning, monitoring, and
purifying through installation of high-efficiency heat
pumps that provide both cooling and heating, air
purifiers, air filtration systems, and air quality
monitoring systems integrated with energy systems and
energy efficiency considerations in preparation for
future natural hazards and public health crises such as
wildfire, smog, extreme heat events, and pandemics;
(2) green infrastructure projects, such as--
(A) installation and maintenance of wetlands,
drainage ponds, and any other green infrastructure that
would protect the medical facility from projected
severe effects with respect to extreme weather, natural
disasters, or climate-change-related events, including
sea-level rise, flooding, and increased risk of
wildfire; and
(B) green rooftops, walls, and indoor plantings,
particularly those that can provide publicly accessible
temperature management and air quality improvements;
(3) resiliency projects to secure local accessibility to
the medical facility by protecting the access routes to the
medical facility, such as--
(A) infrastructure upgrades that protect access
routes to the medical facility, such as long-term
flood, wildfire, and other disaster mitigation for the
roads, sidewalks, and public transit infrastructure
that service the medical facility; and
(B) the long-term maintenance of decarbonization
and zero-emissions infrastructure; and
(4) any other type of activity the Secretary determines
will increase the sustainability and resiliency of a medical
facility and protect patient health and community access during
extreme weather.
(h) Amount of Grant.--The total amount of a grant under subsection
(b) shall not exceed $500,000.
(i) Technical Assistance.--The Secretary, in coordination with the
Secretary of Energy, the Administrator of the Environmental Protection
Agency, and the Secretary of Transportation, if necessary, directly or
through partnerships with States, Tribal governments, and nonprofit
organizations, shall provide technical assistance to eligible entities
interested in carrying out proposed projects that--
(1) serve environmental justice communities or medically
underserved communities;
(2) demonstrate a commitment to provide job training,
apprenticeship programs, and contracting opportunities to
residents and small businesses owned by residents of the
community that the medical facility serves;
(3) identify and further community priority actions and
conduct robust community engagement; and
(4) employ nature-based solutions that focus on protection,
restoration, or management of ecological systems to safeguard
public health, provide clean air and water, increase natural
hazard resilience, and sequester carbon.
(j) Prohibition on Training Repayment.--As a condition of receiving
a grant or technical assistance under this section, an eligible entity
shall certify that the eligible entity does not use, and if the
eligible entity contracts with any staffing agency or training
provider, that such agency or provider does not use, any provision in
employment agreements, job training agreements, or apprenticeship
program agreements that would require an employee or training or
apprenticeship program participant to pay a debt if the employee or
training or apprenticeship program participant's employment or work
relationship or training period with a specified employer or business
entity is terminated.
(k) Environmental Justice Communities.--The Secretary shall ensure
that not less than 50 percent of grant funds awarded under subsection
(b) are used for sustainability and resiliency plans for proposed
projects located in environmental justice communities.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000,000
for fiscal year 2024, to remain available until expended.
TITLE IV--HEALTH CARE SECTOR DECARBONIZATION
SEC. 401. OFFICE OF SUSTAINABILITY AND ENVIRONMENTAL IMPACT.
(a) Establishment.--There is hereby established in the Centers for
Medicare & Medicaid Services an Office of Sustainability and
Environmental Impact (in this section referred to as the ``Office'') to
prepare the health care system for the impacts of climate change by
supporting health care decarbonization, sustainability, and
environmental efforts and to ensure that the health care system
minimizes and mitigates its climate harm while advancing patient health
and safety.
(b) Priority Goals.--The Office shall--
(1) collaborate with the Office of Climate Change and
Health Equity, the Environmental Protection Agency, and other
interagency committees to support a whole-of-government and
whole-of-health approach to addressing the climate crisis;
(2) develop and promulgate regulations that support
climate-informed care, support health care decarbonization and
sustainability, and mitigate the environmental impacts of the
health care system upon patients, communities, and health care
workers;
(3) develop and promulgate regulations that support patient
access to, and coverage of, climate-informed health care
services to prevent and address the health impacts of climate
change;
(4) conduct oversight of health care systems, their climate
emissions, and environmental harms and provide interagency
technical assistance in remediating such emissions and
environmental harms; and
(5) issue ``Climate-Friendly'' health system designations
and accreditations that identify health systems that
demonstrate commitment to, and substantial evidence of,
reducing emissions and environmental harm while advancing
health care quality and patient and worker safety.
(c) Director.--
(1) In general.--The Office shall be headed by a Director,
to be known as the Director of Sustainability and Environmental
Impact, who shall be appointed by the Secretary of Health and
Human Services (in this section referred to as the
``Secretary'').
(2) Functions.--The Director shall--
(A) convene stakeholders (including key health care
stakeholders) for strategic planning towards the
priority goals of the Office;
(B) advise the Secretary and the Administrator of
the Centers for Medicare & Medicaid Services in matters
of sustainability and environmental impact and the role
of the Centers for Medicare & Medicaid Services in
sustainability and environmental impact;
(C) collaborate with academic experts and community
leaders to understand and establish best practices for
decarbonizing health care operations; and
(D) develop and evaluate the Office's strategy to
tackle health care decarbonization and sustainability
and mitigating environmental impacts within the Centers
for Medicare & Medicaid Services.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, and every 2 years thereafter, the Secretary
shall submit to Congress a Health Care Sustainability and Environmental
Impact Report, which shall be prepared by the Director of
Sustainability and Environmental Impact, with appropriate assistance
from other agencies in the executive branch of the Federal Government.
Each such report shall include the following:
(1) A summary of interagency collaboration.
(2) A methodology to designate and accredit health systems
that achieve substantial reductions in emissions and
environmental harm as ``Climate-Friendly'' health systems.
(3) An inventory of ``Climate-Friendly'' designated health
systems, their strategies, challenges, and best practices for
sustainability and mitigating environmental impact, and any
significant effects of these efforts on--
(A) quality of care;
(B) patient safety;
(C) safety of health care workers and health care
facility workers;
(D) health care costs; and
(E) environmental health and overall health of the
community served.
(4) An analysis of the demographics and climate
vulnerability of patients and types of communities served by
``Climate-Friendly'' health systems.
(5) Recommendations for actions by health systems and for
Federal technical assistance and supportive resources for the
health system to achieve substantial reductions in emissions
and environmental harm in order to attain ``Climate-Friendly''
designation.
(6) A summary of oversight efforts of the Centers for
Medicare & Medicaid Services regarding emissions and
environmental impacts and payment and coverage impacts on
climate change preparedness, mitigation, and response.
(7) Recommendations for such legislation and administration
action as the Secretary determines appropriate to regulate and
promote health care sustainability, decarbonization, and
mitigate environmental impact within the health care system.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2024 through 2033.
SEC. 402. CLIMATE RISK DISCLOSURE FOR MEDICAL SUPPLIES.
Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by adding at the end the
following:
``SEC. 524C. CLIMATE RISK DISCLOSURE FOR MEDICAL SUPPLIES.
``(a) Task Force.--
``(1) In general.--The Secretary, in coordination with the
Commissioner and the Administrator of the Environmental
Protection Agency, shall establish a task force for purposes of
developing a strategy to establish climate risk disclosure
policies for manufacturers of drugs (including biological
products) and devices.
``(2) Duties.--The task force established under paragraph
(1) shall--
``(A) recommend a methodology for drug and device
manufacturers to calculate the emissions and climate
risk due to clinical use of the drug or device,
factoring in emissions from the manufacture, transport,
use, processing, reprocessing, and waste relating to
the drug or device;
``(B) recommend a policy and process for mandatory
public disclosure of emissions and climate risk
relating to drugs and devices;
``(C) recommend a policy for oversight of
disclosures to ensure accuracy and transparency of
emissions reporting as described in subparagraph (B),
and to ensure that patient safety and necessary access
is maintained;
``(D) develop methods to disseminate information to
clinicians for low environmental impact options for
clinically equivalent treatment options;
``(E) develop suggestions for the reduction of
emissions by drug and device manufacturers without
harming or risking patient safety; and
``(F) provide technical assistance and establish
partnerships to facilitate lower emissions design and
manufacture of comparable drugs and comparable devices.
``(3) Membership.--The task force established under
paragraph (1) shall be composed of the following:
``(A) 3 representatives of the Food and Drug
Administration, appointed by the Commissioner.
``(B) 3 representatives of the Environmental
Protection Agency, appointed by the Administrator of
the Environmental Protection Agency.
``(C) 3 representatives of the Office of Climate
Change and Health Equity of the Department of Health
and Human Services, appointed by the Secretary.
``(b) Regulations.--Not later than 1 year after the date of
enactment of the Green New Deal for Health Act, the Secretary shall
promulgate regulations to--
``(1) establish mandatory climate risk disclosure and
transparency policies for drugs and devices approved, licensed,
or cleared under section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service Act; and
``(2) incorporate climate risk into policies related to
transparency, labeling, and other regulatory policies related
to drugs and devices, based on the recommendations of the task
force described in subsection (a).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for fiscal year 2024,
to remain available until expended.''.
SEC. 403. GREEN HEALTH CARE MANUFACTURING.
(a) In General.--There is established a Federal interagency working
group, to be known as the ``Council on Green Health Care
Manufacturing'' (referred to in this section as the ``Council'').
(b) Membership.--The membership of the Council shall consist of--
(1) the Secretary of Health and Human Services (referred to
in this section as the ``Secretary''), who shall serve as the
Chair;
(2) the Secretary of Energy;
(3) the Secretary of Transportation;
(4) the Secretary of Labor;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Director of the Office of Climate Change and Health
Equity;
(7) the Director of Sustainability and Environmental
Impact;
(8) the Chair of the Council on Environmental Quality;
(9) the United States Trade Representative; and
(10) the heads of other Federal agencies, as determined
necessary by the Chair.
(c) Duties.--
(1) Assessment and report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Council shall
conduct an assessment of global and domestic medical
supply chains, including an assessment of--
(i) the environmental and climate impacts
of medical supply chains, including--
(I) emissions from the production,
transportation, and packaging of
medical and pharmaceutical products;
(II) chemical and other
environmental pollution;
(III) excessive energy consumption;
(IV) negative externalities
relating to waste; and
(V) any other environmental or
climate impacts the Council determines
relevant;
(ii) labor conditions for workers in the
United States and globally who produce medical
and pharmaceutical products consumed by
individuals residing in the United States,
including the degree to which such workers--
(I) are ensured a protected right
to organize;
(II) are provided adequate
workplace safety protections; and
(III) are adequately compensated;
(iii) efficiency and resiliency of
processes under medical supply chains,
including the ability of medical supply chains
to adapt to sudden shifts in demand, including
shifts in demand within discrete geographic
regions;
(iv) the reliance of the United States on
international supply chains for medical
products, including information about which
types of medical products are primarily
manufactured outside of the United States, and
where such products are manufactured; and
(v) human rights abuses in manufacturing of
medical and pharmaceutical products and
sourcing of those products, including abuses of
indigenous rights and traditions.
(B) Report.--On completion of the assessment
conducted under subparagraph (A), the Council shall
submit to Congress and make publicly available a
report, to be known as the ``Green Health Care
Manufacturing Report'', that describes the findings of
the assessment.
(2) Recommendations.--
(A) In general.--Based on the findings of the
assessment conducted under paragraph (1)(A), the
Council shall develop recommendations for regulations
that would support a medical supply chain that is--
(i) sustainable;
(ii) free of greenhouse gas emissions; and
(iii) based in the United States.
(B) Inclusions.--The proposed regulations under
subparagraph (A) shall--
(i) support good labor conditions, worker
protections, and employee rights to organize
and collectively bargain; and
(ii) ensure the global trade
competitiveness of the United States, including
by considering the comparative carbon intensity
of domestic and internationally manufactured
pharmaceuticals and medical products.
(3) Grant program.--Based on the findings of the assessment
conducted under paragraph (1)(A), the Council shall develop
recommendations for a grant program to be carried out by the
Secretary under which the Secretary would make grants for
medical manufacturing to support the development and
establishment of sustainable and zero-emission medical supply
chains based in the United States.
(d) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and
promulgate regulations to support a medical supply chain that
is--
(A) sustainable;
(B) free of greenhouse gas emissions; and
(C) based in the United States.
(2) Requirement.--The Secretary shall develop the
regulations under paragraph (1) based on the recommendations
for regulations developed by the Council under subsection
(c)(2).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
TITLE V--A HEALTH WORKFORCE TO TACKLE THE CLIMATE CRISIS
SEC. 501. EDUCATION AND TRAINING RELATING TO HEALTH RISKS ASSOCIATED
WITH CLIMATE CHANGE.
Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by inserting after section 757 the following:
``SEC. 758. EDUCATION AND TRAINING RELATING TO HEALTH RISKS ASSOCIATED
WITH CLIMATE CHANGE.
``(a) In General.--Not later than 1 year after the date of the
enactment of the Green New Deal for Health Act, the Secretary shall
establish a competitive grant program to award grants to health
professions schools to support the development and integration into
such schools of education and training programs for identifying,
treating, and mitigating mental and physical health risks associated
with climate change for whole populations and for individuals
disproportionately affected by climate change.
``(b) Application.--To be eligible for a grant under this section,
a health profession school shall submit to the Secretary an application
at such time, in such form, and containing such information as the
Secretary may require, which shall include, at a minimum, a description
of the following:
``(1) How the health profession school will engage with
frontline communities to climate change or environmental
justice communities, and stakeholder organizations representing
such communities, in developing and implementing the education
and training programs supported by the grant.
``(2) How the health profession school will engage with
individuals disproportionately affected by climate change, and
stakeholder organizations representing such individuals, in
developing and implementing the education and training programs
supported by the grant.
``(3) How the health profession school will ensure that
such education and training programs will address racial and
ethnic disparities in exposure to, and the effects of, risks
associated with climate change for individuals vulnerable to
climate change.
``(4) How the health profession school will build inclusive
career opportunities and pathways to build up and expand the
health care workforce ready to address the health burdens of
climate change.
``(c) Use of Funds.--A health profession school awarded a grant
under this section shall use the grant funds to develop, and integrate
into the curriculum and continuing education of such health profession
school, education and training on each of the following:
``(1) Identifying risks associated with climate change for
individuals disproportionately affected by climate change, with
consideration of co-morbidities and socioeconomic risk factors.
``(2) Identifying risks to reproductive health associated
with climate change for individuals disproportionately affected
by climate change.
``(3) How risks and combinations of risks associated with
climate change affect individuals disproportionately affected
by climate change and individuals with the intent to become
pregnant.
``(4) Racial and ethnic disparities in exposure to, and the
effects of, risks associated with climate change for
individuals disproportionately affected by climate change and
individuals with the intent to become pregnant.
``(5) Patient counseling and mitigation strategies relating
to risks associated with climate change for both mental and
physical health for individuals disproportionately affected by
climate change.
``(6) Relevant services and support for individuals
disproportionately affected by climate change relating to risks
associated with climate change and strategies for ensuring that
such individuals have access to such services and support.
``(7) Implicit and explicit bias, racism, and
discrimination.
``(8) Related topics identified by such health profession
school based on the engagement of such health profession school
with individuals vulnerable to climate change and stakeholder
organizations representing such individuals.
``(d) Partnerships.--In carrying out activities with grant funds, a
health profession school awarded a grant under this section may partner
with one or more of the following:
``(1) A State, local, or Tribal public health department.
``(2) A labor union organization representing workers in
health care settings.
``(3) A health care professional membership association.
``(4) A patient advocacy organization.
``(5) A community health center or organization.
``(6) A health profession school or other institution of
higher education, which may be a health profession school.
``(7) A public school or school district.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to health profession schools and partnership organizations
to assist application planning and preparation for schools and
partnerships that train individuals from, and that serve, medically
underserved communities.
``(f) Reports to Secretary.--
``(1) Annual report.--For each fiscal year during which a
health profession school receives grant funds under this
section, such health profession school shall submit to the
Secretary a report that describes the activities carried out
with such grant funds during such fiscal year.
``(2) Final report.--Not later than the date that is 1 year
after the end of the last fiscal year during which a health
profession school receives grant funds under this section, the
health profession school shall submit to the Secretary a final
report that summarizes the activities carried out with such
grant funds.
``(g) Report to Congress.--Not later than 6 years after the date on
which the program is established under subsection (a), the Secretary
shall submit to Congress and publish on the public website of the
Department of Health and Human Services a report that includes the
following:
``(1) A summary of the reports submitted under subsection
(e).
``(2) Recommendations to improve education and training
programs at health profession schools with respect to
identifying and addressing risks associated with climate change
for individuals vulnerable to climate change.
``(h) Definitions.--In this section:
``(1) Environmental justice community.--The term
`environmental justice community' has the meaning given such
term in section 2 of the Green New Deal for Health Act.
``(2) Health profession school.--The term `health
profession school' means an accredited--
``(A) medical school;
``(B) school of nursing;
``(C) midwifery program or other evidence-based
birth care training program;
``(D) physician assistant education program;
``(E) school of psychiatry, psychology, counseling,
or social work;
``(F) career and technical education health
sciences program;
``(G) public health program;
``(H) community health worker training program;
``(I) teaching hospital;
``(J) residency or fellowship program; or
``(K) other school or program determined
appropriate by the Secretary.
``(3) Individual disproportionately affected by climate
change.--The term `individual disproportionately affected by
climate change' means an individual that may face elevated
mental and physical health risks due to climate change based on
2 or more of the following factors:
``(A) Age under 5 years old or over 65 years old.
``(B) Race and ethnicity, and experience of racial
bias.
``(C) Sex, gender, and gender minority status.
``(D) Being of reproductive age.
``(E) Exposure to environmental health risks due to
living conditions or location, including current or
past experience of homelessness.
``(F) Occupation or exposure to occupational
hazards.
``(G) Household income.
``(H) Disability.
``(I) Co-morbidities.
``(J) Current or past exposure to personal or
systemic trauma, including natural disasters.
``(K) Immigration status.
``(L) Language isolation.
``(4) Medically underserved community.--The term `medically
underserved community' has the meaning given such term in
section 799B.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $9,000,000,000 for fiscal year
2024, to remain available until expended.''.
SEC. 502. BUILDING A COMMUNITY HEALTH WORKFORCE FOR THE CLIMATE CRISIS.
Section 399V of the Public Health Service Act (42 U.S.C. 280g-11)
is amended--
(1) in subsection (b)--
(A) by redesignating the paragraphs (2) through (6)
as paragraphs (4) through (8), respectively;
(B) by inserting after paragraph (1) the following:
``(2) build career paths for community health workers by--
``(A) establishing accessible, inclusive, low-cost
or no-cost training, credentialing, or apprenticeship
opportunities for community health workers to acquire
skills and expertise concerning health risks caused by
climate change and environmental hazards;
``(B) establishing accessible, inclusive, low-cost
or no-cost educational, training, credentialing, or
apprenticeship opportunities for entry into the
community health worker profession; or
``(C) expanding career advancement opportunities
and career pathways, including scholarships for
advanced or specialized training;
``(3) expand the community health workforce by establishing
permanent community health worker positions that pay, at
minimum, the prevailing wage for such workers, through long-
term, stable funding, in order to staff the medical needs of a
community sufficiently while ensuring reasonable workloads for
individual workers;'';
(C) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)(i), by inserting
``and linguistically isolated populations''
before the semicolon; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``and'' after the semicolon;
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) connecting population groups at
disproportionate risk for specific health
threats and effects from environmental hazards,
climate change, and extreme weather, such as
increased heat-related illnesses and injuries,
degraded air and water quality, vector-borne
illnesses, mental and behavioral health
effects, and food, water, and nutrient
insecurity to available resources; and'';
(D) in paragraph (7) (as so redesignated), by
striking ``and'' after the semicolon;
(E) in paragraph (8) (as so redesignated), by
striking the period at the end and inserting a
semicolon; and
(F) by adding at the end the following:
``(9) support community health workers in educating,
guiding, and providing home visitation services regarding the
assessment and mitigation of the health risks of climate
change, including geography-specific and condition-specific
risks and environmental health hazards and the cumulative
health impacts of such risks and hazards; and
``(10) provide outreach and communication to promote
preparedness and response strategies to climate change and
extreme weather.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by adding ``or''
after the semicolon; and
(iii) by adding at the end the following:
``(F) environmental justice communities (as defined
in section 2 of the Green New Deal for Health Act);'';
(B) in paragraph (3), by inserting ``and experience
training community health workers'' before the
semicolon;
(C) in paragraph (4), by striking ``and'' at the
end;
(D) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(6) have a documented collective bargaining agreement
with 1 or more labor organizations representing employees of
the applicant or have an explicit policy not to interfere with
the rights of employees of the applicant under section 7 of the
National Labor Relations Act.'';
(3) by redesignating subsections (e) through (j) as
subsections (f) through (k), respectively;
(4) by inserting after subsection (d) the following:
``(e) Workforce Expansion.--The Secretary, in consultation with the
Secretary of Labor, shall develop a plan to expand the community health
workforce by 150,000 workers by 2028 through the creation of career
pathways, full-time positions, and training opportunities described in
subsection (b).'';
(5) in subsection (j) (as so redesignated), by striking
``$50,000,000 for each of fiscal years 2023 through 2027'' and
inserting ``$10,000,000,000 for each of fiscal years 2024
through 2033''; and
(6) in paragraph (1) of subsection (k) (as so
redesignated)--
(A) by inserting ``a nonprofit community health
organization, a nonprofit community health worker
association,'' after ``a public health department,'';
and
(B) by striking ``((as defined'' and inserting
``(as defined''.
SEC. 503. SAFEGUARDING ESSENTIAL HEALTH CARE WORKERS.
The Public Health Service Act is amended by inserting after section
319D-1 (42 U.S.C. 247d-4b) the following:
``SEC. 319D-2. EMERGENCY GRANTS TO SAFEGUARD ESSENTIAL HEALTH CARE
WORKERS.
``(a) Definitions.--In this section:
``(1) Emergency or disaster.--The term `emergency or
disaster' means--
``(A) a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act;
``(B) an emergency declared by the President under
section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act;
``(C) a national emergency declared by the
President under the National Emergencies Act;
``(D) a public health emergency declared under
section 319; and
``(E) a State or local emergency or disaster, as
declared by the applicable State or local government.
``(2) Eligible health care worker.--The term `eligible
health care worker' means an essential health care worker whose
work cannot be conducted remotely.
``(3) Essential health care worker.--The term `essential
health care worker' means--
``(A) a health care provider, including a direct
care worker (as defined in section 799B);
``(B) a medical technologist;
``(C) a public health worker;
``(D) an orderly (as defined in the 2010 Standard
Occupational Classifications of the Department of Labor
under the code for Orderlies (31-1015));
``(E) an environmental service, janitorial, or
custodial worker in a health care setting; and
``(F) any other professional role that the
Secretary determines is essential to the care of
patients or the maintenance of public health.
``(b) Grants.--
``(1) In general.--The Secretary may make grants to public
or private nonprofit health care facilities and home health
agencies for use in accordance with paragraph (2).
``(2) Use of funds.--
``(A) Hazardous duty compensation.--
``(i) In general.--The recipient of a grant
under paragraph (1) shall use the grant funds
to provide hazardous duty compensation to
eligible health care workers for work performed
during the period of an emergency or disaster
in cases in which the Secretary determines
that--
``(I) the performance of the work
by the eligible health care worker for
the applicable health care facility or
home health agency is hazardous; or
``(II) the commute of the eligible
health care worker is hazardous.
``(ii) Requirement.--
``(I) In general.--Subject to
subclause (II), the amount of hazardous
duty compensation under clause (i)
shall be not more than $13 per hour,
which shall be in addition to the wages
or remuneration the eligible health
care worker otherwise receives for the
work.
``(II) Maximum amount.--The total
amount of hazardous duty compensation
received by any 1 eligible health care
worker under this subparagraph may not
exceed $25,000 per year.
``(B) Additional uses.--The recipient of a grant
under paragraph (1) may use the grant funds to provide
safety measures to safeguard and protect eligible
health care workers from hazards due to the applicable
emergency or disaster, including alternative transit
options, personal protective equipment, and other
safety measures.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.
TITLE VI--SAFE, STRONG, AND RESILIENT COMMUNITIES
Subtitle A--Empowering Resilient Community Mental Health
SEC. 601. GRANTS FOR RESILIENT COMMUNITY MENTAL HEALTH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317V the following:
``SEC. 317W. GRANT PROGRAM FOR COMMUNITY WELLNESS AND RESILIENCE
PROGRAMS.
``(a) Grants.--
``(1) Program grants.--
``(A) Awards.--The Secretary, in coordination with
the Assistant Secretary for Mental Health and Substance
Use and the Administrator of the Health Resources and
Services Administration, shall carry out a program of
awarding grants to eligible entities, on a competitive
basis, for the purpose of establishing, operating, or
expanding community mental wellness and resilience
programs.
``(B) Amount.--An eligible entity awarded a grant
under subparagraph (A) may receive not more than
$300,000 per year for not more than 4 years.
``(2) Planning grants.--
``(A) Awards.--The Secretary, in coordination with
the Assistant Secretary for Mental Health and Substance
Use and the Administrator of the Health Resources and
Services Administration, shall award grants to
entities--
``(i) to organize a resilience coordinating
network that meets the requirements of
subsection (c)(2);
``(ii) to perform assessments of need with
respect to community mental wellness and
resilience; and
``(iii) to prepare an application for a
grant under paragraph (1).
``(B) Amount.--The amount of a grant under
subparagraph (A), with respect to any resilience
coordinating network to be organized for applying for a
grant under paragraph (1), shall not exceed $100,000.
``(b) Program Requirements.--A community mental wellness and
resilience program funded pursuant to a grant under subsection (a)(1)
shall take a public health approach to mental health to strengthen the
entire community's psychological and emotional wellness and resilience,
including by--
``(1) collecting and analyzing information from residents
as well as quantitative data to identify--
``(A) protective factors that enhance and sustain
the community's capacity for mental wellness and
resilience; and
``(B) risk factors that undermine such capacity;
``(2) strengthening such protective factors and addressing
such risk factors;
``(3) building awareness, skills, tools, curricula, and
leadership in the community to--
``(A) facilitate using a public health approach to
mental health; and
``(B) heal mental health and psychosocial problems
among all adults and youth; and
``(4) developing, implementing, and continually evaluating
and improving a comprehensive strategic plan for carrying out
the activities described in paragraphs (1), (2) and (3) that
includes utilizing developmentally, linguistically, and
culturally appropriate evidence-based, evidence-informed,
promising-best, or indigenous practices for--
``(A) engaging community members in building social
connections across cultural, geographic, and economic
boundaries;
``(B) enhancing local economic and environmental
conditions and environmental resilience, including with
respect to the built environment;
``(C) becoming trauma-informed and learning simple
self-administrable mental wellness and resilience
skills;
``(D) engaging in community activities and mutual
aid networks that strengthen mental wellness and
resilience;
``(E) partaking in nonclinical group and community-
minded recovery and healing programs;
``(F) embedding trauma-informed climate education
and mental resilience curricula and programming into
schools for students, workers, and the broader
community; and
``(G) other activities to promote mental wellness
and resilience, manage climate anxiety, and heal
individual and community traumas.
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant under
subsection (a)(1), an applicant shall be a nonprofit or
community organization that has--
``(A) organized a resilience coordinating network
that meets the requirements of paragraph (2); and
``(B) been approved by such resilience coordinating
network to serve as its fiscal sponsor.
``(2) Resilience coordinating networks described.--A
resilience coordinating network organized under paragraph
(1)(A) shall be composed of 1 or more representatives of
entities from not fewer than 8 of the following categories:
``(A) Grassroots groups, neighborhood associations,
and volunteer civic organizations.
``(B) Elementary and secondary schools,
institutions of higher education including community
colleges, job-training programs, and other education or
training agencies or organizations.
``(C) Youth after-school and summer programs.
``(D) Family and early childhood education
programs.
``(E) Faith and spirituality organizations.
``(F) Senior care organizations.
``(G) Climate change mitigation and adaptation, and
environmental conservation, groups and organizations.
``(H) Social and environmental justice groups and
organizations.
``(I) Disaster preparedness and response groups and
organizations.
``(J) Local labor organizations.
``(K) Businesses and business associations.
``(L) Agencies and organizations involved with
community safety.
``(M) Social work, mental health, behavioral
health, substance use, physical health, and public
health professionals; public health agencies and
institutions; and mental health, behavioral health,
social work, and other professionals, groups,
organizations, agencies, and institutions in the health
and human services fields.
``(N) The general public, including individuals who
have experienced mental health or psychosocial problems
who can represent and engage with populations relevant
to the community.
``(d) Report.--
``(1) Submission.--Not later than December 31, 2028, the
Secretary shall submit a report to the Congress on the results
of the grants under subsection (a)(1).
``(2) Contents.--Such report shall include a summary of the
best practices used by grantees in establishing, operating, or
expanding community mental wellness and resilience programs.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance--
``(1) to assist eligible entities in developing
applications for grants under paragraph (1) or (2) of
subsection (a); and
``(2) to enable the sharing of best practices learned from
successful resilience coordinating networks.
``(f) Definitions.--In this section:
``(1) The term `community' means people, groups, and
organizations that reside in or work within a specific
geographic area, such as a city, neighborhood, subdivision,
urban, suburban, or rural locale.
``(2) The term `community trauma' means a blow to the basic
fabric of social life that damages the bonds attaching people
together, impairs their prevailing sense of community,
undermines their fundamental sense of safety, justice, equity,
and security, and heightens individual and collective fears and
feelings of vulnerability.
``(3) The term `mental wellness' means a state of well-
being in which an individual can--
``(A) realize their own potential;
``(B) constructively cope with the stresses of
life;
``(C) work productively and fruitfully; and
``(D) make a contribution to their community.
``(4) The term `protective factors' means strengths,
skills, resources, and characteristics that--
``(A) are associated with a lower likelihood of
negative outcomes of adversities; or
``(B) reduce the impact on people of toxic stresses
or a traumatic experience.
``(5) The term `psychosocial problem' means the ways in
which an individual's mental health or behavioral health
problem disturbs others such as children, families,
communities, or society.
``(6) The term `public health approach to mental health'
means methods that--
``(A) take a population-level approach to promote
mental wellness and resilience to prevent problems
before they emerge and heal them when they do appear,
not merely treating individuals one at a time after
symptoms of pathology appear; and
``(B) address mental health and psychosocial
problems by--
``(i) identifying and strengthening
existing protective factors, and forming new
ones, that buffer people from and enhance their
capacity for psychological and emotional
resilience; and
``(ii) taking a holistic systems
perspective that recognizes that most mental
health and psychosocial problems result from
numerous interrelated personal, family, social,
economic, and environmental factors that
require multipronged community-based
interventions.
``(7) The term `resilience' means that people develop
cognitive, psychological, emotional capabilities and social
connections that enable them to calm their body, mind,
emotions, and behaviors during toxic stresses or traumatic
experiences in ways that enable them to--
``(A) respond without negative consequences for
themselves or others; and
``(B) use the experiences as catalysts to develop a
constructive new sense of meaning, purpose, and hope.
``(8) The term `Secretary' means the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention.
``(9) The term `toxic stress' means exposure to persistent
overwhelming traumatic and stressful situations.
``(g) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there is authorized to be appropriated $100,000,000
for each of fiscal years 2024 through 2028.
``(2) Rural communities.--The Secretary shall award not
less than 20 percent of the amounts made available under
paragraph (1) for grants under paragraphs (1) and (2) of
subsection (a) to eligible entities that are establishing,
operating, or expanding community mental wellness and
resilience programs that are located in or serve a rural area
(as defined in section 520 of the Housing Act of 1949 (42
U.S.C. 1490)).
``(3) Environmental justice communities.--The Secretary
shall award not less than 20 percent of the amounts made
available under paragraph (1) for grants under paragraphs (1)
and (2) of subsection (a) to eligible entities that are
establishing, operating, or expanding community mental wellness
and resilience programs that serve environmental justice
communities (as defined in section 2 of the Green New Deal for
Health Act).''.
Subtitle B--Understanding and Preventing Heat Risk
SEC. 611. DEFINITIONS.
In this subtitle:
(1) Extreme heat.--The term ``extreme heat'' means heat
that substantially exceeds local climatological norms in terms
of any combination of the following:
(A) Duration of an individual heat event.
(B) Intensity.
(C) Season length.
(D) Frequency.
(2) Heat.--The term ``heat'' means any combination of the
atmospheric parameters associated with modulating human thermal
regulation, such as air temperature, humidity, solar exposure,
and wind speed.
(3) Heat event.--The term ``heat event'' means an
occurrence of extreme heat that may have heat-health
implications.
(4) Heat-health.--The term ``heat-health'' means mental and
physical health effects to humans from heat or the risk of such
effects.
(5) Planning.--The term ``planning'' means activities
performed across time scales (including days, weeks, months,
years, and decades) with scenario-based, probabilistic or
deterministic information to identify and take actions to
proactively mitigate heat-health risks from increased
frequency, duration, and intensity of heat waves and increased
ambient temperature.
(6) Preparedness.--The term ``preparedness'' means
activities performed across time scales (including days, weeks,
months, years, and decades) with probabilistic or deterministic
information to manage risk in advance of a heat event and
increased ambient temperature.
(7) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(8) Vulnerable populations.--The term ``vulnerable
populations'' means populations that face health, financial,
educational, or housing disparities that would render them more
susceptible to the negative impacts of extreme heat.
SEC. 612. STUDY ON EXTREME HEAT INFORMATION AND RESPONSE.
(a) Study.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere, in consultation with representatives
from the Department of Health and Human Services as the
Secretary of Health and Human Services considers appropriate,
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to conduct a
study on extreme heat information and response, to be completed
not later than 2 years after the date of the enactment of this
Act.
(2) Elements.--The study described in paragraph (1) shall--
(A) identify the policy, research, operations,
communications, and data gaps affecting heat-health
planning, preparedness, response, resilience, and
adaptation, and impacts to vulnerable populations;
(B) provide recommendations for addressing gaps
identified under subparagraph (A);
(C) provide recommendations, in addition to the
recommendations provided under subparagraph (B), which
may include strategies for--
(i) communicating warnings to and promoting
resilience of populations vulnerable to extreme
heat;
(ii) distributing extreme heat warnings,
including to individuals with limited English
proficiency and individuals who may have other
established barriers to such information;
(iii) designing warnings described in
clause (ii) to convey the urgency and severity
of heat events and achieve behavior changes
that reduce the mortality and morbidity of
extreme heat effects;
(iv) understanding compound and cascading
risks to inform development and implementation
of heat-health risk reduction interventions;
and
(v) promoting community resilience and
addressing specific decision support service
needs of vulnerable populations; and
(D) consider the effectiveness of country- or
local-level heat awareness and communication tools,
preparedness plans, or mitigation.
(3) Development of definitions.--In conducting the study
described in paragraph (1), the National Academies of Sciences,
Engineering, and Medicine shall work with heat and health
experts to identify consistent and agreed-upon definitions for
heat events, heat waves, and other relevant terms.
(b) Report.--Not later than 90 days after completion of the study
described in subsection (a)(1), the Under Secretary of Commerce for
Oceans and Atmosphere shall--
(1) make available to the public on an internet website of
the National Oceanic and Atmospheric Administration a report on
the findings and conclusions of the study; and
(2) submit the report to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Science, Space, and Technology
of the House of Representatives;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and the Workforce of
the House of Representatives.
SEC. 613. FINANCIAL ASSISTANCE FOR RESEARCH AND RESILIENCE IN
ADDRESSING EXTREME HEAT RISKS.
(a) Establishment of Program.--Subject to the availability of
appropriations, not later than 1 year after the date of the enactment
of this Act, the Under Secretary of Commerce for Oceans and Atmosphere
shall establish and administer a community heat resilience program to
provide financial assistance to eligible entities to carry out projects
described in subsection (e) to ameliorate the mental and physical human
health impacts of extreme heat events.
(b) Purpose.--The purpose of the financial assistance provided
under this section is to further scientific research regarding extreme
heat and fund efforts to educate communities about extreme heat.
(c) Forms of Assistance.--Financial assistance provided under this
section may be in the form of contracts, grants, or cooperative
agreements.
(d) Eligible Entities.--Entities eligible to receive financial
assistance under this section to carry out projects described in
subsection (e) include--
(1) nonprofit entities;
(2) academic institutions;
(3) States;
(4) Tribal governments;
(5) local governments; and
(6) political subdivisions of States, Tribal governments,
and local governments.
(e) Eligible Projects.--Projects described in this subsection
include projects--
(1) to expand public awareness of heat risks;
(2) to conduct heat mapping campaigns;
(3) to conduct scientific research to assess gaps and
priorities regarding the risks of extreme heat in communities;
(4) to communicate risks to isolated communities; and
(5) to educate such communities about how to respond to
extreme heat events.
(f) Priorities.--In selecting eligible entities to receive
financial assistance under this section, the Under Secretary of
Commerce for Oceans and Atmosphere shall prioritize entities that will
carry out projects that provide benefits for historically disadvantaged
communities and communities found to have the greatest risk or highest
incidence of heat-related illnesses and mortalities.
SEC. 614. AUTHORIZATION OF APPROPRIATIONS.
(a) Study on Extreme Heat Information and Response.--There is
authorized to be appropriated to the National Oceanic and Atmospheric
Administration to contract with the National Academies of Sciences,
Engineering, and Medicine to carry out section 612 $500,000 for each of
fiscal years 2024 through 2026.
(b) Financial Assistance To Address Extreme Heat.--There is
authorized to be appropriated to the National Oceanic and Atmospheric
Administration to carry out section 613 $30,000,000 for each of fiscal
years 2024 through 2028.
Subtitle C--Home Resiliency for Medical Needs
SEC. 621. MEDICARE COVERAGE OF MEDICALLY NECESSARY HOME RESILIENCY
SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (II), by striking ``and'' at
the end;
(B) in subparagraph (JJ), by inserting ``and'' at
the end; and
(C) by adding at the end the following new
subparagraph:
``(KK) in the case of an individual who is medically at
risk in the event of a climate or man-made disaster (as
determined by the Secretary in accordance with subsection
(nnn)), home resiliency services (as defined in such
subsection);''; and
(2) by adding at the end the following new subsection:
``(nnn) Home Resiliency Services; Determination of Individuals
Medically at Risk.--
``(1) Home resiliency services.--The term `home resiliency
services' means items and services--
``(A) furnished on or after January 1, 2024, to an
individual described in subsection (s)(2)(KK); and
``(B) that the Secretary determines are medically
necessary for such individual in the case of a climate
or man-made disaster, such as a heat pump for an
individual vulnerable to extreme temperatures, solar
batteries for an individual reliant on electrical
medical equipment (including home mechanical
ventilators), and energy-efficient cold storage for
heat-sensitive medical supplies.
``(2) Determination of individuals medically at risk.--For
purposes of subsection (s)(2)(KK) and this subsection, the
Secretary, in consultation with the Office of Climate Change
and Health Equity, the National Institutes of Health, the
Centers of Medicare & Medicaid Services, and the National
Oceanic and Atmospheric Administration, shall establish a
process to determine the conditions under which an individual
would be determined to be medically at risk in the event of a
disaster or climate hazards, including extreme heat, extreme
cold, flooding, and loss of power. Such a process shall
consider--
``(A) geography-specific climate risks and regional
preparedness for different climate risks;
``(B) the regional history of disaster or climate
hazards and infrastructure failure in the preceding 20
years or the forward-looking predicted risk of disaster
or climate hazards and infrastructure failure in the
next 20 years;
``(C) medical reliance on equipment,
pharmaceuticals, mobility aids, and other supplies that
are sensitive to exposure to extreme temperatures, poor
air quality, flooding and water damage, or dependent on
electrical power; and
``(D) chronic medical conditions, disabilities, and
co-morbidities that increase patient vulnerability
during disaster.''.
(b) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(HH)''; and
(2) by inserting before the semicolon at the end the
following: ``and (II) with respect to home resiliency services
described in section 1861(s)(2)(KK), the amount paid shall be
an amount equal to 100 percent of the lesser of the actual
charge for the services or the amount determined under a fee
schedule established by the Secretary''.
TITLE VII--RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH
SEC. 701. RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH
``SEC. 399OO. NATIONAL CLIMATE AND HEALTH RESEARCH AND INNOVATION
INITIATIVE.
``(a) Establishment.--The President shall establish and implement
an initiative, to be known as the `National Climate and Health Research
and Innovation Initiative' (referred to in this part as the
`Initiative'), to be carried out by the Secretary, acting through the
Assistant Secretary for Health.
``(b) Purpose.--The purpose of the Initiative is to develop the
tools, research, innovations, and understanding of climate change and
health needed to prevent, treat, and mitigate the health harms of
climate change in order to protect the collective health and well-being
of the people of the United States.
``(c) Activities.--In carrying out the Initiative, the President,
acting through the Office of Climate Change and Health Equity, the
Interagency Committee, and such agency heads as the President considers
appropriate, shall carry out activities that include the following:
``(1) Supporting research to understand, predict, and
prevent the health burdens of climate change and improve the
ability to treat health harms due to climate change,
including--
``(A) research to understand and predict the
impacts of climate change on both physical and mental
health, including disproportionate impacts based on
race, ethnicity, language, gender, sex, pregnancy
status, disability, age, location, occupation, and
immigration status;
``(B) research into, and mitigation of, adverse
mental and physical health effects of historical and
ongoing environmental racism and the subsequent
combined health risk of climate change and
environmental pollution;
``(C) research to model and predict occupational
hazards that will occur or intensify due to climate
change;
``(D) development of medical education curricula
relating to the clinical hazards of, and interventions
for, climate-change-based health burdens;
``(E) research to address climate-related housing
and community development issues, including the impact
of, and mitigation strategies for, challenges such as
isolation, low-quality housing, housing precarity, and
homelessness, and the vulnerabilities and the mental
and physical health risks those challenges present; and
``(F) research to study the social and economic
factors and policies that create healthy, resilient
communities prepared to adapt to the challenges posed
by climate change.
``(2) Supporting research and development of sustainable
and equitable health care operations and clinical practices
that reduce greenhouse gas emissions, climate risk, and
environmental health hazards, including--
``(A) research into effective models of health care
delivery--
``(i) to mitigate the impact of long-
standing climate change and environmental
hazards on health; and
``(ii) in preparation for, and in response
to, climate disasters;
``(B) research to model and predict the necessary
health care capacity surplus required to absorb both
acute and chronic surges in health care demand due to
climate-generated health burden, with attention to
geographical climate risks and patient demographic
health care needs;
``(C) the development of methods to reduce health
sector environmental pollution;
``(D) research into, and mitigation of, the
environmental impacts of hazardous substances used in
health care and the health care supply chain, including
the placement of facilities that use hazardous
substances and the proximity of those facilities to
historically marginalized communities;
``(E)(i) research and development of innovations
that shift the lifecycle of medical supplies and
devices from single use to sustainable, circular
economies, including low-environmental impact
sterilization techniques; and
``(ii) support of public-private partnerships that
enable scientific translation of those innovations;
``(F) the development of clinically equivalent and
improved, low-climate-footprint interventions and
pharmaceuticals and the study of the environmental
impacts of those interventions and pharmaceuticals to
enable high-quality, environmentally conscious clinical
decision making; and
``(G) conducting and supporting research,
development, demonstration, and commercial application
of renewable energy technologies and strategies to meet
the energy demand and energy security needs of
infrastructure critical to health care.
``(d) Termination.--The Initiative shall terminate on December 31,
2033.
``SEC. 399OO-1. INTERAGENCY COORDINATION.
``(a) In General.--Not later than 1 year after the date of
enactment of the Green New Deal for Health Act, the President shall
establish an interagency committee (referred to in this part as the
`Interagency Committee'), to coordinate the Initiative, as appropriate,
among the departments, offices, and agencies described in subsection
(b)(1).
``(b) Membership.--
``(1) In general.--The membership of the Interagency
Committee shall consist of--
``(A) 3 representatives of the Department of Health
and Human Services, which shall include--
``(i) 1 representative of the Office of
Climate Change and Health Equity; and
``(ii) 1 representative of the National
Institutes of Health;
``(B) 1 representative of the Office of Science and
Technology Policy;
``(C) 1 representative of the National Science
Foundation;
``(D) 1 representative of the Environmental
Protection Agency;
``(E) 1 representative of the Department of Energy;
``(F) 1 representative of the Department of Housing
and Urban Development; and
``(G) 1 representative of the Department of Labor.
``(2) Co-chairs.--The Interagency Committee shall be co-
chaired by the representatives described in subparagraphs
(A)(i) and (B) of paragraph (1).
``(c) Meetings.--The Interagency Committee shall meet not less
frequently than quarterly.
``(d) Duties.--The Interagency Committee shall--
``(1) provide for interagency coordination of the
activities of the Initiative;
``(2) develop a plan that describes how the departments,
offices, and agencies described in subsection (b)(1) will
collectively carry out the activities described in section
399OO(c), including--
``(A) a description of how each department, office,
and agency will execute a subset of the activities
described in that section; and
``(B) a description of collaborations across the
departments, offices, and agencies;
``(3) annually submit to Congress a report describing the
progress of the Initiative, activities of the Interagency
Committee, and policy recommendations that derive from the
results of the Initiative; and
``(4) as part of the President's annual budget request to
Congress, propose an annually coordinated interagency budget
for the Initiative to the Office of Management and Budget that
is intended to ensure that the balance of funding across the
Initiative is sufficient to meet the goals and priorities
established for the Initiative.
``SEC. 399OO-2. ADVISORY COUNCIL.
``(a) In General.--The Secretary shall establish an advisory
council (referred to in this section as the `Advisory Council') to
advise and provide recommendations to the Initiative.
``(b) Membership.--
``(1) In general.--The membership of the Advisory Council
shall consist of--
``(A) the members of the Interagency Committee; and
``(B) the non-Federal members appointed under
paragraph (2).
``(2) Appointed members.--The Secretary shall appoint the
following non-Federal members of the Advisory Council:
``(A) Not more than 4 members who are
representatives of research institutions, academic
institutions, or medical industry entities.
``(B) Not fewer than 1 member who is a
representative of a critical access hospital (as
defined in section 1861(mm)(1) of the Social Security
Act).
``(C) Not fewer than 1 member who is a
representative of a hospital that receives
disproportionate share payments under section
1886(d)(5)(F) of the Social Security Act.
``(D) Not fewer than 1 member who is a
representative of a community health center receiving
funding under section 330.
``(E) Not fewer than 1 member who is a
representative of an Indian Health Service facility
operated by an Indian tribe or tribal organization (as
defined in section 4 of the Indian Health Care
Improvement Act).
``(F) Not fewer than 1 member who is a
representative of a State, local, or Tribal department
of public health.
``(G) Not fewer than 4 members who--
``(i) are representatives of labor
organizations representing health care workers;
and
``(ii) collectively represent a diversity
of health care professions, such as workers in
environmental services, direct care workers,
nurses, and physicians.
``(H) Not fewer than 4 members who are
representatives of community-based patient advocacy or
public health advocacy organizations, each of which are
from different geographic regions of the United States.
``(3) Diverse representation.--The Secretary shall ensure
that the membership of the Advisory Council reflects the
diversity of the patient populations that are geographically
and demographically representative of the United States,
especially frontline populations and populations that are
subject to negative disparate outcomes in health.
``(4) Duties.--The Advisory Council shall advise the
President and the Secretary on matters relating to the
Initiative, including recommendations related to--
``(A) the research and innovation needs of
frontline communities, environmental justice
communities (as defined in section 2 of the Green New
Deal for Health Act), medically underserved communities
(as defined in section 799B), and individuals
vulnerable to climate change;
``(B) the current gaps and challenges in the
scientific understanding of the health impacts of
climate change and the impact of health care on
climate;
``(C) emerging research and innovation needs from
clinical practice;
``(D) whether issues of health disparities are
adequately addressed by the Initiative;
``(E) the balance of activities and funding across
the Initiative;
``(F) bottlenecks in translating research findings
into clinical advances, mitigation strategies, and
workplace safety; and
``(G) accountability and ethical use of research
funds.
``(5) Meetings.--The Advisory Council shall meet not less
frequently than annually, and such meetings shall be open to
the public.
``(6) Termination.--The Advisory Council shall terminate on
December 31, 2033.
``SEC. 399OO-3. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out section 399OO
$5,000,000,000 for each of fiscal years 2024 through 2033.''.
<all>
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118S123 | BAD IRS Activities Act | [
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"S001217",
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"sponsor"
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"Sen. Budd, Ted [R-NC]",
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] | <p> <strong>Blocking the Adverse and Dramatic Increased Reliance on Surveillance Activities Act or the BAD IRS Activities Act </strong></p> <p>This bill modifies requirements for third party settlement organizations to eliminate their reporting requirement with respect to the transactions of their participating payees unless they have earned more than $20,000 on more than 200 separate transactions in an applicable tax period. A <em>third party settlement organization</em> is the central organization that has the contractual obligation to make payments to participating payees (generally, a merchant or business) in a third party payment network. </p> <p>This reverses a provision in the American Rescue Plan Act of 2021 that lowered the reporting threshold to $600 with no minimum on the number of transactions.</p> <p>The bill rescinds unobligated funds for Internal Revenue Service enforcement activities and operations support.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 123 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 8
118th CONGRESS
1st Session
S. 123
To protect American small businesses, gig workers, and freelancers by
repealing the burdensome American Rescue Plan Act of 2021 transactions
reporting threshold, and to rescind certain funding provided to the
Internal Revenue Service under section 10301 of Public Law 117-169.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Scott of Florida (for himself, Mr. Budd, Mr. Braun, and Mr.
Johnson) introduced the following bill; which was read the first time
January 30, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To protect American small businesses, gig workers, and freelancers by
repealing the burdensome American Rescue Plan Act of 2021 transactions
reporting threshold, and to rescind certain funding provided to the
Internal Revenue Service under section 10301 of Public Law 117-169.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blocking the Adverse and Dramatic
Increased Reliance on Surveillance Activities Act'' or the ``BAD IRS
Activities Act''.
SEC. 2. REPEAL OF MODIFICATIONS OF EXCEPTIONS FOR REPORTING OF THIRD
PARTY NETWORK TRANSACTIONS.
(a) In General.--Section 6050W(e) of the Internal Revenue Code of
1986 is amended to read as follows:
``(e) Exception for De Minimis Payments by Third Party Settlement
Organizations.--A third party settlement organization shall be required
to report any information under subsection (a) with respect to third
party network transactions of any participating payee only if--
``(1) the amount which would otherwise be reported under
subsection (a)(2) with respect to such transactions exceeds
$20,000, and
``(2) the aggregate number of such transactions exceeds
200.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns for calendar years beginning after December 31, 2021.
SEC. 3. RESCISSION OF CERTAIN FUNDS FOR ENHANCED INTERNAL REVENUE
SERVICE RESOURCES.
Effective on the date of enactment of this Act, the unobligated
balances of the amounts made available under the following provisions
of Public Law 117-169 are rescinded:
(1) Internal revenue service enforcement funds.--Section
10301(1)(A)(ii).
(2) Internal revenue service operations support.--Section
10301(1)(A)(iii).
Calendar No. 8
118th CONGRESS
1st Session
S. 123
_______________________________________________________________________
A BILL
To protect American small businesses, gig workers, and freelancers by
repealing the burdensome American Rescue Plan Act of 2021 transactions
reporting threshold, and to rescind certain funding provided to the
Internal Revenue Service under section 10301 of Public Law 117-169.
_______________________________________________________________________
January 30, 2023
Read the second time and placed on the calendar
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118S1230 | Master Sergeant Roddie Edmonds Congressional Gold Medal Act | [
[
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"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
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... | <p><STRONG>Master Sergeant Roddie Edmonds Congressional Gold Medal Act</STRONG></p> <p>This bill provides for the posthumous award of a Congressional Gold Medal to Roddie Edmonds in recognition of his achievements and heroic actions during World War II. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1230 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1230
To award a Congressional Gold Medal to Master Sergeant Rodrick
``Roddie'' Edmonds in recognition of his heroic actions during World
War II.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mrs. Blackburn (for herself, Mr. Cotton, Mr. Blumenthal, Mr. Cornyn,
Mr. Heinrich, Mrs. Feinstein, Mr. Cardin, Ms. Warren, and Mr. Scott of
Florida) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal to Master Sergeant Rodrick
``Roddie'' Edmonds in recognition of his heroic actions during World
War II.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Sergeant Roddie Edmonds
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rodrick W. Edmonds (in this Act referred to as ``Roddie
Edmonds'' or ``Edmonds'') was born in 1919 in South Knoxville,
Tennessee, and graduated from Knoxville High School in 1938.
(2) Roddie Edmonds was a Master Sergeant in the United
States Army and a member of the 422nd Infantry Regiment while
serving during World War II.
(3) Roddie Edmonds landed in Europe in 1944 and fought to
the border between Belgium and Germany. In December of 1944,
while fighting in the Battle of the Bulge, Edmonds was captured
by Nazi forces and detained in Stalag IX-A, a prisoner of war
camp in Ziegenhain, Germany.
(4) Stalag IX-A was a site used to identify, segregate, and
remove Jewish soldiers from the general population of prisoners
of war and many of the Jewish soldiers who were so removed were
sent to labor camps or murdered. Members of the Armed Forces
were warned of this policy and aware that their fellow
servicemen could be at risk.
(5) As the senior noncommissioned officer in Stalag IX-A,
Master Sergeant Edmonds was responsible for 1,275 members of
the Armed Forces at the camp. Approximately 1 month after the
date on which Edmonds was detained, Edmonds was directed to
order the Jewish-American soldiers under his command to fall
out in order to separate the Jewish-American soldiers from
their fellow prisoners.
(6) Disregarding the orders of the Nazis, Roddie Edmonds
commanded all of his men to fall out and, the following
morning, all of the 1,275 members of the Armed Forces under the
command of Edmonds stood outside of their prison barracks.
(7) Upon seeing the soldiers, a German officer angrily
shouted, ``They cannot all be Jews!'', to which Edmonds
replied, ``We are all Jews here''.
(8) The German officer took out his pistol and pointed the
gun at the head of Edmonds, but Edmonds refused to identify the
Jewish soldiers. Instead, Edmonds responded, ``According to the
Geneva Convention, we only have to give our name, rank, and
serial number. If you shoot me, you will have to shoot all of
us and, after the war, you will be tried for war crimes''.
(9) The German officer turned away from Edmonds and the
other soldiers and left the scene. The actions taken by Edmonds
saved the lives of approximately 200 Jewish-American members of
the Armed Forces.
(10) Lester Tanner, a Jewish-American member of the Armed
Forces also captured during the Battle of the Bulge, witnessed
the incident and stated that, ``There was no question in my
mind, or that of Master Sergeant Edmonds, that the Germans were
removing the Jewish prisoners from the general population at
great risk to their survival. The U.S. Army's standing command
to its ranking officers in POW camps is that you resist the
enemy and care for the safety of your men to the greatest
extent possible. Master Sergeant Edmonds, at the risk of his
immediate death, defied the Germans with the unexpected
consequences that the Jewish prisoners were saved''.
(11) Edmonds survived 100 days in captivity and returned
home after the war. Later, Edmonds served the United States in
Korea as a member of the National Guard. Edmonds died in 1985,
but never told his family or anyone else of his brave actions
outside the barracks of Stalag IX-A during World War II.
(12) Edmonds was posthumously recognized by Yad Vashem, the
World Holocaust Remembrance Center in Jerusalem, as ``Righteous
Among the Nations'', the first member of the Armed Forces and 1
of only 5 people of the United States to be so recognized.
Avner Shalev, Chairman of Yad Vashem, announced the selection
of Edmonds by saying, ``Master Sergeant Roddie Edmonds seemed
like an ordinary American soldier, but he had an extraordinary
sense of responsibility and dedication to his fellow human
beings. . . . The choices and actions of Master Sergeant
Edmonds set an example for his fellow American soldiers as they
stood united against the barbaric evil of the Nazis''.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
Congress, of a gold medal of appropriate design to Roddie Edmonds in
recognition of his achievements and heroic actions during World War II.
(b) Design and Striking.--For purposes of the presentation
described in subsection (a), the Secretary of the Treasury (referred to
in this Act as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions to be determined by the
Secretary.
(c) Disposition of Medal.--Following the presentation described in
subsection (a), the gold medal shall be given to Christopher Waring
Edmonds.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
thereof, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
</pre></body></html>
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118S1231 | SAD Act | [
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"S000033"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1231 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1231
To prohibit disinformation in the advertising of abortion services, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Menendez (for himself, Ms. Warren, Mr. Merkley, Mrs. Feinstein, Mr.
Sanders, Mr. Welch, Mr. Blumenthal, Mr. Warner, Ms. Hirono, Mr. Wyden,
Mr. Booker, Mr. Markey, Mrs. Murray, and Ms. Cortez Masto) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit disinformation in the advertising of abortion services, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Antiabortion Disinformation
Act'' or the ``SAD Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Abortion services are an essential component of
reproductive health care.
(2) On June 24, 2022, in Dobbs v. Jackson Women's Health
Organization, the Supreme Court overruled Roe v. Wade,
reversing decades of precedent recognizing a constitutional
right to abortion before fetal viability and permitting
decimation of an already precarious landscape of abortion
access.
(3) The effects were immediate and disastrous. As of
January 2023, abortion is unavailable in 14 States, leaving
17.8 million women of reproductive age (ages 15 to 49) and
transgender and gender nonconforming individuals without
abortion access in the home state of such individuals.
(4) Travel time to an abortion clinic, already burdensome
under Roe, has more than tripled since the Dobbs decision, as
scores of clinics in already underserved areas have been forced
to close and more patients have been forced to travel to other
States. As distance to an abortion facility increases, so do
the accompanying burdens of time off from work or school, lost
wages, transportation costs, lodging, child care costs, and
other ancillary costs.
(5) The freedom to decide whether and when to have a child
is key to the ability of an individual to participate fully in
our democracy.
(6) Crisis pregnancy centers (CPCs) are antiabortion
organizations that present themselves as comprehensive
reproductive health care providers with the intent of
discouraging pregnant people from having abortions.
(7) According to the Journal of Medical Internet Research
(JMIR) Public Health and Surveillance, there are more than
2,500 CPCs in the United States, though some antiabortion
groups claim that the number is closer to 4,000.
(8) According to 2020 data from JMIR Public Health and
Surveillance, on average, CPCs outnumber abortion clinics
nationwide by an average of 3 to 1. In some States, this
statistic is higher. For example, The Alliance: State Advocates
for Women's Rights & Gender Equality (The Alliance) found that
in Pennsylvania, CPCs outnumber abortion clinics by 9 to 1. The
Alliance also found that in Minnesota, CPCs outnumber abortion
clinics by 11 to 1.
(9) CPCs routinely engage in a variety of deceptive
tactics, including making false claims about reproductive
health care and providers, disseminating inaccurate,
misleading, and stigmatizing information about the risks of
abortion and contraception, and using illegitimate or false
citations to imply that deceptive claims are supported by
legitimate medical sources.
(10) CPCs typically advertise themselves as providers of
comprehensive health care. However, most CPCs in the United
States do not employ licensed medical personnel or provide
referrals for birth control or abortion care.
(11) By using these deceptive tactics, CPCs prevent people
from accessing reproductive health care and intentionally delay
access to time-sensitive abortion services. The harm of these
delays is far greater in the wake of the Dobbs decision.
(12) CPCs target underresourced neighborhoods and
communities of color, including Black, Latino, Indigenous,
Asian-American, Pacific Islander, and immigrant communities, by
locating their facilities near social services centers and
comprehensive reproductive health care providers. CPCs place
advertisements in these neighborhoods that mislead and draw
people away from nearby providers that offer evidence-based
sexual and reproductive health care, including abortion care.
This exacerbates existing health barriers and delays access to
time-sensitive care.
(13) People are entitled to honest, accurate, and timely
information when seeking reproductive health care.
SEC. 3. PROHIBITION ON DISINFORMATION OF ABORTION SERVICES.
(a) Conduct Prohibited.--
(1) Prohibition.--It shall be unlawful for any person to
engage in deceptive advertising about the reproductive health
services offered by the person, including advertising that
deceptively states that the person--
(A) offers or provides contraception or abortion
services (or referrals for such contraception or
abortion services); or
(B) employs or offers access to licensed medical
personnel.
(2) Rulemaking.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, to implement
this section.
(3) Enforcement by the commission.--A violation of this
section or a regulation promulgated under this section shall be
treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Except as otherwise provided in paragraphs (4) to (6), the
Commission shall enforce this section and the regulations
promulgated under this section in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made a part of this
section. Any person who violates this section or a regulation
promulgated under this section shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(4) Nonprofit organizations.--Notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C.
44, 45(a)(2), 46) or any jurisdictional limitation of the
Commission, the Commission shall also enforce this section or a
regulation promulgated under this section, in the same manner
provided in paragraphs (1) and (3), with respect to
organizations not organized to carry on business for their own
profit or that of their members.
(5) Civil penalty.--In addition to any other penalty as may
be prescribed by law, any person who violates this section or a
regulation promulgated under this section shall be punishable
by a civil penalty that shall not exceed the greater of--
(A) $100,000; or
(B) 50 percent of the revenues earned by the
ultimate parent entity of a person during the preceding
12-month period.
(6) Independent litigation authority.--
(A) Civil action by commission.--If the Commission
has reason to believe that a person has violated this
section or a regulation promulgated under this section,
the Commission may bring a civil action in any
appropriate United States district court for any of the
following remedies:
(i) To enjoin any further such violation by
such person.
(ii) To enforce compliance with this
section or a regulation promulgated under this
section.
(iii) To obtain a permanent, temporary, or
preliminary injunction.
(iv) To obtain civil penalties.
(v) To obtain damages, restitution, or
other compensation on behalf of aggrieved
consumers.
(vi) To obtain any other appropriate
equitable relief.
(B) Exclusive authority of commission.--Except as
otherwise provided in section 16(a)(3) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(3)), the
Commission shall have exclusive authority to commence
or defend, and supervise the litigation of, any civil
action under this section and any appeal of such
action, in its own name by any of its attorneys,
designated by it for such purpose, unless the
Commission authorizes the Attorney General to do so.
The Commission shall inform the Attorney General of the
exercise of such authority, and such exercise shall not
preclude the Attorney General from intervening on
behalf of the United States in such action and any
appeal of such action as may be otherwise provided by
law.
(b) Reports.--Beginning 1 year after the date of the enactment of
this Act, and every 2 years thereafter, the Commission shall submit to
Congress a report that includes, with respect to the previous year, a
description of any enforcement action by the Commission under this Act,
any regulation promulgated under this Act, and the outcomes of such
actions.
(c) Savings Clause.--Nothing in this Act may be construed to limit
the authority of the Commission under any other provision of law.
(d) Definitions.--In this Act:
(1) Abortion services.--The term ``abortion services''
means an abortion or any medical or non-medical services
related to or provided in conjunction with an abortion, whether
or not provided at the same time or on the same day as the
abortion.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Person.--The term ``person'' has the meaning given that
term in section 551(2) of title 5, United States Code.
<all>
</pre></body></html>
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118S1232 | AIM Act | [
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"sponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
]
] | <p><strong>American Investment in Manufacturing Act or the AIM Act</strong></p> <p>This bill makes permanent the allowance for depreciation, amortization, or depletion for purposes of determining the income limitation on the tax deduction for business interest.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1232 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1232
To amend the Internal Revenue Code of 1986 to permanently extend the
allowance for depreciation, amortization, or depletion for purposes of
determining the income limitation on the deduction for business
interest.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mrs. Capito (for herself and Ms. Sinema) 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 extend the
allowance for depreciation, amortization, or depletion for purposes of
determining the income limitation on the deduction for business
interest.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Investment in Manufacturing
Act'' or the ``AIM Act''.
SEC. 2. PERMANENT EXTENSION OF ALLOWANCE FOR DEPRECIATION,
AMORTIZATION, OR DEPLETION IN DETERMINING THE LIMITATION
ON BUSINESS INTEREST.
(a) In General.--Section 163(j)(8)(A)(v) of the Internal Revenue
Code of 1986 is amended by striking ``in the case of taxable years
beginning before January 1, 2022,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2021.
<all>
</pre></body></html>
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118S1233 | A bill to amend the Consolidated Farm and Rural Development Act to modify provisions relating to rural decentralized water systems grants. | [
[
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"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1233 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1233
To amend the Consolidated Farm and Rural Development Act to modify
provisions relating to rural decentralized water systems grants.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Booker (for himself and Mrs. Capito) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Consolidated Farm and Rural Development Act to modify
provisions relating to rural decentralized water systems grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RURAL DECENTRALIZED WATER SYSTEMS GRANT PROGRAM
MODIFICATIONS.
Section 306E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e) is amended--
(1) by striking the section designation and heading and all
that follows through the end of subsection (b)(1) and inserting
the following:
``SEC. 306E. GRANTS TO NONPROFIT ORGANIZATIONS MAKING LOANS AND
SUBGRANTS FOR CONSTRUCTION, REFURBISHING, AND SERVICING
OF INDIVIDUALLY OWNED HOUSEHOLD WATER WELL SYSTEMS AND
HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS IN RURAL
AREAS.
``(a) Grants to Nonprofit Organizations.--The Secretary may provide
grants to private nonprofit organizations for the purpose of providing
subgrants and loans in accordance with subsection (b) to individuals
for the construction, refurbishing, and servicing of individual
household water well systems and individually owned household
decentralized wastewater systems in rural areas that are or will be
owned by the individuals.
``(b) Loans and Subgrants to Individuals.--
``(1) In general.--A nonprofit organization shall use grant
amounts received under subsection (a) to provide--
``(A) subgrants for use in accordance with this
section to individuals residing in the service area of
the nonprofit organization who are members of a
household with a combined income (for the most recent
12-month period for which the information is available)
that is less than 60 percent of the median
nonmetropolitan household income for the area,
according to the most recent decennial census; and
``(B) loans for use in accordance with this section
to individuals residing in the service area of the
nonprofit organization who are members of a household
with a combined income (for the most recent 12-month
period for which the information is available) that is
not less than 60 percent and not more than 100 percent
of the median nonmetropolitan household income for the
area, according to the most recent decennial census.'';
(2) in subsection (b)--
(A) in paragraph (2)(B), by striking ``$15,000''
and inserting ``$20,000''; and
(B) by adding at the end the following:
``(5) Funding to cover cost of performance warranties.--A
subgrant provided to an individual under this subsection for an
individually owned household decentralized wastewater system
may include sufficient additional funding to cover the cost of
a performance warranty with a duration of at least 5 years.'';
and
(3) in subsection (d), by striking ``2023'' and inserting
``2028''.
<all>
</pre></body></html>
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118S1234 | Broadband Buildout Accountability Act | [
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
],
[
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"cosponsor"
],
[
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],
[
"T000250",
"Sen. Thune,... | <p><strong>Broadband Buildout Accountability Act</strong></p> <p>This bill makes actions or decisions of the National Telecommunications and Information Administration concerning the Broadband Equity, Access, and Deployment Program subject to the Freedom of Information Act, which governs the release of federal documents.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1234 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1234
To apply the Freedom of Information Act to actions and decisions of the
Assistant Secretary of Commerce for Communications and Information in
carrying out the Broadband Equity, Access, and Deployment Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Scott of Florida (for himself, Mr. Sullivan, Mr. Moran, Mr. Lee,
Mr. Thune, Mr. Wicker, Mr. Young, Mrs. Blackburn, and Mr. Johnson)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To apply the Freedom of Information Act to actions and decisions of the
Assistant Secretary of Commerce for Communications and Information in
carrying out the Broadband Equity, Access, and Deployment 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 ``Broadband Buildout Accountability
Act''.
SEC. 2. APPLICABILITY OF FOIA TO THE BROADBAND EQUITY, ACCESS, AND
DEPLOYMENT PROGRAM.
Section 60102(o)(2) of the Infrastructure Investment and Jobs Act
(47 U.S.C. 1702(o)(2)) is amended by inserting after ``Act')'' the
following: ``, except for section 552 of that title (commonly referred
to as the `Freedom of Information Act')''.
<all>
</pre></body></html>
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118S1235 | Bruce's Law | [
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"B0012... | <p><strong>Bruce's Law</strong></p> <p>This bill reauthorizes certain grants through FY2027 and sets out other activities to address the dangers of fentanyl-related drug overdoses, with a particular focus on fentanyl contamination.</p> <p>Specifically, the bill (1) reauthorizes grants that are available through the White House Office of National Drug Control Policy (ONDCP) for community-based coalitions to address local drug crises, and (2) authorizes new grants for coalitions to implement education and prevention strategies in communities that face significant levels of drug overdoses related to fentanyl and other synthetic opioids. The ONDCP may delegate authority to execute the new grants to the Centers for Disease Control and Prevention.</p> <p>Additionally, the Department of Health and Human Services (HHS) must carry out a campaign to increase public awareness of the dangers of fentanyl, including the risk of fentanyl contamination in counterfeit drugs.</p> <p>The bill also establishes an interagency work group to coordinate and improve federal efforts to reduce and prevent overdoses involving fentanyl contamination in illegal drugs. Work group members include the ONDCP, HHS, the Department of Justice, and the Department of State.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1235 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1235
To establish an awareness campaign related to the lethality of fentanyl
and fentanyl-contaminated drugs, to establish a Federal Interagency
Work Group on Fentanyl Contamination of Illegal Drugs, and to provide
community-based coalition enhancement grants to mitigate the effects of
drug misuse.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Murkowski (for herself, Mrs. Feinstein, Mr. Sullivan, Ms. Hassan,
and Ms. Baldwin) introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish an awareness campaign related to the lethality of fentanyl
and fentanyl-contaminated drugs, to establish a Federal Interagency
Work Group on Fentanyl Contamination of Illegal Drugs, and to provide
community-based coalition enhancement grants to mitigate the effects of
drug misuse.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bruce's Law''.
SEC. 2. AWARENESS CAMPAIGNS.
(a) Opioid Program.--Section 102 of the Comprehensive Addiction and
Recovery Act of 2016 (Public Law 114-198) is amended--
(1) in the section heading, by inserting ``relating to
opioids'' after ``campaigns''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' after
the semicolon;
(B) in paragraph (2)(B), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(b) Additional Campaign.--Title I of the Comprehensive Addiction
and Recovery Act of 2016 (Public Law 114-198) is amended by inserting
after section 102 the following:
``SEC. 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND
FENTANYL-CONTAMINATED DRUGS.
``(a) In General.--The Secretary of Health and Human Services, in
coordination with the heads of other Federal departments and agencies,
shall, as appropriate, through a public awareness campaign, advance the
education and awareness of the public (including school-aged children,
youth, parents, first responders, and providers) and other appropriate
entities regarding the risk of counterfeit drugs being contaminated
with fentanyl and the dangers of fentanyl lethality.
``(b) Topics.--The education and awareness campaigns under
subsection (a) shall address--
``(1) the dangers of using drugs which may be contaminated
with fentanyl;
``(2) the prevention of drug abuse, including through safe
disposal of prescription medications and other safety
precautions; and
``(3) the detection of early warning signs of addiction in
school-aged children and youth.
``(c) Other Requirements.--The education and awareness campaigns
under subsection (a) shall, as appropriate, take into account any
association between prescription drug misuse, heroin use, and drugs
contaminated by fentanyl.
``(d) Drug Defined.--In this section, the term `drug' means an
illicit drug, such as marijuana, hashish, cocaine (including crack
cocaine), inhalants, hallucinogens, heroin, a synthetic opioid,
methamphetamine or other stimulant, a counterfeit prescription drug, or
a prescription drug that is sold illegally.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 2024 through 2028 such sums as may be
necessary to carry out this section.''.
SEC. 3. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION OF
ILLEGAL DRUGS.
Title I of the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198), as amended by section 2(b), is further amended by
inserting after section 102A the following:
``SEC. 102B. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION
OF ILLEGAL DRUGS.
``(a) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the `Secretary') shall establish the
Federal Interagency Work Group on Fentanyl Contamination of Illegal
Drugs (referred to in this section as the `Work Group').
``(b) Membership; Consultation.--
``(1) Composition.--Not later than 120 days after the date
of enactment of Bruce's Law, the heads of the Office of
National Drug Control Policy, the Substance Abuse and Mental
Health Services Administration, the Administration for Children
and Families, the Centers for Disease Control and Prevention,
the Department of Justice, the Drug Enforcement Administration,
the Department of State, the Department of Education, and other
Federal agencies (as determined by the Secretary) shall
designate representatives of the respective agency or office to
the Work Group.
``(2) Consultation.--The Work Group shall consult with--
``(A) experts at the State, Tribal, and local
levels with relevant backgrounds in reducing,
preventing, and responding to drug overdose by fentanyl
contamination of illegal drugs;
``(B) family members of adults who have overdosed
by fentanyl-contaminated illegal drugs;
``(C) family members of school-aged children and
youth who have overdosed by fentanyl-contaminated
illegal drugs;
``(D) researchers and other experts in the design
and implementation of effective drug-related messaging
and prevention campaigns; and
``(E) technology companies.
``(c) Duties.--The Work Group shall--
``(1) examine all Federal efforts directed towards reducing
and preventing drug overdose by fentanyl-contaminated illegal
drugs;
``(2) identify strategies, resources, and supports to
improve State, Tribal, and local responses to overdose by
fentanyl-contaminated illegal drugs;
``(3) make recommendations to Congress for improving
Federal programs and efforts and coordination across such
programs and efforts to reduce and prevent drug overdose by
fentanyl-contaminated illegal drugs; and
``(4) make recommendations for educating youth on the
dangers of drugs contaminated by fentanyl.
``(d) Annual Report to Secretary.--The Work Group shall annually
prepare and submit to the Secretary, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Education and Labor of the House of Representatives, a report on the
activities carried out by the Work Group under subsection (c),
including recommendations to reduce and prevent drug overdose by
fentanyl contamination of illegal drugs, in all populations, and
specifically among youth at risk for substance misuse.''.
SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL
DRUG CRISES.
Section 103(i) of the Comprehensive Addiction and Recovery Act of
2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021''
and inserting ``2023 through 2027''.
SEC. 5. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH
ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER
SYNTHETIC OPIOIDS.
Title I of the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) is amended by inserting after section 103 the
following:
``SEC. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE
YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR
OTHER SYNTHETIC OPIOIDS.
``(a) Program Authorized.--The Director of the Office of National
Drug Control Policy (referred to in this section as the `Director'), in
coordination with the Director of the Centers for Disease Control and
Prevention, may make grants to eligible entities to implement education
of the public on the dangers of contamination of drugs with fentanyl or
other synthetic opioids.
``(b) Application.--
``(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Director at
such time, in such manner, and accompanied by such information
as the Director may require.
``(2) Criteria.--As part of an application for a grant
under this section, the Director shall require an eligible
entity to submit a detailed, comprehensive, multisector plan
for addressing the implementation of an evidence-based public
education campaign on the dangers of drugs contaminated with
fentanyl or other synthetic opioids, with a specific
consideration given to education focused on youth at increased
risk for developing a substance use disorder.
``(3) Eligible entities.--For purposes of this section, the
term `eligible entity' means an entity that--
``(A) has documented, using local data, rates of
drug overdose related to fentanyl or other synthetic
opioids at levels that are significant, as determined
by the Director; and
``(B) has received a grant under the Drug-Free
Communities Act of 1997.
``(c) Use of Funds.--An eligible entity shall use a grant received
under this section--
``(1) for programs designed to implement comprehensive
community-wide prevention strategies to address the dangers of
drugs contaminated with fentanyl or other synthetic opioids, in
the area served by the eligible entity, in accordance with the
plan submitted under subsection (b)(2);
``(2) to obtain specialized training and technical
assistance from the organization funded under section 4 of
Public Law 107-82 (21 U.S.C. 1521 note); and
``(3) for programs designed to implement comprehensive
community-wide strategies to address the dangers of drugs
contaminated with fentanyl or other synthetic opioids in the
community.
``(d) Supplement Not Supplant.--An eligible entity shall use
Federal funds received under this section only to supplement the funds
that would, in the absence of those Federal funds, be made available
from other Federal and non-Federal sources for the activities described
in this section, and not to supplant those funds.
``(e) Evaluation.--A grant under this section shall be subject to
the same evaluation requirements and procedures as the evaluation
requirements and procedures imposed on the recipient of a grant under
the Drug-Free Communities Act of 1997, and may also include an
evaluation of the effectiveness at reducing the use of illicit fentanyl
or other synthetic opioids.
``(f) Limitation on Administrative Expenses.--Not more than 12
percent of the amounts made available to carry out this section for a
fiscal year may be used to pay for administrative expenses.
``(g) Delegation Authority.--The Director may enter into an
interagency agreement with the Director of the Centers for Disease
Control and Prevention to delegate authority for the execution of
grants and for such other activities, as the Director determines
necessary to carry out this section.
``(h) Definition.--In this section, the term `drug' means an
illicit drug, such as marijuana, hashish, cocaine (including crack
cocaine), inhalants, hallucinogens, heroin, a synthetic opioid,
methamphetamine or other stimulant, a counterfeit prescription drug, or
a prescription drug that is sold illegally.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2024 through 2028.''.
<all>
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118S1236 | Improving Mental Health Access for Students Act | [
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
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] | <p><strong>Improving Mental Health Access for Students Act</strong></p> <p>This bill requires institutions of higher education (IHEs) that participate in federal student-aid programs to share contact information for suicide prevention resources with students. </p> <p>If IHEs distribute student identification cards, then they must include on the cards phone numbers for the National Suicide Prevention Lifeline, the Crisis Text Line, and a campus mental-health center or program.</p> <p>If IHEs do not create such cards, then they must publish the numbers on their websites.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1236 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1236
To add suicide prevention resources to school identification cards.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 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 add suicide prevention resources to school identification cards.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Mental Health Access for
Students Act''.
SEC. 2. ADDING SUICIDE PREVENTION CONTACT INFORMATION TO SCHOOL
IDENTIFICATION CARDS.
(a) In General.--Section 487(a) of the Higher Education Act of 1965
(20 U.S.C. 1094(a)) is amended by adding at the end the following:
``(30)(A) In the case of an institution that creates and
distributes identification cards for students at any time after
the date of enactment of this paragraph, such institution shall
include phone contact information on each such card for the
following organizations:
``(i) The National Suicide Prevention Lifeline.
``(ii) Crisis Text Line.
``(iii) A campus mental health center or program,
as determined by the institution.
``(B) In the case of an institution that does not create
and distribute identification cards for students at any time
after the date of enactment of this paragraph, such institution
shall publish the suicide prevention contact information
specified in subparagraph (A) on the website of such
institution.
``(C) If an organization in clause (i) or (ii) of
subparagraph (A) ceases to exist, the Secretary may designate a
different entity with a similar purpose to be included on the
identification card.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect beginning on the day that is 1 year after the date of
enactment of this Act.
<all>
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118S1237 | Family Farm and Small Business Exemption Act | [
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[
"R000618",
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[From the U.S. Government Publishing Office]
[S. 1237 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1237
To restore the exemption of family farms and small businesses from the
definition of assets under title IV of the Higher Education Act of
1965.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Ernst (for herself, Mr. Tester, Mr. Grassley, Ms. Lummis, Mr.
Ricketts, Mr. Moran, 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 restore the exemption of family farms and small businesses from the
definition of assets under title IV of the Higher Education Act of
1965.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm and Small Business
Exemption Act''.
SEC. 2. EXEMPTING FAMILY FARMS AND SMALL BUSINESSES FROM ASSETS UNDER
THE HIGHER EDUCATION ACT OF 1965.
(a) In General.--Section 480(f)(2) of the Higher Education Act of
1965 (20 U.S.C. 1087vv), as amended by section 702(l)(2) of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-260; 134
Stat. 3163), is further amended--
(1) by striking ``net value of the'' and inserting the
following: ``net value of--
``(A) the'';
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(B) a family farm on which the family resides; or
``(C) a small business with not more than 100 full-
time or full-time equivalent employees (or any part of
such a small business) that is owned and controlled by
the family.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the FAFSA Simplification Act (title VII
of division FF of Public Law 116-260) and subject to the effective date
of section 701(b) of such Act, as amended by section 102(a) of the
FAFSA Simplification Act Technical Corrections Act (division R of
Public Law 117-103) (including the authorization provided under section
102(c)(1)(A) of such Act).
<all>
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118S1238 | Invasive Species Prevention and Forest Restoration Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1238 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1238
To amend the Plant Protection Act for purposes of mitigating the threat
of invasive species, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Welch (for himself, Mr. Braun, and Ms. Hassan) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Plant Protection Act for purposes of mitigating the threat
of invasive species, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invasive Species Prevention and
Forest Restoration Act''.
SEC. 2. EMERGENCY AUTHORITY WITH RESPECT TO INVASIVE SPECIES.
Section 442 of the Plant Protection Act (7 U.S.C. 7772) is
amended--
(1) in subsection (a), by inserting ``directly or
indirectly'' before ``threatens'';
(2) in subsection (b)--
(A) by striking ``shall remain'' and inserting the
following: ``shall--
``(1) remain'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(2) be transferred not later than 60 days after the date
on which the Secretary determines that there is an emergency
described in subsection (a).'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Emergency Determination.--In determining whether there is an
emergency described in subsection (a), the Secretary shall consider,
but shall not treat as a dispositive factor, whether there are
sufficient Federal funds available to timely achieve the arrest,
control, eradication, or prevention of the spread of the applicable
plant pest or noxious weed.''.
SEC. 3. FOREST RECLAMATION GRANTS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by
adding at the end the following:
``SEC. 1473I. FOREST RECLAMATION GRANTS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means
any of the following:
``(A) A Federal agency.
``(B) A State cooperative institution.
``(C) A college or university offering a
baccalaureate or higher degree in the study of food,
forestry, and agricultural sciences.
``(D) 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.
``(2) Noxious weed; plant pest.--The terms `noxious weed'
and `plant pest' have the meanings given those terms in section
403 of the Plant Protection Act (7 U.S.C. 7702).
``(b) Grant Awards.--For purposes of addressing the critical threat
to numerous tree species posed by nonnative plant pests and noxious
weeds, the Secretary shall award competitive grants to eligible
entities under which the eligible entities shall--
``(1) conduct research to promote the restoration of
affected tree species, including research on--
``(A) biological control of nonnative plant pests
or noxious weeds threatening or heavily damaging native
tree species;
``(B) exploration of genetic manipulation of plant
pests or noxious weeds;
``(C) enhancement of pest-resistance mechanisms of
hosts; and
``(D) development of other strategies for restoring
individual tree species; and
``(2) develop, and disseminate to the public, tools and
information based on the research conducted under paragraph
(1).
``(c) Applications.--An eligible entity seeking to receive a grant
under this section shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including a description of a comprehensive forest
restoration research program to be carried out by the eligible entity
using the funds received through the grant.
``(d) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant
under this section shall use the funds received through the
grant to conduct research intended to address specific
questions relating to the recovery of tree species that are
native to the United States and suffering severe levels of
mortality caused by nonnative plant pests or noxious weeds.
``(2) Matching requirement.--
``(A) In general.--An eligible entity receiving a
grant under this section shall provide matching funds
from non-Federal sources in an amount equal to not less
than 20 percent of the grant.
``(B) Indirect costs.--
``(i) In general.--Indirect costs charged
against a grant awarded under this section
shall not exceed 30 percent of the total
Federal funds provided under the grant award.
``(ii) Inclusions.--Indirect costs
described in clause (i) shall include--
``(I) equipment used in relation to
the grant;
``(II) capital improvements of
facilities that are necessary to carry
out the grant;
``(III) accounting costs, personnel
costs, and administrative costs
incurred by an eligible entity
necessary to carry out the grant; and
``(IV) such other costs as the
Secretary determines to be appropriate.
``(3) Maximum amount of grants.--An eligible entity may not
receive more than a total of $400,000 per year in grant funding
under this section.
``(e) Cooperation Among Eligible Entities.--To the maximum extent
practicable, the Secretary shall encourage eligible entities to
cooperate in setting research priorities under this section.
``(f) Committees.--In carrying out this section, the Secretary
shall--
``(1) establish a committee of experts composed of
representatives of the Forest Service, the Animal and Plant
Health Inspection Service, the Agricultural Research Service,
and State forestry agencies to advise the Secretary on criteria
appropriate for--
``(A) defining research topics eligible for funding
under this section;
``(B) reviewing the adherence of grant proposals to
the purposes described in subsection (b)(1); and
``(C) membership in scientific peer review panels
to review grant applications under this section; and
``(2) establish an advisory committee composed of
representatives of land-grant colleges and universities and
affiliated State agricultural experiment stations, the forest
products industry, recreationists, and professional forester,
conservation, and conservation scientist organizations to
assist the committee of experts established under paragraph (1)
with respect to the responsibilities of that committee
described in subparagraphs (A), (B), and (C) of that paragraph.
``(g) Reports.--Not later than 1 year after the date on which the
first grant is awarded under this section, and annually thereafter, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the use of funds under this
section in the previous year.
``(h) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section--
``(1) $3,000,000 for fiscal year 2023;
``(2) $5,000,000 for fiscal year 2024;
``(3) $8,000,000 for fiscal year 2025; and
``(4) $10,000,000 for fiscal year 2026.''.
SEC. 4. FOREST RESTORATION IMPLEMENTATION GRANTS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) (as amended by
section 3) is amended by adding at the end the following:
``SEC. 1473J. FOREST RESTORATION IMPLEMENTATION GRANTS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means
any of the following:
``(A) A cooperating forestry school.
``(B) A land-grant college or university.
``(C) A State agricultural experimental station.
``(D) 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.
``(2) Noxious weed; plant pest.--The terms `noxious weed'
and `plant pest' have the meanings given those terms in section
403 of the Plant Protection Act (7 U.S.C. 7702).
``(b) Grant Awards.--The Secretary may award grants on a
competitive basis under this section to eligible entities to support--
``(1) the implementation of research conducted under
section 1473I; or
``(2) any other solution that the committee established
under subsection (f)(1) of that section determines to be
effective in restoring forest tree species native to forests in
the United States that have suffered severe levels of mortality
caused by nonnative plant pests or noxious weeds.
``(c) Application.--An eligible entity seeking to receive a grant
under this section shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including a demonstration that the eligible entity has a
program in effect with a forest restoration strategy that incorporates
a majority of the following components:
``(1) Collection and conservation of native tree genetic
material.
``(2) Production of propagules of native trees in numbers
large enough for landscape-scale restoration.
``(3) Preparation of planting sites in former habitats of
the native tree species that are the subjects of the
application.
``(4) Planting of native tree seedlings.
``(5) Post-planting maintenance of native trees.
``(d) Selection Criteria.--The Secretary shall select an eligible
entity to receive a grant under this section based on the degree to
which the application submitted by the eligible entity under subsection
(c) addresses the following criteria:
``(1) The risk posed to the forests of the State in which
the work is to be conducted using funding received through the
grant by nonnative plant pest or noxious weed species present
in the State.
``(2) The proportion of the forest land of the State
composed of species vulnerable to nonnative plant pests or
noxious weeds present in the United States.
``(3) The rate of spread in the State, through natural or
human-assisted means, of nonnative plant pests or noxious
weeds.
``(4) The environmental and public health safety of the
project proposed to be conducted using funding received through
the grant, as demonstrated by supporting research.
``(e) Matching Requirement.--
``(1) In general.--An eligible entity receiving a grant
under this section shall provide matching funds from non-
Federal sources in an amount equal to not less than 10 percent
of the grant.
``(2) Indirect costs.--
``(A) In general.--Indirect costs charged against a
grant awarded under this section shall not exceed 30
percent of the total Federal funds provided under the
grant award.
``(B) Inclusions.--Indirect costs described in
subparagraph (A) shall include--
``(i) equipment used in relation to the
grant;
``(ii) capital improvements of facilities
that are necessary to carry out the grant;
``(iii) accounting costs, personnel costs,
and administrative costs incurred by an
eligible entity necessary to carry out the
grant; and
``(iv) such other costs as the Secretary
determines to be appropriate.
``(f) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$25,000,000 for each of fiscal years 2023 through 2026.
``(2) Limitation.--Of the funds made available under
paragraph (1) for a fiscal year, not more than 5 percent may be
used by the Secretary for expenses relating to the
administration of this section.''.
SEC. 5. STUDY ON PROTECTION OF FORESTS FROM NONNATIVE PLANT PESTS AND
PATHOGENS.
(a) Findings.--Congress finds that--
(1) many Federal agencies have important roles to play in
addressing nonnative plant pests and pathogens in the
stewardship and management of forests by those Federal
agencies;
(2) because of a lack of national policy, nonnative plant
pests and pathogens of forests are a low priority for all
Federal agencies; and
(3) efforts to prevent the introduction and spread of
nonnative plant pests and pathogens, and especially to reduce
the resulting damage and restore tree species to forests, lack
coordination and action.
(b) Study.--
(1) In general.--The Secretary of Agriculture (referred to
in this section as the ``Secretary'') shall seek to enter into
an agreement (referred to in this section as the ``Agreement'')
with the National Academy of Sciences, or another
nongovernmental entity that the Secretary determines to be most
appropriate, under which the National Academy of Sciences or
other entity, as applicable, not later than 1 year after the
date of enactment of this Act, shall conduct, and submit to
Congress a report describing the results of, a study to analyze
the available resources that Federal agencies have to research,
and find solutions to, nonnative plant pests and pathogens.
(2) Recommendations.--The report submitted pursuant to
paragraph (1) shall include recommendations--
(A) with respect to--
(i) establishing a national policy to
effectively counter the threat posed by
nonnative pests and disease pathogens to tree
species, including preventing the introduction
and spread of those pests and pathogens,
minimizing the damage caused by those pests and
pathogens, and restoring affected tree species
to the forest;
(ii) improving coordination and cooperation
among Federal agencies with responsibility for
management and repair of the decimation of tree
species affected by nonnative pests and disease
pathogens and associated ecological
destruction;
(iii) addressing the low prioritization by
the Federal agencies described in clause (ii)
of nonnative plant pests and pathogens
affecting forests and trees;
(iv)(I) identifying expertise and site and
facility resources within the Federal agencies
described in clause (ii); and
(II) improving coordination among those
agencies with respect to the management and
repair described in clause (ii), including
coordination with academic institutions and
other appropriate nonprofit organizations;
(v) the establishment of a center for
nonnative forest pest control, prevention, and
species restoration within the Department of
Agriculture, including potential organizational
structures of such a center, with an emphasis
on including representation of a wide variety
of appropriate agencies within the center,
including the Animal and Plant Health
Inspection Service, the Agriculture Research
Service, the National Institute of Food and
Agriculture, the Natural Resources Conservation
Service, the Forest Service, and any other
agency that the Secretary determines is
appropriate; and
(vi)(I) giving priority to the emergency
response of the Department of Agriculture to an
emergency relating to nonnative pests and
disease pathogens;
(II) clarifying the coordination of the
Department of Agriculture with other Federal
agencies in responding to those emergencies;
and
(III) identifying funding levels sufficient
to carry out responses to those emergencies;
and
(B) that--
(i) take into account existing Federal
resources; and
(ii) may be implemented through further
legislative and administrative action.
(3) Consultation.--The Agreement shall require the National
Academy of Sciences or other entity, as applicable, to consult
with specialists in entomology, genetics, forest pathology,
tree breeding, forest and urban ecology, and invasive species
management.
<all>
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118S1239 | No Child Left Inside Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1239 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1239
To promote environmental literacy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Reed (for himself, Ms. Collins, and Mr. Merkley) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To promote environmental literacy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Inside Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hands-on experiences in nature help build stronger,
smarter, and happier children.
(2) Children and young adults are increasingly disconnected
from the natural world around them, spending less time outside
playing, exploring, and learning.
(3) Quality education for students includes regular
opportunities to make connections outside of the classroom.
(4) Environmental education, when integrated across the
curriculum, has positive impacts on the development of
important skills, such as critical thinking, problem solving,
and citizenship and leadership skills.
(5) Every student should have the opportunity to
participate in residential outdoor education programs or
comparable outdoor education programs.
(6) Outdoor and environmental education programs have been
shown to build critical thinking skills and leadership skills,
and can improve student attendance and retention rates.
(7) Colleges, universities, and higher education
associations play a critical role in cultivating the next
generation of scientists, engineers, educators, planners, and
business leaders for 21st century careers in the public and
private sectors.
(8) Environmental education, as part of the formal
prekindergarten through grade 12 school curriculum, has
positive impacts on student achievement in all subjects, and
especially in science, reading, mathematics, and social
studies, and improves critical thinking skills, enthusiasm for
learning, stewardship, and healthy lifestyles.
(9) The Partnership for 21st Century Learning identified
environmental literacy as one of the key interdisciplinary
themes critical to helping students to acquire the skills,
knowledge, and expertise necessary to succeed in work and life.
(10) The Programme for International Student Assessment
(PISA) rankings find that the United States is falling behind
other nations in preparing students with the educational tools
necessary to compete for the growing opportunities in the
sciences, including careers related to the environment, natural
resources, and energy.
(11) Forty-six States have developed, or are in the process
of developing, environmental literacy plans to effectively
integrate environmental education into the prekindergarten
through grade 12 curriculum and to ensure that students
graduate from high school environmentally literate.
(12) Support from the Department of Education is needed to
help State and local educational agencies, and the partners of
such agencies, implement environmental literacy plans and
advance State curriculum frameworks for environmental and
natural resource education that meets new State academic
content and student achievement standards.
(13) Federal science agencies, natural resource agencies,
and other agencies have important resources, including Federal
lands and laboratories, content experts, data, and programs,
that can inform and support State and local environmental
literacy policies and programming.
SEC. 3. ENVIRONMENTAL LITERACY.
Title IV (20 U.S.C. 7101 et seq.) of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``PART G--ENVIRONMENTAL LITERACY
``SEC. 4701. DEFINITIONS.
``In this part:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that includes a local
educational agency and not less than 1 of the following
partners:
``(A) A Federal, State, regional, or local
environmental or natural resource management agency, or
parks and recreation department, that has demonstrated
effectiveness, expertise, and experience in the field
of environmental literacy, including the professional
development of teachers.
``(B) A nonprofit organization that has
demonstrated effectiveness, expertise, and experience
in the field of environmental literacy, including the
professional development of teachers, such as--
``(i) museums, as defined in section 273 of
the Museum and Library Services Act (20 U.S.C.
9172);
``(ii) a teacher preparation program at an
institution of higher education;
``(iii) the environmental or life sciences
department of an institution of higher
education;
``(iv) another local educational agency, a
public charter school, a public elementary
school or secondary school, or a consortium of
such schools;
``(v) nature centers; or
``(vi) organizations with environmental
education programming.
``(2) Environmental literacy.--The term `environmental
literacy' means--
``(A) a fundamental understanding of ecological
principles, the systems of the natural world, the
relationships and interactions between natural and man-
made environments, and the skills to apply such
understanding in real-world settings; and
``(B) having the ability, both individually and
together with others, to make informed decisions
concerning the environment, having the will to act on
those decisions to improve the well-being of other
individuals, societies, and the global environment, and
participating in civic life.
``(3) Environmental literacy plan.--The term `environmental
literacy plan' means a plan developed, approved, or sponsored
by a State educational agency in consultation with State
environmental agencies, State environmental education
associations, and State natural resource agencies, and with
input from the public, that--
``(A) prepares students to understand ecological
principles, the systems of the natural world, and the
relationships and interactions between natural and man-
made environments, and to apply such knowledge in real-
world settings;
``(B) provides field and hands-on experiences as
part of the regular school curriculum and creates
programs that contribute to healthy lifestyles through
outdoor recreation and sound nutrition;
``(C) provides environmental service learning
opportunities;
``(D) provides targeted professional development
opportunities for teachers that improve--
``(i) environmental and natural resource
content knowledge of teachers;
``(ii) pedagogical skills in teaching about
the environment, including the use of--
``(I) interdisciplinary, field-
based, and research-based learning; and
``(II) science, technology,
engineering, and mathematics content
knowledge and tools; and
``(iii) the ability and confidence to use
school buildings and grounds as a context for
learning;
``(E) describes the measures the State will use to
assess the environmental literacy of students,
including--
``(i) relevant State academic content
standards and content areas regarding
environmental education, and courses or
subjects where environmental education
instruction will be integrated throughout the
prekindergarten through grade 12 curriculum;
and
``(ii) a description of the relationship of
the plan to the secondary school graduation
requirements of the State;
``(F) describes the outdoor learning spaces the
State makes available to local educational agencies;
``(G) describes how the State educational agency
will implement the plan, in partnership with
nongovernmental organizations, Federal agencies, State
environmental agencies, State environmental education
associations, State natural resource agencies, and
local educational agencies, including how the State
educational agency will secure funding and other
necessary support;
``(H) is periodically updated by the State
educational agency not less often than every 5 years;
``(I) utilizes school buildings and grounds as a
context for learning;
``(J) describes teacher professional development
needs; and
``(K) develops and describes a plan to adopt best
management practices for early childhood environmental
education, including guidelines for time outdoors,
outdoor space design, and learning context.
``(4) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A) with respect to which not less than 20
percent of the children served by the agency are
children from low-income families;
``(B) that serves not fewer than 10,000 children
from low-income families;
``(C) that meets the eligibility requirements for
funding under section 5211(b); or
``(D) that meets the eligibility requirements for
funding under section 5221(b).
``(5) High-need school.--The term `high-need school' means
a public elementary school or secondary school that is located
in an area in which the percentage of students from families
with incomes below the poverty line is 30 percent or more.
``(6) Outdoor school education program.--The term `outdoor
school education program' means a multi-day educational program
that delivers outdoor hands-on learning experiences, and that--
``(A) addresses community needs and contexts;
``(B) takes place in a residential or day program
setting;
``(C) provides field study opportunities for
students;
``(D) is integrated with local school curricula and
support students in meeting State standards; and
``(E) provides students with opportunities to
develop leadership, critical thinking, and problem-
solving skills.
``SEC. 4702. GRANTS FOR IMPLEMENTATION OF ENVIRONMENTAL LITERACY PLANS.
``(a) Program Authorized.--From amounts appropriated to carry out
this section, the Secretary shall award grants to States to enable the
States to award subgrants, on a competitive basis, to eligible
partnerships to support the implementation of the State environmental
literacy plan.
``(b) Application.--
``(1) In general.--A State that desires a grant under this
section shall submit an application to the Secretary, at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Contents.--Each application under this subsection
shall--
``(A) include the State's environmental literacy
plan and information on the status of implementation of
such plan;
``(B) describe how funds received under this
section will assist the State in furthering the
implementation of the State's environmental literacy
plan;
``(C) describe the process the State will use to
make subgrants to eligible partnerships; and
``(D) describe the process the State will use to
evaluate the impact of the activities assisted under
this section.
``(c) Peer Review.--The Secretary shall--
``(1) establish a peer review process to assist in the
review of grant applications under this section;
``(2) appoint individuals to the peer review process who--
``(A) are representative of parents, teachers,
State educational agencies, State environmental
agencies, State natural resource agencies, local
educational agencies, and nongovernmental
organizations; and
``(B) are familiar with national environmental
issues and the health and educational needs of
students; and
``(3) include, in the peer review process, appropriate
representatives from the Department of Commerce, the Department
of the Interior, the Department of Energy, the Environmental
Protection Agency, and other appropriate Federal agencies, to
provide environmental expertise and background for evaluation
of the State environmental literacy plan.
``(d) Administrative Expenses.--A State receiving a grant under
this section may use not more than 2.5 percent of the grant funds for
administrative expenses.
``(e) State Educational Agency Report.--
``(1) In general.--Each State receiving a grant under this
section shall prepare and submit an annual report to the
Secretary containing information about--
``(A) the implementation of the environmental
literacy plan; and
``(B) the grant activities supported under this
section.
``(2) Report requirements.--The report required by this
section shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation
activities; and
``(C) made readily available to the public.
``(f) Subgrants Authorized.--
``(1) Subgrants to eligible partnerships.--From amounts
made available to a State educational agency under subsection
(a), the State educational agency shall award subgrants, on a
competitive basis, to eligible partnerships serving the State,
to enable the eligible partnerships to carry out the authorized
activities described in subsection (h).
``(2) Duration.--The State educational agency shall award
each subgrant under this section for a period of not more than
3 years.
``(3) Priority.--In making subgrants under this section, a
State shall give priority to eligible partnerships that include
a high-need local educational agency.
``(4) Supplement, not supplant.--Funds provided to an
eligible partnership under this section shall be used to
supplement, and not supplant, funds that would otherwise be
used for activities authorized under this section.
``(g) Application Requirements.--
``(1) In general.--Each eligible partnership desiring a
subgrant under this section shall submit an application to the
State educational agency, at such time, in such manner, and
accompanied by such information as the State educational agency
may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of teacher professional
development needs with respect to the teaching and
learning of environmental content;
``(B) a description of how the eligible partnership
will utilize school facilities and grounds as tools for
teaching and learning of environmental content;
``(C) an explanation of how the activities to be
carried out by the eligible partnership are expected to
improve student academic achievement and strengthen the
quality of environmental instruction;
``(D) a description of how the activities to be
carried out by the eligible partnership--
``(i) will be aligned with challenging
State academic content standards and student
academic achievement standards under section
1111(b)(1) in environmental education, to the
extent such standards exist, and with the
State's environmental literacy plan; and
``(ii) will advance the teaching of
interdisciplinary courses that integrate the
study of natural, social, and economic systems,
and that include strong field components in
which students have the opportunity to directly
experience nature through outdoor environmental
learning;
``(E) a description of how the activities to be
carried out by the eligible partnership will ensure
that teachers are trained in the use of field-based or
service learning to enable the teachers--
``(i) to use the local environment and
community as a resource; and
``(ii) to improve student understanding of
the environment and increase academic
achievement;
``(F) a description of--
``(i) how the eligible partnership will
carry out the authorized activities described
in subsection (h); and
``(ii) the eligible partnership's
evaluation and accountability plan described in
subsection (i); and
``(G) a description of how the eligible partnership
will continue the activities funded under this section
after the grant period has expired.
``(h) Authorized Activities.--An eligible partnership shall use the
subgrant funds provided under this section for 1 or more of the
following activities related to elementary schools or secondary
schools:
``(1) Providing targeted, job-embedded professional
development opportunities for teachers that improve the
teachers' environmental content knowledge and pedagogical
skills in teaching about the environment, including in the use
of--
``(A) interdisciplinary, research-based, and field-
based learning; and
``(B) technology in the classroom.
``(2) Establishing and operating environmental education
summer workshops or institutes, including follow-up
professional development for elementary and secondary school
teachers, and preschool teachers, as appropriate, to improve
pedagogical skills and content knowledge for the teaching of
environmental education.
``(3) Developing or redesigning more rigorous environmental
education curricula that--
``(A) are aligned with challenging State academic
content standards in environmental education, to the
extent such standards exist, and with the State
environmental literacy plan; and
``(B) advance the teaching of interdisciplinary
courses that integrate the study of natural, social,
and economic systems and that include strong field
components.
``(4) Designing programs to prepare teachers at a school to
provide mentoring and professional development to other
teachers at such school to improve teacher environmental
education content knowledge and pedagogical skills.
``(5) Establishing and operating programs to bring teachers
and students into contact with working professionals in
environmental fields to deepen such teachers' knowledge of
environmental content and research practices.
``(6) Creating initiatives that seek to incorporate
environmental education within teacher training programs or
accreditation standards, consistent with the State
environmental literacy plan.
``(7) Promoting the integration of outdoor environmental
education lessons into the regular school curriculum and
schedule in order to further the knowledge and professional
development of teachers and help students directly experience
nature.
``(8) Creating or improving outdoor learning spaces on
school grounds.
``(i) Evaluation and Accountability Plan.--
``(1) In general.--Each eligible partnership receiving a
subgrant under this section shall develop an evaluation and
accountability plan for activities assisted under this section
that includes rigorous objectives that measure the impact of
such activities.
``(2) Contents.--The plan developed under paragraph (1)
shall include measurable objectives to increase the number of
teachers who participate in environmental education content-
based professional development activities.
``(j) Report by Eligible Partnerships.--Each eligible partnership
receiving a subgrant under this section shall report annually, for each
year of the subgrant, to the State educational agency regarding the
eligible partnership's progress in meeting the objectives described in
the accountability plan of the eligible partnership under subsection
(i).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2024 and each of the 4 succeeding fiscal years.
``SEC. 4703. OUTDOOR SCHOOL EDUCATION PILOT PROGRAM.
``(a) Grants Authorized.--From funds appropriated to carry out this
section, the Secretary shall make grants to eligible partnerships to
establish or expand outdoor school education programs.
``(b) Application.--
``(1) In general.--An eligible partnership that desires a
grant under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Contents.--Each application under this subsection
shall describe the outdoor school education program to be
carried out and how such program will--
``(A) improve student academic achievement as
defined in the State plan under section 1111(c);
``(B) promote the development of leadership skills;
``(C) increase student engagement in education;
``(D) improve critical thinking skills;
``(E) provide opportunities for civic engagement
and service learning;
``(F) address inequities of outdoor educational
opportunities for underserved children in the State;
and
``(G) improve student access to, and success in,
well-rounded educational experiences.
``(c) Priority.--The Secretary shall give priority to applicants
that propose to serve high-need schools.
``(d) Geographic Diversity.--In making awards under this section,
the Secretary shall ensure that grants are awarded to eligible
partnerships serving urban, rural, and suburban local educational
agencies.
``(e) Required Uses of Funds.--Eligible partnerships awarded grants
under this section shall use such funds for outdoor school education
programs that--
``(1) provide a residential, hands-on educational
experience, or an equivalent combination of classroom-based and
outdoor educational experience, that reflects local community
needs and contexts, featuring field study opportunities for
students, which may include learning about--
``(A) soil, water, plants, and animals;
``(B) the role of natural resources industries,
including timber, agriculture, fisheries, and others,
in the economy of the State;
``(C) the interrelationship of nature, natural
resources, economic development, and career
opportunities in the State; and
``(D) the importance of the State's environmental
and natural resources;
``(2) are integrated with local school curricula in a
manner that assists students in meeting State standards related
to science, technology, engineering, and mathematics, and
international standards related to science;
``(3) provide students with opportunities to develop
leadership, critical thinking, and decisionmaking skills;
``(4) provide students with opportunities to learn about
the interdependence of urban and rural areas; and
``(5) provide professional development for educators to
effectively implement outdoor school education programs.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2024 and each of the 4 succeeding fiscal years.
``SEC. 4704. REPORT TO CONGRESS.
``Not later than 2 years after the date of enactment of the No
Child Left Inside Act of 2023 and every 2 years thereafter, the
Secretary shall submit a report to Congress that--
``(1) describes the programs assisted under this part;
``(2) documents the success of such programs in improving
national and State environmental education capacity; and
``(3) makes such recommendations as the Secretary
determines appropriate for the continuation and improvement of
the programs assisted under this part.''.
SEC. 4. CONFORMING AMENDMENT.
The table of contents in section 2 is amended by inserting after
the item relating to section 4644 the following:
``PART G--Environmental Literacy
``Sec. 4701. Definitions.
``Sec. 4702. Grants for implementation of environmental literacy plans.
``Sec. 4703. Outdoor school education pilot program.
``Sec. 4704. Report to Congress.''.
SEC. 5. AVAILABILITY OF OTHER ENVIRONMENTAL LITERACY INFORMATION.
(a) Other Federal Agency Environmental Literacy Assistance
Programs.--The Secretary of Education shall request that all Federal
agencies provide information on any environmental literacy assistance
program operated, sponsored, or supported by such Federal agency,
including information about the application procedures, financial terms
and conditions, and other relevant information for each program, and
each Federal agency shall promptly respond to surveys or other requests
from the Secretary of Education for the information described in this
subsection.
(b) Public Information.--The Secretary of Education shall ensure
that not later than 90 days after the Secretary of Education receives
the information required under subsection (a), the eligibility
requirements, application procedures, financial terms and conditions,
and other relevant information for each environmental literacy
assistance program offered by another Federal agency are searchable and
accessible through the Department of Education's website and cross-
referenced with the United States Green Ribbon School application
information, in a manner that is simple and understandable for local
educational agencies and communities.
SEC. 6. FEDERAL INTERAGENCY COORDINATION ON ENVIRONMENTAL LITERACY.
(a) In General.--The Secretary of Education shall coordinate
environmental literacy activities between the Department of Education,
the Department of Agriculture, the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the Department of Commerce, the Department of Health and Human
Services, the National Science Foundation, the Institute of Museum and
Library Services, and the National Aeronautics and Space
Administration, including by carrying out the activities described in
subsection (b).
(b) Coordination Activities.--In coordinating environmental
literacy activities, the Secretary of Education shall--
(1) assess Federal environmental education programs, goals,
and budget items across agencies;
(2) assess environment-based science, technology,
engineering, and mathematics achievement to demonstrate that
learning about and in the environment is an effective strategy
for increasing engagement in learning and academic achievement
in science, technology, engineering, and mathematics subject
areas; and
(3) produce adaptable environmental literacy plan
guidelines and identify coordinated resources across Federal
agencies that States and local educational agencies can follow
as States and local educational agencies work to develop
environmental literacy plans and programs of their own.
(c) Advisory Panel.--The Secretary of Education shall appoint an
advisory panel of stakeholders, including representatives from State
educational agencies, local educational agencies, businesses, and
nonprofit organizations that are engaged in local environmental
literacy efforts representing the geographic, economic, and cultural
diversity of the United States, who shall meet quarterly to advise and
support interagency planning and assessment regarding environmental
literacy activities.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary of
Education, the Administrator of the Environmental Protection Agency,
the Secretary of the Interior, and the Secretary of Commerce shall
prepare and submit a joint report to Congress containing information
about the coordination of environmental literacy activities between
Federal agencies.
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118S124 | FAIR Act | [
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... | <p><b>Federal Adjustment of Income Rates Act or the FAIR Act</b></p> <p>This bill modifies pay rates for federal employees in 2024. Specifically, the bill increases rates under the statutory pay systems and for prevailing rate employees by 4.7% and increases locality pay by 4%.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 124 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 124
To increase the rates of pay under the statutory pay systems and for
prevailing rate employees by 8.7 percent, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Schatz (for himself, Ms. Baldwin, Mr. Padilla, Ms. Warren, Mr.
Fetterman, Mr. Sanders, Mr. Kaine, Mr. Blumenthal, Mr. Van Hollen, Mr.
Cardin, Mr. Casey, Mr. Whitehouse, Mr. Brown, Mr. Lujan, Mr. Heinrich,
and Mr. Warner) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To increase the rates of pay under the statutory pay systems and for
prevailing rate employees by 8.7 percent, and for other purposes.
Be it enacted by the Senate 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 Adjustment of Income Rates
Act'' or the ``FAIR Act''.
SEC. 2. ADJUSTMENT TO RATES OF PAY.
(a) Statutory Pay Systems.--For calendar year 2024, the percentage
adjustment under section 5303 of title 5, United States Code, in the
rates of basic pay under the statutory pay systems (as defined in
section 5302 of title 5, United States Code) shall be 4.7 percent.
(b) Prevailing Rate Employees.--Notwithstanding the wage survey
requirements under section 5343(b) of title 5, United States Code, for
fiscal year 2024, the rates of basic pay (as in effect on the last day
of fiscal year 2023 under section 5343(a) of such title) for prevailing
rate employees in each wage area and the rates of basic pay under
sections 5348 and 5349 of such title shall be increased by 4.7 percent.
SEC. 3. ADJUSTMENT TO LOCALITY PAY.
For calendar year 2024, the percentage adjustment under section
5304 of title 5, United States Code, shall be an increase of 4.0
percent.
<all>
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118S1240 | Millennium Challenge Corporation Candidate Country Reform Act | [
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1240 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1240
To modify the requirements for candidate countries under the Millennium
Challenge Act of 2003, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Risch (for himself and Mr. Menendez) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To modify the requirements for candidate countries under the Millennium
Challenge Act of 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Challenge Corporation
Candidate Country Reform Act''.
SEC. 2. MODIFICATIONS OF REQUIREMENTS TO BECOME A CANDIDATE COUNTRY.
Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C.
7705) is amended to read as follows:
``SEC. 606. CANDIDATE COUNTRIES.
``(a) In General.--A country shall be a candidate country for
purposes of eligibility to receive assistance under section 605 if--
``(1) the per capita income of the country in a fiscal year
is equal to or less than the World Bank threshold for
initiating the International Bank for Reconstruction and
Development graduation process for the fiscal year; and
``(2) subject to subsection (b), the country is not
ineligible to receive United States economic assistance under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) by reason of the application of any provision of the
Foreign Assistance Act of 1961 or any other provision of law.
``(b) Rule of Construction.--For the purposes of determining
whether a country is eligible, pursuant to subsection (a)(2), to
receive assistance under section 605, the exercise by the President,
the Secretary of State, or any other officer or employee of the United
States Government of any waiver or suspension of any provision of law
referred to in subsection (a)(2), and notification to the appropriate
congressional committees in accordance with such provision of law,
shall be construed as satisfying the requirements under subsection (a).
``(c) Determination by the Board.--The Board shall determine
whether a country is a candidate country for purposes of this
section.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Amendment To Report Identifying Candidate Countries.--Section
608(a)(1) of the Millennium Challenge Act of 2003 (22 U.S.C.
7707(a)(1)) is amended by striking ``section 606(a)(1)(B)'' and
inserting ``section 606(a)(2)''.
(b) Amendment to Millennium Challenge Compact Authority.--Section
609(b)(2) of such Act (22 U.S.C. 7708(b)(2)) is amended--
(1) by amending the paragraph heading to read as follows:
``Country contributions''; and
(2) by striking ``with respect to a lower middle income
country described in section 606(b),''.
(c) Amendment to Authorization To Provide Assistance for Candidate
Countries.--Section 616(b)(1) of such Act (22 U.S.C. 7715(b)(1)) is
amended by striking ``subsection (a) or (b) of section 606'' and
inserting ``section 606(a)''.
SEC. 4. MODIFICATION TO FACTORS IN DETERMINING ELIGIBILITY.
Section 607(c)(2) of the Millennium Challenge Act of 2003 (22
U.S.C. 7706(c)(2)) is amended in the matter preceding subparagraph (A)
by striking ``consider'' and inserting ``prioritize need and impact by
considering''.
<all>
</pre></body></html>
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118S1241 | Taiwan Cybersecurity Resiliency Act of 2023 | [
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1241 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1241
To enhance and expand cooperation between the Department of Defense and
the Government of Taiwan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Rosen (for herself and Mr. Rounds) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To enhance and expand cooperation between the Department of Defense and
the Government of Taiwan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Cybersecurity Resiliency Act
of 2023''.
SEC. 2. MILITARY CYBERSECURITY COOPERATION WITH TAIWAN.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, in concurrence with the
Secretary of State and in coordination with the Commander of the United
States Cyber Command and the Commander of the United States Indo-
Pacific Command, shall seek to engage the Government of Taiwan for the
purpose of expanding cooperation on military cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the
Government of Taiwan under subsection (a), the Secretary of Defense may
carry out efforts--
(1) to actively defend military networks, infrastructure,
and systems;
(2) to eradicate malicious cyber activity that has
compromised such networks, infrastructure, and systems;
(3) to leverage United States commercial and military
cybersecurity technology and services to harden and defend such
networks, infrastructure, and systems; and
(4) to conduct combined cybersecurity training activities
and exercises.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to the
appropriate committees of Congress a briefing on the
implementation of this section.
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) A description of the feasibility and
advisability of expanding the cooperation on military
cybersecurity activities between the Department of
Defense and the Government of Taiwan.
(B) An identification of any challenges and
resources that need to be addressed so as to expand
such cooperation.
(C) An overview of efforts undertaken pursuant to
this section.
(D) Any other matter the Secretary considers
relevant.
(d) 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
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
<all>
</pre></body></html>
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118S1242 | No EV Credits for Idle Allies Act | [
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
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"Sen. Vance, J. D. [R-OH]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
]
] | <p> <strong>No EV Credits for Idle Allies Act </strong></p> <p>This bill excludes critical materials for vehicle batteries that were extracted or processed in Germany or France from any determination of the eligible amount of the new clean vehicle tax credit unless the Department of State certifies that either country has, since February 24, 2022, directly provided a cumulative amount of aid to Ukraine that is not less than the direct commitment of aid provided by the United States. </p> <p>The State Department must annually review its certification of the amount of aid provided to Ukraine by Germany or France and require such countries to attain a certain level of defense spending for the duration of the war in Ukraine.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1242 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1242
To exclude critical minerals that were extracted or processed in
certain countries that are providing insufficient levels of assistance
to Ukraine from being included for purposes of determining the amount
of the clean vehicle tax credit.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Cotton (for himself, Mr. Rubio, Mr. Vance, and Mr. Hagerty)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To exclude critical minerals that were extracted or processed in
certain countries that are providing insufficient levels of assistance
to Ukraine from being included for purposes of determining the amount
of the clean vehicle tax credit.
Be it enacted by the Senate 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 EV Credits for Idle Allies Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States does not have
any free trade agreement in effect with the European Union or any
member country of the European Union.
SEC. 3. EXCLUSION OF CRITICAL MINERALS EXTRACTED OR PROCESSED IN
CERTAIN COUNTRIES.
(a) Exclusion.--For purposes of determining the credit under
section 30D of the Internal Revenue Code of 1986 with respect to any
new clean vehicle (as defined in section 30D(d)(1) of such Code), any
applicable critical minerals contained in the battery of such vehicle
which were extracted or processed in Germany or France shall not be
included for purposes of any determination under section 30D(e)(1)(A)
of such Code with respect to such vehicle unless the Secretary of State
certifies that the country has, since February 24, 2022, directly
provided a cumulative amount of humanitarian, financial, and military
aid to Ukraine which is not less than the cumulative amount of the
United States direct commitment of humanitarian, financial, and
military aid to Ukraine, as measured as a percent of GDP.
(b) Recertification Requirement.--
(1) In general.--If the Secretary of State certifies that
Germany or France satisfies the requirements under subsection
(a), a review of such certification shall be made not less than
annually thereafter for purposes of determining the inclusion
or exclusion of applicable critical minerals extracted or
processed in France or Germany in the credit calculation
described in such subsection.
(2) Failure to recertify.--With respect to the review
described in paragraph (1), if the Secretary of State
determines that France or Germany has failed to satisfy the
requirements under subsection (a), the exclusion described in
such subsection with respect to applicable critical minerals
which were extracted or processed in such country shall apply
for the 12-month period subsequent to such determination, at
which time the Secretary of State shall reassess the levels of
aid described in such subsection that have been provided.
(c) Failure To Attain Certification for Duration of War in
Ukraine.--If the Secretary of State cannot make the certification
described under subsection (a) with respect to France or Germany for
the duration of the Russian war in Ukraine (as determined by the
Secretary pursuant to subsection (d)), the exclusion described in
subsection (a) with respect to applicable critical minerals which were
extracted or processed in such country shall apply until such time as
the government of that country--
(1) spends not less than 2 percent of its GDP on defense
spending; and
(2) with respect to the 2 most recently completed calendar
years, has maintained that level of funding.
(d) Determination.--For purposes of subsection (c), the Secretary
of State shall, upon determining that the Russian war in Ukraine has
concluded, submit a notification to that effect to Congress.
(e) Definitions.--In this section--
(1) Aid to ukraine.--The term ``aid to Ukraine'' shall only
apply to assistance provided to the Government of Ukraine or
for the assistance of individuals within the borders of
Ukraine.
(2) Applicable critical minerals.--The term ``applicable
critical minerals'' has the same meaning given such term in
section 45Z(c)(6) of the Internal Revenue Code of 1986.
(3) Directly provided.--The term ``directly provided'',
with respect to aid, shall not include any contributions made
to the European Union and subsequently provided to support
Ukraine.
(f) Effective Date.--This section shall apply to vehicles placed in
service after the date of enactment of this Act.
<all>
</pre></body></html>
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118S1243 | Small Business Investment Act of 2023 | [
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1243 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1243
To amend the Internal Revenue Code of 1986 to modify the exclusion for
gain from qualified small business stock.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Cornyn 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 modify the exclusion for
gain from qualified small business stock.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment Act of
2023''.
SEC. 2. PHASED INCREASE IN EXCLUSION FOR GAIN FROM QUALIFIED SMALL
BUSINESS STOCK.
(a) In General.--Section 1202(a)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``50 percent'' and inserting ``the
applicable percentage'', and
(2) by striking ``held for more than 5 years'' and
inserting ``held for at least 3 years''.
(b) Applicable Percentage.--Section 1202(a) of such Code is amended
by adding at the end the following new paragraph:
``(5) Applicable percentage.--Except as provided in
paragraphs (3) and (4), the applicable percentage under
paragraph (1) shall be determined under the following table:
Applicable
``Years stock held: percentage:
3 years................................................ 50%
4 years................................................ 75%
5 years or more........................................ 100%''.
(c) Continued Treatment as Not Item of Tax Preference.--
(1) In general.--Section 57(a)(7) of such Code is amended
by striking ``An amount'' and inserting ``In the case of stock
acquired on or before the date of the enactment of the Creating
Small Business Jobs Act of 2010, an amount''.
(2) Conforming amendment.--Section 1202(a)(4) of such Code
is amended--
(A) by striking ``, and'' at the end of
subparagraph (B) and inserting a period, and
(B) by striking subparagraph (C).
(d) Other Conforming Amendments.--
(1) Section 1202(a)(4) of such Code is amended by inserting
``and before the date of the enactment of the Small Business
Investment Act of 2023'' after ``Act of 2010''.
(2) Paragraphs (3) and (4) of section 1202(a) of such Code
are each amended by inserting ``held for more than 5 years
and'' after ``In the case of qualified small business stock''.
(3) Section 1202(a)(3)(A) of such Code is amended to read
as follows:
``(A) the applicable percentage under paragraph (1)
shall be 75 percent, and''.
(4) Section 1202(a)(4)(A) of such Code is amended to read
as follows:
``(A) the applicable percentage under paragraph (1)
shall be 100 percent, and''.
(5) Section 1202(b)(2) of such Code is amended by striking
``more than 5 years'' and inserting ``at least 3 years''.
(6) Section 1202(g)(2)(A) of such Code is amended by
striking ``more than 5 years'' and inserting ``at least 3
years''.
(7) Section 1202(j)(1)(A) of such Code is amended by
striking ``more than 5 years'' and inserting ``at least 3
years''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to stock acquired
after the date of the enactment of this Act.
(2) Continued treatment as not item of tax preference.--The
amendment made by subsection (c) shall take effect as if
included in the enactment of section 2011 of the Creating Small
Business Jobs Act of 2010.
SEC. 3. TACKING HOLDING PERIOD OF CONVERTIBLE DEBT INSTRUMENTS.
(a) In General.--Section 1202(f) of the Internal Revenue Code of
1986 is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B) and moving such subparagraphs (as so
redesignated) 2 ems to the right,
(2) by striking ``Conversion of Other Stock.--If any
stock'' and inserting the following: ``Conversion.--
``(1) Other stock.--If any stock'', and
(3) by adding at the end the following new paragraph:
``(2) Convertible debt instruments.--
``(A) In general.--If any stock in a corporation is
acquired by the taxpayer, without recognition of gain,
solely through the conversion of a qualified
convertible debt instrument--
``(i) the stock so acquired shall be
treated as qualified small business stock in
the hands of the taxpayer, and
``(ii) the stock so acquired shall be
treated as having been held during the period
during which the qualified convertible debt
instrument was held.
``(B) Qualified convertible debt instrument.--For
purposes of this paragraph, the term `qualified
convertible debt instrument' means any bond or other
evidence of indebtedness--
``(i) which is originally issued by the
corporation to the taxpayer,
``(ii) the issuer of which--
``(I) from issuance until
conversion, is a qualified small
business, and
``(II) during substantially all of
the taxpayer's holding period of such
bond or evidence of indebtedness, the
corporation meets the active business
requirements of subsection (e), and
``(iii) which is convertible into stock in
the corporation.''.
(b) Effective Date.--The amendments made by this section shall
apply to debt instruments originally issued after the date of the
enactment of this Act.
SEC. 4. GAIN EXCLUSION ALLOWED WITH RESPECT TO QUALIFIED SMALL BUSINESS
STOCK IN CORPORATION.
(a) In General.--Section 1202(c) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``C corporation'' in paragraphs (1) and
inserting ``corporation'', and
(2) by striking ``and such corporation is a C corporation''
in paragraph (2)(A).
(b) Qualified Small Business Definition.--Section 1202(d)(1) of
such Code is amended by striking ``which is a C corporation''.
(c) Clarification of Aggregation Rules Applicable to S
Corporations.--Section 1202(d)(3) of such Code is amended by adding at
the end the following new subparagraph:
``(C) Clarification with respect to s
corporations.--Any determination of the members of a
controlled group of corporations under this paragraph
shall include taking into account any stock ownership
in an S corporation.''.
(d) Treatment of Passive Losses.--Section 469(g)(1) of such Code is
amended by adding at the end the following new subparagraph:
``(D) Certain dispositions of small business
stock.--In the case of a disposition any gain from
which is excluded from gross income under section 1202,
subparagraph (A) shall not apply.''.
(e) Special Rules Relating to S Corporations.--Section 1202(e) of
such Code is amended by adding at the end the following new paragraph:
``(9) Applied at s corporation level.--In the case of an S
corporation, the requirements of this subsection shall be
applied at the corporate level.''.
(f) Effective Date.--The amendments made by this section shall
apply to stock acquired after the date of the enactment of this Act.
<all>
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118S1244 | Ending Duplicative Subsidies for Electric Vehicles Act | [
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[From the U.S. Government Publishing Office]
[S. 1244 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1244
To amend the Internal Revenue Code of 1986 to prevent double dipping
between tax credits and grants or loans for clean vehicle
manufacturers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Thune (for himself, Mr. Cassidy, Mr. Daines, Ms. Lummis, Mr.
Ricketts, and Mr. Rounds) 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 prevent double dipping
between tax credits and grants or loans for clean vehicle
manufacturers.
Be it enacted by the Senate 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 Duplicative Subsidies for
Electric Vehicles Act''.
SEC. 2. COORDINATION OF ELECTRIC VEHICLE CREDITS WITH OTHER SUBSIDIES.
(a) In General.--Section 30D(d)(3) of the Internal Revenue Code of
1986, as amended by Public Law 117-169, is amended by adding at the end
the following new sentence: ``Such term shall not include any person
who has received a loan under section 136(d) of the Energy Independence
and Security Act of 2007, a loan guarantee under section 1703 of the
Energy Policy Act of 2005 with respect to a project described in
section 1703(b)(8) of such Act, or a grant under section 50143 of the
Act titled `An Act to provide for reconciliation pursuant to title II
of S. Con. Res. 14' for the taxable year in which the new clean vehicle
is placed in service or any prior taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
<all>
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118S1245 | Defend Our Networks Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1245 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1245
To transfer unobligated balances made available for COVID-19 emergency
response and relief to the Federal Communications Commission to enable
the Commission to carry out the Secure and Trusted Communications
Networks Reimbursement Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mrs. Fischer (for herself and Mr. Hickenlooper) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To transfer unobligated balances made available for COVID-19 emergency
response and relief to the Federal Communications Commission to enable
the Commission to carry out the Secure and Trusted Communications
Networks Reimbursement 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 ``Defend Our Networks Act''.
SEC. 2. TRANSFER OF CERTAIN UNOBLIGATED BALANCES; FUNDING OF PROGRAM.
(a) Definitions.--In this section:
(1) Commission; program.--The terms ``Commission'' and
``Program'' have the meanings given those terms in section 9 of
the Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1608).
(2) Covered accounts.--The term ``covered accounts'' means
amounts made available under--
(A) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123; 134 Stat. 146);
(B) the Families First Coronavirus Response Act
(Public Law 116-127; 134 Stat. 178);
(C) the CARES Act (Public Law 116-136; 134 Stat.
281);
(D) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620);
(E) division M or N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260);
(F) the American Rescue Plan Act of 2021 (Public
Law 117-2; 135 Stat. 4); or
(G) an amendment made by a provision of law
described in any of subparagraphs (A) through (F).
(b) Funding.--
(1) In general.--Of the unobligated balances, as of the
date of enactment of this Act, of the covered accounts,
$3,080,000,000 shall be transferred not later than 90 days
after the date of enactment of this Act to the Commission to
carry out the Program.
(2) Pro rata transfer.--Unobligated balances shall be
transferred under paragraph (1) on a pro rata basis.
(3) Use and availability of funds.--Amounts transferred
under paragraph (1) shall--
(A) be merged with other appropriations for the
Program;
(B) be subject to the same conditions and
limitations as the other appropriations for the
Program; and
(C) remain available until expended.
(4) Technical and conforming amendment.--Section 4(k) of
the Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' and
inserting ``$4,980,000,000''.
<all>
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118S1246 | SMART Prices Act | [
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[
"M001176... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1246 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1246
To amend title XVIII of the Social Security Act to strengthen the drug
pricing reforms in the Inflation Reduction Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Ms. Klobuchar (for herself, Mr. Welch, Mrs. Gillibrand, Mr. Heinrich,
Mr. Merkley, Ms. Stabenow, Mr. Reed, Mr. Whitehouse, Mr. Blumenthal,
Ms. Cortez Masto, Ms. Hassan, Mr. King, Ms. Cantwell, Mrs. Shaheen, Ms.
Baldwin, Mr. Durbin, Mr. Brown, Mr. Booker, Ms. Smith, Ms. Warren, Mrs.
Murray, Mr. Cardin, Ms. Duckworth, and Mr. Markey) 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 strengthen the drug
pricing reforms in the Inflation Reduction Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Medicare And Reducing
Taxpayer Prices Act'' or the ``SMART Prices Act''.
SEC. 2. REPEAL OF THE MEDICARE PART D NONINTERFERENCE CLAUSE.
Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111)
is amended by striking subsection (i).
SEC. 3. IMPROVEMENTS TO THE MEDICARE DRUG PRICE NEGOTIATION PROGRAM.
(a) Acceleration of the Selection of Negotiation-Eligible Drugs.--
(1) In general.--Section 1192(a) of the Social Security Act
(42 U.S.C. 1320f-1(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``10'' and inserting
``20''; and
(ii) by inserting ``and'' after the
semicolon at the end;
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(C) in paragraph (2), as redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``2028, 15 negotiation-
eligible drugs'' and inserting ``2027 or a
subsequent year, 40 negotiation-eligible
drugs''; and
(ii) by striking ``; and'' at the end and
inserting a period; and
(D) by striking paragraph (4).
(2) Conforming amendments.--Section 1192 of the Social
Security Act (42 U.S.C. 1320f-1) is amended--
(A) in subsection (b)(2)--
(i) in the paragraph heading, by striking
``and 2027''; and
(ii) by striking ``and with respect to the
initial price applicability year 2027''; and
(B) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``or 2027''.
(b) Improvements to the Definition of Qualifying Single Source
Drug.--Section 1192(e)(1) of the Social Security Act (42 U.S.C. 1320f-
1(e)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``7 years'' and
inserting ``3 years''; and
(2) in subparagraph (B)(ii), by striking ``11 years'' and
inserting ``3 years''.
(c) Improvement to the Ceiling for Maximum Fair Price.--Section
1194(c)(3) of the Social Security Act (42 U.S.C. 1320f-3(c)(3)) is
amended--
(1) in subparagraph (A), by striking ``75 percent'' and
inserting ``76 percent'';
(2) in subparagraph (B), by striking ``65 percent'' and
inserting ``55 percent''; and
(3) in subparagraph (C), by striking ``40 percent'' and
inserting ``30 percent''.
<all>
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118S1247 | Terry Technical Correction Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1247 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1247
To amend the First Step Act of 2018 to permit defendants convicted of
certain offenses to be eligible for reduced sentences, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. Booker, Mr. Lee, Ms.
Klobuchar, and Mr. Paul) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the First Step Act of 2018 to permit defendants convicted of
certain offenses to be eligible for reduced sentences, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terry Technical Correction Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that on June 14, 2021, the Supreme
Court of the United States decided the case of Terry v. United States,
141 S. Ct. 1858 (2021), holding that crack offenders who did not
trigger a mandatory minimum do not qualify for the retroactivity
provisions of section 404 of the First Step Act of 2018 (21 U.S.C. 841
note).
(b) Purpose.--The purpose of this Act is to clarify that the
retroactivity provisions of section 404 of the First Step Act of 2018
(21 U.S.C. 841 note) are available to those offenders who were
sentenced for a crack-cocaine offense before the Fair Sentencing Act of
2010 (Public Law 111-220) became effective, including individuals with
low-level crack offenses sentenced under section 401(b)(1)(C) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(C)).
SEC. 3. APPLICATION OF FAIR SENTENCING ACT OF 2010.
Section 404 of the First Step Act of 2018 (21 U.S.C. 841 note) is
amended--
(1) in subsection (a)--
(A) by striking ```covered offense' means'' and
inserting ```covered offense'--
``(1) means'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) includes a violation, involving cocaine base, of--
``(A) section 3113 of title 5, United States Code;
``(B) section 401(b)(1)(C) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(C));
``(C) section 404(a) of the Controlled Substances
Act (21 U.S.C. 844(a));
``(D) section 406 of the Controlled Substances Act
(21 U.S.C. 846);
``(E) section 408 of the Controlled Substances Act
(21 U.S.C. 848);
``(F) subsection (b) or (c) of section 409 of the
Controlled Substances Act (21 U.S.C. 849);
``(G) subsection (a) or (b) of section 418 of the
Controlled Substances Act (21 U.S.C. 859);
``(H) subsection (a), (b), or (c) of section 419 of
the Controlled Substances Act (21 U.S.C. 860);
``(I) section 420 of the Controlled Substances Act
(21 U.S.C. 861);
``(J) section 1010(b)(3) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)(3));
``(K) section 1010A of the Controlled Substances
Import and Export Act (21 U.S.C. 960a);
``(L) section 90103 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12522);
``(M) section 70503 or 70506 of title 46, United
States Code; and
``(N) any attempt, conspiracy or solicitation to
commit an offense described in subparagraphs (A)
through (M).''; and
(2) in subsection (c), by inserting ``A motion under this
section that was denied after a court determination that a
violation described in subsection (a)(2) was not a covered
offense shall not be considered a denial after a complete
review of the motion on the merits within the meaning of this
section.'' after the period at the end of the second sentence.
<all>
</pre></body></html>
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118S1248 | Safer Detention Act of 2023 | [
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"B00128... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1248
To expand eligibility for and provide judicial review for the Elderly
Home Detention Pilot Program, and make other technical corrections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. Whitehouse, Mr. Cramer, Mr.
Booker, Mr. Wicker, Mr. Brown, and Mr. Coons) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To expand eligibility for and provide judicial review for the Elderly
Home Detention Pilot Program, and make other technical corrections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Detention Act of 2023''.
SEC. 2. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.
Section 231(g) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Judicial review.--
``(i) In general.--Upon motion of a
defendant, on or after the date described in
clause (ii), a court may reduce an imposed term
of imprisonment of the defendant and substitute
a term of supervised release with the condition
of home detention for the unserved portion of
the original term of imprisonment, after
considering the factors set forth in section
3553(a) of title 18, United States Code, if the
court finds the defendant is an eligible
elderly offender or eligible terminally ill
offender.
``(ii) Date described.--The date described
in this clause is the earlier of--
``(I) the date on which the
defendant fully exhausts all
administrative rights to appeal a
failure of the Bureau of Prisons to
place the defendant on home detention;
or
``(II) the expiration of the 30-day
period beginning on the date on which
the defendant submits to the warden of
the facility in which the defendant is
imprisoned a request for placement of
the defendant on home detention,
regardless of the status of the
request.''; and
(2) in paragraph (5)--
(A) in subparagraph (A)(ii)--
(i) by inserting ``, including offenses
under the laws of the District of Columbia,''
after ``offense or offenses''; and
(ii) by striking ``2/3 of the term of
imprisonment to which the offender was
sentenced'' and inserting ``1/2 of the term of
imprisonment reduced by any credit toward the
service of the offender's sentence awarded
under section 3624(b) of title 18, United
States Code''; and
(B) in subparagraph (D)(i), by inserting ``,
including offenses under the laws of the District of
Columbia,'' after ``offense or offenses''.
SEC. 3. COMPASSIONATE RELEASE TECHNICAL CORRECTION.
Section 3582 of title 18, United States Code, is amended--
(1) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
inserting after ``case'' the following: ``, including,
notwithstanding any other provision of law, any case
involving an offense committed before November 1,
1987''; and
(B) in subparagraph (A)--
(i) by inserting ``, on or after the date
described in subsection (d)'' after ``upon
motion of a defendant''; and
(ii) by striking ``after the defendant has
fully exhausted all administrative rights to
appeal a failure of the Bureau of Prisons to
bring a motion on the defendant's behalf or the
lapse of 30 days from the receipt of such a
request by the warden of the defendant's
facility, whichever is earlier,'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Date Described.--For purposes of subsection (c)(1)(A), the
date described in this subsection is the earlier of--
``(1) the date on which the defendant fully exhausts all
administrative rights to appeal a failure of the Bureau of
Prisons to bring a motion on the defendant's behalf; or
``(2) the expiration of the 30-day period beginning on the
date on which the defendant submits a request for a reduction
in sentence to the warden of the facility in which the
defendant is imprisoned, regardless of the status of the
request.''.
<all>
</pre></body></html>
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118S1249 | IRS Accountability and Taxpayer Protection Act | [
[
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"Sen. Scott, Tim [R-SC]",
"sponsor"
],
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"Sen. Barrasso, John [R-WY]",
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"C001095",
"Sen.... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1249 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1249
To amend the Internal Revenue Code of 1986 to modify the procedural
rules for penalties.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Scott of South Carolina (for himself, Mr. Barrasso, Mrs. Blackburn,
Mr. Braun, Mr. Cotton, Mr. Crapo, Ms. Lummis, and Mr. Risch) 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 modify the procedural
rules for penalties.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Accountability and Taxpayer
Protection Act''.
SEC. 2. MODIFICATION OF PROCEDURAL REQUIREMENTS FOR PENALTIES UNDER THE
INTERNAL REVENUE CODE OF 1986.
(a) In General.--Section 6751(b)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``of such assessment'' and inserting ``with
respect to the application of such penalty'', and
(2) by adding at the end the following new sentence ``The
approval required under the preceding sentence shall be given
at a time in the pre-assessment process when such supervisor or
higher level official has the discretion to give or withhold
such approval.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to notices issued, and offsets or defenses asserted, after the
date of the enactment of this Act.
<all>
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118S125 | China Trade Relations Act of 2023 | [
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] | <p><b>China Trade Relations Act of 2023</b></p> <p>This bill withdraws normal trade relations treatment from China and expands the bases of ineligibility for this treatment to include specified violations of human rights by China. </p> <p>Specifically, during any period in which China engages in specified activities (e.g., using slave labor, performing forced abortion or sterilization, or hindering the free exercise of religion) (1) products from China shall not be eligible to receive nondiscriminatory treatment (normal trade relations), (2) China may not participate in any U.S. program that extends credits or credit guarantees or investment guarantees, and (3) the President may not conclude any commercial agreement with China.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 125 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 125
To withdraw normal trade relations treatment from, and apply certain
provisions of title IV of the Trade Act of 1974 to, products of the
People's Republic of China, and to expand the eligibility requirements
for products of the People's Republic of China to receive normal trade
relations treatment in the future, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Cotton (for himself, Mr. Scott of Florida, Mr. Budd, and Mr. Vance)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To withdraw normal trade relations treatment from, and apply certain
provisions of title IV of the Trade Act of 1974 to, products of the
People's Republic of China, and to expand the eligibility requirements
for products of the People's Republic of China to receive normal trade
relations treatment in the future, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Trade Relations Act of 2023''.
SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM THE
PEOPLE'S REPUBLIC OF CHINA.
Notwithstanding the provisions of title I of Public Law 106-286
(114 Stat. 880) or any other provision of law, effective on the date of
the enactment of this Act--
(1) normal trade relations treatment shall not apply
pursuant to section 101 of that Act to the products of the
People's Republic of China;
(2) normal trade relations treatment may thereafter be
extended to the products of the People's Republic of China only
in accordance with the provisions of chapter 1 of title IV of
the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as in effect
with respect to the products of the People's Republic of China
on the day before the effective date of the accession of the
People's Republic of China to the World Trade Organization; and
(3) the extension of waiver authority that was in effect
with respect to the People's Republic of China under section
402(d)(1) of the Trade Act of 1974 (19 U.S.C. 2432(d)(1)) on
the day before the effective date of the accession of the
People's Republic of China to the World Trade Organization
shall, upon the enactment of this Act, be deemed not to have
expired, and shall continue in effect until the date that is 90
days after the date of such enactment.
SEC. 3. EXPANSION OF BASES OF INELIGIBILITY OF PEOPLE'S REPUBLIC OF
CHINA FOR NORMAL TRADE RELATIONS.
(a) In General.--Section 402 of the Trade Act of 1974 (19 U.S.C.
2432) is amended--
(1) in the section heading, by striking ``freedom of
emigration in east-west trade'' and inserting ``east-west trade
and human rights''; and
(2) by adding at the end the following:
``(f) Additional Bases of Ineligibility of People's Republic of
China for Normal Trade Relations.--
``(1) In general.--Products of the People's Republic of
China shall not be eligible to receive nondiscriminatory
treatment (normal trade relations), the People's Republic of
China shall not participate in any program of the Government of
the United States which extends credits or credit guarantees or
investment guarantees, directly or indirectly, and the
President shall not conclude any commercial agreement with the
People's Republic of China, during the period--
``(A) beginning with the date on which the
President determines that the People's Republic of
China--
``(i) is in violation of paragraph (1),
(2), or (3) of subsection (a);
``(ii) uses or provides for the use of
slave labor;
``(iii) operates `vocational training and
education centers' or other concentration camps
where people are held against their will;
``(iv) performs or otherwise orders forced
abortion or sterilization procedures;
``(v) harvests the organs of prisoners
without their consent;
``(vi) hinders the free exercise of
religion;
``(vii) intimidates or harasses nationals
of the People's Republic of China living
outside the People's Republic of China; or
``(viii) engages in systematic economic
espionage against the United States, including
theft of the intellectual property of United
States persons; and
``(B) ending on the date on which the President
determines that the People's Republic of China is no
longer in violation of any of clauses (i) through
(viii) of subparagraph (A).
``(2) Report required.--
``(A) In general.--After the date of the enactment
of this subsection, products of the People's Republic
of China may be eligible to receive nondiscriminatory
treatment (normal trade relations), the People's
Republic of China may participate in any program of the
Government of the United States which extends credits
or credit guarantees or investment guarantees, and the
President may conclude a commercial agreement with the
People's Republic of China, only after the President
has submitted to Congress a report indicating that the
People's Republic of China is not in violation of any
of clauses (i) through (viii) of paragraph (1)(A).
``(B) Elements.--The report required by
subparagraph (A) shall include information as to the
nature and implementation of laws and policies of the
People's Republic of China relating to the matters
specified in clauses (i) through (viii) of paragraph
(1)(A).
``(C) Deadlines.--The report required by
subparagraph (A) shall be submitted on or before each
June 30 and December 31 of each year for as long as
products of the People's Republic of China receive
nondiscriminatory treatment (normal trade relations),
the People's Republic of China participates in any
program of the Government of the United States which
extends credits or credit guarantees or investment
guarantees, or a commercial agreement with the People's
Republic of China is in effect.
``(3) Waiver.--
``(A) In general.--The President is authorized to
waive by Executive order the application of paragraphs
(1) and (2) for a 12-month period if the President
submits to Congress a report that the President--
``(i) has determined that such waiver will
substantially promote the objectives of this
subsection; and
``(ii) has received assurances that the
practices of the People's Republic of China
relating to the matters specified in clauses
(i) through (viii) of paragraph (1)(A) will in
the future lead substantially to the
achievement of the objectives of this
subsection.
``(B) Termination of waiver.--A waiver under
subparagraph (A) shall terminate on the earlier of--
``(i) the day after the waiver authority
granted by this paragraph ceases to be
effective under paragraph (4); or
``(ii) the effective date of an Executive
order providing for termination of the waiver.
``(4) Extension of waiver authority.--
``(A) Recommendations.--If the President determines
that the further extension of the waiver authority
granted under paragraph (3) will substantially promote
the objectives of this subsection, the President may
recommend further extensions of such authority for
successive 12-month periods. Any such recommendations
shall--
``(i) be made not later than 30 days before
the expiration of such authority;
``(ii) be made in a document submitted to
the House of Representatives and the Senate
setting forth the reasons of the President for
recommending the extension of such authority;
and
``(iii) include--
``(I) a determination that
continuation of the waiver will
substantially promote the objectives of
this subsection; and
``(II) a statement setting forth
the reasons of the President for such
determination.
``(B) Continuation in effect of waiver.--If the
President recommends under subparagraph (A) the further
extension of the waiver authority granted under
paragraph (3), such authority shall continue in effect
until the end of the 12-month period following the end
of the previous 12-month extension, unless--
``(i) Congress adopts and transmits to the
President a joint resolution of disapproval
under paragraph (5) before the end of the 60-
day period beginning on the date the waiver
authority would expire but for an extension
under subparagraph (A); and
``(ii) if the President vetoes the joint
resolution, each House of Congress votes to
override the veto on or before the later of--
``(I) the last day of the 60-day
period referred to in clause (i); or
``(II) the last day of the 15-day
period (excluding any day described in
section 154(b)) beginning on the date
on which Congress receives the veto
message from the President.
``(C) Termination of waiver pursuant to joint
resolution of disapproval.--If a joint resolution of
disapproval is enacted into law pursuant to paragraph
(5), the waiver authority granted under paragraph (3)
shall cease to be effective as of the day after the 60-
day period beginning on the date of the enactment of
the joint resolution.
``(5) Joint resolution of disapproval.--
``(A) Joint resolution of disapproval defined.--In
this paragraph, the term `joint resolution of
disapproval' means a joint resolution the matter after
the resolving clause of which is as follows: `That
Congress does not approve the extension of the
authority contained in paragraph (3) of section 402(f)
of the Trade Act of 1974 with respect to the People's
Republic of China recommended by the President to
Congress under paragraph (4) of that section on ___.',
with the blank space being filled with the appropriate
date.
``(B) Procedures in house and senate.--The
provisions of subsections (b) through (f) of section
152 shall apply with respect to a joint resolution of
approval to the same extent and in the same manner as
such provisions apply with respect to a resolution
described in subsection (a) of that section, except
that subsection (e)(2) of that section shall be applied
and administered by substituting `Consideration' for
`Debate'.
``(C) Rules of the house of representatives and
senate.--This paragraph is enacted by Congress--
``(i) as an exercise of the rulemaking
power of the House of Representatives and the
Senate, respectively, and as such is deemed a
part of the rules of each House, respectively,
and supersedes other rules only to the extent
that it is inconsistent with such other rules;
and
``(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by striking the item relating to section 402 and
inserting the following:
``Sec. 402. East-West trade and human rights.''.
<all>
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"B001277"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1250 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1250
To amend title XI of the Social Security Act to require that direct-to-
consumer advertisements for drugs and biologicals include an
appropriate disclosure of pricing information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. King, Mr. Braun, Mr.
Blumenthal, Mr. Vance, and Ms. Baldwin) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to require that direct-to-
consumer advertisements for drugs and biologicals include an
appropriate disclosure of pricing information.
Be it enacted by the Senate 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 for
Consumers Act of 2023'' or the ``DTC Act of 2023''.
SEC. 2. FINDINGS; SENSE OF THE SENATE.
(a) Findings.--Congress finds the following:
(1) Direct-to-consumer advertising of prescription
pharmaceuticals is legally permitted in only 2 developed
countries, the United States and New Zealand.
(2) In 2018, pharmaceutical ad spending exceeded
$6,046,000,000, a 4.8-percent increase over 2017, resulting in
the average American seeing 9 drug advertisements per day.
(3) The most commonly advertised medication in the United
States in 2020 had a list price of more than $6,000 for a one-
month's supply.
(4) A 2021 Government Accountability Office report found
that two-thirds of all direct-to-consumer drug advertising
between 2016 and 2018 was concentrated among 39 brand-name
drugs or biologicals, about half of which were recently
approved by the Food and Drug Administration.
(5) According to a 2011 Congressional Budget Office report,
pharmaceutical manufacturers advertise their products directly
to consumers in an attempt to boost demand for their products
and thereby raise the price that consumers are willing to pay,
increase the quantity of drugs sold, or achieve some
combination of the two.
(6) Studies, including a 2012 systematic review published
in the Annual Review of Public Health, a 2005 randomized trial
published in the Journal of the American Medical Association,
and a 2004 survey published in Health Affairs, show that
patients are more likely to ask their doctor for a specific
medication and for the doctor to write a prescription for it,
if a patient has seen an advertisement for such medication,
even if such medication is not the most clinically appropriate
for the patient or if a lower cost generic medication may be
available.
(7) According to a 2011 Congressional Budget Office report,
the average number of prescriptions written for newly approved
brand-name drugs with direct-to-consumer advertising was 9
times greater than the average number of prescriptions written
for newly approved brand-name drugs without direct-to-consumer
advertising.
(8) The Centers for Medicare & Medicaid Services is the
single largest drug payer in the United States. Between 2016
and 2018, 58 percent of the $560,000,000,000 in Medicare drug
spending was for advertised drugs, and in 2018 alone, the 20
most advertised drugs on television cost Medicare and Medicaid
a combined $34,000,000,000.
(9) A 2021 Government Accountability Office report found
that direct-to-consumer advertising may have contributed to
increases in Medicare beneficiary use and spending among
certain drugs.
(10) The American Medical Association has passed
resolutions supporting the requirement for price transparency
in any direct-to-consumer advertising, stating that such
advertisements on their own ``inflate demand for new and more
expensive drugs, even when these drugs may not be
appropriate''.
(11) A 2019 study published in the Journal of the American
Medical Association found that health care consumers
dramatically underestimate their out-of-pocket costs for
certain expensive medications, but once they learn the
wholesale acquisition cost (in this section referred to as the
``WAC'') of the product, they are far better able to
approximate their out-of-pocket costs.
(12) Approximately half of Americans have high-deductible
health plans, under which they often pay the list price of a
drug until their insurance deductible is met. All of the top
Medicare prescription drug plans use coinsurance rather than
fixed-dollar copayments for medications on nonpreferred drug
tiers, exposing beneficiaries to WAC prices.
(13) Section 119 of division CC of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) requires the
Secretary of Health and Human Services to increase the use of
real-time benefit tools to lower beneficiary costs. However,
there still remains a lack of available pricing tools so
patients may not learn of their medication's cost until after
being given a prescription for the medication. A 2013 study
published in The Oncologist found that one-quarter of all
cancer patients chose not to fill a prescription due to cost.
(14) The Federal Government already exercises its authority
to oversee certain aspects of direct-to-consumer drug
advertising, including required disclosures of information
related to side effects, contraindications, and effectiveness.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a lack of transparency in pricing for pharmaceuticals
has led to a lack of competition for such pharmaceuticals, as
evidenced by a finding by the Department of Health and Human
Services that ``Consumers of pharmaceuticals are currently
missing information that consumers of other products can more
readily access, namely the list price of the product, which
acts as a point of comparison when judging the reasonableness
of prices offered for potential substitute products'' (84 Fed.
Reg. 20735);
(2) in an age where price information is ubiquitous, the
prices of pharmaceuticals remain shrouded in secrecy and
limited to those who subscribe to expensive drug price
reporting services, which typically include pharmaceutical
manufacturers or other health care industry entities and not
the general public;
(3) greater insight and transparency into drug prices will
help consumers know if they can afford to complete a course of
therapy before deciding to initiate that course of therapy;
(4) price shopping is the mark of rational economic
behavior, and markets operate more efficiently when consumers
have relevant information about a product, including its price,
before making an informed decision about whether to buy that
product;
(5) providing consumers with basic price information may
result in the selection of lesser cost alternatives, all else
being equal relative to the patient's care, and is integral to
providing adequate competition in the market;
(6) the WAC is a factual, objective, and uncontroversial
definition for the list price of a medication, in that it is
defined in statute, reflects an understood place in the supply
chain, and is at the sole discretion of the manufacturer to
set;
(7) there is a governmental interest in ensuring that
consumers who seek to purchase pharmaceuticals for purposes of
promoting their health and safety understand the objective list
price of any pharmaceutical that they are encouraged through
advertisements to purchase, which allows consumers to make
informed purchasing decisions; and
(8) there is a governmental interest in mitigating wasteful
expenditures and promoting the efficient administration of the
Medicare program by slowing the growth of Federal spending on
prescription drugs.
SEC. 3. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS FOR DRUGS
AND BIOLOGICALS INCLUDE AN APPROPRIATE DISCLOSURE OF
PRICING INFORMATION.
Part A of title XI of the Social Security Act is amended by adding
at the end the following new section:
``SEC. 1150D. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS FOR
DRUGS AND BIOLOGICALS INCLUDE AN APPROPRIATE DISCLOSURE
OF PRICING INFORMATION.
``(a) Requirement.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall require that each direct-to-consumer advertisement for a
drug or biological for which payment is available under title
XVIII or XIX and which is required to include the information
relating to side effects, contraindications, and effectiveness
described in section 202.1(e)(1) of title 21, Code of Federal
Regulations (or any successor regulation) also include an
appropriate disclosure of pricing information, as described in
subsection (b), with respect to such drug or biological.
``(2) Exemption.--The requirement under paragraph (1) shall
not apply to a drug or biological for which the wholesale
acquisition cost for a 30-day supply of (or, if applicable, a
typical course of treatment for) such drug or biological is
less than $35.
``(b) Appropriate Disclosure of Pricing Information.--For the
purposes of subsection (a), an appropriate disclosure of pricing
information, with respect to a drug or biological, shall--
``(1) disclose the wholesale acquisition cost for a 30-day
supply of (or, if applicable, a typical course of treatment
for) such drug or biological; and
``(2) be presented clearly and conspicuously.
``(c) Rulemaking.--Not later than 1 year after the date of
enactment of this section, the Secretary, acting through the
Administrator of the Centers for Medicare and Medicaid Services, shall
promulgate final regulations to carry out this section, including--
``(1) the visual and audio components required to
communicate the wholesale acquisition cost in the appropriate
manner for the medium of the advertisement;
``(2) the reasonable amount of time a manufacturer has to
update any direct-to-consumer advertisement to reflect any
change to the wholesale acquisition cost of the advertised drug
or biological; and
``(3) the way in which a manufacturer may include a brief
statement explaining that certain consumers may pay a different
amount depending on their insurance coverage.
``(d) Sanctions.--Any manufacturer of a drug or biological, or an
agent of such manufacturer, that violates the requirement of this
section may be subject to a civil money penalty of not more than
$100,000 for each such violation. The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to civil money
penalties under the preceding sentence in the same manner as they apply
to a penalty or proceeding under section 1128A(a).
``(e) Public Reporting System.--In order to enforce the requirement
under this section, the Secretary may establish a public reporting
system--
``(1) to build awareness of such requirement; and
``(2) allow for reporting of manufacturers that fail to
comply with such requirement.
``(f) Definitions.--In this section:
``(1) Drug and biological.--The terms `drug' and
`biological' have the meaning given such terms in section
1861(t).
``(2) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for the purposes of carrying
out this section.''.
<all>
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118S1251 | First Step Implementation Act of 2023 | [
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[
"B0012... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1251 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1251
To reform sentencing laws and correctional institutions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. Whitehouse, Ms. Klobuchar,
Mr. Booker, Mr. Ossoff, Ms. Baldwin, Mr. Van Hollen, Mr. Wicker, Ms.
Lummis, and Mr. Brown) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform sentencing laws and correctional institutions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``First Step
Implementation Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SENTENCING REFORM
Sec. 101. Application of First Step Act.
Sec. 102. Modifying safety valve for drug offenses.
TITLE II--CORRECTIONS REFORM
Sec. 201. Parole for juveniles.
Sec. 202. Juvenile sealing and expungement.
Sec. 203. Ensuring accuracy of Federal criminal records.
TITLE I--SENTENCING REFORM
SEC. 101. APPLICATION OF FIRST STEP ACT.
(a) Definitions.--In this section--
(1) the term ``covered offense'' means--
(A) a violation of a Federal criminal statute, the
statutory penalties for which were modified by section
401 or 403 of the First Step Act of 2018 (Public Law
115-391; 132 Stat. 5220), that was committed on or
before December 21, 2018; or
(B) a violation of a Federal criminal statute, the
statutory penalties for which are modified by
subsection (b) of this section; and
(2) the term ``serious violent felony'' has the meaning
given that term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(b) Amendments.--
(1) In general.--
(A) Controlled substances act.--Section 401(b) of
the Controlled Substances Act (21 U.S.C. 841(b)) is
amended--
(i) in paragraph (1)--
(I) in subparagraph (C), by
striking ``felony drug offense'' and
inserting ``serious drug felony or
serious violent felony'';
(II) in subparagraph (D), by
striking ``felony drug offense'' and
inserting ``serious drug felony or
serious violent felony''; and
(III) in subparagraph (E)(ii), by
striking ``felony drug offense'' and
inserting ``serious drug felony or
serious violent felony'';
(ii) in paragraph (2), by striking ``felony
drug offense'' and inserting ``serious drug
felony or serious violent felony''; and
(iii) in paragraph (3), by striking
``felony drug offense'' and inserting ``serious
drug felony or serious violent felony''.
(B) Controlled substances import and export act.--
Section 1010(b)(3) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(3)) is amended by
striking ``felony drug offense'' and inserting
``serious drug felony or serious violent felony''.
(2) Pending cases.--This subsection, and the amendments
made by this subsection, shall apply to any sentence imposed on
or after the date of enactment of this Act, regardless of when
the offense was committed.
(c) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 401 and 403 of the
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5220) and the
amendments made by subsection (b) of this section were in effect at the
time the covered offense was committed if, after considering the
factors set forth in section 3553(a) of title 18, United States Code,
the nature and seriousness of the danger to any person, the community,
or any crime victims, and the post-sentencing conduct of the defendant,
the sentencing court finds a reduction is consistent with the
amendments made by section 401 or 403 of the First Step Act of 2018
(Public Law 115-391; 132 Stat. 5220) or with subsection (b) of this
section.
(d) Crime Victims.--Any proceeding under this section shall be
subject to section 3771 of title 18, United States Code (commonly known
as the ``Crime Victims' Rights Act'').
(e) Requirement.--For each motion filed under subsection (c), the
Government shall conduct a particularized inquiry of the facts and
circumstances of the original sentencing of the defendant in order to
assess whether a reduction in sentence would be consistent with the
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5194) and the
amendments made by that Act, including a review of any prior criminal
conduct or any other relevant information from Federal, State, and
local authorities.
SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES.
(a) Amendments.--Section 3553 of title 18, United States Code, is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Inadequacy of Criminal History.--
``(1) In general.--If subsection (f) does not apply to a
defendant because the defendant does not meet the requirements
described in subsection (f)(1) (relating to criminal history),
the court may, upon prior notice to the Government, waive
subsection (f)(1) if the court specifies in writing the
specific reasons why reliable information indicates that
excluding the defendant pursuant to subsection (f)(1)
substantially overrepresents the seriousness of the defendant's
criminal history or the likelihood that the defendant will
commit other crimes.
``(2) Prohibition.--This subsection shall not apply to any
defendant who has been convicted of a serious drug felony or a
serious violent felony, as those terms are defined in section
102 of the Controlled Substances Act (21 U.S.C. 802).''.
TITLE II--CORRECTIONS REFORM
SEC. 201. PAROLE FOR JUVENILES.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for
violations of law committed prior to age 18
``(a) In General.--Notwithstanding any other provision of law, a
court may reduce a term of imprisonment imposed upon a defendant
convicted as an adult for an offense committed and completed before the
defendant attained 18 years of age if--
``(1) the defendant has served not less than 20 years in
custody for the offense; and
``(2) the court finds, after considering the factors set
forth in subsection (c), that the defendant is not a danger to
the safety of any person or the community and that the
interests of justice warrant a sentence modification.
``(b) Supervised Release.--Any defendant whose sentence is reduced
pursuant to subsection (a) shall be ordered to serve a period of
supervised release of not less than 5 years following release from
imprisonment. The conditions of supervised release and any modification
or revocation of the term of supervise release shall be in accordance
with section 3583.
``(c) Factors and Information To Be Considered in Determining
Whether To Modify a Term of Imprisonment.--The court, in determining
whether to reduce a term of imprisonment pursuant to subsection (a),
shall consider--
``(1) the factors described in section 3553(a), including
the nature of the offense and the history and characteristics
of the defendant;
``(2) the age of the defendant at the time of the offense;
``(3) a report and recommendation of the Bureau of Prisons,
including information on whether the defendant has
substantially complied with the rules of each institution in
which the defendant has been confined and whether the defendant
has completed any educational, vocational, or other prison
program, where available;
``(4) a report and recommendation of the United States
attorney for any district in which an offense for which the
defendant is imprisoned was prosecuted;
``(5) whether the defendant has demonstrated maturity,
rehabilitation, and a fitness to reenter society sufficient to
justify a sentence reduction;
``(6) any statement, which may be presented orally or
otherwise, by any victim of an offense for which the defendant
is imprisoned or by a family member of the victim if the victim
is deceased;
``(7) any report from a physical, mental, or psychiatric
examination of the defendant conducted by a licensed health
care professional;
``(8) the family and community circumstances of the
defendant at the time of the offense, including any history of
abuse, trauma, or involvement in the child welfare system;
``(9) the extent of the role of the defendant in the
offense and whether, and to what extent, an adult was involved
in the offense;
``(10) the diminished culpability of juveniles as compared
to that of adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate
risks and consequences, which counsel against sentencing
juveniles to the otherwise applicable term of imprisonment; and
``(11) any other information the court determines relevant
to the decision of the court.
``(d) Limitation on Applications Pursuant to This Section.--
``(1) Second application.--Not earlier than 5 years after
the date on which an order entered by a court on an initial
application under this section becomes final, a court shall
entertain a second application by the same defendant under this
section.
``(2) Final application.--Not earlier than 5 years after
the date on which an order entered by a court on a second
application under paragraph (1) becomes final, a court shall
entertain a final application by the same defendant under this
section.
``(3) Prohibition.--A court may not entertain an
application filed after an application filed under paragraph
(2) by the same defendant.
``(e) Procedures.--
``(1) Notice.--The Bureau of Prisons shall provide written
notice of this section to--
``(A) any defendant who has served not less than 19
years in prison for an offense committed and completed
before the defendant attained 18 years of age for which
the defendant was convicted as an adult; and
``(B) the sentencing court, the United States
attorney, and the Federal Public Defender or Executive
Director of the Community Defender Organization for the
judicial district in which the sentence described in
subparagraph (A) was imposed.
``(2) Crime victims' rights.--Upon receiving notice under
paragraph (1), the United States attorney shall provide any
notifications required under section 3771.
``(3) Application.--
``(A) In general.--An application for a sentence
reduction under this section shall be filed as a motion
to reduce the sentence of the defendant and may include
affidavits or other written material.
``(B) Requirement.--A motion to reduce a sentence
under this section shall be filed with the sentencing
court and a copy shall be served on the United States
attorney for the judicial district in which the
sentence was imposed.
``(4) Expanding the record; hearing.--
``(A) Expanding the record.--After the filing of a
motion to reduce a sentence under this section, the
court may direct the parties to expand the record by
submitting additional written materials relating to the
motion.
``(B) Hearing.--
``(i) In general.--The court shall conduct
a hearing on the motion, at which the defendant
and counsel for the defendant shall be given
the opportunity to be heard.
``(ii) Evidence.--In a hearing under this
section, the court may allow parties to present
evidence.
``(iii) Defendant's presence.--At a hearing
under this section, the defendant shall be
present unless the defendant waives the right
to be present. The requirement under this
clause may be satisfied by the defendant
appearing by video teleconference.
``(iv) Counsel.--A defendant who is unable
to obtain counsel is entitled to have counsel
appointed to represent the defendant for
proceedings under this section, including any
appeal, unless the defendant waives the right
to counsel.
``(v) Findings.--The court shall state in
open court, and file in writing, the reasons
for granting or denying a motion under this
section.
``(C) Appeal.--The Government or the defendant may
file a notice of appeal in the district court for
review of a final order under this section. The time
limit for filing such appeal shall be governed by rule
4(a) of the Federal Rules of Appellate Procedure.
``(f) Educational and Rehabilitative Programs.--A defendant who is
convicted and sentenced as an adult for an offense committed and
completed before the defendant attained 18 years of age may not be
deprived of any educational, training, or rehabilitative program that
is otherwise available to the general prison population.''.
(b) Table of Sections.--The table of sections for chapter 403 of
title 18, United States Code, is amended by inserting after the item
relating to section 5032 the following:
``5032A. Modification of an imposed term of imprisonment for violations
of law committed prior to age 18.''.
(c) Applicability.--The amendments made by this section shall apply
to any conviction entered before, on, or after the date of enactment of
this Act.
SEC. 202. JUVENILE SEALING AND EXPUNGEMENT.
(a) Purpose.--The purpose of this section is to--
(1) protect children and adults against damage stemming
from their juvenile acts and subsequent juvenile delinquency
records, including law enforcement, arrest, and court records;
and
(2) prevent the unauthorized use or disclosure of
confidential juvenile delinquency records and any potential
employment, financial, psychological, or other harm that would
result from such unauthorized use or disclosure.
(b) Definitions.--Section 5031 of title 18, United States Code, is
amended to read as follows:
``Sec. 5031. Definitions
``In this chapter--
``(1) the term `adjudication' means a determination by a
judge that a person committed an act of juvenile delinquency;
``(2) the term `conviction' means a judgment or disposition
in criminal court against a person following a finding of guilt
by a judge or jury;
``(3) the term `destroy' means to render a file unreadable,
whether paper, electronic, or otherwise stored, by shredding,
pulverizing, pulping, incinerating, overwriting, reformatting
the media, or other means;
``(4) the term `expunge' means to destroy a record and
obliterate the name of the person to whom the record pertains
from each official index or public record;
``(5) the term `expungement hearing' means a hearing held
under section 5045(b)(2)(B);
``(6) the term `expungement petition' means a petition for
expungement filed under section 5045(b);
``(7) the term `high-risk, public trust position' means a
position designated as a public trust position under section
731.106(b) of title 5, Code of Federal Regulations, or any
successor regulation;
``(8) the term `juvenile' means--
``(A) except as provided in subparagraph (B), a
person who has not attained the age of 18 years; and
``(B) for the purpose of proceedings and
disposition under this chapter for an alleged act of
juvenile delinquency, a person who has not attained the
age of 21 years;
``(9) the term `juvenile delinquency' means the violation
of a law of the United States committed by a person before
attaining the age of 18 years which would have been a crime if
committed by an adult, or a violation by such a person of
section 922(x);
``(10) the term `juvenile nonviolent offense' means--
``(A) in the case of an arrest or an adjudication
that is dismissed or finds the juvenile to be not
delinquent, an act of juvenile delinquency that is
not--
``(i) a criminal homicide, forcible rape or
any other sex offense (as defined in section
111 of the Sex Offender Registration and
Notification Act (34 U.S.C. 20911)),
kidnapping, aggravated assault, robbery,
burglary of an occupied structure, arson, or a
drug trafficking crime in which a firearm was
used; or
``(ii) a Federal crime of terrorism (as
defined in section 2332b(g)); and
``(B) in the case of an adjudication that finds the
juvenile to be delinquent, an act of juvenile
delinquency that is not--
``(i) described in clause (i) or (ii) of
subparagraph (A); or
``(ii) a misdemeanor crime of domestic
violence (as defined in section 921(a)(33));
``(11) the term `juvenile record'--
``(A) means a record maintained by a court, the
probation system, a law enforcement agency, or any
other government agency, of the juvenile delinquency
proceedings of a person;
``(B) includes--
``(i) a juvenile legal file, including a
formal document such as a petition, notice,
motion, legal memorandum, order, or decree;
``(ii) a social record, including--
``(I) a record of a probation
officer;
``(II) a record of any government
agency that keeps records relating to
juvenile delinquency;
``(III) a medical record;
``(IV) a psychiatric or
psychological record;
``(V) a birth certificate;
``(VI) an education record,
including an individualized education
plan;
``(VII) a detention record;
``(VIII) demographic information
that identifies a juvenile or the
family of a juvenile; or
``(IX) any other record that
includes personally identifiable
information that may be associated with
a juvenile delinquency proceeding, an
act of juvenile delinquency, or an
alleged act of juvenile delinquency;
and
``(iii) a law enforcement record, including
a photograph or a State criminal justice
information system record; and
``(C) does not include--
``(i) fingerprints; or
``(ii) a DNA sample;
``(12) the term `petitioner' means a person who files an
expungement petition or a sealing petition;
``(13) the term `seal' means--
``(A) to close a record from public viewing so that
the record cannot be examined except by court order;
and
``(B) to physically seal the record shut and label
the record `SEALED' or, in the case of an electronic
record, the substantive equivalent;
``(14) the term `sealing hearing' means a hearing held
under section 5044(b)(2)(B); and
``(15) the term `sealing petition' means a petition for a
sealing order filed under section 5044(b).''.
(c) Confidentiality.--Section 5038 of title 18, United States Code,
is amended--
(1) in subsection (a), in the flush text following
paragraph (6), by inserting after ``bonding,'' the following:
``participation in an educational system,''; and
(2) in subsection (b), by striking ``District courts
exercising jurisdiction over any juvenile'' and inserting the
following: ``Not later than 7 days after the date on which a
district court exercises jurisdiction over a juvenile, the
district court''.
(d) Sealing; Expungement.--
(1) In general.--Chapter 403 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 5044. Sealing
``(a) Automatic Sealing of Nonviolent Offenses.--
``(1) In general.--Three years after the date on which a
person who is adjudicated delinquent under this chapter for a
juvenile nonviolent offense completes every term of probation,
official detention, or juvenile delinquent supervision ordered
by the court with respect to the offense, the court shall order
the sealing of each juvenile record or portion thereof that
relates to the offense if the person--
``(A) has not been convicted of a crime or
adjudicated delinquent for an act of juvenile
delinquency since the date of the disposition; and
``(B) is not engaged in active criminal court
proceedings or juvenile delinquency proceedings.
``(2) Automatic nature of sealing.--The order of sealing
under paragraph (1) shall require no action by the person whose
juvenile records are to be sealed.
``(3) Notice of automatic sealing.--A court that orders the
sealing of a juvenile record of a person under paragraph (1)
shall, in writing, inform the person of the sealing and the
benefits of sealing the record.
``(b) Petitioning for Early Sealing of Nonviolent Offenses.--
``(1) Right to file sealing petition.--
``(A) In general.--During the 3-year period
beginning on the date on which a person who is
adjudicated delinquent under this chapter for a
juvenile nonviolent offense completes every term of
probation, official detention, or juvenile delinquent
supervision ordered by the court with respect to the
offense, the person may petition the court to seal the
juvenile records that relate to the offense, unless the
person--
``(i) has been convicted of a crime or
adjudicated delinquent for an act of juvenile
delinquency since the date of the disposition;
or
``(ii) is engaged in active criminal court
proceedings or juvenile delinquency
proceedings.
``(B) Notice of opportunity to file petition.--If a
person is adjudicated delinquent for a juvenile
nonviolent offense, the court in which the person is
adjudicated delinquent shall, in writing, inform the
person of the potential eligibility of the person to
file a sealing petition with respect to the offense
upon completing every term of probation, official
detention, or juvenile delinquent supervision ordered
by the court with respect to the offense, and the
necessary procedures for filing the sealing petition--
``(i) on the date on which the individual
is adjudicated delinquent; and
``(ii) on the date on which the individual
has completed every term of probation, official
detention, or juvenile delinquent supervision
ordered by the court with respect to the
offense.
``(2) Procedures.--
``(A) Notification to prosecutor.--If a person
files a sealing petition with respect to a juvenile
nonviolent offense, the court in which the petition is
filed shall provide notice of the petition--
``(i) to the Attorney General; and
``(ii) upon the request of the petitioner,
to any other individual that the petitioner
determines may testify as to--
``(I) the conduct of the petitioner
since the date of the offense; or
``(II) the reasons that the sealing
order should be entered.
``(B) Hearing.--
``(i) In general.--If a person files a
sealing petition, the court shall--
``(I) except as provided in clause
(iii), conduct a hearing in accordance
with clause (ii); and
``(II) determine whether to enter a
sealing order for the person in
accordance with subparagraph (C).
``(ii) Opportunity to testify and offer
evidence.--
``(I) Petitioner.--The petitioner
may testify or offer evidence at the
sealing hearing in support of sealing.
``(II) Prosecutor.--The Attorney
General may send a representative to
testify or offer evidence at the
sealing hearing in support of or
against sealing.
``(III) Other individuals.--An
individual who receives notice under
subparagraph (A)(ii) may testify or
offer evidence at the sealing hearing
as to the issues described in
subclauses (I) and (II) of that
subparagraph.
``(iii) Waiver of hearing.--If the
petitioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall
determine whether to grant the sealing petition after
considering--
``(i) the sealing petition and any
documents in the possession of the court;
``(ii) all the evidence and testimony
presented at the sealing hearing, if such a
hearing is conducted;
``(iii) the best interests of the
petitioner;
``(iv) the age of the petitioner during his
or her contact with the court or any law
enforcement agency;
``(v) the nature of the juvenile nonviolent
offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(viii) the length of the time period
during which the petitioner has been without
contact with any court or law enforcement
agency;
``(ix) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(x) the adverse consequences the
petitioner may suffer if the petition is not
granted.
``(D) Waiting period after denial.--If the court
denies a sealing petition, the petitioner may not file
a new sealing petition with respect to the same
juvenile nonviolent offense until the date that is 2
years after the date of the denial.
``(E) Universal form.--The Director of the
Administrative Office of the United States Courts shall
create a universal form, available over the internet
and in paper form, that an individual may use to file a
sealing petition.
``(F) No fee for indigent petitioners.--If the
court determines that the petitioner is indigent, there
shall be no cost for filing a sealing petition.
``(G) Reporting.--Not later than 2 years after the
date of enactment of this section, and each year
thereafter, the Director of the Administrative Office
of the United States Courts shall issue a public report
that--
``(i) describes--
``(I) the number of sealing
petitions granted and denied under this
subsection; and
``(II) the number of instances in
which the Attorney General supported or
opposed a sealing petition;
``(ii) includes any supporting data that
the Director determines relevant and that does
not name any petitioner; and
``(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The
district court shall appoint counsel in
accordance with the plan of the district court
in operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the
case of a petitioner who is not less
than 18 years of age, the district
court may, in its discretion, appoint
counsel in accordance with the plan of
the district court in operation under
section 3006A to represent the
petitioner for purposes of this
subsection.
``(II) Considerations.--In
determining whether to appoint counsel
under subclause (I), the court shall
consider--
``(aa) the anticipated
complexity of the sealing
hearing, including the number
and type of witnesses called to
advocate against the sealing of
the records of the petitioner;
and
``(bb) the potential for
adverse testimony by a victim
or a representative of the
Attorney General.
``(c) Effect of Sealing Order.--
``(1) Protection from disclosure.--Except as provided in
paragraphs (3) and (4), if a court orders the sealing of a
juvenile record of a person under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the proceedings in
the case shall be deemed never to have occurred, and the person
may properly reply accordingly to any inquiry about the events
the records of which are ordered sealed.
``(2) Verification of sealing.--If a court orders the
sealing of a juvenile record under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the court shall--
``(A) send a copy of the sealing order to each
entity or person known to the court that possesses a
record relating to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or
detention facility;
``(B) in the sealing order, require each entity or
person described in subparagraph (A) to--
``(i) seal the record; and
``(ii) submit a written certification to
the court, under penalty of perjury, that the
entity or person has sealed each paper and
electronic copy of the record;
``(C) seal each paper and electronic copy of the
record in the possession of the court; and
``(D) after receiving a written certification from
each entity or person under subparagraph (B)(ii),
notify the petitioner that each entity or person
described in subparagraph (A) has sealed each paper and
electronic copy of the record.
``(3) Law enforcement access to sealed records.--
``(A) In general.--Except as provided in
subparagraph (B), a law enforcement agency may access a
sealed juvenile record in the possession of the agency
or another law enforcement agency solely--
``(i) to determine whether the person who
is the subject of the record is a nonviolent
offender eligible for a first-time-offender
diversion program;
``(ii) for investigatory or prosecutorial
purposes; or
``(iii) for a background check that relates
to--
``(I) law enforcement employment;
or
``(II) any position that a Federal
agency designates as a--
``(aa) national security
position; or
``(bb) high-risk, public
trust position.
``(B) Transition period.--During the 1-year period
beginning on the date on which a court orders the
sealing of a juvenile record under this section, a law
enforcement agency may, for law enforcement purposes,
access the record if the record is in the possession of
the agency or another law enforcement agency.
``(4) Prohibition on disclosure.--
``(A) Prohibition.--Except as provided in
subparagraph (C), it shall be unlawful to intentionally
make or attempt to make an unauthorized disclosure of
any information from a sealed juvenile record in
violation of this section.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be fined under this title,
imprisoned for not more than 1 year, or both.
``(C) Exceptions.--
``(i) Background checks.--In the case of a
background check for law enforcement employment
or for any employment that requires a
government security clearance--
``(I) a person who is the subject
of a juvenile record sealed under this
section shall disclose the contents of
the record; and
``(II) a law enforcement agency
that possesses a juvenile record sealed
under this section--
``(aa) may disclose the
contents of the record; and
``(bb) if the agency
obtains or is subject to a
court order authorizing
disclosure of the record, may
disclose the record.
``(ii) Disclosure to armed forces.--A
person, including a law enforcement agency that
possesses a juvenile record sealed under this
section, may disclose information from a
juvenile record sealed under this section to
the Secretaries of the military departments (or
the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as
a service in the Navy) for the purpose of
vetting an enlistment or commission, or with
regard to any member of the Armed Forces.
``(iii) Criminal and juvenile
proceedings.--A prosecutor or other law
enforcement officer may disclose information
from a juvenile record sealed under this
section, and a person who is the subject of a
juvenile record sealed under this section may
be required to testify or otherwise disclose
information about the record, in a criminal or
other proceeding if such disclosure is required
by the Constitution of the United States, the
constitution of a State, or a Federal or State
statute or rule.
``(iv) Authorization for person to disclose
own record.--A person who is the subject of a
juvenile record sealed under this section may
choose to disclose the record.
``(d) Limitation Relating to Subsequent Incidents.--
``(1) After filing and before petition granted.--If, after
the date on which a person files a sealing petition with
respect to a juvenile offense and before the court determines
whether to grant the petition, the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings or
juvenile delinquency proceedings, the court shall deny the
petition.
``(2) After petition granted.--If, on or after the date on
which a court orders the sealing of a juvenile record of a
person under subsection (b), the person is convicted of a crime
or adjudicated delinquent for an act of juvenile delinquency--
``(A) the court shall--
``(i) vacate the order; and
``(ii) notify the person who is the subject
of the juvenile record, and each entity or
person described in subsection (c)(2)(A), that
the order has been vacated; and
``(B) the record shall no longer be sealed.
``(e) Inclusion of State Juvenile Delinquency Adjudications and
Proceedings.--For purposes of subparagraphs (A) and (B) of subsection
(a)(1), clauses (i) and (ii) of subsection (b)(1)(A), subsection
(b)(2)(C)(ix), and paragraphs (1) and (2) of subsection (d), the term
`juvenile delinquency' includes the violation of a law of a State
committed by a person before attaining the age of 18 years which would
have been a crime if committed by an adult.
``Sec. 5045. Expungement
``(a) Automatic Expungement of Certain Records.--
``(1) Attorney general motion.--
``(A) Nonviolent offenses committed before a person
turned 15.--If a person is adjudicated delinquent under
this chapter for a juvenile nonviolent offense
committed before the person attained 15 years of age
and completes every term of probation, official
detention, or juvenile delinquent supervision ordered
by the court with respect to the offense before
attaining 18 years of age, on the date on which the
person attains 18 years of age, the Attorney General
shall file a motion in the district court of the United
States in which the person was adjudicated delinquent
requesting that each juvenile record of the person that
relates to the offense be expunged.
``(B) Arrests.--If a juvenile is arrested by a
Federal law enforcement agency for a juvenile
nonviolent offense for which a juvenile delinquency
proceeding is not instituted under this chapter, and
for which the United States does not proceed against
the juvenile as an adult in a district court of the
United States, the Attorney General shall file a motion
in the district court of the United States that would
have had jurisdiction of the proceeding requesting that
each juvenile record relating to the arrest be
expunged.
``(C) Expungement order.--Upon the filing of a
motion in a district court of the United States with
respect to a juvenile nonviolent offense under
subparagraph (A) or an arrest for a juvenile nonviolent
offense under subparagraph (B), the court shall grant
the motion and order that each juvenile record relating
to the offense or arrest, as applicable, be expunged.
``(2) Dismissed cases.--If a district court of the United
States dismisses an information with respect to a juvenile
under this chapter or finds a juvenile not to be delinquent in
a juvenile delinquency proceeding under this chapter, the court
shall concurrently order that each juvenile record relating to
the applicable proceeding be expunged.
``(3) Automatic nature of expungement.--An order of
expungement under paragraph (1)(C) or (2) shall not require any
action by the person whose records are to be expunged.
``(4) Notice of automatic expungement.--A court that orders
the expungement of a juvenile record of a person under
paragraph (1)(C) or (2) shall, in writing, inform the person of
the expungement and the benefits of expunging the record.
``(b) Petitioning for Expungement of Nonviolent Offenses.--
``(1) In general.--A person who is adjudicated delinquent
under this chapter for a juvenile nonviolent offense committed
on or after the date on which the person attained 15 years of
age may petition the court in which the proceeding took place
to order the expungement of the juvenile record that relates to
the offense unless the person--
``(A) has been convicted of a crime or adjudicated
delinquent for an act of juvenile delinquency since the
date of the disposition;
``(B) is engaged in active criminal court
proceedings or juvenile delinquency proceedings; or
``(C) has had not less than 2 adjudications of
delinquency previously expunged under this section.
``(2) Procedures.--
``(A) Notification of prosecutor and victims.--If a
person files an expungement petition with respect to a
juvenile nonviolent offense, the court in which the
petition is filed shall provide notice of the
petition--
``(i) to the Attorney General; and
``(ii) upon the request of the petitioner,
to any other individual that the petitioner
determines may testify as to--
``(I) the conduct of the petitioner
since the date of the offense; or
``(II) the reasons that the
expungement order should be entered.
``(B) Hearing.--
``(i) In general.--If a person files an
expungement petition, the court shall--
``(I) except as provided in clause
(iii), conduct a hearing in accordance
with clause (ii); and
``(II) determine whether to enter
an expungement order for the person in
accordance with subparagraph (C).
``(ii) Opportunity to testify and offer
evidence.--
``(I) Petitioner.--The petitioner
may testify or offer evidence at the
expungement hearing in support of
expungement.
``(II) Prosecutor.--The Attorney
General may send a representative to
testify or offer evidence at the
expungement hearing in support of or
against expungement.
``(III) Other individuals.--An
individual who receives notice under
subparagraph (A)(ii) may testify or
offer evidence at the expungement
hearing as to the issues described in
subclauses (I) and (II) of that
subparagraph.
``(iii) Waiver of hearing.--If the
petitioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall
determine whether to grant an expungement petition
after considering--
``(i) the petition and any documents in the
possession of the court;
``(ii) all the evidence and testimony
presented at the expungement hearing, if such a
hearing is conducted;
``(iii) the best interests of the
petitioner;
``(iv) the age of the petitioner during his
or her contact with the court or any law
enforcement agency;
``(v) the nature of the juvenile nonviolent
offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(viii) the length of the time period
during which the petitioner has been without
contact with any court or any law enforcement
agency;
``(ix) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(x) the adverse consequences the
petitioner may suffer if the petition is not
granted.
``(D) Waiting period after denial.--If the court
denies an expungement petition, the petitioner may not
file a new expungement petition with respect to the
same offense until the date that is 2 years after the
date of the denial.
``(E) Universal form.--The Director of the
Administrative Office of the United States Courts shall
create a universal form, available over the internet
and in paper form, that an individual may use to file
an expungement petition.
``(F) No fee for indigent petitioners.--If the
court determines that the petitioner is indigent, there
shall be no cost for filing an expungement petition.
``(G) Reporting.--Not later than 2 years after the
date of enactment of this section, and each year
thereafter, the Director of the Administrative Office
of the United States Courts shall issue a public report
that--
``(i) describes--
``(I) the number of expungement
petitions granted and denied under this
subsection; and
``(II) the number of instances in
which the Attorney General supported or
opposed an expungement petition;
``(ii) includes any supporting data that
the Director determines relevant and that does
not name any petitioner; and
``(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The
district court shall appoint counsel in
accordance with the plan of the district court
in operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the
case of a petitioner who is not less
than 18 years of age, the district
court may, in its discretion, appoint
counsel in accordance with the plan of
the district court in operation under
section 3006A to represent the
petitioner for purposes of this
subsection.
``(II) Considerations.--In
determining whether to appoint counsel
under subclause (I), the court shall
consider--
``(aa) the anticipated
complexity of the expungement
hearing, including the number
and type of witnesses called to
advocate against the
expungement of the records of
the petitioner; and
``(bb) the potential for
adverse testimony by a victim
or a representative of the
Attorney General.
``(c) Effect of Expunged Juvenile Record.--
``(1) Protection from disclosure.--Except as provided in
paragraphs (4) through (8), if a court orders the expungement
of a juvenile record of a person under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the proceedings
in the case shall be deemed never to have occurred, and the
person may properly reply accordingly to any inquiry about the
events the records of which are ordered expunged.
``(2) Verification of expungement.--If a court orders the
expungement of a juvenile record under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the court
shall--
``(A) send a copy of the expungement order to each
entity or person known to the court that possesses a
record relating to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or
detention facility;
``(B) in the expungement order--
``(i) require each entity or person
described in subparagraph (A) to--
``(I) seal the record for 1 year
and, during that 1-year period, apply
paragraphs (3) and (4) of section
5044(c) with respect to the record;
``(II) on the date that is 1 year
after the date of the order, destroy
the record unless a subsequent incident
described in subsection (d)(2) occurs;
and
``(III) submit a written
certification to the court, under
penalty of perjury, that the entity or
person has destroyed each paper and
electronic copy of the record; and
``(ii) explain that if a subsequent
incident described in subsection (d)(2) occurs,
the order shall be vacated and the record shall
no longer be sealed;
``(C) on the date that is 1 year after the date of
the order, destroy each paper and electronic copy of
the record in the possession of the court unless a
subsequent incident described in subsection (d)(2)
occurs; and
``(D) after receiving a written certification from
each entity or person under subparagraph (B)(i)(III),
notify the petitioner that each entity or person
described in subparagraph (A) has destroyed each paper
and electronic copy of the record.
``(3) Reply to inquiries.--On and after the date that is 1
year after the date on which a court orders the expungement of
a juvenile record of a person under this section, in the case
of an inquiry relating to the juvenile record, the court, each
law enforcement officer, any agency that provided treatment or
rehabilitation services to the person, and the person (except
as provided in paragraphs (4) through (8)) shall reply to the
inquiry that no such juvenile record exists.
``(4) Civil actions.--
``(A) In general.--On and after the date on which a
court orders the expungement of a juvenile record of a
person under this section, if the person brings an
action against a law enforcement agency that arrested,
or participated in the arrest of, the person for the
offense to which the record relates, or against the
State or political subdivision of a State of which the
law enforcement agency is an agency, in which the
contents of the record are relevant to the resolution
of the issues presented in the action, there shall be a
rebuttable presumption that the defendant has a
complete defense to the action.
``(B) Showing by plaintiff.--In an action described
in subparagraph (A), the plaintiff may rebut the
presumption of a complete defense by showing that the
contents of the expunged record would not prevent the
defendant from being held liable.
``(C) Duty to testify as to existence of record.--
The court in which an action described in subparagraph
(A) is filed may require the plaintiff to state under
oath whether the plaintiff had a juvenile record and
whether the record was expunged.
``(D) Proof of existence of juvenile record.--If
the plaintiff in an action described in subparagraph
(A) denies the existence of a juvenile record, the
defendant may prove the existence of the record in any
manner compatible with the applicable laws of evidence.
``(5) Criminal and juvenile proceedings.--On and after the
date that is 1 year after the date on which a court orders the
expungement of a juvenile record under this section, a
prosecutor or other law enforcement officer may disclose
underlying information from the juvenile record, and the person
who is the subject of the juvenile record may be required to
testify or otherwise disclose information about the record, in
a criminal or other proceeding if such disclosure is required
by the Constitution of the United States, the constitution of a
State, or a Federal or State statute or rule.
``(6) Background checks.--On and after the date that is 1
year after the date on which a court orders the expungement of
a juvenile record under this section, in the case of a
background check for law enforcement employment or for any
employment that requires a government security clearance, the
person who is the subject of the juvenile record may be
required to disclose underlying information from the record.
``(7) Disclosure to armed forces.--On and after the date
that is 1 year after the date on which a court orders the
expungement of a juvenile record under this section, a person,
including a law enforcement agency that possessed such a
juvenile record, may be required to disclose underlying
information from the record to the Secretaries of the military
departments (or the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the
Navy) for the purpose of vetting an enlistment or commission,
or with regard to any member of the Armed Forces.
``(8) Authorization for person to disclose own record.--A
person who is the subject of a juvenile record expunged under
this section may choose to disclose the record.
``(9) Treatment as sealed record during transition
period.--During the 1-year period beginning on the date on
which a court orders the expungement of a juvenile record under
this section, paragraphs (3) and (4) of section 5044(c) shall
apply with respect to the record as if the record had been
sealed under that section.
``(d) Limitation Relating to Subsequent Incidents.--
``(1) After filing and before petition granted.--If, after
the date on which a person files an expungement petition with
respect to a juvenile offense and before the court determines
whether to grant the petition, the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings or
juvenile delinquency proceedings, the court shall deny the
petition.
``(2) After petition granted.--If, on or after the date on
which a court orders the expungement of a juvenile record of a
person under subsection (b), the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings or
juvenile delinquency proceedings--
``(A) the court that ordered the expungement
shall--
``(i) vacate the order; and
``(ii) notify the person who is the subject
of the juvenile record, and each entity or
person described in subsection (c)(2)(A), that
the order has been vacated; and
``(B) the record--
``(i) shall not be expunged; or
``(ii) if the record has been expunged
because 1 year has elapsed since the date of
the expungement order, shall not be treated as
having been expunged.
``(e) Inclusion of State Juvenile Delinquency Adjudications and
Proceedings.--For purposes of subparagraphs (A) and (B) of subsection
(b)(1), subsection (b)(2)(C)(ix), and paragraphs (1) and (2) of
subsection (d), the term `juvenile delinquency' includes the violation
of a law of a State committed by a person before attaining the age of
18 years which would have been a crime if committed by an adult.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``5044. Sealing.
``5045. Expungement.''.
(3) Applicability.--Sections 5044 and 5045 of title 18,
United States Code, as added by paragraph (1), shall apply with
respect to a juvenile nonviolent offense (as defined in section
5031 of such title, as amended by subsection (b)) that is
committed or alleged to have been committed before, on, or
after the date of enactment of this Act.
(e) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to authorize the sealing or expungement of a
record of a criminal conviction of a juvenile who was proceeded against
as an adult in a district court of the United States.
SEC. 203. ENSURING ACCURACY OF FEDERAL CRIMINAL RECORDS.
(a) In General.--Section 534 of title 28, United States Code, is
amended by adding at the end the following:
``(g) Ensuring Accuracy of Federal Criminal Records.--
``(1) Definitions.--
``(A) In general.--In this subsection--
``(i) the term `applicant' means the
individual to whom a record sought to be
exchanged pertains;
``(ii) the term `high-risk, public trust
position' means a position designated as a
public trust position under section 731.106(b)
of title 5, Code of Federal Regulations, or any
successor regulation;
``(iii) the term `incomplete', with respect
to a record, means the record--
``(I) indicates that an individual
was arrested but does not describe the
offense for which the individual was
arrested; or
``(II) indicates that an individual
was arrested or criminal proceedings
were instituted against an individual
but does not include the final
disposition of the arrest or of the
proceedings if a final disposition has
been reached;
``(iv) the term `record' means a record or
other information collected under this section
that relates to--
``(I) an arrest by a Federal law
enforcement officer; or
``(II) a Federal criminal
proceeding;
``(v) the term `reporting jurisdiction'
means any person or entity that provides a
record to the Attorney General under this
section; and
``(vi) the term `requesting entity'--
``(I) means a person or entity that
seeks the exchange of a record for
civil purposes that include employment,
housing, credit, or any other type of
application; and
``(II) does not include a law
enforcement or intelligence agency that
seeks the exchange of a record for--
``(aa) investigative
purposes; or
``(bb) purposes relating to
law enforcement employment.
``(B) Rule of construction.--The definition of the
term `requesting entity' under subparagraph (A) shall
not be construed to authorize access to records that is
not otherwise authorized by law.
``(2) Incomplete or inaccurate records.--The Attorney
General shall establish and enforce procedures to ensure the
prompt release of accurate records exchanged for employment-
related purposes through the records system created under this
section.
``(3) Required procedures.--The procedures established
under paragraph (2) shall include the following:
``(A) Inaccurate record or information.--If the
Attorney General determines that a record is
inaccurate, the Attorney General shall promptly correct
the record, including by making deletions to the record
if appropriate.
``(B) Incomplete record.--
``(i) In general.--If the Attorney General
determines that a record is incomplete or
cannot be verified, the Attorney General--
``(I) shall attempt to complete or
verify the record; and
``(II) if unable to complete or
verify the record, may promptly make
any changes or deletions to the record.
``(ii) Lack of disposition of arrest.--For
purposes of this subparagraph, an incomplete
record includes a record that indicates there
was an arrest and does not include the
disposition of the arrest.
``(iii) Obtaining disposition of arrest.--
If the Attorney General determines that a
record is an incomplete record described in
clause (ii), the Attorney General shall, not
later than 10 days after the date on which the
requesting entity requests the exchange and
before the exchange is made, obtain the
disposition (if any) of the arrest.
``(C) Notification of reporting jurisdiction.--The
Attorney General shall notify each appropriate
reporting jurisdiction of any action taken under
subparagraph (A) or (B).
``(D) Opportunity to review records by applicant.--
In connection with an exchange of a record under this
section, the Attorney General shall--
``(i) notify the applicant that the
applicant can obtain a copy of the record as
described in clause (ii) if the applicant
demonstrates a reasonable basis for the
applicant's review of the record;
``(ii) provide to the applicant an
opportunity, upon request and in accordance
with clause (i), to--
``(I) obtain a copy of the record;
and
``(II) challenge the accuracy and
completeness of the record;
``(iii) promptly notify the requesting
entity of any such challenge;
``(iv) not later than 30 days after the
date on which the challenge is made, complete
an investigation of the challenge;
``(v) provide to the applicant the specific
findings and results of that investigation;
``(vi) promptly make any changes or
deletions to the records required as a result
of the challenge; and
``(vii) report those changes to the
requesting entity.
``(E) Certain exchanges prohibited.--
``(i) In general.--An exchange shall not
include any record--
``(I) except as provided in clause
(ii), about an arrest more than 2 years
old as of the date of the request for
the exchange, that does not also
include a disposition (if any) of that
arrest;
``(II) relating to an adult or
juvenile nonserious offense of the sort
described in section 20.32(b) of title
28, Code of Federal Regulations, as in
effect on July 1, 2009; or
``(III) to the extent the record is
not clearly an arrest or a disposition
of an arrest.
``(ii) Applicants for sensitive
positions.--The prohibition under clause (i)(I)
shall not apply in the case of a background
check that relates to--
``(I) law enforcement employment;
or
``(II) any position that a Federal
agency designates as a--
``(aa) national security
position; or
``(bb) high-risk, public
trust position.
``(4) Fees.--The Attorney General may collect a reasonable
fee for an exchange of records for employment-related purposes
through the records system created under this section to defray
the costs associated with exchanges for those purposes,
including any costs associated with the investigation of
inaccurate or incomplete records.''.
(b) Regulations on Reasonable Procedures.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
issue regulations to carry out section 534(g) of title 28, United
States Code, as added by subsection (a).
(c) Report.--
(1) Definition.--In this subsection, the term ``record''
has the meaning given the term in subsection (g) of section 534
of title 28, United States Code, as added by subsection (a).
(2) Report required.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall submit to
Congress a report on the implementation of subsection (g) of
section 534 of title 28, United States Code, as added by
subsection (a), that includes--
(A) the number of exchanges of records for
employment-related purposes made with entities in each
State through the records system created under such
section 534;
(B) any prolonged failure of a Federal agency to
comply with a request by the Attorney General for
information about dispositions of arrests; and
(C) the numbers of successful and unsuccessful
challenges to the accuracy and completeness of records,
organized by the Federal agency from which each record
originated.
<all>
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118S1252 | Uyghur Policy Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1252 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1252
To support the human rights of Uyghurs and members of other ethnic
groups residing primarily in the Xinjiang Uyghur Autonomous Region and
safeguard their distinct civilization and identity, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To support the human rights of Uyghurs and members of other ethnic
groups residing primarily in the Xinjiang Uyghur Autonomous Region and
safeguard their distinct civilization and identity, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uyghur Policy Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Chinese Communist Party continues to repress the
distinct Turkic identity of Uyghurs and members of other
predominantly Muslim ethnic groups in the Xinjiang Uyghur
Autonomous Region and in other areas where they have habitually
resided.
(2) Uyghurs, and other predominantly Muslim ethnic groups
make up the majority of the indigenous population in the area
that the Chinese Communist Party has designated as the Xinjiang
Uyghur Autonomous Region (XUAR). Throughout their history,
Uyghurs and other predominately Muslim ethnic groups have
maintained a civilization that was distinct from the Chinese.
For centuries, these Turkic groups were not under Chinese rule.
(3) Human rights, including freedom of religion or belief,
and the preservation of and respect for the Uyghurs' unique
Turkic and Islamic civilization and identity are legitimate
interests of the international community.
(4) The People's Republic of China (PRC) has ratified the
International Covenant on Economic, Social, and Cultural
Rights, done at New York December 16, 1966, and is thereby
bound by its provisions. China has also signed the
International Covenant on Civil and Political Rights. Article
One of both covenants state that all peoples have the right to
self-determination.
(5) An official campaign to encourage Chinese migration
into the XUAR has placed immense pressure on those who seek to
preserve the ethnic, cultural, religious, and linguistic
traditions of the Uyghurs people. Chinese authorities have
supported an influx of Chinese economic immigrants into the
XUAR, discriminated against Uyghurs in hiring practices, and
provided unequal access to healthcare services.
(6) The Chinese Communist Party has manipulated the
strategic objectives of the international war on terror to mask
their increasing cultural and religious oppression of the
predominantly Muslim population residing in the XUAR.
(7) Following unrest in the region, in 2014, the Chinese
Communist Party launched its ``Strike Hard against Violent
Extremism'' campaign, in which dubious allegations of
widespread extremist activity were used as justification for
gross human rights violations committed against members of the
Uyghur community.
(8) Chinese Communist Party officials have made use of the
legal system as a tool of repression, including for the
imposition of arbitrary detentions and for torture against
members of the Uyghur and other populations.
(9) Uyghurs and Kazakhs who have secured citizenship or
permanent residency outside of the PRC have attested to
repeated threats, harassment, and surveillance by PRC
officials.
(10) Reporting from international news organizations has
found that over the past decade, family members of Uyghurs
living outside of the PRC who remain in the PRC have gone
missing or have been detained to force Uyghur expatriates to
return to the PRC or silence their dissent.
(11) Credible evidence from human rights organizations,
think tanks, and journalists confirms that more than 1,000,000
Uyghurs and members of other ethnic groups have been imprisoned
in extrajudicial ``political reeducation'' centers.
(12) Independent accounts from former detainees of
``political reeducation'' centers describe inhumane conditions
and treatment, including forced political indoctrination,
torture, beatings, rape, forced sterilization, and food
deprivation. Former detainees also confirmed that they were
told by guards that the only way to secure release was to
demonstrate sufficient political loyalty to the Chinese
Communist Party.
(13) Popular discourse surrounding the ongoing atrocities
in the XUAR and advocacy efforts to assist Uyghurs remains
muted in most Muslim majority nations around the world.
(14) Both Secretary of State Antony Blinken and Former
Secretary of State Michael Pompeo have stated that the Chinese
Communist Party has committed genocide and crimes against
humanity against Uyghurs and other ethnic and religious groups
in the XUAR.
(15) Government bodies of multiple nations have also
declared that Chinese Communist Party atrocities against such
populations in the XUAR constitute genocide, including the
parliaments of the United Kingdom, Belgium, Czechia, Lithuania,
the Netherlands, and Canada.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to press for authorities in China to open the XUAR to
regular, transparent, and unmanipulated visits by members of
the press, Members of Congress, congressional staff
delegations, and members and staff of the Congressional-
Executive Commission on the People's Republic of China and the
U.S.-China Economic and Security Review Commission;
(2) to strive to ensure the preservation of the distinct
ethnic, cultural, religious, and linguistic identity of Uyghurs
and members of other ethnic and religious groups in the XUAR;
(3) to urge other nations to call for the cessation of all
government-sponsored crackdowns, imprisonments, and detentions
of people throughout the XUAR aimed at those involved in the
peaceful expression of their ethnic, cultural, political, or
religious identity;
(4) to commend countries that have provided shelter and
hospitality to Uyghurs in exile, including Turkey, Albania, and
Germany; and
(5) to urge countries with sizeable Muslim populations,
given commonalities in their religious and cultural identities,
to demonstrate concern over the plight of Uyghurs.
SEC. 4. PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE
UYGHUR SITUATION.
(a) In General.--The Secretary of State, working through the
Assistant Secretary of State for Educational and Cultural Affairs,
shall support, through the United States Speaker Program, human rights
advocates representing Uyghurs and members of other ethnic and
religious groups persecuted in the PRC to speak at public diplomacy
forums in Muslim-majority countries and other regions about issues
regarding the human rights and religious freedom of Uyghurs and members
of other ethnic and religious groups that are being persecuted in the
PRC.
(b) Consultation Requirement.--The Assistant Secretary of State for
Educational and Cultural Affairs shall consult with representatives of
the global Uyghur community when selecting participants for the
activity described in subsection (a).
(c) Media Activities.--The Secretary of State, in consultation with
the Chief Executive Officer of the United States Agency for Global
Media, should facilitate the unhindered dissemination of information to
Muslim-majority countries about issues regarding the human rights and
religious freedom of Uyghurs and members of other groups in the XUAR.
SEC. 5. STRATEGY TO INCREASE ACCESS TO DETENTION FACILITIES AND PRISONS
AND SECURE THE RELEASE OF PRISONERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall develop and submit
to Congress a strategy to support and secure the release of political
prisoners detained in the PRC.
(b) Elements.--The strategy required under subsection (a) shall
include--
(1) a detailed description of how the United States
Government can pressure the PRC to immediately close all
detention facilities and ``political reeducation'' camps
housing Uyghurs and members of other ethnic minority groups in
the XUAR;
(2) a detailed assessment of how the United States can
leverage its contributions to the United Nations to support the
United Nations Commissioner for Human Rights and numerous
United Nations Special Rapporteurs' urgent calls for immediate
and unhindered access to detention facilities and ``political
reeducation'' camps in the XUAR by independent international
organizations and the Office of the United Nations High
Commissioner for Human Rights for a comprehensive assessment of
the human rights situation;
(3) a detailed description of how the United States
Government will work with other like-minded countries to
pressure the PRC to immediately stop the genocide of Uyghurs
and other ethnic groups in the XUAR; and
(4) a detailed plan for how United States Government
officials can use meetings with representatives of the Chinese
Communist Party to demand the immediate and unconditional
release of all prisoners detained for their ethnic, cultural,
religious, and linguistic identities, or for expressing their
political or religious beliefs in the XUAR.
(c) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form.
SEC. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING.
The Secretary of State shall ensure that--
(1) Uyghur language training is available to Foreign
Service officers, as appropriate; and
(2) every effort is being made to ensure that a Uyghur-
speaking member of the Foreign Service (as described in section
103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is
assigned to United States diplomatic and consular missions in
the PRC, Turkey, and other nations hosting Uyghur populations.
SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.
The Secretary of State and the United States Permanent
Representative to the United Nations shall use the voice, vote, and
influence of the United States at the United Nations--
(1) to oppose any efforts--
(A) to prevent consideration of the issues related
to the XUAR in any body of the United Nations; and
(B) to prevent the participation of any Uyghur
human rights advocates in nongovernmental fora hosted
by or otherwise organized under the auspices of any
body of the United Nations; and
(2) to support the appointment of a special rapporteur or
working group for the XUAR for the purposes of--
(A) monitoring human rights violations and abuses
in the XUAR; and
(B) making reports available to the High
Commissioner for Refugees, the High Commissioner for
Human Rights, the General Assembly, and other United
Nations bodies.
<all>
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118S1253 | Securing America's Ports of Entry Act of 2023 | [
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
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"L000575",
"Sen. Lankford, James [R-OK]",
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] | <p><b>Securing America's Ports of Entry Act of 2023</b></p> <p>This bill requires U.S. Customs and Border Protection (CBP) to increase the number of CBP officers to specified levels. If CBP does not adequately increase personnel, the Government Accountability Office must report on CBP hiring practices.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1253
To increase the number of U.S. Customs and Border Protection Customs
and Border Protection officers and support staff and to require reports
that identify staffing, infrastructure, and equipment needed to enhance
security at ports of entry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Peters (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To increase the number of U.S. Customs and Border Protection Customs
and Border Protection officers and support staff and to require reports
that identify staffing, infrastructure, and equipment needed to enhance
security at ports of entry.
Be it enacted by the Senate 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 America's Ports of Entry
Act of 2023''.
SEC. 2. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall hire, train, and assign not fewer than 600 new U.S.
Customs and Border Protection officers above the current attrition
level during every fiscal year until the total number of U.S. Customs
and Border Protection officers equals and sustains the requirements
identified each year in the Workload Staffing Model.
(b) Support Staff.--The Commissioner is authorized to hire, train,
and assign support staff, including technicians and Enterprise Services
mission support, to perform non-law enforcement administrative
functions to support the new U.S. Customs and Border Protection
officers hired pursuant to subsection (a).
(c) Traffic Forecasts.--In calculating the number of U.S. Customs
and Border Protection officers needed at each port of entry through the
Workload Staffing Model, the Commissioner shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry;
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information; and
(3) consider historical volume and forecasts prior to the
COVID-19 pandemic and the impact on international travel.
(d) GAO Report.--If the Commissioner does not hire the 600
additional U.S. Customs and Border Protection officers authorized under
subsection (a) during fiscal year 2023, or during any subsequent fiscal
year in which the hiring requirements set forth in the Workload
Staffing Model have not been achieved, the Comptroller General of the
United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring practices to determine the reasons that such
requirements were not achieved and other issues related to
hiring by U.S. Customs and Border Protection; and
(2) submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
describes the results of the review conducted under paragraph
(1).
SEC. 3. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives that identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border Protection
officers to interdict opioids and other drugs that are being
illegally transported into the United States, including a
description of circumstances at specific ports of entry that
prevent the deployment of technology used at other ports of
entry;
(2) detection equipment that would improve the ability of
such officers to identify opioids, including precursors and
derivatives, that are being illegally transported into the
United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 4. REPORTING REQUIREMENTS.
(a) Temporary Duty Assignments.--
(1) Quarterly report.--The Commissioner of U.S. Customs and
Border Protection shall submit a quarterly report to the
appropriate congressional committees that includes, for the
reporting period--
(A) the number of temporary duty assignments;
(B) the number of U.S. Customs and Border
Protection employees required for each temporary duty
assignment;
(C) the ports of entry from which such employees
were reassigned;
(D) the ports of entry to which such employees were
reassigned;
(E) the ports of entry at which reimbursable
service agreements have been entered into that may be
affected by temporary duty assignments;
(F) the duration of each temporary duty assignment;
(G) the cost of each temporary duty assignment; and
(H) for each temporary duty assignment to the
southwest border, a description of any activities done
in support of U.S. Border Patrol operations.
(2) Notice.--Not later than 10 days before redeploying
employees from 1 port of entry to another, absent emergency
circumstances--
(A) the Commissioner shall notify the director of
the port of entry from which employees will be
reassigned of the intended redeployments; and
(B) the port director shall notify impacted
facilities (including airports, seaports, and land
ports) of the intended redeployments.
(3) Staff briefing.--The Commissioner shall brief all
affected U.S. Customs and Border Protection employees regarding
plans to mitigate vulnerabilities created by any planned
staffing reductions at ports of entry.
(b) Reports on U.S. Customs and Border Protection Agreements.--
Section 907(a) of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4451(a)) is amended--
(1) in paragraph (3), by striking ``and an assessment'' and
all that follows and inserting a period;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) A description of the factors that were considered
before entering into the agreement, including an assessment of
how the agreement provides economic benefits and security
benefits (if applicable) at the port of entry to which the
agreement relates.''; and
(4) in paragraph (5), as redesignated by paragraph (2), by
inserting after ``the report'' the following: ``, including the
locations of such services and the total hours of reimbursable
services under the agreement, if any''.
(c) Annual Workload Staffing Model Report.--As part of the Annual
Report on Staffing required under section 411(g)(5)(A) of the Homeland
Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), the Commissioner shall
include--
(1) information concerning the progress made toward meeting
the U.S. Customs and Border Protection officer and support
staff hiring targets set forth in section 2, while accounting
for attrition;
(2) an update to the information provided in the Resource
Optimization at the Ports of Entry report, which was submitted
to Congress on September 12, 2017, pursuant to the Department
of Homeland Security Appropriations Act, 2017 (division F of
Public Law 115-31); and
(3) a summary of the information included in the reports
required under subsection (a) and section 907(a) of the Trade
Facilitation and Trade Enforcement Act of 2015, as amended by
subsection (b).
(d) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act--
(1) $136,292,948 for fiscal year 2024; and
(2) $156,918,590 for each of the fiscal years 2025 through
2029.
<all>
</pre></body></html>
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118S1254 | Wild Olympics Wilderness and Wild and Scenic Rivers Act | [
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1254
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Olympics Wilderness and Wild
and Scenic Rivers Act''.
SEC. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sams river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sams River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(233) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(234) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture, as provided in
section 10(e).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(235) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(236) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(237) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(238) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture,
as provided in section 10(e).
``(239) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of the gorge in the NW\1/4\ sec. 22,
T. 22 N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(240) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(241) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(242) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(243) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(244) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(245) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(246) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture, as provided in section 10(e).
``(247) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture, as
provided in section 10(e).
``(248) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(249) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(250) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(251) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not affect
valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of enactment of this Act, the
Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under that
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of
enactment of this Act, includes in the Department of
Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of that paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 4. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this Act or the
amendment made by section 3(a) affects or abrogates existing rights,
privileges, or contracts held by private parties, nor does this Act in
any way modify or direct the management, acquisition, or disposition of
land managed by the Washington Department of Natural Resources on
behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this Act and
the amendment made by section 3(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5. TREATY RIGHTS.
Nothing in this Act alters, modifies, diminishes, or extinguishes
the reserved treaty rights of any Indian Tribe with hunting, fishing,
gathering, and cultural or religious rights as protected by a treaty.
<all>
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118S1255 | A bill to amend title 49, United States Code, to include a public airport in use by an air reserve station as a primary airport. | [
[
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"Sen. Brown, Sherrod [D-OH]",
"sponsor"
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[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1255 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1255
To amend title 49, United States Code, to include a public airport in
use by an air reserve station as a primary airport.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Brown (for himself and Mr. Vance) 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 include a public airport in
use by an air reserve station as a primary airport.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PRIMARY AIRPORT DESIGNATION.
Section 47114(c)(1) of title 49, United States Code, is amended by
adding at the end the following:
``(K) Public airports with military use.--
Notwithstanding any other provision of law, a public
airport in use by an air reserve station shall be
considered a primary airport for purposes of this
chapter.''.
<all>
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118S1256 | Global Aircraft Maintenance Safety Improvement Act | [
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"sponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1256 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1256
To amend title 49, United States Code, to require certain air carriers
to provide reports with respect to maintenance, preventive maintenance,
or alterations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mrs. Capito (for herself and Ms. Baldwin) 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 require certain air carriers
to provide reports with respect to maintenance, preventive maintenance,
or alterations, and for other purposes.
Be it enacted by the Senate 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 Aircraft Maintenance Safety
Improvement Act''.
SEC. 2. FAA OVERSIGHT OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED
STATES.
(a) In General.--Section 44733 of title 49, United States Code, is
amended--
(1) in the section heading by striking ``Inspection'' and
inserting ``Oversight'';
(2) in subsection (e)--
(A) in the first sentence--
(i) by inserting ``, without prior notice
to such repair stations,'' after ``annually'';
and
(ii) by inserting ``and the applicable laws
of the country in which a repair station is
located'' after ``international agreements'';
and
(B) by striking the second sentence and inserting
``The Administrator may carry out announced or
unannounced inspections in addition to the annual
unannounced inspection required under this subsection
based on identified risks and in a manner consistent
with United States obligations under international
agreements and with the applicable laws of the country
in which a repair station is located.'';
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
``(g) Data Analysis.--
``(1) In general.--An air carrier conducting operations
under part 121 of title 14, Code of Federal Regulations, shall,
if applicable, provide to the appropriate office of the
Administration, not less than once every year, a report
containing the information described in paragraph (2) with
respect to heavy maintenance work on aircraft (including on-
wing aircraft engines) performed in the preceding year.
``(2) Information required.--A report under paragraph (1)
shall contain the following information:
``(A) The location where any heavy maintenance work
on aircraft (including on-wing aircraft engines) was
performed outside the United States.
``(B) A description of the work performed at each
such location.
``(C) The date of completion of the work performed
at each such location.
``(D) A list of all failures, malfunctions, or
defects affecting the safe operation of such aircraft
identified by the air carrier within 30 days after the
date on which an aircraft is returned to service,
organized by reference to aircraft registration number,
that--
``(i) requires corrective action after the
aircraft is approved for return to service; and
``(ii) results from the work performed on
such aircraft.
``(E) The certificate number of the person
approving such aircraft or on-wing aircraft engine, for
return to service following completion of the work
performed at each such location.
``(3) Analysis.--The Administrator of the Federal Aviation
Administration shall--
``(A) analyze information made available under
paragraph (1) of this subsection and sections 121.703,
121.705, 121.707, and 145.221 of title 14, Code of
Federal Regulations, or any successor provisions, to
detect safety issues associated with heavy maintenance
work on aircraft (including on-wing aircraft engines)
performed outside the United States; and
``(B) require appropriate actions in response.
``(4) Confidentiality.--Information made available under
paragraph (1) shall be subject to the same protections given to
voluntarily provided safety or security related information
under section 40123.
``(h) Minimum Qualifications for Mechanics and Others Working on
U.S. Registered Aircraft.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator of the Federal
Aviation Administration shall require that, at each covered
repair station--
``(A) all supervisory personnel are appropriately
certificated as a mechanic or repairman under part 65
of title 14, Code of Federal Regulations, or under an
equivalent certification or licensing regime, as
determined by the Administrator; and
``(B) all personnel authorized to approve an
article for return to service are appropriately
certificated as a mechanic or repairman under part 65
of such title, or under an equivalent certification or
licensing regime, as determined by the Administrator.
``(2) Available for consultation.--Not later than 1 year
after the date of enactment of this subsection, the
Administrator of the Federal Aviation Administration shall
require any individual who is responsible for approving an
article for return to service or who is directly in charge of
aircraft (including on-wing aircraft engine) maintenance
performed on aircraft operated under part 121 of title 14, Code
of Federal Regulations, be available for consultation while
work is being performed at a covered repair station.''.
(b) Definition of Covered Repair Station.--
(1) In general.--Section 44733(i) of title 49, United
States Code (as redesignated by subsection (a)(3)), is
amended--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Covered repair station.--The term `covered repair
station' means a facility that--
``(A) is located outside the United States;
``(B) is certificated under part 145 of title 14,
Code of Federal Regulations; and
``(C) performs heavy maintenance work on aircraft
(including on-wing aircraft engines) operated under
part 121 of title 14, Code of Federal Regulations.''.
(2) Technical amendment.--Section 44733(a)(3) of title 49,
United States Code, is amended by striking ``covered part 145
repair stations'' and inserting ``part 145 repair stations''.
(c) Conforming Amendments.--The analysis for chapter 447 of title
49, United States Code, is amended by striking the item relating to
section 44733 and inserting the following:
``44733. Oversight of repair stations located outside the United
States.''.
SEC. 3. ALCOHOL AND DRUG TESTING AND BACKGROUND CHECKS.
(a) In General.--Beginning on the date that is 2 years after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration (in this Act referred to as
the``Administrator'') may not approve or authorize international travel
for any employee of the Federal Aviation Administration until a final
rule carrying out the requirements of subsection (b) of section 2112 of
the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733
note) has been published in the Federal Register.
(b) Rulemaking on Assessment Requirement.--With respect to any
employee not covered under the requirements of section 1554.101 of
title 49, Code of Federal Regulations, the Administrator shall initiate
a rulemaking that requires a covered repair station to confirm that any
such employee has successfully completed an assessment commensurate
with a security threat assessment described in subpart C of part 1540
of such title.
(c) Exceptions.--The prohibition in subsection (a) shall not apply
to international travel that is determined by the Administrator on an
individual by individual basis to be--
(1) exclusively for the purpose of conducting a safety
inspection;
(2) directly related to aviation safety standards,
certification, and oversight; or
(3) vital to the national interests of the United States.
(d) Non-Delegation and Reporting.--For any determination to make an
exception based on the criteria in paragraph (2) or (3) of subsection
(c), the Administrator--
(1) may not delegate the authority to make such a
determination to any other individual; and
(2) shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 3 days after making each determination
under subsection (c)--
(A) the name of the individual approved or
authorized to travel internationally;
(B) the location to which the individual is
traveling;
(C) a detailed explanation of why the Administrator
has determined the travel is--
(i) directly related to aviation safety
standards, certification, and oversight; or
(ii) vital to the national interests of the
United States; and
(D) a detailed description of the status of the
rulemakings described in subsection (a).
(e) Definition of Covered Repair Station.--For purposes of this
section, the term ``covered repair station'' means a facility that--
(1) is located outside the United States;
(2) is certificated under part 145 of title 14, Code of
Federal Regulations; and
(3) performs heavy maintenance work on aircraft (including
on-wing aircraft engines), operated under part 121 of title 14,
Code of Federal Regulations.
<all>
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118S1257 | Family Stability and Opportunity Vouchers Act of 2023 | [
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"V000128",
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"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1257 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1257
To authorize a new type of housing choice voucher to help achieve the
goals of ending homelessness among families with children, increasing
housing opportunities, and improving life outcomes of poor children.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Van Hollen (for himself and Mr. Young) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To authorize a new type of housing choice voucher to help achieve the
goals of ending homelessness among families with children, increasing
housing opportunities, and improving life outcomes of poor children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Stability and Opportunity
Vouchers Act of 2023''.
SEC. 2. FAMILY STABILITY AND OPPORTUNITY VOUCHERS.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)), as amended by section 601(a)(2)(B) of division AA of the
Consolidated Appropriations Act, 2023 (Public Law 117-328; ), is
amended by adding at the end the following:
``(23) Family stability and opportunity vouchers.--
``(A) Definitions.--In this paragraph:
``(i) The term `area of concentrated
poverty' means a census tract in which the
poverty rate is not less than 30 percent, as
most recently determined by the Bureau of the
Census.
``(ii) The term `at risk of homelessness'
has the meaning given the term in section 401
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11360).
``(iii) The term `eligible family' means a
family that--
``(I)(aa) will welcome a minor
child through birth or adoption in the
next 300 days; or
``(bb) has not less than 1 child
under the age of 6;
``(II) meets all applicable
eligibility requirements under this
subsection; and
``(III) is--
``(aa) homeless;
``(bb) unstably housed;
``(cc) living in an area of
concentrated poverty; or
``(dd) at risk of
displacement from--
``(AA) an
opportunity area for
children; or
``(BB) an area
rapidly transitioning
to become an
opportunity area for
children.
``(iv) The term `high-performing school'
shall have the meaning given the term by the
Secretary, using the best available evidence.
``(v) The term `homeless' has the meaning
given the term in section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11302).
``(vi) The term `opportunity area for
children' shall have the meaning given the term
by the Secretary, using the best available
evidence.
``(vii) The term `unstably housed', with
respect to a family, means a family who--
``(I) is at risk of homelessness;
``(II) has moved not less than
twice during the 12-month period ending
on the date on which a public housing
agency selects the family from a
waiting list to receive assistance
under this paragraph;
``(III) is living in a unit not
accessible to a family member with a
disability;
``(IV) is experiencing trauma or a
lack of safety relating to, or fleeing
or attempting to flee, domestic
violence, dating violence, sexual
assault, stalking, or another
dangerous, traumatic, or life-
threatening condition relating to
violence against a member of the family
or an individual in the housing
situation of the family, including an
instance in which the health and safety
of a child is jeopardized; or
``(V) is living in housing
conditions that are dangerous or life-
threatening.
``(B) Competitive award.--
``(i) In general.--In each fiscal year for
which amounts are authorized to be appropriated
under subparagraph (F), the Secretary shall
provide assistance to public housing agencies
on a competitive basis to be used for--
``(I) incremental vouchers for
eligible families; and
``(II) additional fees for the cost
to the public housing agencies of
providing mobility-related services to
eligible families.
``(ii) Selection.--For the second fiscal
year in which the Secretary provides assistance
under this paragraph, and each fiscal year
thereafter, in selecting public housing
agencies to receive assistance under this
paragraph, the Secretary shall--
``(I) consider the performance of
public housing agencies in implementing
this paragraph; and
``(II) give preference to public
housing agencies that partner with
organizations that provide home
visiting services, such as the services
authorized under section 511 of the
Social Security Act (42 U.S.C. 711) or
locally funded initiatives, if those
services are available in the service
area of the public housing agency.
``(C) Services required to be offered to families
receiving vouchers.--
``(i) In general.--A public housing agency
that receives assistance under this paragraph--
``(I) shall offer, to each eligible
family that the agency selects to
receive a voucher, mobility-related
services to help the family move to an
opportunity area for children with
access to--
``(aa) a high-performing
school; or
``(bb) high-quality
childcare and early education;
``(II) may not require an eligible
family to participate in the mobility-
related services described in subclause
(I) as a condition of receipt of a
voucher; and
``(III) shall adopt mobility-
related policies, to be specified by
the Secretary.
``(ii) Minimum assortment of services and
policies.--The Secretary shall establish a
minimum assortment of types of mobility-related
services that a public housing agency shall
offer, and mobility-related policies that a
public housing agency shall adopt, under clause
(i) based on promising practices and evidence
of the effectiveness of the services and
policies.
``(iii) Specific services.--The types of
mobility-related services required to be
offered under clause (i)--
``(I) shall include a customized
approach to enable a successful
transition to opportunity areas for
children; and
``(II) may include counseling and
continued supportive services for
families.
``(iv) Opportunity areas for children;
high-performing schools; high-quality child
care and early education.--The Secretary shall
establish criteria for areas, schools, and
child care and early education to qualify as
opportunity areas for children, high-performing
schools, and high-quality child care and early
education, respectively.
``(v) Manner of providing services.--A
public housing agency may provide mobility-
related services as required under clause (i)
directly or through a local partnership or
contract.
``(D) Other requirements.--
``(i) Turnover.--
``(I) In general.--Upon turnover of
a voucher issued by a public housing
agency using assistance received under
this paragraph, the public housing
agency shall issue the voucher to
another eligible family under this
paragraph.
``(II) Mobility services.--A public
housing agency turning over a voucher
as described in subclause (I) shall
provide any available mobility services
to the eligible family receiving the
voucher.
``(ii) Recapture and reallocation by
secretary.--If a public housing agency that
receives assistance to be used for vouchers and
fees under this paragraph determines that it no
longer has an identified need for the
assistance, the public housing agency shall
notify the Secretary, who may recapture the
assistance and reallocate the assistance in
accordance with this paragraph.
``(E) Implementation.--
``(i) Definitions.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall publish a notice for public
comment in the Federal Register that includes
any definitions or other specifications
required or authorized under this paragraph.
``(ii) Allocation of funding.--
``(I) Initial year.--For the first
fiscal year for which amounts are
appropriated to be provided to public
housing agencies for incremental
vouchers under this paragraph, the
Secretary shall allocate the amounts to
public housing agencies not later than
2 years after the date on which the
amounts are appropriated.
``(II) Subsequent years.--For any
fiscal year after the fiscal year
described in subclause (I), the
Secretary shall allocate amounts to
public housing agencies for incremental
vouchers under this paragraph not later
than 180 days after the date on which
the amounts are appropriated.
``(F) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary for each
of fiscal years 2024 through 2029 such sums as may be
necessary to provide assistance to public housing
agencies under this paragraph to be used for--
``(i) not more than 50,000 incremental
vouchers each fiscal year, as described in
subparagraph (B)(i)(I); and
``(ii) fees for the cost of administering
the incremental vouchers described in
subparagraph (B)(i)(I) and other mobility-
related expenses.''.
<all>
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118S1258 | Billion Dollar Boondoggle Act of 2023 | [
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
],
[
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"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
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[
"S001217",
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[
"B001310",
"Sen... | <p><b>Billion Dollar Boondoggle Act of 2023</b></p> <p>This bill directs the Office of Management and Budget to issue guidance requiring federal agencies to report annually to Congress regarding certain federally funded projects that (1) are more than five years behind schedule, or (2) have expenditures that are at least $1 billion more than the original cost estimate for the project. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1258
To require the Director of the Office of Management and Budget to
submit to Congress an annual report on projects that are over budget
and behind schedule, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Ernst (for herself, Ms. Hassan, Mr. Paul, Mr. Scott of Florida, 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 the Director of the Office of Management and Budget to
submit to Congress an annual report on projects that are over budget
and behind schedule, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Billion Dollar Boondoggle Act of
2023''.
SEC. 2. ANNUAL REPORT.
(a) Definitions.--In this section--
(1) the term ``covered agency'' means--
(A) an Executive agency, as defined in section 105
of title 5, United States Code; and
(B) an independent regulatory agency, as defined in
section 3502 of title 44, United States Code;
(2) the term ``covered project'' means a project funded by
a covered agency--
(A) that is more than 5 years behind schedule, as
measured against the original expected date for
completion; or
(B) for which the amount spent on the project is
not less than $1,000,000,000 more than the original
cost estimate for the project; and
(3) the term ``project'' means a major acquisition, a major
defense acquisition program (as defined in section 4201 of
title 10, United States Code), a procurement, a construction
project, a remediation or clean-up effort, or any other time-
limited endeavor, that is not funded through direct spending
(as defined in section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))).
(b) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Management and Budget shall
issue guidance requiring covered agencies to include, on an annual
basis in a report described in paragraph (2) of section 3516(a) of
title 31, United States Code, or a consolidated report described in
paragraph (1) of such section, information relating to each covered
project of the covered agency, which shall include--
(1) a brief description of the covered project, including--
(A) the purpose of the covered project;
(B) each location in which the covered project is
carried out;
(C) the contract or award number of the covered
project, where applicable;
(D) the year in which the covered project was
initiated;
(E) the Federal share of the total cost of the
covered project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered
project;
(2) an explanation of any change to the original scope of
the covered project, including by the addition or narrowing of
the initial requirements of the covered project;
(3) the original expected date for completion of the
covered project;
(4) the current expected date for completion of the covered
project;
(5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project,
including, where applicable, any impact of insufficient or
delayed appropriations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.
<all>
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118S1259 | Put the Brakes on Boondoggles Act | [
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1259 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1259
To prohibit the provision of Federal assistance to transit and rail
projects with significant cost overruns and that are projected to lose
money, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit the provision of Federal assistance to transit and rail
projects with significant cost overruns and that are projected to lose
money, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Put the Brakes on Boondoggles Act''.
SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR CERTAIN TRANSIT AND
RAIL PROJECTS.
Notwithstanding any other provision of law, the Secretary of
Transportation shall not provide any new assistance for a transit or
rail project if--
(1) the overall cost projection to complete the project
exceeds the original cost projection by at least
$1,000,000,000; and
(2) the operational and administrative costs of the service
provided by the project are projected to exceed the revenues
generated from ridership annually over the next decade.
<all>
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118S126 | FLED Accountability Act of 2023 | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
]
] | <p><b>Fortifying Lawful Elections and Democracy Accountability Act of 2023 or the FLED Accountability Act of 2023</b></p> <p>This bill bars foreign government officials who knowingly undermined elections from entering the United States. </p> <p>Specifically, the prohibition applies to any non-U.S. citizen who, while serving as a government official of a foreign country, knowingly took significant action to inhibit (or attempt to inhibit) the lawful democratic transition of power or lawful functioning democratic processes in that foreign country. </p> <p>The Department of State may waive this prohibition if the waiver is in the national interest of the United States.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 126 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 126
To make individuals responsible for undermining free and fair
democratic elections inadmissible to the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Durbin (for himself, Ms. Hirono, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To make individuals responsible for undermining free and fair
democratic elections inadmissible to 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 ``Fortifying Lawful Elections and
Democracy Accountability Act of 2023'' or the ``FLED Accountability Act
of 2023''.
SEC. 2. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE FOR UNDERMINING FREE
AND FAIR DEMOCRATIC ELECTIONS.
(a) Determination.--
(1) In general.--If the Secretary of State determines, on
the basis of credible information, that an individual who is
not a citizen of the United States knowingly took significant
action to inhibit or attempt to inhibit, while serving as an
official of the government of a foreign country, the lawful
democratic transition of power or the lawful functioning of
democratic electoral processes in that country, the Secretary
shall designate the individual as inadmissible to the United
States as described in subsection (b).
(2) Designation.--The Secretary shall publicly or privately
designate under paragraph (1) an individual about whom the
Secretary has made a determination under that paragraph without
regard to whether the individual has applied for a visa.
(b) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--An individual designated under subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of any individual designated under
subsection (a) is subject to revocation regardless of
the issue date of the visa or other entry
documentation.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) cancel any other valid visa or entry
documentation that is in the possession of the
individual.
(3) Exception to comply with international obligations.--
This subsection shall not apply with respect to an individual
if admitting or paroling the individual into the United States
is necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Waiver.--The Secretary may waive the application of subsection
(b) with respect to an individual designated under subsection (a) if
the Secretary determines that such a waiver is in the national interest
of the United States.
(d) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to the committees specified in paragraph
(3) a report--
(A) identifying individuals designated under
subsection (a) during the year preceding submission of
the report;
(B) listing the waivers issued under subsection (c)
during that year; and
(C) setting forth a justification for each such
waiver.
(2) Form of report; availability.--
(A) Form.--Each report required by paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
(B) Availability.--The unclassified portion of each
report required by paragraph (1) shall posted on a
publicly accessible website of the Department of State.
(3) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives.
(e) Rule of Construction.--Nothing in this section may be construed
to apply to actions taken--
(1) to provide assistance to promote democratic elections
or public participation in democratic processes; or
(2) to support a democratic transition.
<all>
</pre></body></html>
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118S1260 | University of Utah Research Park Act | [
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[
"R000615",
"Sen. Romney, Mitt [R-UT]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1260 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1260
To release the reversionary interest of the United States in certain
non-Federal land in Salt Lake City, Utah, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Lee (for himself and Mr. Romney) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To release the reversionary interest of the United States in certain
non-Federal land in Salt Lake City, Utah, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``University of Utah Research Park
Act''.
SEC. 2. RELEASE OF REVERSIONARY INTEREST OF THE UNITED STATES IN NON-
FEDERAL LAND IN SALT LAKE CITY, UTAH.
(a) Release.--There is released to the University of Utah, without
consideration, the reversionary interest of the United States in the
non-Federal land described in subsection (b).
(b) Description of Non-Federal Land.--The non-Federal land referred
to in subsection (a) is the approximately 593 acres of land of the
University of Utah--
(1) identified in the patent--
(A) numbered 43-99-0012; and
(B) dated October 18, 1968; and
(2) more particularly described as tracts D (excluding the
parcels numbered 1, 2, 3, 4, and 5), G, and J, T. 1 S., R. 1
E., Salt Lake Meridian.
<all>
</pre></body></html>
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118S1261 | Save Local Business Act | [
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"Sen. Marshall, Roger [R-KS]",
"sponsor"
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[
"W000437",
"Sen. ... | <p><b>Save Local Business</b> <strong><strong>Act</strong></strong></p> <p>This bill provides that a person may be considered a joint employer in relation to an employee under federal labor law only if such person directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1261
To clarify the treatment of 2 or more employers as joint employers
under the National Labor Relations Act and the Fair Labor Standards Act
of 1938.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Marshall (for himself, Mr. Braun, Mr. Cassidy, Mr. Rubio, Mr.
Wicker, Ms. Lummis, Mr. Hagerty, Mr. Cramer, Mr. Barrasso, Mr. Scott of
Florida, and Mr. Budd) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To clarify the treatment of 2 or more employers as joint employers
under the National Labor Relations Act and the Fair Labor Standards Act
of 1938.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Local Business Act''.
SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT.
(a) National Labor Relations Act.--Section 2(2) of the National
Labor Relations Act (29 U.S.C. 152(2)) is amended--
(1) by striking ``The term `employer''' and inserting ``(A)
The term `employer'''; and
(2) by adding at the end the following:
``(B) An employer may be considered a joint employer of the
employees of another employer only if each employer directly, actually,
and immediately exercises significant control over the essential terms
and conditions of employment of the employees of the other employer,
such as hiring such employees, discharging such employees, determining
the rate of pay and benefits of such employees, supervising such
employees on a day-to-day basis, assigning such employees a work
schedule, position, or task, or disciplining such employees.''.
(b) Fair Labor Standards Act of 1938.--Section 3(d) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(d)) is amended--
(1) by striking ```Employer' includes'' and inserting ``(1)
`Employer' includes''; and
(2) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if each
employer meets the criteria set forth in section 2(2)(B) of the
National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for
purposes of determining joint-employer status under this Act, the terms
`employee' and `employer' referenced in such section shall have the
meanings given such terms in this section.''.
<all>
</pre></body></html>
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118S1262 | Family Building FEHB Fairness Act | [
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1262 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1262
To amend title 5, United States Code, to require Federal employee
health benefit plans to include assisted reproductive treatment
benefits, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Duckworth introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require Federal employee
health benefit plans to include assisted reproductive treatment
benefits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Building FEHB Fairness Act''.
SEC. 2. ASSISTED REPRODUCTIVE TREATMENT BENEFITS.
(a) In General.--Section 8904 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(G) Assisted reproductive treatment benefits.'';
and
(B) in paragraph (2), by adding at the end the
following:
``(G) Assisted reproductive treatment benefits.'';
and
(2) by adding at the end the following:
``(c) In this section, the term `assisted reproductive treatment'
means any treatment or procedure facilitating reproduction that
includes the handling of human oocytes, embryos, or sperm, including
the following:
``(1) Assisted reproduction, including intravaginal
insemination, intracervical insemination, and intrauterine
insemination.
``(2) Preservation of human oocytes, embryos, or sperm for
later reproductive use.
``(3) In vitro fertilization.
``(4) Such other treatments, procedures, medications,
laboratory services, and technologies facilitating reproduction
as determined appropriate by the Director of the Office of
Personnel Management.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of enactment of this
Act.
<all>
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118S1263 | Filipino Veterans Family Reunification Act of 2023 | [
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"B001288"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1263 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1263
To exempt children of certain Filipino World War II veterans from the
numerical limitations on immigrant visas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Hirono (for herself, Ms. Murkowski, Mr. Sullivan, Mr. Blumenthal,
Mr. Booker, Mr. Brown, Ms. Cantwell, Ms. Cortez Masto, Ms. Duckworth,
Mrs. Feinstein, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mr. Merkley, and
Ms. Warren) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To exempt children of certain Filipino World War II veterans from the
numerical limitations on immigrant visas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans Family
Reunification Act of 2023''.
SEC. 2. EXEMPTION FROM IMMIGRANT VISA LIMIT.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who--
``(i) are eligible for a visa under paragraph (1)
or (3) of section 203(a); and
``(ii) have a parent (regardless of whether the
parent is living or dead) who was naturalized pursuant
to--
``(I) section 405 of the Immigration Act of
1990 (Public Law 101-649; 8 U.S.C. 1440 note);
or
``(II) title III of the Act of October 14,
1940 (54 Stat. 1137, chapter 876), as added by
section 1001 of the Second War Powers Act, 1942
(56 Stat. 182, chapter 199).''.
<all>
</pre></body></html>
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118S1264 | SMART Prices Act | [
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"M001176... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1264 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1264
To amend title XVIII of the Social Security Act to strengthen the drug
pricing reforms in the Inflation Reduction Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Klobuchar (for herself, Mr. Welch, Mrs. Gillibrand, Mr. Heinrich,
Mr. Merkley, Ms. Stabenow, Mr. Reed, Mr. Whitehouse, Mr. Blumenthal,
Ms. Cortez Masto, Ms. Hassan, Mr. King, Ms. Cantwell, Mrs. Shaheen, Ms.
Baldwin, Mr. Durbin, Mr. Brown, Mr. Booker, Ms. Smith, Ms. Warren, Mrs.
Murray, Mr. Cardin, Mr. Markey, and Ms. Duckworth) 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 strengthen the drug
pricing reforms in the Inflation Reduction Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Medicare and Reducing
Taxpayer Prices Act'' or the ``SMART Prices Act''.
SEC. 2. REPEAL OF THE MEDICARE PART D NONINTERFERENCE CLAUSE.
Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111)
is amended by striking subsection (i).
SEC. 3. IMPROVEMENTS TO THE MEDICARE DRUG PRICE NEGOTIATION PROGRAM.
(a) Acceleration of the Selection of Negotiation-Eligible Drugs.--
(1) In general.--Section 1192(a) of the Social Security Act
(42 U.S.C. 1320f-1(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``10'' and inserting
``20''; and
(ii) by inserting ``and'' after the
semicolon at the end;
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(C) in paragraph (2), as redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``2028, 15 negotiation-
eligible drugs'' and inserting ``2027 or a
subsequent year, 40 negotiation-eligible
drugs''; and
(ii) by striking ``; and'' at the end and
inserting a period; and
(D) by striking paragraph (4).
(2) Conforming amendments.--Section 1192 of the Social
Security Act (42 U.S.C. 1320f-1) is amended--
(A) in subsection (b)(2)--
(i) in the paragraph heading, by striking
``and 2027''; and
(ii) by striking ``and with respect to the
initial price applicability year 2027''; and
(B) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``or 2027''.
(b) Improvements to the Definition of Qualifying Single Source
Drug.--Section 1192(e)(1) of the Social Security Act (42 U.S.C. 1320f-
1(e)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``7 years'' and
inserting ``3 years''; and
(2) in subparagraph (B)(ii), by striking ``11 years'' and
inserting ``3 years''.
(c) Improvement to the Ceiling for Maximum Fair Price.--Section
1194(c)(3) of the Social Security Act (42 U.S.C. 1320f-3(c)(3)) is
amended--
(1) in subparagraph (A), by striking ``75 percent'' and
inserting ``76 percent'';
(2) in subparagraph (B), by striking ``65 percent'' and
inserting ``55 percent''; and
(3) in subparagraph (C), by striking ``40 percent'' and
inserting ``30 percent''.
<all>
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118S1265 | Stop Judge Shopping Act | [
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1265 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1265
To provide the United States District Court for the District of
Columbia with original and exclusive jurisdiction over civil actions
with a nationwide effect.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Hirono introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide the United States District Court for the District of
Columbia with original and exclusive jurisdiction over civil actions
with a nationwide effect.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Judge Shopping Act''.
SEC. 2. JURISDICTION OVER CERTAIN ACTIONS WITH NATIONWIDE EFFECT.
The United States District Court for the District of Columbia shall
have original and exclusive jurisdiction over any civil action for
declaratory or injunctive relief (including a nationwide injunction,
stay, vacatur, or any other relief with similar nationwide force and
effect) against the enforcement of any Federal law (including
regulations and Executive orders) if the relief extends beyond the
parties to the civil action.
SEC. 3. RULES OF CONSTRUCTION.
Nothing in this Act may be construed to--
(1) affect any action that may be brought in the Supreme
Court of the United States, a court of appeals of the United
States, or the Court of International Trade;
(2) create a private right of action; or
(3) expand liability otherwise imposed, or limit any
defense otherwise available, under Federal or State law.
<all>
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118S1266 | Love Lives On Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1266 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1266
To amend titles 10 and 38, United States Code, to improve benefits and
services for surviving spouses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Moran (for himself, Mr. Warnock, Mr. Cotton, Ms. Warren, and Ms.
Hirono) introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend titles 10 and 38, United States Code, to improve benefits and
services for surviving spouses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Love Lives On Act of 2023''.
SEC. 2. REMOVAL OF EXPIRATION ON ENTITLEMENT TO MARINE GUNNERY SERGEANT
JOHN DAVID FRY SCHOLARSHIP FOR SURVIVING SPOUSES.
Section 3311(f) of title 38, United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(3) in paragraph (2), as redesignated by paragraph (2) of
this section, by striking ``in paragraph (4)'' and inserting
``in paragraph (3)''; and
(4) in paragraph (3)(A), as redesignated by paragraph (2)
of this section, by striking ``under paragraph (3)'' and
inserting ``under paragraph (2)''.
SEC. 3. MODIFICATION OF ENTITLEMENT TO VETERANS DEPENDENCY AND
INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WHO REMARRY.
(a) In General.--Section 103(d) of title 38, United States Code, is
amended--
(1) in paragraph (2)(B)--
(A) by inserting ``(i)'' before ``The remarriage'';
(B) in clause (i), as designated by subparagraph
(A), by striking ``Notwithstanding the previous
sentence'' and inserting the following:
``(ii) Notwithstanding clause (i)''; and
(C) by adding at the end the following new clause:
``(iii) Notwithstanding clause (ii), the remarriage of a surviving
spouse shall not bar the furnishing of benefits under section 1311 of
this title to the surviving spouse of a veteran.''; and
(2) in paragraph (5)--
(A) by striking subparagraph (A); and
(B) by renumbering subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(b) Resumption of Payments to Certain Individuals Previously Denied
Dependency and Indemnity Compensation.--Beginning on the first day of
the first month after the date of the enactment of this Act, the
Secretary shall resume payment of dependency and indemnity compensation
under section 1311 of such title to each living individual who--
(1) is the surviving spouse of a veteran; and
(2) remarried before--
(A) reaching age 55; and
(B) the date of the enactment of this Act.
SEC. 4. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT PLAN FOR CERTAIN
SURVIVING SPOUSES WHO REMARRY.
Section 1450(b)(2) of title 10, United States Code, is amended--
(1) by striking ``An annuity'' and inserting the following:
``(A) In general.--(A) Subject to subparagraph (B),
an annuity''; and
(2) by adding at the end the following new subparagraph:
``(B) Treatment of survivors of members who die on
active duty.--The Secretary may not terminate payment
of an annuity for a surviving spouse described in
subparagraph (A) or (B) of section 1448(d)(1) solely
because that surviving spouse remarries. In the case of
a surviving spouse who remarried before reaching age 55
and before the date of the enactment of Love Lives On
Act of 2023, the Secretary shall resume payment of the
annuity to that surviving spouse--
``(i) except as provided by clause (ii),
for each month that begins on or after the date
that is one year after such date of enactment;
or
``(ii) on January 1, 2023, in the case of a
surviving spouse who elected to transfer
payment of that annuity to a surviving child or
children under the provisions of section
1448(d)(2)(B) of title 10, United States Code,
as in effect on December 31, 2019.''.
SEC. 5. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR REMARRIED
SPOUSES.
(a) Benefits.--Section 1062 of title 10, United States Code, is
amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(a) Certain Unremarried Former Spouses.--The Secretary of
Defense'';
(2) by striking ``commissary and exchange privileges'' and
inserting ``use commissary stores and MWR retail facilities'';
(3) by adding at the end the following new subsection:
``(b) Certain Remarried Surviving Spouses.--The Secretary of
Defense shall prescribe such regulations as may be necessary to provide
that a surviving spouse of a deceased member of the armed forces,
regardless of the marital status of the surviving spouse, is entitled
to use commissary stores and MWR retail facilities to the same extent
and on the same basis as an unremarried surviving spouse of a member of
the uniformed services.''; and
(4) by adding at the end the following new subsection:
``(c) MWR Retail Facilities Defined.--In this section, the term
`MWR retail facilities' has the meaning given that term in section
1063(e) of this title.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 1062 of title
10, United States Code, is amended to read as follows:
``Sec. 1062. Certain former spouses and surviving spouses''.
(2) Table of sections.--The table of sections at the
beginning of chapter 54 of title 10, United States Code, is
amended by striking the item relating to section 1062 and
inserting the following new item:
``1062. Certain former spouses and surviving spouses.''.
SEC. 6. EXPANSION OF DEFINITION OF DEPENDENT UNDER TRICARE PROGRAM TO
INCLUDE A REMARRIED WIDOW OR WIDOWER WHOSE SUBSEQUENT
MARRIAGE HAS ENDED.
Section 1072(2) of title 10, United States Code, is amended--
(1) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (I)(v), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(J) a remarried widow or widower whose subsequent
marriage has ended due to death, divorce, or
annulment.''.
SEC. 7. DEFINITION OF SURVIVING SPOUSE FOR PURPOSES OF VETERANS
BENEFITS.
Paragraph (3) of section 101 of title 38, United States Code, is
amended to read as follows:
``(3) The term `surviving spouse' means (except for
purposes of chapter 19 of this title) a person who was the
spouse of a veteran at the time of the veteran's death, and who
lived with the veteran continuously from the date of marriage
to the date of the veteran's death (except where there was a
separation which was due to the misconduct of, or procured by,
the veteran without the fault of the spouse) and who has not
remarried.''.
<all>
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118S1267 | Fair Housing Improvement Act of 2023 | [
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"sponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
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],
[
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"cosponsor"
],
[
"C001113",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1267
To amend the Fair Housing Act to prohibit discrimination based on
source of income, veteran status, or military status.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Kaine (for himself, Mrs. Feinstein, Mr. Padilla, Mr. Van Hollen,
Ms. Cortez Masto, Mr. Blumenthal, Mr. Welch, Mrs. Gillibrand, Mr.
Bennet, Ms. Klobuchar, Ms. Smith, Mr. Sanders, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Fair Housing Act to prohibit discrimination based on
source of income, veteran status, or military status.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Housing Improvement Act of
2023''.
SEC. 2. PROHIBITING HOUSING DISCRIMINATION BASED ON SOURCE OF INCOME,
VETERAN STATUS, OR MILITARY STATUS.
(a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is
amended--
(1) in section 802 (42 U.S.C. 3602), by adding at the end
the following:
``(p) `Military status' means the status of a person as a member of
the uniformed services, as defined in section 101 of title 10, United
States Code.
``(q) `Source of income' includes--
``(1) a housing voucher under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) and any form of
Federal, State, or local housing assistance provided to a
person or family or provided to a housing owner on behalf of a
person or family, including--
``(A) rental vouchers;
``(B) rental assistance;
``(C) rental subsidies from nongovernmental
organizations; and
``(D) homeownership subsidies;
``(2) income received as a monthly benefit under title II
of the Social Security Act (42 U.S.C. 401 et seq.), as a
supplemental security income benefit under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), or as a benefit
under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.), including any such benefit to which the individual is
entitled for which payment is made to a representative payee;
``(3) income received by court order, including spousal
support and child support;
``(4) any payment from a trust, guardian, conservator,
cosigner, or relative; and
``(5) any other lawful source of income or funds, including
savings accounts and investments.
``(r) `Veteran status' means the status of a person as a former
member of the Armed Forces.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) by inserting ``source of income, veteran
status, military status,'' after ``familial status,''
each place that term appears; and
(B) in subsection (f), by adding at the end the
following:
``(10) Nothing in this title shall be construed to prohibit any
entity from providing or otherwise making available any services or
other assistance to individuals receiving Federal, State or local
housing assistance.'';
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by inserting ``source of
income, veteran status, military status,'' after
``familial status,''; and
(B) in subsection (c), by inserting ``source of
income, veteran status, military status,'' after
``handicap,'';
(4) in section 806 (42 U.S.C. 3606), by inserting ``source
of income, veteran status, military status,'' after ``familial
status,'';
(5) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``source of income, veteran status, military
status,'' after ``handicap,''; and
(6) in section 810(f) (42 U.S.C. 3610(f)), by striking
paragraph (4) and inserting the following:
``(4) During the period beginning on the date of enactment of the
Fair Housing Improvement Act of 2023 and ending on the date that is 40
months after such date of enactment, each agency certified for purposes
of this title on the day before such date of enactment shall, for
purposes of this subsection, be considered certified under this
subsection with respect to those matters for which the agency was
certified on that date. If the Secretary determines in an individual
case that an agency has not been able to meet the certification
requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in that
jurisdiction, the Secretary may extend such period by not more than 6
months.''.
(b) Prevention of Intimidation in Fair Housing Cases.--Section 901
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by
inserting ``source of income (as defined in section 802), veteran
status (as defined in section 802), military status (as defined in
section 802),'' before ``or national origin'' each place that term
appears.
<all>
</pre></body></html>
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118S1268 | Strengthening Research in Adult Education Act | [
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1268
To amend the Education Sciences Reform Act of 2002 and the Educational
Technical Assistance Act of 2002 to strengthen research in adult
education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Reed (for himself and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Education Sciences Reform Act of 2002 and the Educational
Technical Assistance Act of 2002 to strengthen research in adult
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 ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (13), (14) through (22), and (23), as
paragraphs (3) through (9), (11) through (15), (17)
through (25), and (27), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (29
U.S.C. 3272).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).'';
(D) by inserting after paragraph (15), as
redesignated by subparagraph (A) the following:
``(16) Information literacy skills.--The term `information
literacy skills' means the set of skills needed to find,
retrieve, understand, evaluate, analyze, discern the
reliability and accuracy of, and effectively use information
(which encompasses spoken and broadcast words and videos,
printed materials, and digital content, data, and images).'';
and
(E) by inserting after paragraph (25), as
redesignated by subparagraph (A), the following:
``(26) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, and adult
education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(29 U.S.C. 3271 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``children'' and inserting ``individuals'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy, numeracy, digital
literacy skills, and information literacy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research initiatives regarding the impact
of adult education and literacy activities, including--
``(A) research into successful State and local
adult education and literacy activities that--
``(i) result in increased literacy,
numeracy, digital literacy skills, information
literacy skills, and educational attainment for
adult learners; or
``(ii) prepare students for postsecondary
education or employment; and
``(B) research to determine which indicators of
performance and measurable skills gains are most
effective, valid, reliable, and accessible for use
across a broad range of adult education and literacy
programs to assess the progress of adult learners and
improve instruction in adult education and literacy
programs.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least 1 center shall be assigned the topic of
adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (E)
through (M), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy skills.'';
``(D) Information literacy skills.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by striking subparagraph (D) and inserting the
following:
``(D) secondary school graduation and completion
rates, including the four-year adjusted cohort
graduation rate and the extended-year adjusted cohort
graduation rate (as defined in section 8101 of the
Elementary and Secondary Education Act (20 U.S.C.
7801)), school dropout rates, and adult literacy;'';
(B) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(C) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(D) in subparagraph (L), as redesignated by
subparagraph (B), by inserting ``and in adult
education'' after ``secondary schools'';
(8) in section 154(b)(2)(A) (20 U.S.C. 9544(b)(2)(A)), by
striking ``vocational and adult education,'' and inserting
``career and technical education, adult education,''; and
(9) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy skills and information literacy skills; and''.
(b) Educational Technical Assistance Act of 2002.--Section
206(b)(2) of the Educational Technical Assistance Act of 2002 (20
U.S.C. 9605(b)(2)) is amended--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
<all>
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118S1269 | INSULIN Act of 2023 | [
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1269 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1269
To reduce the price of insulin and provide for patient protections with
respect to the cost of insulin.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mrs. Shaheen (for herself 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 reduce the price of insulin and provide for patient protections with
respect to the cost of insulin.
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 ``Improving Needed
Safeguards for Users of Lifesaving Insulin Now Act of 2023'' or the
``INSULIN Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMERCIAL MARKET PATIENT PROTECTIONS
Sec. 101. Requirements with respect to cost-sharing for certain insulin
products.
Sec. 102. Application to retiree and certain small group plans.
Sec. 103. Administration.
TITLE II--PHARMACY BENEFIT MANAGER TRANSPARENCY AND REBATE REFORM
Sec. 201. Full rebate on insulin pass-through to plan.
TITLE III--BIOSIMILAR BIOLOGICAL PRODUCT AND GENERIC DRUG COMPETITION
AND AFFORDABILITY
Sec. 301. Ensuring timely access to generics.
Sec. 302. Permitted mid-year changes in Medicare part D plan
formularies for certain biosimilar
biological products and the reference
product of such biosimilars.
Sec. 303. Expediting competitive biosimilar competition.
Sec. 304. Insulin competition report.
TITLE I--COMMERCIAL MARKET PATIENT PROTECTIONS
SEC. 101. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN
PRODUCTS.
(a) 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 COST-SHARING FOR CERTAIN
INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after January 1,
2024, a group health plan or health insurance issuer offering group or
individual health insurance coverage shall provide coverage of selected
insulin products, and with respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing requirements in excess of,
per 30-day supply--
``(A) for any applicable plan year beginning before
January 1, 2025, $35; or
``(B) for any plan year beginning on or after
January 1, 2025, the lesser of--
``(i) $35; or
``(ii) the amount equal to 25 percent of
the negotiated price of the selected insulin
product net of all price concessions received
by or on behalf of the plan or issuer,
including price concessions received by or on
behalf of third-party entities providing
services to the plan or issuer, such as
pharmacy benefit management services or third
party administrators.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means, for any plan year beginning on or
after January 1, 2024, at least one of each dosage form (such
as vial, pen, or inhaler dosage forms) of each different type
(such as rapid-acting, short-acting, intermediate-acting, long-
acting, and pre-mixed) of insulin, when such form is licensed
and marketed, as selected by the group health plan or health
insurance issuer.
``(2) Insulin.--The term `insulin' means insulin that is
licensed under subsection (a) or (k) of section 351 and
continues to be marketed pursuant to such licensure.
``(c) Out-of-Network Providers.--Nothing in this section requires a
plan or issuer that has a network of providers to provide benefits for
selected insulin products described in this section that are delivered
by an out-of-network provider, or precludes a plan or issuer that has a
network of providers from imposing higher cost-sharing than the levels
specified in subsection (a) for selected insulin products described in
this section that are delivered by an out-of-network provider.
``(d) Rule of Construction.--Subsection (a) shall not be construed
to require coverage of, or prevent a group health plan or health
insurance coverage from imposing cost-sharing other than the levels
specified in subsection (a) on, insulin products that are not selected
insulin products, to the extent that such coverage is not otherwise
required and such cost-sharing is otherwise permitted under Federal and
applicable State law.
``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection
(a)(2) shall be counted toward any deductible or out-of-pocket maximum
that applies under the plan or coverage.
``(f) Other Requirements.--A group health plan or health insurance
issuer offering group or individual health insurance coverage shall not
impose, directly or through an entity providing pharmacy benefit
management services, any prior authorization or other medical
management requirement, or other similar conditions, on selected
insulin products, except as clinically justified for safety reasons, to
ensure reasonable quantity limits and as specified by the Secretary.''.
(b) No Effect on Other Cost-Sharing.--Section 1302(d)(2) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(2)) is
amended by adding at the end the following new subparagraph:
``(D) Special rule relating to insulin coverage.--
For plans years beginning on or after January 1, 2025,
the exemption of coverage of selected insulin products
(as defined in section 2799A-11(b) of the Public Health
Service Act) from the application of any deductible
pursuant to section 2799A-11(a)(1) of such Act, section
726(a)(1) of the Employee Retirement Income Security
Act of 1974, or section 9826(a)(1) of the Internal
Revenue Code of 1986 shall not be considered when
determining the actuarial value of a qualified health
plan under this subsection.''.
(c) Coverage of Certain Insulin Products Under Catastrophic
Plans.--Section 1302(e) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18022(e)) is amended by adding at the end the following:
``(4) Coverage of certain insulin products.--
``(A) In general.--Notwithstanding paragraph
(1)(B)(i), a health plan described in paragraph (1)
shall provide coverage of selected insulin products, in
accordance with section 2799A-11 of the Public Health
Service Act, before an enrolled individual has
incurred, during the plan year, cost-sharing expenses
in an amount equal to the annual limitation in effect
under subsection (c)(1) for the plan year.
``(B) Terminology.--For purposes of subparagraph
(A)--
``(i) the term `selected insulin products'
has the meaning given such term in section
2799A-11(b) of the Public Health Service Act;
and
``(ii) the requirements of section 2799A-11
of such Act shall be applied by deeming each
reference in such section to `individual health
insurance coverage' to be a reference to a plan
described in paragraph (1).''.
(d) 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.) is amended by adding at the end the
following:
``SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN
INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after January 1,
2024, a group health plan or health insurance issuer offering group
health insurance coverage shall provide coverage of selected insulin
products, and with respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing requirements in excess of,
per 30-day supply--
``(A) for any applicable plan year beginning before
January 1, 2025, $35; or
``(B) for any plan year beginning on or after
January 1, 2025, the lesser of--
``(i) $35; or
``(ii) the amount equal to 25 percent of
the negotiated price of the selected insulin
product net of all price concessions received
by or on behalf of the plan or issuer,
including price concessions received by or on
behalf of third-party entities providing
services to the plan or issuer, such as
pharmacy benefit management services or third
party administrators.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means, for any plan year beginning on or
after January 1, 2024, at least one of each dosage form (such
as vial, pen, or inhaler dosage forms) of each different type
(such as rapid-acting, short-acting, intermediate-acting, long-
acting, and pre-mixed) of insulin, when such form is licensed
and marketed, as selected by the group health plan or health
insurance issuer.
``(2) Insulin.--The term `insulin' means insulin that is
licensed under subsection (a) or (k) of section 351 of the
Public Health Service Act (42 U.S.C. 262) and continues to be
marketed pursuant to such licensure.
``(c) Out-of-Network Providers.--Nothing in this section requires a
plan or issuer that has a network of providers to provide benefits for
selected insulin products described in this section that are delivered
by an out-of-network provider, or precludes a plan or issuer that has a
network of providers from imposing higher cost-sharing than the levels
specified in subsection (a) for selected insulin products described in
this section that are delivered by an out-of-network provider.
``(d) Rule of Construction.--Subsection (a) shall not be construed
to require coverage of, or prevent a group health plan or health
insurance coverage from imposing cost-sharing other than the levels
specified in subsection (a) on, insulin products that are not selected
insulin products, to the extent that such coverage is not otherwise
required and such cost-sharing is otherwise permitted under Federal and
applicable State law.
``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection
(a)(2) shall be counted toward any deductible or out-of-pocket maximum
that applies under the plan or coverage.
``(f) Other Requirements.--A group health plan or health insurance
issuer offering group health insurance coverage shall not impose,
directly or through an entity providing pharmacy benefit management
services, any prior authorization or other medical management
requirement, or other similar conditions, on selected insulin products,
except as clinically justified for safety reasons, to ensure reasonable
quantity limits and as specified by the Secretary.''.
(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:
``Sec. 726. Requirements with respect to cost-sharing for certain
insulin products.''.
(e) Internal Revenue Code.--
(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. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN
INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after January 1,
2024, a group health plan shall provide coverage of selected insulin
products, and with respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing requirements in excess of,
per 30-day supply--
``(A) for any applicable plan year beginning before
January 1, 2025, $35; or
``(B) for any plan year beginning on or after
January 1, 2025, the lesser of--
``(i) $35; or
``(ii) the amount equal to 25 percent of
the negotiated price of the selected insulin
product net of all price concessions received
by or on behalf of the plan, including price
concessions received by or on behalf of third-
party entities providing services to the plan,
such as pharmacy benefit management services or
third party administrators.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means, for any plan year beginning on or
after January 1, 2024, at least one of each dosage form (such
as vial, pen, or inhaler dosage forms) of each different type
(such as rapid-acting, short-acting, intermediate-acting, long-
acting, and pre-mixed) of insulin, when such form is licensed
and marketed, as selected by the group health plan.
``(2) Insulin.--The term `insulin' means insulin that is
licensed under subsection (a) or (k) of section 351 of the
Public Health Service Act (42 U.S.C. 262) and continues to be
marketed pursuant to such licensure.
``(c) Out-of-Network Providers.--Nothing in this section requires a
plan that has a network of providers to provide benefits for selected
insulin products described in this section that are delivered by an
out-of-network provider, or precludes a plan that has a network of
providers from imposing higher cost-sharing than the levels specified
in subsection (a) for selected insulin products described in this
section that are delivered by an out-of-network provider.
``(d) Rule of Construction.--Subsection (a) shall not be construed
to require coverage of, or prevent a group health plan from imposing
cost-sharing other than the levels specified in subsection (a) on,
insulin products that are not selected insulin products, to the extent
that such coverage is not otherwise required and such cost-sharing is
otherwise permitted under Federal and applicable State law.
``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection
(a)(2) shall be counted toward any deductible or out-of-pocket maximum
that applies under the plan.
``(f) Other Requirements.--A group health plan shall not impose,
directly or through an entity providing pharmacy benefit management
services, any prior authorization or other medical management
requirement, or other similar conditions, on selected insulin products,
except as clinically justified for safety reasons, to ensure reasonable
quantity limits and as specified by the Secretary''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code, as amended by section
102(c)(2), is further amended by adding at the end the
following new item:
``Sec. 9827. Requirements with respect to cost-sharing for certain
insulin products.''.
SEC. 102. APPLICATION TO RETIREE AND CERTAIN SMALL GROUP PLANS.
(a) ERISA.--Section 732(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by striking
``section 711'' and inserting ``sections 711 and 726''.
(b) IRC.--The Internal Revenue Code of 1986 is amended--
(1) in section 9831(a), by adding at the end the following
flush text:
``Paragraph (2) shall not apply to the requirements under sections 9811
and 9826.''; and
(2) in section 4980D(d)(1), by striking ``section 9811''
and inserting ``sections 9811 and 9826''.
SEC. 103. ADMINISTRATION.
(a) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services, the Secretary of Labor, and
the Secretary of the Treasury may implement the provisions of,
including the amendments made by, this title for plan years that begin
on or after January 1, 2024, and end not later than January 1, 2027, by
subregulatory guidance, program instruction, or otherwise.
(b) Non-Application of the Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act of 1995''), shall not apply to the provisions of,
including the amendments made by, this title.
TITLE II--PHARMACY BENEFIT MANAGER TRANSPARENCY AND REBATE REFORM
SEC. 201. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
Part A of title XXVII of the Public Health Service Act (42 U.S.C.
300gg et seq.) is further amended by adding at the end the following:
``SEC. 2729A. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
``(a) In General.--A pharmacy benefits manager, a third-party
administrator of a group health plan, a health insurance issuer
offering group health insurance coverage, or an entity providing
pharmacy benefits management services under such health plan or health
insurance coverage shall remit 100 percent of rebates, fees,
alternative discounts, and all other remuneration received from a
pharmaceutical manufacturer, distributor or any other third party, that
are related to utilization of insulin under such health plan or health
insurance coverage, to the group health plan.
``(b) Form and Manner of Remittance.--Such rebates, fees,
alternative discounts, and other remuneration shall be--
``(1) remitted to the group health plan in a timely fashion
after the period for which such rebates, fees, or other
remuneration is calculated, and in no case later than 90 days
after the end of such period;
``(2) fully disclosed and enumerated to the group health
plan sponsor; and
``(3) available for audit by the plan sponsor, or a third-
party designated by a plan sponsor no less than once per plan
year.''.
TITLE III--BIOSIMILAR BIOLOGICAL PRODUCT AND GENERIC DRUG COMPETITION
AND AFFORDABILITY
SEC. 301. ENSURING TIMELY ACCESS TO GENERICS.
Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(q)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``,
10.31,'' after ``10.30'';
(B) in subparagraph (E)--
(i) by striking ``application and'' and
inserting ``application or'';
(ii) by striking ``If the Secretary'' and
inserting the following:
``(i) In general.--If the Secretary''; and
(iii) by striking the second sentence and
inserting the following:
``(ii) Primary purpose of delaying.--
``(I) In general.--In determining
whether a petition was submitted with
the primary purpose of delaying an
application, the Secretary may consider
the following factors:
``(aa) Whether the petition
was submitted in accordance
with paragraph (2)(B), based on
when the petitioner knew or
reasonably should have known
the relevant information relied
upon to form the basis of such
petition.
``(bb) Whether the
petitioner has submitted
multiple or serial petitions or
supplements to petitions
raising issues that reasonably
could have been known to the
petitioner at the time of
submission of the earlier
petition or petitions.
``(cc) Whether the petition
was submitted close in time to
a known, first date upon which
an application under subsection
(b)(2) or (j) of this section
or section 351(k) of the Public
Health Service Act could be
approved.
``(dd) Whether the petition
was submitted without relevant
data or information in support
of the scientific positions
forming the basis of such
petition.
``(ee) Whether the petition
raises the same or
substantially similar issues as
a prior petition to which the
Secretary has responded
substantively already,
including if the subsequent
submission follows such
response from the Secretary
closely in time.
``(ff) Whether the petition
requests changing the
applicable standards that other
applicants are required to
meet, including requesting
testing, data, or labeling
standards that are more onerous
or rigorous than the standards
the Secretary has determined to
be applicable to the listed
drug, reference product, or
petitioner's version of the
same drug.
``(gg) The petitioner's
record of submitting petitions
to the Food and Drug
Administration that have been
determined by the Secretary to
have been submitted with the
primary purpose of delay.
``(hh) Other relevant and
appropriate factors, which the
Secretary shall describe in
guidance.
``(II) Guidance.--The Secretary may
issue or update guidance, as
appropriate, to describe factors the
Secretary considers in accordance with
subclause (I).'';
(C) by adding at the end the following:
``(iii) Referral to the federal trade
commission.--The Secretary shall establish
procedures for referring to the Federal Trade
Commission any petition or supplement to a
petition that the Secretary determines was
submitted with the primary purpose of delaying
approval of an application. Such procedures
shall include notification to the petitioner by
the Secretary.'';
(D) by striking subparagraph (F);
(E) by redesignating subparagraphs (G) through (I)
as subparagraphs (F) through (H), respectively; and
(F) in subparagraph (H), as so redesignated, by
striking ``submission of this petition'' and inserting
``submission of this document'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (C)
as subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so
redesignated, the following:
``(A) In general.--A person shall submit a petition
to the Secretary under paragraph (1) before filing a
civil action in which the person seeks to set aside,
delay, rescind, withdraw, or prevent submission,
review, or approval of an application submitted under
subsection (b)(2) or (j) of this section or section
351(k) of the Public Health Service Act. Such petition
and any supplement to such a petition shall describe
all information and arguments that form the basis of
the relief requested in any civil action described in
the previous sentence.
``(B) Timely submission of citizen petition.--A
petition and any supplement to a petition shall be
submitted within 60 days after the person knew, or
reasonably should have known, the information that
forms the basis of the request made in the petition or
supplement.'';
(C) in subparagraph (C), as so redesignated--
(i) in the heading, by striking ``within
150 days'';
(ii) in clause (i), by striking ``during
the 150-day period referred to in paragraph
(1)(F),''; and
(iii) by amending clause (ii) to read as
follows:
``(ii) on or after the date that is 151
days after the date of submission of the
petition, the Secretary approves or has
approved the application that is the subject of
the petition without having made such a final
decision.'';
(D) by amending subparagraph (D), as so
redesignated, to read as follows:
``(D) Dismissal of certain civil actions.--
``(i) Petition.--If a person files a civil
action against the Secretary in which a person
seeks to set aside, delay, rescind, withdraw,
or prevent submission, review, or approval of
an application submitted under subsection
(b)(2) or (j) of this section or section 351(k)
of the Public Health Service Act without
complying with the requirements of subparagraph
(A), the court shall dismiss without prejudice
the action for failure to exhaust
administrative remedies.
``(ii) Timeliness.--If a person files a
civil action against the Secretary in which a
person seeks to set aside, delay, rescind,
withdraw, or prevent submission, review, or
approval of an application submitted under
subsection (b)(2) or (j) of this section or
section 351(k) of the Public Health Service Act
without complying with the requirements of
subparagraph (B), the court shall dismiss with
prejudice the action for failure to timely file
a petition.
``(iii) Final response.--If a civil action
is filed against the Secretary with respect to
any issue raised in a petition timely filed
under paragraph (1) in which the petitioner
requests that the Secretary take any form of
action that could, if taken, set aside, delay,
rescind, withdraw, or prevent submission,
review, or approval of an application submitted
under subsection (b)(2) or (j) of this section
or section 351(k) of the Public Health Service
Act before the Secretary has taken final agency
action on the petition within the meaning of
subparagraph (C), the court shall dismiss
without prejudice the action for failure to
exhaust administrative remedies.''; and
(E) in clause (iii) of subparagraph (E), as so
redesignated, by striking ``as defined under
subparagraph (2)(A)'' and inserting ``within the
meaning of subparagraph (C)''; and
(3) in paragraph (4)--
(A) by striking ``Exceptions'' and all that follows
through ``This subsection does'' and inserting
``Exceptions.--This subsection does'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly.
SEC. 302. PERMITTED MID-YEAR CHANGES IN MEDICARE PART D PLAN
FORMULARIES FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS
AND THE REFERENCE PRODUCT OF SUCH BIOSIMILARS.
(a) In General.--Section 1860D-4(b) of the Social Security Act (42
5 U.S.C. 1395w-104(b)) is amended by adding at the end the following
new paragraph:
``(5) Mid-year changes in formularies permitted for certain
biosimilar biological products and the reference product of
such biosimilars.--If a PDP sponsor of a prescription drug plan
uses a formulary (including the use of tiered cost-sharing),
the following shall apply:
``(A) In general.--For plan year 2024, and
subsequent plan years, in the case of a covered part D
drug that is the reference biological product (as
defined in section 1847A(c)(6)(I)) with respect to a
biosimilar biological product (as defined in section
1847A(c)(6)(H)), the PDP sponsor may, with respect to a
formulary, at any time after the first 60 days of the
plan year, subject to paragraph (3)(E), change the
preferred or tiered cost-sharing status of such
reference biological product if such PDP sponsor adds,
at the same time, to such formulary such biosimilar
biological product at the same or a higher preferred
status, or to the same or lower cost-sharing tier, as
that of such reference biological product immediately
prior to such change.
``(B) Request for approval of change.--Prior to
making a change described in clause (i), the PDP
sponsor shall submit to the Secretary a request to make
such change. If the Secretary approves the request or
has not provided a decision to the PDP sponsor
regarding such request within 30 days of receiving such
request, such PDP sponsor may make such change.''.
(b) Administration.--
(1) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendment made by subsection (a) by subregulatory guidance,
program instruction, or otherwise.
(2) Non-application of the paperwork reduction act.--
Chapter 35 of title 44, United States Code (commonly referred
to as the ``Paperwork Reduction Act of 1995''), shall not apply
to the implementation of the amendment made by subsection (a).
SEC. 303. EXPEDITING COMPETITIVE BIOSIMILAR COMPETITION.
(a) In General.--Section 351(k) of the Public Health Service Act
(42 U.S.C. 262(k)) is amended by adding at the end the following:
``(10) Expediting competitive biosimilar competition.--
``(A) In general.--The Secretary may, at the
request of the sponsor of an application under this
subsection for a biosimilar biological product that is
designated as a competitive biosimilar therapy pursuant
to subsection (b), expedite the development and review
of such application under this subsection.
``(B) Designation process.--
``(i) Request.--The sponsor of an
application under this subsection may request
the Secretary to designate the drug as a
competitive biosimilar therapy. A request for
such designation may be made concurrently with,
or at any time prior to, the submission of a
biosimilar biological product license
application under this subsection.
``(ii) Criteria.--A biological product is
eligible for designation as a competitive
biosimilar therapy under this paragraph if the
Secretary determines that there is inadequate
biosimilar competition.
``(iii) Designation.--Not later than 60
calendar days after the receipt of a request
under clause (i), the Secretary may--
``(I) determine whether the
biosimilar biological product that is
the subject of the request meets the
criteria described in clause (ii); and
``(II) if the Secretary finds that
such product meets such criteria,
designate the biosimilar biological
product as a competitive biosimilar
therapy.
``(C) Actions.--In expediting the development and
review of an application under subparagraph (A), the
Secretary may, as requested by the applicant, take
actions including the following:
``(i) Hold meetings with the sponsor and
the review team throughout the development of
the biosimilar biological product prior to
submission of the application under this
subsection.
``(ii) Provide timely advice to, and
interactive communication with, the sponsor
regarding the development of the drug to ensure
that the development program to gather the data
necessary for approval is as efficient as
practicable.
``(iii) Involve senior managers and
experienced review staff, as appropriate, in a
collaborative, coordinated review of such
application, including with respect to
biological product-device combination products
and other complex products.
``(iv) Assign a cross-disciplinary project
lead--
``(I) to facilitate an efficient
review of the development program and
application, including manufacturing
inspections; and
``(II) to serve as a scientific
liaison between the review team and the
applicant.
``(D) Inspections.--With respect to an application
described in subparagraph (A), in the case of an
inspection report that finds approval of such
biological product is dependent upon remediation of a
facility, if the applicant attests that necessary
changes have been made to the facility, the Secretary
shall expedite reinspection of such facility, including
establishing a set timeline to reinspect the facility
or make a determination about the response of the
applicant and whether to approve the application.
``(E) Reporting requirement.--Not later than 1 year
after the date of licensure under this subsection with
respect to a biosimilar biological product for which
the development and review is expedited under this
paragraph, the holder of the license of such biosimilar
biological product shall report to the Secretary on
whether the biosimilar biological product has been
marketed in interstate commerce since the date of such
licensure.
``(F) Inadequate biosimilar competition.--In this
paragraph, the term `inadequate biosimilar competition'
means, with respect to a biological product, there are
fewer than 3 licensed biological products on the list
published under paragraph (9)(A) (not including
biological products on the discontinued section of such
list) that are biosimilar biological products with the
same reference product.''.
SEC. 304. INSULIN COMPETITION REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Health and Human Services, in collaboration with the
Administrator for the Centers for Medicare & Medicaid Services and the
Commissioner of Food and Drugs, shall--
(1) complete a study to determine the extent of, and causes
of, delays in getting insulin products to market, and the
market dynamics and extent biosimilar biological product
development and competition could increase, or is increasing,
the number of biological products approved and available to
patients, including by examining barriers to--
(A) placement of biosimilar biological products on
health insurance formularies;
(B) market entry of insulin product in the United
States, as compared to other highly developed nations;
and
(C) patient and provider education around
biosimilar biological products; and
(2) submit a report to Congress that describes the results
of the study conducted pursuant to paragraph (1) and
recommended policy solutions.
<all>
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118S127 | Pharmacy Benefit Manager Transparency Act of 2023 | [
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... | <p><b>Pharmacy Benefit Manager Transparency Act of 2023</b></p> <p>This bill generally prohibits pharmacy benefit managers (PBMs) from engaging in certain practices when managing the prescription drug benefits under a health insurance plan, including charging the plan a different amount than the PBM reimburses the pharmacy. </p> <p>The bill also prohibits PBMs from arbitrarily, unfairly, or deceptively (1) clawing back reimbursement payments, or (2) increasing fees or lowering reimbursements to pharmacies to offset changes to federally funded health plans.</p> <p>PBMs are not subject to these prohibitions if they (1) pass along 100% of any price concession or discount to the health plan, and (2) disclose specified costs, prices, reimbursements, fees, markups, discounts, and aggregate payments received with respect to their PBM services.</p> <p>Further, PBMs must report annually to the Federal Trade Commission (FTC) certain information about payments received from health plans and fees charged to pharmacies.</p> <p>The FTC and state attorneys general are authorized to enforce the provisions of the bill.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 127 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 127
To prevent unfair and deceptive acts or practices and the dissemination
of false information related to pharmacy benefit management services
for prescription drugs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Ms. Cantwell (for herself, Mr. Grassley, Mrs. Hyde-Smith, Mr. Braun,
Mr. Moran, Mr. Tillis, Mr. Tester, and Mrs. Capito) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prevent unfair and deceptive acts or practices and the dissemination
of false information related to pharmacy benefit management services
for prescription drugs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Benefit Manager
Transparency Act of 2023''.
SEC. 2. PROHIBITION ON UNFAIR OR DECEPTIVE PRESCRIPTION DRUG PRICING
PRACTICES.
(a) Conduct Prohibited.--Except as provided in subsection (b), it
shall be unlawful for any pharmacy benefit manager (or affiliate,
subsidiary, or agent of a pharmacy benefit manager), directly or
indirectly, to engage in any of the following activities related to
pharmacy benefit management services:
(1) Charge a health plan or payer a different amount for a
prescription drug's ingredient cost or dispensing fee than the
amount the pharmacy benefit manager reimburses a pharmacy for
the prescription drug's ingredient cost or dispensing fee where
the pharmacy benefit manager retains the amount of any such
difference.
(2) Arbitrarily, unfairly, or deceptively, by contract or
any other means, reduce, rescind, or otherwise claw back any
reimbursement payment, in whole or in part, to a pharmacist or
pharmacy for a prescription drug's ingredient cost or
dispensing fee.
(3) Arbitrarily, unfairly, or deceptively, by contract or
any other means, increase fees or lower reimbursement to a
pharmacy in order to offset reimbursement changes instructed by
the Federal Government under any health plan funded by the
Federal Government.
(b) Exceptions.--A pharmacy benefit manager shall not be in
violation of subsection (a) if the pharmacy benefit manager meets the
following conditions:
(1) The pharmacy benefit manager, affiliate, subsidiary, or
agent passes along or returns 100 percent of any price
concession to a health plan or payer, including any rebate,
discount, or other price concession.
(2) The pharmacy benefit manager, affiliate, subsidiary, or
agent provides full and complete disclosure of--
(A) the cost, price, and reimbursement of the
prescription drug to each health plan, payer, and
pharmacy with which the pharmacy benefit manager,
affiliate, subsidiary, or agent has a contract or
agreement to provide pharmacy benefit management
services;
(B) each fee, markup, and discount charged or
imposed by the pharmacy benefit manager, affiliate,
subsidiary, or agent to each health plan, payer, and
pharmacy with which the pharmacy benefit manager,
affiliate, subsidiary, or agent has a contract or
agreement for pharmacy benefit management services; or
(C) the aggregate amount of all remuneration the
pharmacy benefit manager receives from a prescription
drug manufacturer for a prescription drug, including
any rebate, discount, administration fee, and any other
payment or credit obtained or retained by the pharmacy
benefit manager, or affiliate, subsidiary, or agent of
the pharmacy benefit manager, pursuant to a contract or
agreement for pharmacy benefit management services to a
health plan, payer, or any Federal agency (upon the
request of the agency).
SEC. 3. PROHIBITION ON FALSE INFORMATION.
It shall be unlawful for any person to report information related
to pharmacy benefit management services to a Federal department or
agency if--
(1) the person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the false or misleading information reported by the
person would affect analysis or information compiled by the
Federal department or agency for statistical or analytical
purposes with respect to the market for pharmacy benefit
management services.
SEC. 4. TRANSPARENCY.
(a) Reporting by Pharmacy Benefit Managers.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter, each
pharmacy benefit manager (or affiliate, subsidiary, or agent of a
pharmacy benefit manager) shall report to the Commission the following
information:
(1) The aggregate amount of the difference between the
amount the pharmacy benefit manager was paid by each health
plan and the amount that the pharmacy benefit manager paid each
pharmacy on behalf of the health plan for prescription drugs.
(2) The aggregate amount of any--
(A) generic effective rate fee charged to each
pharmacy;
(B) direct and indirect remuneration fee charged or
other price concession to each pharmacy; and
(C) payment rescinded or otherwise clawed back from
a reimbursement made to each pharmacy.
(3) If, during the reporting year, the pharmacy benefit
manager moved or reassigned a prescription drug to a formulary
tier that has a higher cost, higher copayment, higher
coinsurance, or higher deductible to a consumer, or a lower
reimbursement to a pharmacy, an explanation of the reason why
the drug was moved or reassigned from 1 tier to another,
including whether the move or reassignment was determined or
requested by a prescription drug manufacturer or other entity.
(4) With respect to any pharmacy benefit manager that owns,
controls, or is affiliated with a pharmacy, a report regarding
any difference in reimbursement rates or practices, direct and
indirect remuneration fees or other price concessions, and
clawbacks between a pharmacy that is owned, controlled, or
affiliated with the pharmacy benefit manager and any other
pharmacy.
(b) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that
addresses, at a minimum--
(A) the number of actions brought by the Commission
during the reporting year to enforce this Act and the
outcome of each such enforcement action;
(B) the number of open investigations or inquiries
into potential violations of this Act as of the time
the report is submitted;
(C) the number and nature of complaints received by
the Commission relating to an allegation of a violation
of this Act during the reporting year;
(D) an anonymized summary of the reports filed with
the Commission pursuant to subsection (a) for the
reporting year; and
(E) policy or legislative recommendations to
strengthen any enforcement action relating to a
violation of this Act, including recommendations to
include additional prohibited conduct in section 2(a).
(2) Formulary design or placement practices.--Not later
than 1 year after the date of enactment of this Act, the
Commission shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
addresses the policies, practices, and role of pharmacy benefit
managers (including their affiliates, subsidiaries, and agents)
regarding formulary design or placement, including whether--
(A) pharmacy benefit managers (including their
affiliates, subsidiaries, and agents) use formulary
design or placement to increase their gross revenue
without an accompanying increase in patient access or
decrease in patient cost; or
(B) such policies or practices of pharmacy benefit
managers regarding formulary design or placement
violate section 5(a) of the Federal Trade Commission
Act (15 U.S.C. 45(a)).
(3) Construction.--Nothing in this section shall be
construed as authorizing the Commission to disclose any
information that is a trade secret or confidential information
described in section 552(b)(4) of title 5, United States Code.
(c) GAO Study.--Not later than 1 year 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, the
Committee on Finance, and the Committee on Health, Education, Labor,
and Pensions of the Senate and to the Committee on Ways and Means and
the Committee on Energy and Commerce of the House of Representatives a
report that--
(1) addresses, at minimum--
(A) the role that pharmacy benefit managers play in
the pharmaceutical supply chain;
(B) the state of competition among pharmacy benefit
managers, including the market share for the Nation's
10 largest pharmacy benefit managers;
(C) the use of rebates and fees by pharmacy benefit
managers, including data for each of the 10 largest
pharmacy benefit managers that reflects, for each drug
in the formulary of each such pharmacy benefit
manager--
(i) the amount of the rebate passed on to
patients;
(ii) the amount of the rebate passed on to
payors;
(iii) the amount of the rebate kept by the
pharmacy benefit manager; and
(iv) the role of fees charged by the
pharmacy benefit manager;
(D) whether pharmacy benefit managers structure
their formularies in favor of high-rebate prescription
drugs over lower-cost, lower-rebate alternatives;
(E) the average prior authorization approval time
for each of the 10 largest pharmacy benefit managers;
(F) factors affecting the use of step therapy in
each of the 10 largest pharmacy benefit managers; and
(G) the extent to which the price that pharmacy
benefit managers charge payors, such as the Medicare
program under title XXVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), State Medicaid programs under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), the Federal Employees Health Benefits Program
under chapter 89 of title 5, United States Code, or
private payors, for a drug is more than such pharmacy
benefit managers pay the pharmacy for the drug; and
(2) provides recommendations for legislative action to
lower the cost of prescription drugs for consumers and payors,
improve the efficiency of the pharmaceutical supply chain by
lowering intermediary costs, improve competition in pharmacy
benefit management, and provide transparency in pharmacy
benefit management.
SEC. 5. WHISTLEBLOWER PROTECTIONS.
(a) In General.--A pharmacy benefit manager, health plan,
pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or
agent thereof shall not, directly or indirectly, discharge, demote,
suspend, diminish, or withdraw benefits from, threaten, harass, or in
any other manner discriminate against or adversely impact a covered
individual because--
(1) the covered individual, or anyone perceived as
assisting the covered individual, takes (or is suspected to
have taken or will take) a lawful action in providing to
Congress, an agency of the Federal Government, the attorney
general of a State, a State regulator with authority over the
distribution or insurance coverage of prescription drugs, or a
law enforcement agency relating to any act or omission that the
covered individual reasonably believes to be a violation of
this Act;
(2) the covered individual provides information that the
covered individual reasonably believes evidences such a
violation to--
(A) a person with supervisory authority over the
covered individual at the pharmacy benefit manager,
health plan, pharmaceutical manufacturer, pharmacy, or
any affiliate, subsidiary, or agent thereof; or
(B) another individual working for the pharmacy
benefit manager, health plan, pharmaceutical
manufacturer, pharmacy, or any affiliate, subsidiary,
or agent thereof who the covered individual reasonably
believes has the authority to investigate, discover, or
terminate the violation or to take any other action to
address the violation;
(3) the covered individual testifies (or it is suspected
that the covered individual will testify) in an investigation
or judicial or administrative proceeding concerning such a
violation;
(4) the covered individual assists or participates (or it
is expected that the covered individual will assist or
participate) in such an investigation or judicial or
administrative proceeding; or
(5) the covered individual takes any other action to assist
in carrying out the purposes of this Act.
(b) Enforcement.--An individual who alleges any adverse action in
violation of subsection (a) may bring an action for a jury trial in the
appropriate district court of the United States for the following
relief:
(1) Temporary relief while the case is pending.
(2) Reinstatement with the same seniority status that the
individual would have had, but for the discharge or
discrimination.
(3) Twice the amount of back pay otherwise owed to the
individual, with interest.
(4) Consequential and compensatory damages, and
compensation for litigation costs, expert witness fees, and
reasonable attorneys' fees.
(c) Waiver of Rights and Remedies.--The rights and remedies
provided for in this section shall not be waived by any policy form or
condition of employment, including by a predispute arbitration
agreement.
(d) Predispute Arbitration Agreements.--No predispute arbitration
agreement shall be valid or enforceable if the agreement requires
arbitration of a dispute arising under this section.
SEC. 6. ENFORCEMENT.
(a) Enforcement by the Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this Act shall be treated as a violation of a rule defining an
unfair or deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this Act in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Subject to
paragraph (3), any person who violates this Act shall
be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations and insurance.--
Notwithstanding section 4 or 6 of the Federal Trade
Commission Act (15 U.S.C. 44, 46), section 2 of
McCarran-Ferguson Act (15 U.S.C. 1012), or any other
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act, in the same
manner provided in subparagraphs (A) and (B) of this
paragraph, with respect to--
(i) organizations not organized to carry on
business for their own profit or that of their
members; and
(ii) the business of insurance, and persons
engaged in such business.
(D) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Commission under any other provision of law.
(3) Penalties.--
(A) Additional civil penalty.--In addition to any
penalty applicable under the Federal Trade Commission
Act (15 U.S.C. 41 et seq.), any person that violates
this Act shall be liable for a civil penalty of not
more than $1,000,000.
(B) Method.--The penalties provided by subparagraph
(A) shall be obtained in the same manner as civil
penalties imposed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(C) Multiple offenses; mitigating factors.--In
assessing a penalty under subparagraph (A)--
(i) each day of a continuing violation
shall be considered a separate violation; and
(ii) the court shall take into
consideration, among other factors--
(I) the seriousness of the
violation;
(II) the efforts of the person
committing the violation to remedy the
harm caused by the violation in a
timely manner; and
(III) whether the violation was
intentional.
(b) Enforcement by States.--
(1) In general.--If the attorney general of a State has
reason to believe that an interest of the residents of the
State has been or is being threatened or adversely affected by
a practice that violates this Act, the attorney general of the
State may bring a civil action on behalf of the residents of
the State in an appropriate district court of the United States
to obtain appropriate relief.
(2) Rights of the commission.--
(A) Notice to the commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State,
before initiating a civil action under
paragraph (1), shall provide written
notification to the Commission that the
attorney general intends to bring such civil
action.
(ii) Contents.--The notification required
under clause (i) shall include a copy of the
complaint to be filed to initiate the civil
action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required under clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by the commission.--The Commission
may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Construction.--Nothing in this subsection may be
construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which--
(i) the defendant is an inhabitant, may be
found, or transacts business; or
(ii) venue is proper under section 1391 of
title 28, United States Code.
(5) Actions by other state officials.--
(A) In general.--If an attorney general lacks
appropriate jurisdiction to bring a civil action under
paragraph (1), any other officer of a State who is
authorized by the State to do so may bring a civil
action under paragraph (1), subject to the same
requirements and limitations that apply under this
subsection to civil actions brought by attorneys
general.
(B) Clarification of authority.--The authority
provided by subparagraph (A) shall supplant, and not
supplement, the authorities of State attorneys general
under paragraph (1).
(C) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(c) Affirmative Defense.--In an action brought under this section
to enforce section 2, it shall be an affirmative defense, on which the
defendant has the burden of persuasion by a preponderance of the
evidence, that the conduct alleged to be a violation of section 2 was
nonpretextual and reasonably necessary to--
(1) prevent a violation of, or comply with, Federal or
State law;
(2) protect patient safety; or
(3) protect patient access.
SEC. 7. EFFECT ON STATE LAWS.
Nothing in this Act shall be construed to preempt, displace, or
supplant any State laws, rules, regulations, or requirements, or the
enforcement thereof.
SEC. 8. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Covered individual.--The term ``covered individual''
means a current or former employee, contractor, subcontractor,
service provider, or agent of a pharmacy benefit manager,
health plan, pharmaceutical manufacturer, pharmacy, or any
affiliate, subsidiary, or agent thereof.
(3) Health plan.--The term ``health plan'' means any group
or individual health insurance plan or coverage, including any
health insurance plan or coverage sponsored or funded by the
Federal Government or the government of any State, Territory,
or subdivision thereof.
(4) Pharmacy benefit manager.--The term ``pharmacy benefit
manager'' means any entity that provides pharmacy benefit
management services on behalf of a health plan, a payer, or
health insurance issuer.
(5) Pharmacy benefit management services.--The term
``pharmacy benefit management services'' means, pursuant to a
written agreement with a payer or health plan offering group or
individual health insurance coverage, directly or through an
intermediary, the service of--
(A) negotiating terms and conditions, including
rebates and price concessions, with respect to a
prescription drug on behalf of the health plan,
coverage, or payer; or
(B) managing the prescription drug benefits
provided by the health plan, coverage, or payer, which
may include formulary management 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, or
the provision of related services.
(6) Prescription drug.--The term ``prescription drug''
means--
(A) a drug, as that term is defined in section
201(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)), that is--
(i) approved by the Food and Drug
Administration under section 505 of such Act
(21 U.S.C. 355); and
(ii) subject to the requirements of section
503(b)(1) of such Act (21 U.S.C. 353(b)(1));
(B) a biological product as that term is defined in
section 351 of the Public Health Service Act (42 U.S.C.
262(i)(1)); or
(C) a product that is biosimilar to, or
interchangeable with, a biologic product under section
351 of the Public Health Service Act (42 U.S.C.
262(i)).
<all>
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118S1270 | AID Youth Employment Act | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1270 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1270
To amend the Workforce Innovation and Opportunity Act to provide
funding, on a competitive basis, for summer and year-round employment
opportunities for youth ages 14 through 24.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Durbin (for himself and Ms. Duckworth) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Workforce Innovation and Opportunity Act to provide
funding, on a competitive basis, for summer and year-round employment
opportunities for youth ages 14 through 24.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisting In Developing Youth
Employment Act'' or the ``AID Youth Employment Act''.
SEC. 2. YOUTH EMPLOYMENT OPPORTUNITIES.
Title I of the Workforce Innovation and Opportunity Act is
amended--
(1) by redesignating subtitle E (29 U.S.C. 3241 et seq.) as
subtitle F; and
(2) by inserting after subtitle D (29 U.S.C. 3221 et seq.)
the following:
``Subtitle E--Youth Employment Opportunities
``SEC. 176. DEFINITIONS.
``In this subtitle:
``(1) Eligible youth.--The term `eligible youth' means an
individual who--
``(A) is not younger than age 14 or older than age
24; and
``(B) is--
``(i) an in-school youth;
``(ii) an out-of-school youth; or
``(iii) an unemployed individual.
``(2) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given the
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) In-school youth; out-of-school youth.--The terms `in-
school youth' and `out-of-school youth' have the meanings given
the terms in section 129(a)(1).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(5) Marginalized.--The term `marginalized', used with
respect to an individual, includes individuals who are
homeless, in foster care, involved in the juvenile or criminal
justice system, or are not enrolled in or at risk of dropping
out of an educational institution and who live in an
underserved community that has faced trauma through acute or
long-term exposure to substantial discrimination, historical or
cultural oppression, intergenerational poverty, civil unrest, a
high rate of violence, or a high rate of drug overdose
mortality.
``(6) Subsidized employment.--The term `subsidized
employment' means employment for which the employer receives a
total or partial subsidy to offset costs of employing an
eligible youth under this subtitle.
``(7) Tribal area.--The term `tribal area' means--
``(A) an area on or adjacent to an Indian
reservation;
``(B) land held in trust by the United States for
Indians;
``(C) a public domain Indian allotment;
``(D) a former Indian reservation in Oklahoma; and
``(E) land held by an incorporated Native group,
Regional Corporation, or Village Corporation under the
provisions of the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
``(8) Tribal college or university.--The term `tribal
college or university' has the meaning given the term `Tribal
College or University' in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
``(9) Tribally designated housing entity.--The term
`tribally designated housing entity', used with respect to an
Indian tribe (as defined in this section), has the meaning
given in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103).
``SEC. 176A. ALLOCATION OF FUNDS.
``(a) Allocation.--Of the funds appropriated under section 176E
that remain available after any reservation under subsection (b), the
Secretary may make available--
``(1) not more than $1,800,000,000 in accordance with
section 176B to provide eligible youth with subsidized summer
employment opportunities; and
``(2) not more than $2,400,000,000 in accordance with
section 176C to provide eligible youth with subsidized year-
round employment opportunities.
``(b) Reservation.--The Secretary may reserve not more than 10
percent of the funds appropriated under section 176E to provide
technical assistance and oversight, in order to assist eligible
entities in applying for and administering grants awarded under this
subtitle.
``SEC. 176B. SUMMER EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(1), the Secretary shall award, on a competitive basis,
planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a
summer youth employment program to provide subsidized
summer employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program, to provide such
opportunities.
``(b) Periods and Amounts of Grants.--
``(1) Planning grants.--The Secretary may award a planning
grant under this section for a 1-year period, in an amount of
not more than $250,000.
``(2) Implementation grants.--The Secretary may award an
implementation grant under this section for a 3-year period, in
an amount of not more than $6,000,000.
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall--
``(A) be a--
``(i) State, local government, or Indian
tribe or tribal organization, that meets the
requirements of paragraph (2); or
``(ii) community-based organization that
meets the requirements of paragraph (3); and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in
paragraph (4).
``(2) Government partnerships.--An entity that is a State,
local government, or Indian tribe or tribal organization
referred to in paragraph (1) shall demonstrate that the entity
has entered into a partnership with State, local, or tribal
entities--
``(A) that shall include--
``(i) a local educational agency or tribal
educational agency (as defined in section 6132
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7452));
``(ii) a local board or tribal workforce
development agency;
``(iii) a State, local, or tribal agency
serving youth under the jurisdiction of the
juvenile justice system or criminal justice
system;
``(iv) a State, local, or tribal child
welfare agency;
``(v) a State, local, or tribal agency or
community-based organization, with--
``(I) expertise in providing
counseling services, and trauma-
informed and gender-responsive trauma
prevention, identification, referral,
and support (including treatment)
services; and
``(II) a proven track record of
serving low-income vulnerable youth and
out-of-school youth;
``(vi) if the State, local government, or
Indian tribe or tribal organization is seeking
an implementation grant, and has not
established a summer youth employment program,
an entity that is carrying out a State, local,
or tribal summer youth employment program; and
``(vii) an employer or employer
association; and
``(B) that may include--
``(i) an institution of higher education or
tribal college or university;
``(ii) a representative of a labor or
labor-management organization;
``(iii) an entity that carries out a
program that receives funding under the
Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601 et seq.) or section 212
of the Second Chance Act of 2007 (42 U.S.C.
17532);
``(iv) a collaborative applicant as defined
in section 401 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360) or a private
nonprofit organization that serves homeless
individuals and households (including such an
applicant or organization that serves
individuals or households that are at risk of
homelessness in tribal areas) or serves foster
youth;
``(v) an entity that carries out a program
funded under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301
et seq.), including Native American programs
funded under section 116 of that Act (20 U.S.C.
2326) and tribally controlled postsecondary
career and technical institution programs
funded under section 117 of that Act (20 U.S.C.
2327);
``(vi) a local or tribal youth committee;
``(vii) a State or local public housing
agency or a tribally designated housing entity;
and
``(viii) another appropriate State, local,
or tribal agency.
``(3) Community-based organization partnerships.--A
community-based organization referred to in paragraph (1) shall
demonstrate that the organization has entered into a
partnership with State, local, or tribal entities--
``(A) that shall include--
``(i) a unit of general local government or
tribal government;
``(ii) an agency described in paragraph
(2)(A)(i);
``(iii) a local board or tribal workforce
development agency;
``(iv) a State, local, or tribal agency
serving youth under the jurisdiction of the
juvenile justice system or criminal justice
system;
``(v) a State, local, or tribal child
welfare agency;
``(vi) if the organization is seeking an
implementation grant, and has not established a
summer youth employment program, an entity that
is carrying out a State, local, or tribal
summer youth employment program; and
``(vii) an employer or employer
association; and
``(B) that may include one or more entities
described in paragraph (2)(B).
``(4) Entities eligible for particular grants.--
``(A) Entities eligible for planning grants.--The
Secretary may award a planning grant under this section
to an eligible entity that--
``(i) is preparing to establish or expand a
summer youth employment program that meets the
minimum requirements specified in subsection
(d); and
``(ii) has not received a grant under this
section.
``(B) Entities eligible for implementation
grants.--
``(i) In general.--The Secretary may award
an implementation grant under this section to
an eligible entity that--
``(I) has received a planning grant
under this section; or
``(II) has established a summer
youth employment program and
demonstrates a minimum level of
capacity to enhance or expand the
summer youth employment program
described in the application submitted
under subsection (d).
``(ii) Capacity.--In determining whether an
entity has the level of capacity referred to in
clause (i)(II), the Secretary may include as
capacity--
``(I) the entity's staff capacity
and staff training to deliver youth
employment services; and
``(II) the entity's existing youth
employment services (as of the date of
submission of the application submitted
under subsection (d)) that are
consistent with the application.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this section
for a summer youth employment program shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require,
including, at a minimum, each of the following:
``(A) With respect to an application for a planning
or implementation grant--
``(i) a description of the eligible youth
for whom summer employment services will be
provided;
``(ii) a description of the eligible
entity, and a description of the expected
participation and responsibilities of each of
the partners in the partnership described in
subsection (c);
``(iii) information demonstrating
sufficient need for the grant in the State,
local, or tribal population, which may include
information showing--
``(I) a high level of unemployment
among youth (including young adults)
ages 14 through 24;
``(II) a high rate of out-of-school
youth;
``(III) a high rate of
homelessness;
``(IV) a high rate of poverty;
``(V) a high rate of adult
unemployment;
``(VI) a high rate of community or
neighborhood crime;
``(VII) a high rate of violence; or
``(VIII) a high level or rate on
another indicator of need;
``(iv) a description of the strategic
objectives the eligible entity seeks to achieve
through the program to provide eligible youth
with core work readiness skills, which may
include--
``(I) financial literacy skills,
including providing the support
described in section 129(b)(2)(D);
``(II) sector-based technical
skills aligned with employer needs;
``(III) skills that--
``(aa) are soft employment
skills, early work skills, or
work readiness skills; and
``(bb) include social
skills, communications skills,
higher-order thinking skills,
self-control, and positive
self-concept; and
``(IV) (for the marginalized
eligible youth) basic skills like
communication, math, and problem
solving in the context of training for
advancement to better jobs and
postsecondary training; and
``(v) information demonstrating that the
eligible entity has obtained commitments to
provide the non-program share described in
paragraph (2) of subsection (h).
``(B) With respect to an application for a planning
grant--
``(i) a description of the intermediate and
long-term goals for planning activities for the
duration of the planning grant;
``(ii) a description of how grant funds
will be used to develop a plan to provide
summer employment services for eligible youth;
``(iii) a description of how the eligible
entity will carry out an analysis of best
practices for identifying, recruiting, and
engaging program participants, in particular
the marginalized eligible youth;
``(iv) a description of how the eligible
entity will carry out an analysis of best
practices for placing youth participants--
``(I) in opportunities that--
``(aa) are appropriate
subsidized employment
opportunities with employers
based on factors including age,
skill, experience, career
aspirations, work-based
readiness, and barriers to
employment; and
``(bb) may include
additional services for
participants, including core
work readiness skill
development and mentorship
services;
``(II) in summer employment that--
``(aa) is not less than 6
weeks;
``(bb) follows a schedule
of not more than 20 hours per
week;
``(cc) pays wages at rates
not less than the applicable
Federal, State, or local
minimum wage rate; and
``(dd) for employment
involving construction, pays
wages at rates not less than
those previously on similar
construction in the locality as
determined by the Secretary in
accordance with subchapter IV
of chapter 31 of title 40,
United States Code (commonly
known as the `Davis-Bacon
Act'); and
``(v) a description of how the eligible
entity plans to develop a mentorship program or
connect youth with positive, supportive
mentorships, consistent with paragraph (3).
``(C) With respect to an application for an
implementation grant--
``(i) a description of how the eligible
entity plans to identify, recruit, and engage
program participants, in particular the
marginalized eligible youth;
``(ii) a description of the manner in which
the eligible entity plans to place eligible
youth participants in subsidized employment
opportunities, and in summer employment,
described in subparagraph (B)(iv);
``(iii) (for a program serving the
marginalized eligible youth), a description of
workplaces for the subsidized employment
involved, which may include workplaces in the
public, private, and nonprofit sectors;
``(iv) a description of how the eligible
entity plans to provide or connect eligible
youth participants with positive, supportive
mentorships, consistent with paragraph (3);
``(v) a description of services that will
be available to employers participating in the
youth employment program, to provide
supervisors involved in the program with
coaching and mentoring on--
``(I) how to support youth
development;
``(II) how to structure learning
and reflection; and
``(III) how to deal with youth
challenges in the workplace;
``(vi) a description of how the eligible
entity plans to offer structured pathways back
into employment and a youth employment program
under this section for eligible youth who have
been terminated from employment or removed from
the program;
``(vii) a description of how the eligible
entity plans to engage eligible youth beyond
the duration of the summer employment
opportunity, which may include--
``(I) developing or partnering with
a year-round youth employment program;
``(II) referring eligible youth to
other year-round programs, which may
include--
``(aa) programs funded
under section 176C or the Carl
D. Perkins Career and Technical
Education Act of 2006 (20
U.S.C. 2301 et seq.);
``(bb) after school
programs;
``(cc) secondary or
postsecondary education
programs;
``(dd) training programs;
``(ee) cognitive behavior
therapy programs;
``(ff) apprenticeship
programs; and
``(gg) national service
programs;
``(III) employing a full-time,
permanent staff person who is
responsible for youth outreach,
followup, and recruitment; or
``(IV) connecting eligible youth
with job development services,
including career counseling, resume and
job application assistance, interview
preparation, and connections to job
leads;
``(viii) evidence of the eligible entity's
capacity to provide the services described in
this subsection; and
``(ix) a description of the quality of the
summer youth employment program, including a
program that leads to a recognized
postsecondary credential.
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a summer
youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the Secretary
develops after consultation with the tribe or organization.
``(3) Mentor.--For purposes of subparagraphs (B)(iv),
(B)(v), and (C)(iv) of paragraph (1), a mentor--
``(A) shall be an individual who has been matched
with an eligible youth based on the youth's needs;
``(B) shall make contact with the eligible youth at
least once each week;
``(C) shall be a trusted member of the local
community; and
``(D) may include--
``(i) a mentor trained in trauma-informed
care (including provision of trauma-informed
trauma prevention, identification, referral, or
support services to youth that have experienced
or are at risk of experiencing trauma),
conflict resolution, and positive youth
development;
``(ii) a job coach trained to provide youth
with guidance on how to navigate the workplace
and troubleshoot problems;
``(iii) a supervisor trained to provide at
least two performance assessments and serve as
a reference; or
``(iv) a peer mentor who is a former or
current participant in the youth employment
program involved.
``(e) Awards for Populations and Areas.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(1)--
``(A) 50 percent to award grants under this section
for planning or provision of subsidized summer
employment opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for
planning or provision of such opportunities for out-of-
school youth.
``(2) Areas.--
``(A) In general.--In awarding the grants, the
Secretary shall consider the regional diversity of the
areas to be served, to ensure that urban, suburban,
rural, and tribal areas are receiving grant funds.
``(B) Rural and tribal area inclusion.--
``(i) Rural areas.--Not less than 20
percent of the amounts made available under
section 176A(a)(1) for each fiscal year shall
be made available for activities to be carried
out in rural areas.
``(ii) Tribal areas.--Not less than 5
percent of the amounts made available under
section 176A(a)(1) for each fiscal year shall
be made available for activities to be carried
out in tribal areas.
``(f) Program Priorities.--In allocating funds under this section,
the Secretary shall give priority to eligible entities--
``(1) who propose to coordinate their activities--
``(A) with local or tribal employers; and
``(B) with agencies described in subsection
(c)(2)(A)(i) to ensure the summer youth employment
programs provide clear linkages to remedial, academic,
and occupational programs carried out by the agencies;
``(2) who propose a plan to increase private sector
engagement in, and job placement through, summer youth
employment; and
``(3) who have, in their counties, States, or tribal areas
(as compared to other counties in their State, other States, or
other tribal areas, respectively), a high level or rate
described in subsection (d)(1)(A)(iii).
``(g) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section may use the grant funds for services
described in subsection (d).
``(2) Discretionary uses.--The eligible entity may also use
the funds--
``(A) to provide wages to eligible youth in
subsidized summer employment programs;
``(B) to provide eligible youth with support
services, including case management, child care
assistance, child support services, and transportation
assistance; and
``(C) to develop data management systems to assist
with programming, evaluation, and records management.
``(3) Administration.--An eligible entity may reserve not
more than 10 percent of the grant funds for the administration
of activities under this section.
``(4) Carry-over authority.--Any amounts provided to an
eligible entity under this section for a fiscal year may, at
the discretion of the Secretary, remain available to that
entity for expenditure during the succeeding fiscal year to
carry out programs under this section.
``(h) Program Share.--
``(1) Planning grants.--The program share for a planning
grant awarded under this section shall be 100 percent of the
cost described in subsection (a)(2)(A).
``(2) Implementation grants.--
``(A) In general.--The program share for an
implementation grant awarded under this section shall
be 50 percent of the cost described in subsection
(a)(2)(B).
``(B) Exception.--Notwithstanding subparagraph (A),
the Secretary--
``(i) may increase the program share for an
eligible entity; and
``(ii) shall increase the program share for
an Indian tribe or tribal organization to not
less than 95 percent of the cost described in
subsection (a)(2)(B).
``(C) Non-program share.--The eligible entity may
provide the non-program share of the cost--
``(i) in cash or in-kind, fairly evaluated,
including plant, equipment, or services; and
``(ii) from State, local, tribal or private
(including philanthropic) sources and, in the
case of an Indian tribe or tribal organization,
from Federal sources.
``SEC. 176C. YEAR-ROUND EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(2), the Secretary shall award, on a competitive basis,
planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a
year-round youth employment program to provide
subsidized year-round employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program to provide such
opportunities.
``(b) Periods and Amounts of Grants.--The planning grants shall
have the periods and amounts described in section 176B(b)(1). The
implementation grants shall have the periods and grants described in
section 176B(b)(2).
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall,
except as provided in paragraph (2)--
``(A) be a--
``(i) State, local government, or Indian
tribe or tribal organization, that meets the
requirements of section 176B(c)(2); or
``(ii) community-based organization that
meets the requirements of section 176B(c)(3);
and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in
section 176B(c)(4).
``(2) Year-round youth employment programs.--For purposes
of paragraph (1), any reference in section 176B(c)--
``(A) to a summer youth employment program shall be
considered to refer to a year-round youth employment
program; and
``(B) to a provision of section 176B shall be
considered to refer to the corresponding provision of
this section.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this section
for a year-round youth employment program shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require,
including, at a minimum, each of the following:
``(A) With respect to an application for a planning
or implementation grant, the information and
descriptions specified in section 176B(d)(1)(A).
``(B) With respect to an application for a planning
grant, the descriptions specified in section
176B(d)(1)(B), except that the description of an
analysis for placing youth in employment described in
clause (iv)(II)(bb) of that section shall cover
employment that follows a schedule--
``(i) that consists of--
``(I) not more than 15 hours per
week for in-school youth; and
``(II) not less than 20 and not
more than 40 hours per week for out-of-
school youth; and
``(ii) that depends on the needs and work-
readiness level of the population being served.
``(C) With respect to an application for an
implementation grant, the descriptions and evidence
specified in section 176B(d)(1)(C)--
``(i) except that the reference in section
176B(d)(1)(C)(ii) to employment described in
section 176B(d)(1)(B) shall cover employment
that follows the schedule described in
subparagraph (B); and
``(ii) except that the reference to
programs in clause (vii)(II)(aa) of that
section shall be considered to refer only to
programs funded under the Carl D. Perkins
Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.).
``(D) With respect to an application for an
implementation grant--
``(i) a description of how the eligible
entity plans to provide mental health services,
as needed, to eligible youth participants; and
``(ii) a description of how the eligible
entity plans to address barriers to
participation among eligible youth, including
provding transportation and child care.
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a year-round
youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the Secretary
develops after consultation with the tribe or organization.
``(3) Mentor.--For purposes of paragraph (1), any reference
in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section
176B(d)(1) to a mentor shall be considered to refer to a mentor
who--
``(A) shall be an individual described in
subparagraphs (A) and (C) of section 176B(d)(3);
``(B) shall make contact with the eligible youth at
least twice each week; and
``(C) may be an individual described in section
176B(d)(3)(D).
``(4) Year-round employment.--For purposes of this
subsection, any reference in section 176B(d)--
``(A) to summer employment shall be considered to
refer to year-round employment; and
``(B) to a provision of section 176B shall be
considered to refer to the corresponding provision of
this section.
``(e) Awards for Populations and Areas; Priorities.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(2)--
``(A) 50 percent to award grants under this section
for planning or provision of subsidized year-round
employment opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for
planning or provision of such opportunities for out-of-
school youth.
``(2) Areas; priorities.--In awarding the grants, the
Secretary shall--
``(A) carry out section 176B(e)(2); and
``(B) give priority to eligible entities--
``(i) who--
``(I) propose the coordination and
plan described paragraphs (1) and (2)
of section 176B(f), with respect to
year-round youth employment; and
``(II) meet the requirements of
section 176B(f)(3); or
``(ii) who--
``(I) propose a plan to coordinate
activities with entities carrying out
State, local, or tribal summer youth
employment programs, to provide
pathways to year-round employment for
eligible youth who are ending summer
employment; and
``(II) meet the requirements of
section 176B(f)(3).
``(f) Use of Funds.--An eligible entity that receives a grant under
this section may use the grant funds--
``(1) for services described in subsection (d);
``(2) as described in section 176B(g)(2), with respect to
year-round employment programs;
``(3) as described in section 176B(g)(3), with respect to
activities under this section; and
``(4) at the discretion of the Secretary, as described in
section 176B(g)(4), with respect to activities under this
section.
``(g) Program Share.--
``(1) Planning grants.--The provisions of section
176B(h)(1) shall apply to planning grants awarded under this
section, with respect to the cost described in subsection
(a)(2)(A).
``(2) Implementation grants.--The provisions of section
176B(h)(2) shall apply to implementation grants awarded under
this section, with respect to the cost described in subsection
(a)(2)(B).
``SEC. 176D. EVALUATION AND ADMINISTRATION.
``(a) Performance Measures.--
``(1) Establishment.--The Secretary shall establish
performance measures for purposes of carrying out annual
reviews under subsection (b) and of developing and implementing
a system of continuous quality improvement under subsection
(c).
``(2) Components.--The performance measures for the
eligible entities shall consist of--
``(A) the indicators of performance described in
paragraph (3); and
``(B) an adjusted level of performance for each
indicator described in subparagraph (A).
``(3) Indicators of performance.--
``(A) In general.--The indicators of performance
shall consist of--
``(i) the percentage of youth employment
program participants who are in education or
training activities, or in employment, during
the second quarter after exit from the program;
``(ii) the percentage of youth employment
program participants who are in education or
training activities, or in employment, during
the fourth quarter after exit from the program;
``(iii) the percentage of youth employment
program participants who obtain a recognized
postsecondary credential, or a secondary school
diploma or its recognized equivalent (subject
to subparagraph (B)), during participation in
or within 1 year after exit from the program;
and
``(iv) the percentage of youth employment
program participants who, during a program
year, are in a youth employment program that
includes an education or training program that
leads to an outcome specified by the Secretary,
which may include--
``(I) obtaining a recognized
postsecondary credential or employment;
or
``(II) achieving measurable skill
gains toward such a credential or
employment.
``(B) Indicator relating to credential.--For
purposes of subparagraph (A)(iii), youth employment
program participants who obtain a secondary school
diploma or its recognized equivalent shall be included
in the percentage counted as meeting the criterion
under such subparagraph only if such participants, in
addition to obtaining such diploma or its recognized
equivalent, have obtained or retained employment or are
in a youth employment program that includes an
education or training program leading to a recognized
postsecondary credential within 1 year after exit from
the program.
``(4) Levels of performance.--
``(A) In general.--For each eligible entity, there
shall be established, in accordance with this
paragraph, levels of performance for each of the
corresponding indicators of performance described in
paragraph (3).
``(B) Identification in application.--Each eligible
entity shall identify, in the application submitted
under subsection (d) of section 176B or 176C, expected
levels of performance for each of those indicators of
performance for each program year covered by the
application.
``(C) Agreement on adjusted levels of
performance.--The eligible entity shall reach agreement
with the Secretary on levels of performance for each of
those indicators of performance for each such program
year. The levels agreed to shall be considered to be
the adjusted levels of performance for the eligible
entity for such program years and shall be incorporated
into the application prior to the approval of such
application.
``(b) Annual Review.--The Secretary shall carry out an annual
review of each eligible entity receiving a grant under this subtitle.
In conducting the review, the Secretary shall review the performance of
the entity on the performance measures under this section and determine
if the entity has used any practices that shall be considered best
practices for purposes of this subtitle.
``(c) Continuous Quality Improvement.--
``(1) In general.--The Secretary shall, in addition to
conducting the annual review, develop and implement a system of
continuous quality improvement designed to improve the quality
of activities carried out under this subtitle.
``(2) Activities.--In implementing the system, the
Secretary shall carry out activities including--
``(A) using the performance measures established
under this section, to assess the quality of employment
programs funded under sections 176B and 176C and
providing the eligible entities carrying out those
programs with continuing feedback on their performance
on those measures;
``(B) creating improvement plans to address quality
issues concerning the employment programs;
``(C) providing targeted support (including
technical assistance and training) to staff of the
eligible entities on improving the quality of the
employment programs in areas where the system
demonstrates that improvements are needed; and
``(D) publishing and disseminating information on
the quality of the employment programs.
``(d) Report to Congress.--
``(1) Preparation.--The Secretary shall prepare a report on
the grant programs established by this subtitle, which report
shall include a description of--
``(A) the eligible entities receiving funding under
this subtitle;
``(B) the activities carried out by the eligible
entities;
``(C) how the eligible entities were selected to
receive funding under this subtitle;
``(D) an assessment of the results achieved by the
grant programs including findings from the annual
reviews conducted under subsection (b); and
``(E) a description of the development and
implementation of, and outcomes from, the system of
continuous quality improvement described in subsection
(c).
``(2) Submission.--Not later than 3 years after the date of
enactment of the AID Youth Employment Act, and annually
thereafter, the Secretary shall submit a report described in
paragraph (1) to the appropriate committees of Congress.
``(e) Application to Indian Tribes and Tribal Organizations.--The
Secretary may issue regulations that clarify the application of all the
provisions of this subtitle to Indian tribes and tribal organizations.
``SEC. 176E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) to carry out section 176B, $375,000,000 for each of
fiscal years 2024 through 2028; and
``(2) to carry out section 176C, $500,000,000 for each of
fiscal years 2024 through 2028.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) References.--
(1) Section 121(b)(1)(C)(ii)(II) of the Workforce
Investment and Opportunity Act (29 U.S.C.
3152(b)(1)(C)(ii)(II)) is amended by striking ``subtitles C
through E'' and inserting ``subtitles C through F''.
(2) Section 503(b) of such Act (29 U.S.C. 3343(b)) is
amended by inserting before the period the following: ``(as
such subtitles were in effect on the day before the date of
enactment of this Act)''.
(b) Table of Contents.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to the subtitle
heading for subtitle E of title I and inserting the following:
``Subtitle E--Youth Employment Opportunities
``Sec. 176. Definitions.
``Sec. 176A. Allocation of funds.
``Sec. 176B. Summer employment competitive grant program.
``Sec. 176C. Year-round employment competitive grant program.
``Sec. 176D. Evaluation and administration.
``Sec. 176E. Authorization of appropriations.''.
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118S1271 | FEND Off Fentanyl Act | [
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"Sen. V... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1271
To impose sanctions with respect to trafficking of illicit fentanyl and
its precursors by transnational criminal organizations, including
cartels, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Scott of South Carolina (for himself, Mr. Brown, Mr. Wicker, and
Mr. Reed) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To impose sanctions with respect to trafficking of illicit fentanyl and
its precursors by transnational criminal organizations, including
cartels, and for other 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 ``Fentanyl
Eradication and Narcotics Deterrence Off Fentanyl Act'' or the ``FEND
Off Fentanyl Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
TITLE I--SANCTIONS MATTERS
Subtitle A--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
Sec. 101. Finding; policy.
Sec. 102. Use of national emergency authorities; reporting.
Sec. 103. Codification of Executive order imposing sanctions with
respect to foreign persons involved in
global illicit drug trade.
Sec. 104. Imposition of sanctions with respect to fentanyl trafficking
by transnational criminal organizations.
Sec. 105. Penalties; waivers; exceptions.
Sec. 106. Treatment of blocked property of transnational criminal
organizations.
Subtitle B--Other Matters
Sec. 111. Eight-year statute of limitations for violations of
sanctions.
Sec. 112. Repeal of prohibition on imposition of sanctions with respect
to importation of goods under Fentanyl
Sanctions Act.
Sec. 113. Classified report and briefing on staffing of Office of
Foreign Assets Control.
Sec. 114. Report on drug transportation routes and use of vessels with
mislabeled cargo.
TITLE II--ANTI-MONEY LAUNDERING MATTERS
Sec. 201. Designation of illicit fentanyl transactions of sanctioned
persons as of primary money laundering
concern.
Sec. 202. Treatment of transnational criminal organizations in
suspicious transactions reports of the
Financial Crimes Enforcement Network.
Sec. 203. Report on trade-based money laundering in trade with Mexico,
the People's Republic of China, and Burma.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the proliferation of fentanyl is causing an
unprecedented surge in overdose deaths in the United States,
fracturing families and communities, and necessitating a
comprehensive policy response to combat its lethal flow and to
mitigate the drug's devastating consequences;
(2) the trafficking of fentanyl into the United States is a
national security threat that has killed hundreds of thousands
of United States citizens;
(3) transnational criminal organizations, including cartels
primarily based in Mexico, are the main purveyors of fentanyl
into the United States and must be held accountable;
(4) precursor chemicals sourced from the People's Republic
of China are--
(A) shipped from the People's Republic of China by
legitimate and illegitimate means;
(B) transformed through various synthetic processes
to produce different forms of fentanyl; and
(C) crucial to the production of illicit fentanyl
by transnational criminal organizations, contributing
to the ongoing opioid crisis;
(5) the United States Government must remain vigilant to
address all new forms of fentanyl precursors and drugs used in
combination with fentanyl, such as Xylazine, which attribute to
overdose deaths of people in the United States;
(6) to increase the cost of fentanyl trafficking, the
United States Government should work collaboratively across
agencies and should surge analytic capability to impose
sanctions and other remedies with respect to transnational
criminal organizations (including cartels), including foreign
nationals who facilitate the trade in illicit fentanyl and its
precursors from the People's Republic of China and such
organizations; and
(7) the Department of the Treasury should focus on fentanyl
trafficking and its facilitators as one of the top national
security priorities for the Department.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign
country; or
(ii) any entity not organized under the
laws of the United States or a jurisdiction
within the United States; and
(B) does not include the government of a foreign
country.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) Trafficking.--The term ``trafficking'', with respect to
fentanyl, fentanyl precursors, or other related opioids, has
the meaning given the term ``opioid trafficking'' in section
7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
(5) Transnational criminal organization.--The term
``transnational criminal organization'' includes--
(A) any organization designated as a significant
transnational criminal organization under part 590 of
title 31, Code of Federal Regulations;
(B) any of the organizations known as--
(i) the Sinaloa Cartel;
(ii) the Jalisco New Generation Cartel;
(iii) the Gulf Cartel;
(iv) the Los Zetas Cartel;
(v) the Juarez Cartel;
(vi) the Tijuana Cartel;
(vii) the Beltran-Leyva Cartel;
(viii) La Familia Michoacana, also known as
the Knights Templar Cartel; or
(ix) La Nueva Familia Michoacan;
(C) any other organization that the President
determines is a transnational criminal organization; or
(D) any successor organization to an organization
described in subparagraph (B) or as otherwise
determined by the President.
(6) 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;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
TITLE I--SANCTIONS MATTERS
Subtitle A--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
SEC. 101. FINDING; POLICY.
(a) Finding.--Congress finds that international trafficking of
fentanyl, fentanyl precursors, or other related opioids constitutes an
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States, and is a national emergency.
(b) Policy.--It shall be the policy of the United States to apply
economic and other financial sanctions to those who engage in the
international trafficking of fentanyl, fentanyl precursors, or other
related opioids to protect the national security, foreign policy, and
economy of the United States.
SEC. 102. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
(a) In General.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
subtitle.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
pursuant to this subtitle and any national emergency declared
with respect to the trafficking of fentanyl, including--
(A) the issuance of any new or revised regulations,
policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from
outside parties;
(D) the approval or denial of licenses by the
Office of Foreign Assets Control;
(E) the initiation of enforcement cases; or
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include the
matters required by subparagraphs (C), (D), (E), and (F) of
that paragraph in a classified annex.
SEC. 103. CODIFICATION OF EXECUTIVE ORDER IMPOSING SANCTIONS WITH
RESPECT TO FOREIGN PERSONS INVOLVED IN GLOBAL ILLICIT
DRUG TRADE.
United States sanctions provided for in Executive Order 14059 (50
U.S.C. 1701 note; relating to imposing sanctions on foreign persons
involved in the global illicit drug trade), and any amendments to or
directives issued pursuant to such Executive orders before the date of
the enactment of this Act, shall remain in effect.
SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL TRAFFICKING
BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines--
(1) is knowingly involved in the significant trafficking of
fentanyl, fentanyl precursors, or other related opioids by a
transnational criminal organization; or
(2) otherwise is knowingly involved in significant
activities of a transnational criminal organization relating to
the trafficking of fentanyl, fentanyl precursors, or other
related opioids.
(b) Sanctions Described.--The President may, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in property and interests in
property of a foreign person described in subsection (a) if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report on actions
taken by the executive branch with respect to the foreign persons
identified under subsection (a).
SEC. 105. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this subtitle or any
regulation, license, or order issued to carry out this subtitle shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(b) Waiver Authority.--
(1) In general.--The President may waive the imposition of
sanctions under this subtitle if the President determines, and
reports to the appropriate congressional committees, that--
(A) the waiver is needed for humanitarian purposes;
or
(B) the national emergency described in section 101
has ended.
(2) National security waiver.--The President may waive the
application of sanctions under this subtitle with respect to a
foreign person if the President determines that the waiver is
in the national security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This subtitle
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under section 102(c)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
of the United States.
(3) Exception to comply with usmca.--Sanctions under this
subtitle shall not apply in a case in which such sanctions
would conflict with provisions of the USMCA (as defined in
section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502)).
(4) Humanitarian exemption.--The President may not impose
sanctions under this subtitle with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
SEC. 106. TREATMENT OF BLOCKED PROPERTY OF TRANSNATIONAL CRIMINAL
ORGANIZATIONS.
(a) Transfer of Blocked Property to Forfeiture Funds.--
(1) In general.--The President may transfer the proceeds of
any covered forfeited property to the Department of the
Treasury Forfeiture Fund established under section 9705 of
title 31, United States Code, or the Department of Justice
Assets Forfeiture Fund established under section 524(c) of
title 28, United States Code.
(2) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the appropriate
congressional committees a report on any transfers made under
paragraph (1) during the 180-day period preceding submission of
the report.
(3) Covered forfeited property defined.--In this
subsection, the term ``covered forfeited property'' means
property--
(A) seized by the Department of Justice under
chapter 46 or section 1963 of title 18, United States
Code; and
(B) that belonged to or was possessed by a
transnational criminal organization subject to
sanctions under--
(i) this subtitle;
(ii) the Fentanyl Sanctions Act (21 U.S.C.
2301 et seq.); or
(iii) Executive Order 14059 (50 U.S.C. 1701
note; relating to imposing sanctions on foreign
persons involved in the global illicit drug
trade).
(b) Blocked Assets Under Terrorism Risk Insurance Act of 2002.--
Nothing in this subtitle affects the treatment of blocked assets of a
terrorist party described in subsection (a) of section 201 of the
Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).
Subtitle B--Other Matters
SEC. 111. EIGHT-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF
SANCTIONS.
(a) International Emergency Economic Powers Act.--Section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705) is
amended by adding at the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
shall not be entertained unless commenced within eight
years after the latest date of the violation upon which
the civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this
paragraph, the commencement of an action, suit, or
proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (c) unless
the indictment is found or the information is instituted within
eight years after the latest date of the violation upon which
the indictment or information is based.''.
(b) Trading With the Enemy Act.--Section 16 of the Trading with the
Enemy Act (50 U.S.C. 4315) is amended by adding at the end the
following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
shall not be entertained unless commenced within eight
years after the latest date of the violation upon which
the civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this
paragraph, the commencement of an action, suit, or
proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (a) unless
the indictment is found or the information is instituted within
eight years after the latest date of the violation upon which
the indictment or information is based.''.
SEC. 112. REPEAL OF PROHIBITION ON IMPOSITION OF SANCTIONS WITH RESPECT
TO IMPORTATION OF GOODS UNDER FENTANYL SANCTIONS ACT.
Section 7235 of the Fentanyl Sanctions Act (21 U.S.C. 2335) is
repealed.
SEC. 113. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF OFFICE OF
FOREIGN ASSETS CONTROL.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Office of Foreign Assets Control shall provide
to the appropriate congressional committees a classified report and
briefing on the staffing of the Office of Foreign Assets Control,
disaggregated by staffing dedicated to each sanctions program and each
country or issue.
SEC. 114. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF VESSELS WITH
MISLABELED CARGO.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury, in conjunction with the heads of
other relevant Federal agencies, shall provide to the appropriate
congressional committees a classified report and briefing on efforts to
target drug transportation routes and modalities, including an
assessment of the prevalence of false cargo labeling and shipment of
precursor chemicals without accurate tracking of the customers
purchasing the chemicals.
TITLE II--ANTI-MONEY LAUNDERING MATTERS
SEC. 201. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF SANCTIONED
PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.
Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 2311 et seq.)
is amended by inserting after section 7213 the following:
``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED PERSONS AS OF
PRIMARY MONEY LAUNDERING CONCERN.
``(a) In General.--If the Secretary of the Treasury determines that
reasonable grounds exist for concluding that one or more classes of
transactions within, or involving, a jurisdiction outside of the United
States is of primary money laundering concern in connection with
illicit opioid trafficking, the Secretary of the Treasury may, by
order, regulation, or otherwise as permitted by law--
``(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
provided for in section 9714(a)(1) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 31
U.S.C. 5318A note); and
``(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary) by any
domestic financial institution or domestic financial agency, if
such transmittal of funds involves any such class of
transactions.
``(b) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.)), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
``(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure referred to in section 9714(c)
of the National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 31 U.S.C. 5318A note) shall apply to any report or record
of report filed pursuant to a requirement imposed under subsection (a).
For purposes of section 552 of title 5, United States Code, this
section shall be considered a statute described in subsection (b)(3)(B)
of that section.
``(d) Penalties.--The penalties referred to in section 9714(d) of
the National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 31 U.S.C. 5318A note) shall apply to violations of any order,
regulation, special measure, or other requirement imposed under
subsection (a), in the same manner and to the same extent as described
in such section 9714(d).
``(e) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) in the same manner
and to the same extent as described in section 9714(e) of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 31
U.S.C. 5318A note).
``(f) Definitions.--In this section, the terms `domestic financial
agency', `domestic financial institution', `financial agency', and
`financial institution' have the meanings given those terms as used in
section 9714 of the National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 31 U.S.C. 5318A note).''.
SEC. 202. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS IN
SUSPICIOUS TRANSACTIONS REPORTS OF THE FINANCIAL CRIMES
ENFORCEMENT NETWORK.
(a) Filing Instructions.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Financial Crimes
Enforcement Network shall issue guidance or instructions to United
States financial institutions for filing reports on suspicious
transactions required by section 1010.320 of title 31, Code of Federal
Regulations, related to suspected fentanyl trafficking by transnational
criminal organizations.
(b) Prioritization of Reports Relating to Fentanyl Trafficking or
Transnational Criminal Organizations.--The Director shall prioritize
research into reports described in subsection (a) that indicate a
connection to trafficking of fentanyl or related synthetic opioids or
financing of suspected transnational criminal organizations.
SEC. 203. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE WITH MEXICO,
THE PEOPLE'S REPUBLIC OF CHINA, AND BURMA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall submit to the appropriate
congressional committees a report on trade-based money laundering
originating in Mexico or the People's Republic of China and involving
Burma.
<all>
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118S1272 | Presidential Audit and Tax Transparency Act | [
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... | <p> <strong></strong><strong>Presidential Audit and Tax Transparency Act</strong></p> <p>This bill requires the Internal Revenue Service (IRS) to conduct an examination to determine the correctness of a Presidential income tax return as rapidly as practicable after it is filed.</p> <p>The IRS must disclose and make publicly available (on the internet) an initial report, periodic reports, and a final report on the examination of such tax returns. The final report must include the date on which the IRS examination of the return was completed, a list of audit materials, and a description of each proposed adjustment to a return and any controversy relating to its examination. This disclosure of tax return information is an exception to the general rule of confidentiality of taxpayer returns. </p> <p>The bill defines<em> Presidential income tax return</em> as any relevant income tax return of (1) a president while the president is in office, (2) the spouse of a president, (3) a corporation or partnership controlled by a president or a president's spouse, and (4) the estate of a president or a president's spouse.</p> <p>The bill imposes additional disclosure requirements by presidents and presidential candidates under the Ethics in Government Act of 1978.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1272 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1272
To amend the Internal Revenue Code of 1986 to provide for examination
and disclosure with respect to Presidential income tax returns, to
amend the Ethics in Government Act of 1978 to require the disclosure of
certain tax returns by Presidents and certain candidates for the office
of the President, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Wyden (for himself, Mr. Sanders, Mr. Whitehouse, Ms. Cantwell, Ms.
Warren, Mr. Van Hollen, Mr. Kaine, Mr. Welch, Ms. Klobuchar, Mr.
Cardin, and Mr. Markey) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for examination
and disclosure with respect to Presidential income tax returns, to
amend the Ethics in Government Act of 1978 to require the disclosure of
certain tax returns by Presidents and certain candidates for the office
of the President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Audit and Tax
Transparency Act''.
SEC. 2. EXAMINATION AND DISCLOSURE WITH RESPECT TO PRESIDENTIAL INCOME
TAX RETURNS.
(a) Audit.--Subchapter A of chapter 78 of the Internal Revenue Code
of 1986 is amended by redesignating section 7613 as section 7614 and by
inserting after section 7612 the following new section:
``SEC. 7613. EXAMINATION WITH RESPECT TO PRESIDENTIAL INCOME TAX
RETURNS.
``(a) In General.--As rapidly as practicable after the filing of
any Presidential income tax return, the Secretary shall conduct an
examination to ascertain the correctness of such return and enforce the
requirements of this title with respect to the taxable year covered by
such return.
``(b) Reports.--
``(1) Initial report.--Not later than 90 days after the
filing of a Presidential income tax return, the Secretary shall
disclose and make publicly available an initial report
regarding the examination with respect to such return. Such
report shall include--
``(A) the name of the taxpayer,
``(B) an identification of the subparagraph of
subsection (c)(1) which describes such return,
``(C) the date that such return was filed, and
``(D) the date on which the examination with
respect to such return commenced (or, if such
examination has not commenced as of the date of such
report, a detailed description of the reasons that such
examination has not commenced).
``(2) Periodic reports.--Not later than 180 days after the
disclosure of the report described in paragraph (1) with
respect to any Presidential income tax return and not later
than 180 days after the most recent disclosure of a report
described in this paragraph with respect to such return, the
Secretary shall disclose and make publicly available a periodic
report regarding the examination with respect to such return.
Such report shall include--
``(A) the information described in subparagraphs
(A) through (D) of paragraph (1),
``(B) a description of the status of the
examination, including a description of the portions of
the examination which have been completed, which are in
process, and which are anticipated to take place, and
``(C) an estimate of the time frame for the
completion of the examination, including an
identification of factors which could alter such time
frame, reasonable estimates of the likelihood of such
factors (taking into account the specific facts and
circumstances of the examination), and the likely
specific effects of such factors on such time frame.
Notwithstanding the preceding sentence, a periodic report shall
not be required under this paragraph with respect to any return
after the date on which a final report is disclosed under
paragraph (3) with respect to such return.
``(3) Final report.--Not later than 90 days after the
completion of the examination described in subsection (a) with
respect to any Presidential income tax return, the Secretary
shall disclose and make publicly available a final report
regarding such examination. Such report shall include--
``(A) the information described in subparagraphs
(A) through (C) of paragraph (1),
``(B) the date on which the examination with
respect to such return was completed,
``(C) a list of the audit materials (as defined in
section 6103(q)(2)) with respect to such examination,
and
``(D) a description (including the amount) of each
proposed adjustment, adjustment, and controversy with
respect to such examination together with a description
of how such proposed adjustment or controversy was
resolved (or a statement that such proposed adjustment
or controversy was not resolved, as the case may be).
For purposes of this paragraph, an examination shall be treated
as complete on the date that the Secretary provides the
taxpayer with a notice of deficiency, or any closing document
referred to in section 6103(q)(2)(A)(v), with respect to such
examination.
``(4) Extension of due date report.--If a request is made
for an extension of the due date for filing any Presidential
income tax return, the Secretary shall, not later than 90 days
after such request is granted or denied, disclose and make
publicly available an extension of due date report with respect
to return. Such report shall include--
``(A) the information described in subparagraphs
(A) and (B) of paragraph (1),
``(B) a statement that an extension of the due date
for the filing of such return has been requested,
``(C) the date that such request was received,
``(D) a statement of whether such request has been
granted or denied, and
``(E) the due date of such return (including any
extensions).
``(5) Treatment of failure to file.--In the case of a
failure to file a Presidential income tax return before the
close of the 60-day period beginning with the date prescribed
for filing of such return--
``(A) the Secretary shall conduct the examination
described in subsection (a) with respect to the taxable
year covered by the return to which such failure
relates,
``(B) reports made pursuant to this paragraph shall
include a statement that such report is with respect to
a return which the taxpayer failed to file, and
``(C) this section and section 6103(q) shall
otherwise apply to such failure in the same manner as
if a return were filed at the close of such period.
The application of this paragraph with respect to any failure
to file a Presidential income tax return shall not prevent the
application of this section with respect to such return at such
time as such return may be filed.
``(6) Public availability.--For purposes of this
subsection, a document shall not be treated as having been made
publicly available unless made available on the Internet.
``(c) Presidential Income Tax Return.--For purposes of this
section--
``(1) In general.--The term `Presidential income tax
return' means any relevant income tax return of--
``(A) a President,
``(B) an individual who is married (within the
meaning of section 7703(a)) to a President for the
taxable year to which such return relates,
``(C) any corporation or partnership which is
controlled by any individual described in subparagraph
(A) or (B) at any time during the taxable year to which
such return relates,
``(D) the estate of any person described in (A) or
(B) or any estate with respect to which any person
described in subparagraph (A), (B), or (C) is an
executor or beneficiary at any time during the taxable
year to which such return relates, and
``(E) any trust with respect to which any person
described in subparagraph (A), (B), (C), or (D) is a
grantor, fiduciary, or beneficiary, or for which
another trust described in this subparagraph is a
grantor or beneficiary, at any time during the taxable
year to which such return relates.
Such term shall include any schedule, attachment, or other
document filed with such return.
``(2) Relevant income tax return.--The term `relevant
income tax return' means, with respect to a President, any
income tax return if--
``(A) any portion of the taxable year to which such
return relates is during the period that such President
is the President,
``(B) the due date for such return (including any
extensions) is during such period, or
``(C) such return is filed during such period.
``(3) Control.--For purposes of paragraph (1)(C)--
``(A) In general.--Except as otherwise provided in
this paragraph, control shall be determined under the
rules of paragraphs (2) and (3) of section 6038(e)
(determined without regard to subparagraphs (A) and (B)
of such paragraph (2) and without regard to
subparagraph (C) of paragraph (3) thereof).
``(B) Restriction on family attribution.--
``(i) In general.--Except as provided in
clause (ii), for purposes of applying
subparagraph (A)--
``(I) section 318 shall be applied
without regard to subsection
(a)(1)(A)(ii) thereof, and
``(II) section 267(c) shall be
applied by treating the family of an
individual as including only such
individual's spouse (in lieu of the
application of paragraph (4) thereof).
``(ii) Exception for recent transfer to
family members.--For purposes of determining
whether any corporation or partnership is
controlled by a President under paragraph
(1)(C) for any taxable year, clause (i) shall
not apply if such corporation or partnership
was controlled by such President (after
application of clause (i)) at any time during
the 4 immediately preceding taxable years.
``(d) Application to Amended Returns.--For purposes of this section
and section 6103(q), any amendment or supplement to a return of tax
shall be treated as a separate return of tax and the determination of
when such amendment or supplement is filed, and whether such amendment
or supplement is a relevant income tax return, shall be made without
regard to the underlying return.''.
(b) Disclosure.--Section 6103 of such Code is amended by
redesignating subsection (q) as subsection (r) and by inserting after
subsection (p) the following new subsection:
``(q) Disclosure With Respect to Presidential Income Tax Returns.--
``(1) In general.--The Secretary shall disclose and make
publicly available (within the meaning of section 7613(b))--
``(A) each Presidential income tax return (as
defined in section 7613(c)),
``(B) each report described in section 7613(b), and
``(C) any audit materials with respect a return
described in subparagraph (A).
``(2) Audit materials.--The term `audit materials' means,
with respect to any return:
``(A) Any of the following which are provided by
the Secretary to the taxpayer (or any designee of the
taxpayer):
``(i) Any written communication which
identifies such return as being subject to
examination.
``(ii) Any written communication which
proposes the adjustment of any item on such
return, any report by an examiner related to
such proposed adjustment, and any supervisory
approval of any penalty proposed as part of
such adjustment.
``(iii) Any memorandum or report of the
Internal Revenue Service Independent Office of
Appeals with respect to such return, and any
denial of any request described in subparagraph
(B).
``(iv) Any notice of deficiency with
respect to such return.
``(v) Any closing documents with respect to
the examination of such return, including any
closing agreement or no change letter.
``(B) Any request for referral to the Internal
Revenue Service Independent Office of Appeals of any
controversy with respect to such return.
``(C) Any petition filed with the Tax Court for a
redetermination of any deficiency referred to in
subparagraph (A)(iv).
``(3) Exception for certain identity information.--The
information disclosed and made publicly available under
paragraph (1) shall not include any identification number of
any person (including any social security number), any
financial account number, the name of any individual who has
not attained age 18 (as of the close of the taxable year to
which the return relates), the name of any employee of the
Department of the Treasury, or any address (other than the city
and State in which such address is located).
``(4) Timing of disclosures.--Any information required to
be disclosed under paragraph (1) shall be disclosed and made
publicly available not later than--
``(A) in the case of any income tax return referred
to in paragraph (1)(A), 90 days after the date that
such return is filed,
``(B) in the case of any report referred to in
paragraph (1)(B), the deadline specified in section
7613(b) for disclosing such report, and
``(C) in the case of the audit materials referred
to in paragraph (1)(C), 90 days after the completion of
the examination (within the meaning of section
7613(b)(3)) with respect to the return to which such
audit materials relate.''.
(c) Clerical Amendment.--Subchapter A of chapter 78 of such Code is
amended by redesignating the item relating to section 7613 as an item
relating to section 7614 and by inserting after the item relating to
section 7612 the following new item:
``Sec. 7613. Examination with respect to Presidential income tax
returns.''.
(d) Effective Date.--The amendments made by this subsection shall
apply to returns, amendments, and supplements filed (and failures to
file returns which occur) after the date of the enactment of this Act
(and to reports and audit materials with respect to such returns,
amendments, supplements, and failures).
SEC. 3. ADDITIONAL DISCLOSURE OF TAX RETURNS BY PRESIDENTS AND CERTAIN
PRESIDENTIAL CANDIDATES.
(a) In General.--
(1) Disclosure requirement.--Title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended--
(A) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF TAX RETURNS.
``(a) Definitions.--In this section:
``(1) Applicable income tax return.--
``(A) In general.--The term `applicable income tax
return' means, with respect to any taxable year, any
return (within the meaning of section 6103(b) of the
Internal Revenue Code of 1986) relating to Federal
income taxes of--
``(i) a covered candidate or covered
individual;
``(ii) an individual who is married (within
the meaning of section 7703(a) of the Internal
Revenue Code of 1986) to a covered candidate or
covered individual for the taxable year;
``(iii) any corporation or partnership that
was controlled (as determined under section
7613(c)(3) of the Internal Revenue Code of
1986) by an individual described in clause (i)
or (ii) at any time during the taxable year;
``(iv) the estate of any person described
in clause (i) or (ii) or any estate with
respect to which any person described in clause
(i), (ii), or (iii) is an executor or
beneficiary at any time during the taxable
year; and
``(v) any trust with respect to which any
person described in clause (i), (ii), (iii), or
(iv) is a grantor, fiduciary, or beneficiary,
or for which another trust described in this
clause is a grantor or beneficiary, at any time
during the taxable year.
``(B) Inclusion of certain documents.--Such term
shall include any schedule, attachment, or other
document filed with such return.
``(2) Covered candidate.--The term `covered candidate'
means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President, regardless of
whether the individual is nominated after May 15 of an
applicable year.
``(3) Covered individual.--The term `covered individual'
means--
``(A) a President required to file a report under
subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of the
President required to file a report under section
101(e).
``(4) Major party.--The term `major party' has the meaning
given the term in section 9002 of the Internal Revenue Code of
1986.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, a
covered individual shall include in each report
required to be filed under this title a copy of all
applicable income tax returns for the 3 most recent
taxable years for which a return has been filed with
the Internal Revenue Service as of the date on which
the report is filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), the Director
of the Office of Government Ethics shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Director of the Office of
Government Ethics with a copy of the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Director of the Office of Government Ethics and made
publicly available in the same manner as the
information described in subsections (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Government Ethics shall redact such
information as the Director of the Office of Government
Ethics, in consultation with the Secretary of the
Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Covered candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the applicable
income tax returns for the 3 most recent taxable years
for which a return has been filed with the Internal
Revenue Service.
``(B) Failure to disclose.--If an applicable income
tax return is not disclosed under subparagraph (A), the
Federal Election Commission shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Federal Election Commission
with the applicable income tax return.
``(C) Publicly available.--Each applicable income
tax return submitted under this paragraph shall be
filed with the Federal Election Commission and made
publicly available in the same manner as the
information described in section 102(b).
``(D) Redaction of certain information.--Before
making any applicable income tax return submitted under
this paragraph available to the public, the Federal
Election Commission shall redact such information as
the Federal Election Commission, in consultation with
the Secretary of the Treasury (or a delegate of the
Secretary) and the Director of the Office of Government
Ethics, determines appropriate.
``(3) Special rule with respect to returns disclosed under
other authority.--For purposes of this subsection, in the case
of any applicable income tax return which has been made
publicly available pursuant to section 6103(q) of the Internal
Revenue Code of 1986, the requirements of paragraphs (1)(A) and
(2)(A) shall be satisfied with respect to such return if the
covered individual or covered candidate (as the case may be)
provides the location on the Internet where such disclosure has
been made publicly available.''; and
(B) in section 104--
(i) in subsection (a)--
(I) in paragraph (1), in the first
sentence, by inserting ``or any
individual who knowingly and willfully
falsifies or who knowingly and
willfully fails to file an applicable
income tax return that such individual
is required to disclose pursuant to
section 102A'' before the period; and
(II) in paragraph (2)(A)--
(aa) in clause (i), by
inserting ``or falsify any
applicable income tax return
that such person is required to
disclose under section 102A''
before the semicolon; and
(bb) in clause (ii), by
inserting ``or fail to file any
applicable income tax return
that such person is required to
disclose under section 102A''
before the period;
(ii) in subsection (b), in the first
sentence by inserting ``or willfully failed to
file or has willfully falsified an applicable
income tax return required to be disclosed
under section 102A'' before the period;
(iii) in subsection (c), by inserting ``or
failing to file or falsifying an applicable
income tax return required to be disclosed
under section 102A'' before the period; and
(iv) in subsection (d)(1)--
(I) in the matter preceding
subparagraph (A), by inserting ``or
files an applicable income tax return
required to be disclosed under section
102A'' after ``title''; and
(II) in subparagraph (A), by
inserting ``or such applicable income
tax return, as applicable,'' after
``report''.
(2) Special rule for individuals who are covered candidates
on date of enactment.--In the case of any individual who is a
covered candidate (as defined in section 102A of the Ethics in
Government Act of 1978, as added by paragraph (1)) on the date
of the enactment of this Act, section 102A(b)(2)(A) shall be
applied by substituting ``30 days after the date of the
enactment of the Presidential Audit and Tax Transparency Act''
for ``15 days after the date on which a covered candidate is
nominated''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(23) Disclosure of return information of presidents and
certain presidential candidates under ethics in government act
of 1978.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Government Ethics pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978 provide to officers and employees of
the Office of Government Ethics a copy of each
applicable income tax return with respect to
any covered individual who has been identified
in such request.
``(ii) Disclosure to public.--The Director
of the Office of Government Ethics may disclose
to the public any applicable income tax return
required to be submitted to the Director
pursuant to section 102A(b)(1) of the Ethics in
Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission a copy of each
applicable income tax return with respect to
any covered candidate who has been identified
in such request.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
any applicable income tax return required to be
filed with the Commission pursuant to section
102A(b)(2) of the Ethics in Government Act.
``(C) Definitions.--For purposes of this paragraph,
the terms `applicable income tax return', `covered
individual', and `covered candidate' have the meanings
given those terms in section 102A of the Ethics in
government Act of 1978.''.
(2) Conforming amendments.--Section 6103(p)(4) of the
Internal Revenue Code of 1986, in the matter preceding
subparagraph (A) and in subparagraph (F)(ii), is amended by
striking ``or (22)'' and inserting ``(22), or (23)'' each place
it appears.
<all>
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118S1273 | Holocaust Education and Antisemitism Lessons Act | [
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"F00006... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1273 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1273
To require a study on Holocaust education efforts of States, local
educational agencies, and public elementary and secondary schools, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Rosen (for herself and Mr. Lankford) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require a study on Holocaust education efforts of States, local
educational agencies, and public elementary and secondary schools, and
for other purposes.
Be it enacted by the Senate 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 Education and Antisemitism
Lessons Act''.
SEC. 2. STUDY AND REPORT ON HOLOCAUST EDUCATION.
(a) Study.--Beginning not later than 180 days after the date of
enactment of this Act, the Director of the United States Holocaust
Memorial Museum (referred to in this Act as the ``Director'') shall
conduct a study on Holocaust education efforts in States, local
educational agencies, and public elementary schools and secondary
schools. Such study shall include an examination of--
(1) all States;
(2) a nationally representative sample of local educational
agencies; and
(3) a representative sample of public elementary and
secondary schools served by the local educational agencies
being studied.
(b) Elements.--In conducting the study under subsection (a), the
Director shall--
(1) determine whether States and local educational agencies
being studied require Holocaust education as part of the
curriculum taught in public elementary schools and secondary
schools;
(2) identify States and local educational agencies being
studied that have optional Holocaust education as part of the
curriculum taught in public elementary schools and secondary
schools;
(3) identify each State's standards and the requirements of
the local educational agencies being studied relating to
Holocaust education and summarize the status of the
implementation of such standards and requirements, including--
(A) the existence of a centralized apparatus at the
State or local level that collects and disseminates
Holocaust education curricula and materials;
(B) the existence of Holocaust education
professional development opportunities for pre-service
and in-service teachers;
(C) the involvement of informal educational
organizations in implementing Holocaust education,
including museums and cultural centers;
(D) an assessment of the challenges or gaps that
may prevent educators from fulfilling Holocaust
education requirements;
(E) the identification of training and resources
needed to support educators teaching about the
Holocaust; and
(F) the adoption of United States Holocaust
Memorial Museum resources by--
(i) entities at the State or local level
that disseminate Holocaust education curricula;
or
(ii) local Holocaust museums and centers;
(4) determine--
(A) the range of intended outcomes from a Holocaust
education unit at the State and local educational
agency level; and
(B) the methods teachers are using that result in
successfully achieving intended learning outcomes,
which may include--
(i) in-class discussion;
(ii) educational activities conducted
outside the classroom, including homework
assignments and experiential learning involving
State and local organizations, such as museums
and cultural centers;
(iii) project based learning;
(iv) educational materials and activities
that are developmentally appropriate and taught
through a trauma-informed lens; and
(v) integration of lessons from the
Holocaust across the curriculum and throughout
the school year;
(5) identify the types of instructional materials used to
teach students about the Holocaust, including the use of
primary source material;
(6) identify--
(A) in what disciplines the Holocaust is being
taught;
(B) the amount of time allotted in the required
curriculum to teach about the Holocaust; and
(C) the comprehensiveness of the Holocaust
education curriculum taught in public elementary
schools and secondary schools, as indicated by the
extent to which the curriculum addresses all elements
and aspects of the Holocaust and is based on reliable
educational resources, such as resources provided by
the United States Holocaust Memorial Museum; and
(7) identify the approaches used by public elementary
schools and secondary schools to assess outcomes using
traditional and nontraditional assessments, including
assessments of--
(A) students' knowledge of the Holocaust; and
(B) students' ability to identify and analyze
antisemitism, bigotry, hate, and genocide in historical
and contemporary contexts.
(c) Report.--
(1) In general.--Following the completion of the study
under subsection (a), the Director shall prepare and submit to
Congress a report on the results of the study.
(2) Deadline for submittal.--The report under paragraph (1)
shall be submitted not later than the earlier of--
(A) 180 days after the completion of the study
under subsection (a); or
(B) 3 years after the date of enactment of this
Act.
(d) Definitions.--In this Act:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``secondary school'', and ``State'' have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Holocaust.--The term ``Holocaust'' has the meaning
given that term in section 3 of the Never Again Education Act
(Public Law 116-141; 36 U.S.C. 2301 note).
(3) Holocaust education.--The term ``Holocaust education''
means educational activities that are specifically intended--
(A) to improve students' awareness and
understanding of the Holocaust;
(B) to educate students on the lessons of the
Holocaust as a means to raise awareness about the
importance of preventing genocide, hate, and bigotry
against any group of people; and
(C) to study the history of antisemitism, its deep
historical roots, the use of conspiracy theories and
propaganda that target the Jewish people, and the
shape-shifting nature of antisemitism over time.
(4) Project based learning.--The term ``project based
learning'' means a teaching method through which students learn
by actively engaging in real-world and personally meaningful
projects.
<all>
</pre></body></html>
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