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118S1274 | REEF Act | [
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[
"S000033",
"Se... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1274 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1274
To permanently exempt payments made from the Railroad Unemployment
Insurance Account from sequestration under the Balanced Budget and
Emergency Deficit Control Act of 1985.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mrs. Fischer (for herself, Ms. Klobuchar, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
the Budget
_______________________________________________________________________
A BILL
To permanently exempt payments made from the Railroad Unemployment
Insurance Account from sequestration under the Balanced Budget and
Emergency Deficit Control Act of 1985.
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 ``Railroad Employee Equity and
Fairness Act'' or the ``REEF Act''.
SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE
ACCOUNT.
(a) Amendments.--Section 235 of the Continued Assistance to Rail
Workers Act of 2020 (subchapter III of title II of division N of Public
Law 116-260; 2 U.S.C. 906 note) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (2); and
(B) by striking ``subsection (a)--'' and inserting
``subsection (a) shall take effect 7 days after the
date of enactment of the Continued Assistance to Rail
Workers Act of 2020.''; and
(2) by striking subsection (c).
(b) Applicability.--The amendments made by subsection (a) shall
apply as if enacted on the day before the date on which the national
emergency concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020, under the National
Emergencies Act (50 U.S.C. 1601 et seq.) terminates.
<all>
</pre></body></html>
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118S1275 | Protect Access to Justice for Veterans Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1275
To impose limitations on attorney fees for Federal causes of action
relating to water at Camp Lejeune, North Carolina, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Durbin (for himself, Mr. Blumenthal, Mr. Merkley, and Mr. Welch)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To impose limitations on attorney fees for Federal causes of action
relating to water at Camp Lejeune, North Carolina, and for other
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 Access to Justice for
Veterans Act of 2023''.
SEC. 2. LIMITATION ON ATTORNEY FEES FOR FEDERAL CAUSE OF ACTION
RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA.
Section 804 of the Sergeant First Class Heath Robinson Honoring our
Promise to Address Comprehensive Toxics Act of 2022 (Public Law 117-
168; 28 U.S.C. 2671 note prec.) is amended by adding at the end the
following new subsection:
``(k) Attorney Fees.--
``(1) Limitations.--No legal representative of an
individual who brings an action under subsection (b) or who
presents a claim under section 2675 of title 28, United States
Code, pursuant to subsection (h) shall charge, demand, receive,
or collect for services rendered in bringing such action or
presenting such claim, fees in excess of--
``(A) 20 percent of an award, compromise, or
settlement made or reached within 180 days after
presenting a claim under section 2675 of title 28,
United States Code, pursuant to subsection (h); and
``(B) 33.3 percent on a claim that is resolved by
settlement, compromise, or judgement after the
initiation of an action.
``(2) Terms for payment of fees.--Any judgment rendered,
settlement entered, compromise made, or other award made with
respect to an action brought under subsection (b) or a claim
presented under section 2675 of title 28, United States Code,
pursuant to subsection (h) by a legal representative of an
individual shall require the following:
``(A) All funds from the judgment, settlement,
compromise, or other award shall be deposited into an
account held in trust for the individual in accordance
with all applicable provisions of State law.
``(B) The legal representative shall--
``(i) once any funds described in
subparagraph (A) have been deposited into an
account pursuant to such subparagraph, notify
the individual of such deposit; and
``(ii) promptly deliver to such individual
such amount of such funds as the individual is
entitled to receive.
``(C) That no funds shall be paid from the account
described in subparagraph (A) to a legal representative
of the individual as compensation for services rendered
to such individual until the relevant funds from such
account have been disbursed to the individual in
accordance with subparagraph (B).
``(3) Penalties.--
``(A) Fee limitations.--Any legal representative
who charges, demands, receives, or collects for
services rendered in connection with an action under
subsection (b) or a claim under section 2675 of title
28, United States Code, pursuant to subsection (h), any
amount in excess of that allowed under paragraph (1) of
this subsection, if recovery be had, shall be fined not
more than $5,000.
``(B) Terms for payment.--Failure of a legal
representative subject to paragraph (2) to comply with
a requirement of such paragraph shall be punishable
consistent with the penalties provided in section 2678
of title 28, United States Code.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to annul, alter, affect, or exempt any
person from complying with the laws of any State or locality
with respect to the practice of law, except to the extent that
those laws are inconsistent with any provision of this
subsection, and then only to the extent of the
inconsistency.''.
<all>
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118S1276 | Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023 | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
]
] | <p><strong>Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023</strong></p> <p>This bill modifies the work opportunity tax credit to (1) change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the youth employee is attending any secondary school, (2) increase the amount of the credit for youth employees, and (3) expand the credit to include disconnected youth. </p> <p>The bill defines<em> disconnected youth</em> to include any individual who (1) is certified as having attained age 16 but not age 25 on the hiring date; and (2) has self-certified as not having regularly attended any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, has not been regularly employed during such period, and is not readily employable due to a lack of basic skills. The term also includes individuals who have been certified (1) as having attained age 16 but not age 21 on the hiring date, and (2) as eligible foster children in foster care during the 12-month period ending on the hiring date.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1276
To amend the Internal Revenue Code of 1986 to modify the work
opportunity credit for certain youth employees.
_______________________________________________________________________
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 Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to modify the work
opportunity credit for certain youth employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping to Encourage Real
Opportunities (HERO) for Youth Act of 2023''.
SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR
CERTAIN YOUTH EMPLOYEES.
(a) Expansion of Credit for Summer Youth.--
(1) Credit allowed for year-round employment.--Section
51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
(A) by striking clauses (i) and (iii) and
redesignating clauses (ii) and (iv) as clauses (i) and
(ii), respectively;
(B) in clause (i) (as so redesignated), by striking
``(or if later, on May 1 of the calendar year
involved),'';
(C) by striking the period at the end of clause
(ii) (as so redesignated) and inserting ``, and''; and
(D) adding at the end the following new clause:
``(iii) who will be employed for not more
than 20 hours per week during any period
between September 16 and April 30 in which such
individual is regularly attending any secondary
school.''.
(2) Increase in credit amount.--Section 51(d)(7) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (B) and by redesignating subparagraph (C) as
subparagraph (B).
(3) Conforming amendments.--
(A) Subparagraph (F) of section 51(d)(1) of the
Internal Revenue Code of 1986 is amended by striking
``summer''.
(B) Paragraph (7) of section 51(d) of such Code is
amended--
(i) by striking ``summer'' each place it
appears in subparagraphs (A);
(ii) in subparagraph (B), as redesignated
by paragraph (2), by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph
(A)(ii)''; and
(iii) by striking ``summer'' in the heading
thereof.
(b) Credit for Disconnected Youth.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of subparagraph (I), by striking the period at the end
of subparagraph (J) and inserting ``, or'', and by adding at
the end the following new subparagraph:
``(K) an disconnected youth.''.
(2) Disconnected youth.--Paragraph (14) of section 51(d) of
such Code is amended to read as follows:
``(14) Disconnected youth.--The term `disconnected youth'
means any individual who--
``(A)(i) is certified by the designated local
agency as having attained age 16 but not age 25 on the
hiring date, and
``(ii) has self-certified (on a form prescribed by
the Secretary) that such individual--
``(I) has not regularly attended any
secondary, technical, or post-secondary school
during the 6-month period preceding the hiring
date,
``(II) has not been regularly employed
during such 6-month period, and
``(III) is not readily employable by reason
of lacking a sufficient number of basic skills,
or
``(B) is certified by the designated local agency
as--
``(i) having attained age 16 but not age 21
on the hiring date, and
``(ii) an eligible foster child (as defined
in section 152(f)(1)(C)) who was in foster care
during the 12-month period ending on the hiring
date.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.
<all>
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118S1277 | Mammoth Cave National Park Boundary Adjustment Act of 2023 | [
[
"M000355",
"Sen. McConnell, Mitch [R-KY]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1277 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1277
To modify the boundary of the Mammoth Cave National Park in the State
of Kentucky, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. McConnell introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To modify the boundary of the Mammoth Cave National Park in the State
of Kentucky, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mammoth Cave National Park Boundary
Adjustment Act of 2023''.
SEC. 2. MAMMOTH CAVE NATIONAL PARK BOUNDARY MODIFICATION.
Section 11 of the Act of June 5, 1942 (56 Stat. 319, chapter 341;
16 U.S.C. 404c-11), is amended--
(1) in the second paragraph, by striking ``the sum of not
to exceed'' in the first sentence and all that follows through
the period at the end of the paragraph and inserting ``such
sums as are necessary.''; and
(2) by inserting after the second paragraph the following:
``The Secretary of the Interior may acquire approximately 980 acres
of the land and any interests in the land generally depicted on the map
entitled `Mammoth Cave National Park Proposed Southern Boundary
Expansion Edmonson and Barren Counties, Kentucky', numbered 135/177,
967, and dated April 28, 2022, for inclusion in the Mammoth Cave
National Park.''.
<all>
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118S1278 | A bill to designate the Federal building located at 985 Michigan Avenue in Detroit, Michigan, as the "Rosa Parks Federal Building", and for other purposes. | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1278 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1278
To designate the Federal building located at 985 Michigan Avenue in
Detroit, Michigan, as the ``Rosa Parks Federal Building'', and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Stabenow introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To designate the Federal building located at 985 Michigan Avenue in
Detroit, Michigan, as the ``Rosa Parks Federal Building'', and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ROSA PARKS FEDERAL BUILDING.
(a) Designation.--The Federal building located at 985 Michigan
Avenue in Detroit, Michigan, shall be known and designated as the
``Rosa Parks Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Rosa Parks Federal Building''.
(c) Repeals.--
(1) Public Law 109-98 (119 Stat. 2168) is repealed.
(2) Sections 1 and 2 of Public Law 109-101 (119 Stat. 2171)
are repealed.
<all>
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118S1279 | Pretrial Release Reporting Act | [
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[
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"Sen. Hawley, ... | <p><strong>Pretrial Release Reporting Act</strong></p> <p>This bill requires the Bureau of Justice Statistics to submit a report to Congress on individuals who are granted bail or pretrial release from state courts and are charged with violent felony offenses (e.g., murder or rape). </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1279 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1279
To require the Director of the Bureau of Justice Statistics to submit
to Congress a report relating to individuals granted bail and pretrial
release in State courts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Johnson (for himself, Mr. Cruz, Mr. Braun, Mr. Scott of Florida,
and Mr. Hawley) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Director of the Bureau of Justice Statistics to submit
to Congress a report relating to individuals granted bail and pretrial
release in State courts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pretrial Release Reporting Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Multiple jurisdictions across the United States--
(A) broke annual homicide records in 2022; and
(B) have reported individuals committing violent
felony offenses after being granted bail or pretrial
release.
(2) The failure of felony defendants to appear for
mandatory court appearances and felony bail jumping has
increased in multiple jurisdictions across the United States.
(3) The most recent report issued by the Bureau of Justice
Statistics relating to the pretrial release of felony
defendants in State courts is from 2007.
(4) The National Pretrial Reporting Program of the Bureau
of Justice Statistics was created to collect information on
criminal justice processing of individuals charged with felony
offenses in State courts, with particular attention given to
pretrial release and detention.
SEC. 3. REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of Bureau of Justice Statistics
shall submit to Congress a report on information relating to
individuals granted bail and pretrial release from State courts that
are charged with 1 or more of the following violent felony offenses:
(1) Murder or attempted murder.
(2) Manslaughter, other than involuntary manslaughter.
(3) Rape or attempted rape.
(4) Assault with the intent to commit murder.
(5) Assault with the intent to commit rape.
(6) Aggravated sexual abuse, sexual abuse, attempted sexual
abuse, or abusive sexual conduct.
(7) Battery or aggravated battery.
(8) Kidnapping.
(9) Robbery.
(10) Resisting or obstructing an officer.
(11) Carjacking.
(12) Recklessly endangering safety.
(13) Illegal possession of a firearm in the commission of a
felony.
(14) Any other violent felony offense tracked by the
jurisdiction in which the offense is committed.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) the number of individuals granted bail or pretrial
release from State courts that are charged with an offense
described in subsection (a);
(2) the number of individuals who, after being granted bail
or pretrial release, are rearrested or charged with an
additional violent felony offense;
(3) the percentage of individuals granted bail or pretrial
release from State courts who--
(A) are charged with a violent felony offense; and
(B) have a prior arrest or conviction for a violent
felony offense;
(4) with respect to the pretrial releases described in
paragraph (2) for which the pretrial release condition was
bail, the amount of bail granted for each individual;
(5) the number of missed mandatory court appearances by
individuals charged with a violent felony offense;
(6) the factors used by State courts for assessing whether
to grant bail or pretrial release to individuals who have prior
arrests or prior felony convictions for a violent felony
offense;
(7) with respect to individuals who have committed a
violent felony offense after being granted bail or pretrial
release, the classification of the violent felony offenses;
(8) the status, as of the date of enactment of this Act, of
the National Pretrial Reporting Program of the Bureau of
Justice Statistics and the activities of that Program; and
(9) an accounting for each fiscal year of the amounts that
the Department of Justice has spent, or transferred to
components of the Department of Justice, in order to collect
information on bail and pretrial release in State courts
including, with respect to any grants or contracts awarded for
that purpose, the amount and the purpose of the grant or
contract.
<all>
</pre></body></html>
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118S128 | Nogales Wastewater Improvement Act of 2023 | [
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"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
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] | <p><b>Nogales Wastewater Improvement Act of 2023</b></p> <p>This bill establishes requirements to address wastewater from the International Outfall Interceptor, which is a pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The plant, which is located in Rio Rico, Arizona, treats sewage and wastewater originating from Nogales, Mexico, and Nogales, Arizona.</p> <p>The bill transfers the ownership, operations, and maintenance of the pipeline from the city of Nogales, Arizona, to the U.S. Section of the International Boundary and Water Commission. The commission must construct, operate, and maintain a debris screen at the pipeline's Manhole One for intercepting debris and drugs coming into the United States from Nogales, Mexico.</p> <p>The bill also limits the portion of the costs that the city of Nogales, Arizona, must pay for the Nogales sanitation project.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 128
To provide for the assumption of full ownership and control of the
International Outfall Interceptor in Nogales, Arizona, by the
International Boundary and Water Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Ms. Sinema (for herself and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide for the assumption of full ownership and control of the
International Outfall Interceptor in Nogales, Arizona, by the
International Boundary and Water Commission, and for other 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 ``Nogales Wastewater Improvement Act
of 2023''.
SEC. 2. NOGALES WASTEWATER IMPROVEMENT.
(a) Amendment to the Act of July 27, 1953.--The first section of
the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-
10), is amended by striking the period at the end and inserting ``:
Provided further, That the equitable portion of the Nogales sanitation
project for the city of Nogales, Arizona, shall be limited to the costs
directly associated with the treatment and conveyance of the wastewater
of the city and, to the extent practicable, shall not include any costs
directly associated with the quality or quantity of wastewater
originating in Mexico.''.
(b) Nogales Sanitation Project.--
(1) Definitions.--In this subsection:
(A) City.--The term ``City'' means the City of
Nogales, Arizona.
(B) Commission.--The term ``Commission'' means the
United States Section of the International Boundary and
Water Commission.
(C) International outfall interceptor.--The term
``International Outfall Interceptor'' means the
pipeline that conveys wastewater from the United
States-Mexico border to the Nogales International
Wastewater Treatment Plant.
(D) Nogales international wastewater treatment
plant.--The term ``Nogales International Wastewater
Treatment Plant'' means the wastewater treatment plant
that--
(i) is operated by the Commission;
(ii) is located in Rio Rico, Santa Cruz
County, Arizona, after manhole 99; and
(iii) treats sewage and wastewater
originating from--
(I) Nogales, Sonora, Mexico; and
(II) Nogales, Arizona.
(2) Ownership and control.--
(A) In general.--Subject to subparagraph (B) and in
accordance with authority under the Act of July 27,
1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10 et
seq.), on transfer by donation from the City of the
current stake of the City in the International Outfall
Interceptor to the Commission, the Commission shall
enter into such agreements as are necessary to assume
full ownership and control over the International
Outfall Interceptor.
(B) Agreements required.--The Commission shall
assume full ownership and control over the
International Outfall Interceptor under subparagraph
(A) after all applicable governing bodies in the State
of Arizona, including the City, have--
(i) signed memoranda of understanding
granting to the Commission access to existing
easements for a right of entry to the
International Outfall Interceptor for the life
of the International Outfall Interceptor;
(ii) entered into an agreement with respect
to the flows entering the International Outfall
Interceptor that are controlled by the City;
and
(iii) agreed to work in good faith to
expeditiously enter into such other agreements
as are necessary for the Commission to operate
and maintain the International Outfall
Interceptor.
(3) Operations and maintenance.--
(A) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under paragraph
(2)(A), but subject to paragraph (5), the Commission
shall be responsible for the operations and maintenance
of the International Outfall Interceptor.
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Commission to
carry out this paragraph, to remain available until
expended--
(i) $6,500,000 for fiscal year 2025; and
(ii) not less than $2,500,000 for fiscal
year 2026 and each fiscal year thereafter.
(4) Debris screen.--
(A) Debris screen required.--
(i) In general.--The Commission shall
construct, operate, and maintain a debris
screen at Manhole One of the International
Outfall Interceptor for intercepting debris and
drug bundles coming to the United States from
Nogales, Sonora, Mexico.
(ii) Requirement.--In constructing and
operating the debris screen under clause (i),
the Commission and the Commissioner of U.S.
Customs and Border Protection shall
coordinate--
(I) the removal of drug bundles and
other illicit goods caught in the
debris screen; and
(II) other operations at the
International Outfall Interceptor that
require coordination.
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Commission, to
remain available until expended--
(i) for fiscal year 2025--
(I) $8,000,000 for construction of
the debris screen described in
subparagraph (A)(i); and
(II) not less than $1,000,000 for
the operations and maintenance of the
debris screen described in subparagraph
(A)(i); and
(ii) not less than $1,000,000 for fiscal
year 2026 and each fiscal year thereafter for
the operations and maintenance of the debris
screen described in subparagraph (A)(i).
(5) Limitation of claims.--Chapter 171 and section 1346(b)
of title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), shall not apply to any claim
arising from the activities of the Commission in carrying out
this subsection, including any claim arising from damages that
result from overflow of the International Outfall Interceptor
due to excess inflow to the International Outfall Interceptor
originating from Nogales, Sonora, Mexico.
(c) Effective Date.--This section (including the amendments made by
this section) takes effect on October 1, 2024.
<all>
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118S1280 | TRANQ Research Act of 2023 | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
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"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
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"cosponsor"
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[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
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]
] | <p><b>Testing, Rapid Analysis, and Narcotic Quality Research Act of 2023 or the TRANQ Research Act</b> <b>of 2023</b></p> <p>This bill requires the National Institute of Standards and Technology (NIST) to support research and other activities related to identifying xylazine (a compound used in veterinary medicine as a nonopioid tranquilizer), novel synthetic opioids, and other emerging substances of concern.</p> <p>In particular, NIST must support</p> <ul> <li>basic measurement science and research, including graduate and postgraduate research;</li> <li>near-real time spectrometry capabilities (i.e., a technique for rapidly identifying the chemical composition of a substance);</li> <li>strategies and voluntary best practices for handling, transporting, and analyzing such substances; and</li> <li>collaboration with other government agencies, institutions of higher education, and the private sector to enhance relevant narcotic and opioid detection and analysis capabilities.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1280
To require coordinated National Institute of Standards and Technology
science and research activities regarding illicit drugs containing
xylazine, novel synthetic opioids, and other substances of concern, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Cruz (for himself and Mr. Welch) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require coordinated National Institute of Standards and Technology
science and research activities regarding illicit drugs containing
xylazine, novel synthetic opioids, and other substances of concern, and
for other 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 ``Testing, Rapid Analysis, and
Narcotic Quality Research Act of 2023'' or the ``TRANQ Research Act of
2023''.
SEC. 2. XYLAZINE DETECTION AND ANALYSIS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Federal laboratory.--The term ``Federal laboratory''
has the meaning given such term in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (19
U.S.C. 1001).
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such code.
(6) Xylazine.--The term ``xylazine'' means the nonopioid
tranquilizer methyl benzene compound frequently used in
veterinary medicine as an emetic and sedative with analgesic
and muscle relaxant properties.
(b) In General.--The Director shall--
(1) support intramural basic measurement science and
research of the Institute to advance--
(A) analytical methods to identify, understand,
differentiate, and categorize illicit drugs containing
xylazine, novel synthetic opioids, or other emerging
substances of concern;
(B) measurement technologies to shorten analysis
timelines and enhance narcotic and opioid detection and
analysis capabilities in illicit drugs;
(C) new data tools, techniques, and processes to
identify and publicly disclose relevant information
concerning illicit drugs containing xylazine, novel
synthetic opioids, or other emerging substances of
concern; and
(D) all other areas determined by the Director to
be critical to the development and deployment of
technologies to measure and analyze the presence of
xylazine, novel synthetic opioids, and other emerging
substances of concern in illicit drugs;
(2) support activities to inform and expand the development
of near-real time spectrometry capabilities regarding xylazine,
novel synthetic opioids, and other emerging compounds in
illicit drugs;
(3) convene the private sector, institutions of higher
education, nonprofit organizations, Federal laboratories, and
other Federal agencies engaged in the analysis of illicit drugs
to develop coordinated strategies and voluntary best practices
for the safe handling, transport, and analysis of illicit drugs
containing xylazine, novel synthetic opioids, or other emerging
substances of concern;
(4) establish or expand collaborative partnerships or
consortia with other government agencies engaged in
counternarcotic research and development, institutions of
higher education, Federal laboratories, and the private sector
to enhance narcotic and opioid detection and analysis
capabilities regarding xylazine, novel synthetic opioids, and
other emerging substances of concern in illicit drugs; and
(5) provide opportunities for graduate and postgraduate
research on the detection and identification of xylazine, novel
synthetic opioids, and other emerging substances of concern in
illicit drugs.
(c) Controls.--In carrying out activities under this section, the
Director shall ensure proper security controls are implemented to
protect sensitive information, as appropriate.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report on the
implementation of this section. Such report may include recommendations
for legislative action to improve the ability of the Director to carry
out this section.
<all>
</pre></body></html>
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118S1281 | Mining Regulatory Clarity Act of 2023 | [
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"R000608... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1281
To amend the Omnibus Budget Reconciliation Act of 1993 to provide for
security of tenure for use of mining claims for ancillary activities,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Ms. Cortez Masto (for herself, Mr. Risch, Mr. Crapo, Ms. Sinema, and
Ms. Rosen) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Omnibus Budget Reconciliation Act of 1993 to provide for
security of tenure for use of mining claims for ancillary activities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mining Regulatory Clarity Act of
2023''.
SEC. 2. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) Claimant rights.--
``(A) Definition of operations.--In this paragraph,
the term `operations' means--
``(i) with respect to a locatable mineral,
any activity or work carried out in connection
with--
``(I) prospecting;
``(II) exploration;
``(III) discovery and assessment;
``(IV) development;
``(V) extraction; or
``(VI) processing;
``(ii) the reclamation of an area disturbed
by an activity described in clause (i); and
``(iii) any activity reasonably incident to
an activity described in clause (i) or (ii),
regardless of whether that incidental activity
is carried out on a mining claim, including the
construction and maintenance of any road,
transmission line, pipeline, or any other
necessary infrastructure or means of access on
public land for a support facility.
``(B) Rights to use, occupation, and operations.--A
claimant shall have the right to use, occupy, and
conduct operations on public land, with or without the
discovery of a valuable mineral deposit, if--
``(i) the claimant makes a timely payment
of the location fee required by section 10102
and the claim maintenance fee required by
subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver under subsection (d)--
``(I) the claimant makes a timely
payment of the location fee required by
section 10102; and
``(II) the claimant complies with
the required assessment work under the
general mining laws.
``(2) Fulfillment of federal land policy and management act
of 1976.--A claimant that fulfills the requirements of this
section and section 10102 shall be deemed to satisfy any
requirements under the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) for the payment of fair market
value to the United States for the use of public land and
resources pursuant to the general mining laws.
``(3) Savings clause.--Nothing in this subsection
diminishes any right (including a right of entry, use, or
occupancy) of a claimant.''.
<all>
</pre></body></html>
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118S1282 | Freedom to Move Act | [
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"Sen. Markey, Edward J. [D-MA]",
"sponsor"
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[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1282 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1282
To direct the Secretary of Transportation to carry out a grant program
to support efforts to provide fare-free transit service, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Markey (for himself and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to carry out a grant program
to support efforts to provide fare-free transit service, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Move Act''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to invest in the efforts of States, counties, and local
municipalities to provide fare-free public transportation; and
(2) to support States, counties, and local municipalities
in improving and expanding access to safe, accessible, and
reliable mass transit systems in order to improve the
livability of communities.
SEC. 3. GRANTS TO SUPPORT FARE-FREE TRANSIT.
(a) Definitions.--In this section:
(1) Eligible entity.--In this section, the term ``eligible
entity'' means--
(A) a State, a political subdivision of a State, or
an Indian Tribe;
(B) a transit agency;
(C) a private nonprofit organization engaged in
public transportation in a rural area; or
(D) a partnership between 2 or more entities
described in subparagraphs (A) through (C).
(2) Foster care youth.--The term ``foster care youth''--
(A) means children and youth whose care and
placement are the responsibility of the State or Tribal
agency that administers a State or Tribal plan under
part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.), without regard to
whether foster care maintenance payments are made under
section 472 of that Act (42 U.S.C. 672) on behalf of
such children and youth; and
(B) includes individuals who were age 13 or older
when their care and placement were the responsibility
of a State or Tribal agency that administered a State
or Tribal plan under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et seq., 670 et
seq.) and who are no longer under the care and
responsibility of such a State or Tribal agency,
without regard to any such individual's subsequent
adoption, guardianship arrangement, or other form of
permanency outcome.
(3) Indian tribe.--The term ``Indian Tribe'' means an
Indian tribe, as that term is used in chapter 53 of title 49,
United States Code.
(4) Low-income individual.--The term ``low-income
individual'' means an individual whose family income is at or
below 150 percent of the poverty line (as that term is defined
in section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)), including any revision required by that
section) for a family of the size involved.
(5) Mass transit; public transit; transit.--The terms
``mass transit'', ``public transit'', and ``transit'' mean
public transportation.
(6) Public transportation.--The term ``public
transportation''--
(A) means regular, continuing shared-ride surface
transportation services that are open to the general
public or open to a segment of the general public
defined by age, disability, or low income; and
(B) does not include--
(i) intercity passenger rail transportation
provided by the entity described in chapter 243
of title 49, United States Code (or a successor
to that entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for patrons
of 1 or more specific establishments; or
(vii) intra-terminal or intra-facility
shuttle services.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(8) State.--The term ``State'' has the meaning given the
term in section 5302 of title 49, United States Code.
(9) Underserved community.--The term ``underserved
community'' means--
(A) a community that--
(i) is not served by any existing bus
route; or
(ii) receives infrequent bus service; and
(B) a community located in an area within a census
tract that is identified as--
(i) a low-income community; and
(ii) a community of color.
(b) Grants Authorized.--Not later than 360 days after the date of
enactment of this Act, the Secretary shall award grants (which shall be
known as ``Freedom to Move Grants'') to eligible entities, on a
competitive basis, to cover the lost fare revenue for fare-free public
transportation and improve public transportation.
(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including, at a minimum, the
following:
(1) A description of how the eligible entity plans to
implement fare-free transit access.
(2) A description of how the eligible entity will work to
expand and improve bus service, which may include--
(A) a bus network redesign;
(B) how the bus network redesign will prioritize
consistent and reliable service for low-income and
underserved communities;
(C) how the bus network redesign will prioritize
connectivity to critical services and improve community
livability; and
(D) how the eligible entity will meaningfully
consult with members of the community, community
leaders, local stakeholders and advocates (including
transit advocates and disability advocates), local
education agencies and institutions of higher
education, community developers, labor unions, public
housing agencies, and workforce development boards,
while facilitating the bus network redesign.
(3) A description of how the eligible entity will
meaningfully partner and collaborate with members of the
community, community leaders, local stakeholders and advocates
(including transit advocates and disability advocates), local
education agencies and institutions of higher education,
community developers, labor unions, public housing agencies and
workforce development boards to support outreach efforts to
increase awareness of fare-free transit programs, including
fare-free bus programs.
(4) A description of the eligible entity's equity
evaluation examining any equity and mobility gaps within each
transit system operated by the eligible entity or within the
geographic area under the jurisdiction of the eligible entity,
and how the eligible entity plans to significantly close those
gaps, including--
(A) the average commute time for driver commuters
and non-driver commuters;
(B) public transit ridership rates disaggregated
by--
(i) mode of transportation; and
(ii) demographic group, including youth
(including foster care youth), seniors,
individuals with disabilities, and low-income
individuals; and
(C) average length of bus routes and average delay
times.
(5) A description of the eligible entity's fare evasion
enforcement policies, including--
(A) the cost of the fine, if any, and whether the
infraction is considered a civil offense or a criminal
offense punishable by imprisonment;
(B) the number of individuals charged with
violating a fare evasion policy, disaggregated by age,
race, gender, and disability status; and
(C) how the eligible entity plans to eliminate fare
evasion policies and end the criminalization of
individuals evading fares.
(6) An estimate of additional costs that the eligible
entity will incur as a result of increased ridership,
including--
(A) fuel costs;
(B) personnel costs;
(C) maintenance costs; and
(D) other operational costs.
(7) Information and statistics on assaults on transit
employees and a description of each training or policy used or
intended to be used to protect employees, which may include de-
escalation training.
(d) Duration.--A grant awarded under this section shall be for a 5-
year period.
(e) Selection of Eligible Entities.--In carrying out the grant
program under this section, the Secretary shall award grants to
eligible entities located in both rural and urbanized areas.
(f) Uses of Funds.--An eligible entity that receives a grant under
this section shall use the grant to support--
(1) implementing a fare-free transit program; and
(2) efforts to improve public transportation, particularly
in underserved communities, including costs associated with
efforts to provide more safe, frequent, and reliable bus
service, including--
(A) bus stop safety and accessibility improvements;
(B) pedestrian and bike shelters;
(C) signage;
(D) painted bus lanes;
(E) signal priority systems;
(F) street redesign;
(G) operational costs to meet demands of increased
ridership, including hiring and training of personnel;
and
(H) conducting a bus network redesign.
(g) Report.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall--
(A) collect data from each eligible entity
receiving a grant under this section on the progress of
the entity in meeting the targets described in the
application of the entity; and
(B) publish and submit to Congress a report
containing the data collected under subparagraph (A).
(2) Requirements.--The report required under paragraph (1)
shall--
(A) include data on demographics of communities
served under this section, disaggregated and cross-
tabulated by--
(i) race;
(ii) ethnicity;
(iii) sex; and
(iv) household median income; and
(B) assess the progress of eligible entities
towards significantly closing transit equity and
mobility gaps as described in subsection (c)(4).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000,000 for each of
fiscal years 2024 through 2028.
<all>
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118S1283 | Taxpayer Advocate Enhancement Act | [
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
]
] | <p> <strong>National Taxpayer Advocate Enhancement Act of 2023 </strong></p> <p>This bill grants the National Taxpayer Advocate the authority to appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1283 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1283
To amend the Internal Revenue Code of 1986 to conform to the intent of
the Internal Revenue Service Restructuring and Reform Act of 1998
(Public Law 105-206), as set forth in the joint explanatory statement
of the committee of conference accompanying Conference Report 105-599,
that the National Taxpayer Advocate be able to hire and consult counsel
as appropriate.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Cardin (for himself and Mr. Cassidy) 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 conform to the intent of
the Internal Revenue Service Restructuring and Reform Act of 1998
(Public Law 105-206), as set forth in the joint explanatory statement
of the committee of conference accompanying Conference Report 105-599,
that the National Taxpayer Advocate be able to hire and consult counsel
as appropriate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Advocate Enhancement Act''.
SEC. 2. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE.
Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is
amended--
(1) in subclause (I), by striking ``and'' at the end,
(2) in subclause (II), by striking the period at the end
and inserting ``; and'', and
(3) by adding at the end the following:
``(III) appoint counsel in the
Office of the Taxpayer Advocate to
report directly to the National
Taxpayer Advocate.''.
<all>
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118S1284 | TORNADO Act | [
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[From the U.S. Government Publishing Office]
[S. 1284 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1284
To improve forecasting and understanding of tornadoes and other
hazardous weather, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Wicker (for himself, Mr. Cruz, Mr. Thune, Mr. Grassley, Mrs. Hyde-
Smith, Mr. Young, Mrs. Blackburn, Mr. Boozman, and Mr. Peters)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve forecasting and understanding of tornadoes and other
hazardous weather, and for other 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 ``Tornado Observations Research and
Notification Assessment for Development of Operations Act'' or the
``TORNADO Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Hazardous weather and water events.--The term
``hazardous weather and water events'' means weather and water
events that have a high risk of loss of life or property,
including--
(A) severe storms, such as hurricanes and short-
fused, small-scale hazardous weather or hydrologic
events produced by thunderstorms, including large hail,
damaging winds, tornadoes, and flash floods;
(B) winter storms, such as freezing or frozen
precipitation (including freezing rain, sleet, and
snow), or combined effects of freezing or frozen
precipitation and strong winds; and
(C) other weather hazards, such as extreme heat or
cold, wildfire, drought, dense fog, high winds, river
flooding and lakeshore flooding.
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) 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).
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
SEC. 3. HAZARDOUS WEATHER AND WATER EVENT RISK COMMUNICATION.
(a) In General.--The Under Secretary shall maintain and improve the
system of the National Oceanic and Atmospheric Administration by which
the risks of hazardous weather and water events are communicated to the
general public, with the goal of informing action and encouraging
response to prevent loss of life and property.
(b) Hazard Risk Communication Improvement and Simplification.--
(1) In general.--The Under Secretary shall maintain a
hazard risk communication office (in this subsection referred
to as the ``Office''), for the purposes of simplifying and
improving the communication of hazardous weather and water
event risks.
(2) Terminology.--The Office shall identify, eliminate, or
modify unnecessary, redundant, or confusing terms for hazardous
weather and water event communications and add new terminology,
as appropriate.
(3) Communications improvement.--The Office shall improve
the form, content, and methods of hazardous weather and water
event communications to more clearly inform action and increase
the likelihood that the public takes such action to prevent the
loss of life or property.
(4) Evaluations.--The Office shall, in coordination with
the performance branch of the National Weather Service, develop
metrics for that branch to track and evaluate the degree to
which hazardous weather and water event communications result
in action and response.
(5) Support plan.--The Office shall develop a plan for the
purpose of supporting the activities described in paragraph
(3). The plan shall be periodically updated and informed by
internal and extramural research and the results of the
evaluation of hazardous weather and water event communications
conducted under paragraph (4).
(6) Methods.--In carrying out this subsection, the Office
shall develop and implement recommendations that--
(A) are based on the best and most recent
understanding from social, behavioral, risk, and
communication science research;
(B) are validated by social, behavioral, risk, and
communication science, taking into account the
importance of methods that support reproduction and
replication of scientific studies, use of rigorous
statistical analyses, and, as applicable, data analysis
supported by artificial intelligence and machine
learning technologies;
(C) account for the needs of various demographics,
vulnerable populations, and geographic regions;
(D) account for the differences between various
types of weather and water hazards;
(E) respond to the needs of Federal, State, and
local government partners and media partners; and
(F) account for necessary changes in the
infrastructure, technology, and protocols for creating
and disseminating federally operated watches and
warnings.
(7) Coordination.--In implementing this Act, the Office
shall coordinate with--
(A) Federal partners, including National
Laboratories, Cooperative Institutes, and regional
integrated sciences and assessments programs;
(B) State and local government partners;
(C) Tribal governments;
(D) institutions of higher education; and
(E) media partners.
(8) Timeliness and consistency.--The Office shall develop
best practices and guidance for ensuring timely and consistent
communication across public facing platforms that disseminate
hazardous weather and water event information.
(c) Hazard Communication Research and Engagement.--
(1) In general.--The Under Secretary shall establish or
maintain a research program--
(A) to modernize the creation and communication of
risk-based, statistically reliable, probabilistic
hazard information to inform effective actions and
responses to hazardous weather and water events; and
(B) to improve the fundamental social, behavioral,
risk, and communication science regarding hazardous
weather and water event communication.
(2) Coordination.--In carrying out the research program
required by paragraph (1), the Under Secretary shall coordinate
and communicate with States, Tribal governments, localities,
and emergency managers on research priorities and results.
(3) Pilot program for tornado hazard communication
required.--
(A) In general.--To further research into hazard
communication, the Under Secretary, in collaboration
with one or more eligible institutions, shall establish
a pilot program for tornado hazard communication to
test the effectiveness of implementing the research
conducted under this subsection with respect to
tornadoes.
(B) Eligible institution defined.--In this
paragraph, the term ``eligible institution'' means any
of the following:
(i) A historically Black college or
university located in an area of persistent
poverty that is subjected to frequent severe
weather, such as tornadoes, hurricanes, and
floods.
(ii) An institution of higher education in
close proximity to a National Weather Service
Weather Forecast Office of the National Weather
Service.
(d) Data Management.--The Under Secretary shall establish,
maintain, and improve a central repository system for the National
Oceanic and Atmospheric Administration for social, behavioral, risk,
and economic data related to the communication of hazardous weather and
water events, including data developed or received pursuant to
paragraphs (3), (4), and (5) of subsection (b).
(e) Digital Watermarking.--The Under Secretary shall develop
methods to reduce the likelihood of unauthorized tampering with online
hazardous weather and water event risk communication, such as
developing digital watermarks.
SEC. 4. WARN-ON-FORECAST STRATEGIC PLAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall prepare and submit to
Congress a strategic plan for developing and prioritizing the
implementation of high-resolution probabilistic forecast guidance for
hazardous weather and water events using a next-generation weather
forecast and warning framework.
(b) Plan Elements.--The strategic plan required by subsection (a)
shall include the following:
(1) A discussion of--
(A) the priorities and needs of vulnerable
populations and National Weather Service partners; and
(B) high-performance computing, visualization, and
dissemination needs.
(2) A timeline and guidance for implementation of--
(A) high-resolution numerical weather prediction
models;
(B) methods for meeting the high-performance
computing, visualization, and dissemination needs
discussed under paragraph (1)(B);
(C) real-time high-resolution probabilistic
forecasts;
(D) improved observations, including through
radars, satellites, and uncrewed aerial systems;
(E) a flexible framework to communicate clear and
simple hazardous weather and water event information to
the public; and
(F) social, behavioral, risk, and communication
research to improve the forecaster operational
environment and societal information reception and
response.
SEC. 5. TORNADO RATING SYSTEM.
(a) In General.--The Under Secretary shall, in collaboration with
such stakeholders as the Under Secretary considers appropriate--
(1) evaluate the system used as of the date of the
enactment of this Act to rate the severity of tornadoes; and
(2) determine whether updates to that system are required
to ensure that the ratings accurately reflect the severity of
tornadoes.
(b) Update Required.--If the Under Secretary determines under
subsection (a) that updates to the tornado rating system are necessary,
the Under Secretary shall update the system.
SEC. 6. POST-STORM SURVEYS AND ASSESSMENTS.
(a) In General.--The Under Secretary shall perform one or more
post-storm surveys and assessments following each hazardous weather or
water event determined by the Under Secretary to be of sufficient
societal importance to warrant a post-event survey and assessment.
(b) Coordination.--The Under Secretary shall coordinate with
Federal, State, and local governments, Tribal governments, private
entities, and relevant institutions of higher education when conducting
post-storm surveys and assessments under subsection (a) in order to
optimize data collection, sharing, and integration.
(c) Data Availability.--The Under Secretary shall make the data
obtained from each post-storm survey and assessment conducted under
subsection (a) available to the public as soon as practicable after
conducting the survey and assessment.
(d) Improvement.--The Under Secretary shall--
(1) investigate the role of uncrewed aerial systems in data
collection during post-storm surveys and assessments conducted
under subsection (a);
(2) identify gaps in and update tactics and procedures to
enhance the efficiency and reliability of data obtained from
post-storm surveys and assessments; and
(3) increase the number of post-storm community impact
studies, including--
(A) surveying individual responses;
(B) conducting review of the accuracy of prior risk
evaluations;
(C) evaluating the efficacy of prior mitigation
activity; and
(D) gathering survivability statistics.
(e) Support for Employees.--The Under Secretary shall provide
training, resources, and access to professional counseling to support
the emotional and mental health and well-being of employees conducting
post-storm surveys and assessments under subsection (a).
SEC. 7. VORTEX-USA PROGRAM.
(a) In General.--Section 103 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8513) is amended--
(1) in the section heading, by striking ``tornado warning
improvement and extension'' and inserting ``vortex-usa'';
(2) in subsection (a), by striking ``establish a tornado
warning improvement and extension program'' and inserting
``maintain a program for rapidly improving tornado forecast and
warnings'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Warnings.--The program required by subsection (a) shall--
``(1) continue the research necessary to develop and deploy
probabilistic weather forecast guidance technology for
tornadoes; and
``(2) incorporate, as appropriate, hazard communication
research.
``(e) Research.--
``(1) In general.--The Under Secretary shall, through the
program required by subsection (a), award grants for research
that focuses on improving--
``(A) the social, behavioral, risk, communication,
and economic sciences related to vulnerabilities, risk
communication, and delivery of information critical for
saving lives and property related to tornadoes; and
``(B) the physical sciences, engineering, and
technology related to tornado formation, the
interactions of tornadoes with the built and natural
environment, and the interaction of tornadoes and
hurricanes.
``(2) Priority institutions.--
``(A) In general.--In awarding grants under
paragraph (1), the Under Secretary shall prioritize
awarding grants to minority-serving institutions.
``(B) Definition of minority-serving institution.--
In this paragraph, the term `minority-serving
institution' means--
``(i) a part B institution (as defined in
section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061));
``(ii) a Hispanic-serving institution (as
defined in section 502(a) of that Act (20
U.S.C. 1101a(a)));
``(iii) a Tribal College or University (as
defined in section 316(b) of that Act (20
U.S.C. 1059c(b)));
``(iv) an Alaska Native-serving institution
(as defined in section 317(b) of that Act (20
U.S.C. 1059d(b)));
``(v) a Native Hawaiian-serving institution
(as defined in section 317(b) of that Act (20
U.S.C. 1059d(b)));
``(vi) a Predominantly Black Institution
(as defined in section 318(b) of that Act (20
U.S.C. 1059e(b)));
``(vii) an Asian American and Native
American Pacific Islander-serving institution
(as defined in section 320(b) of that Act (20
U.S.C. 1059g(b))); or
``(viii) a Native American-serving,
nontribal institution (as defined in section
319(b) of that Act (20 U.S.C. 1059f(b))).'';
and
(5) by adding at the end the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Under Secretary to carry out this section
$11,000,000 for each of fiscal years 2023 through 2030, of which not
less than $2,000,000 each fiscal year shall be used for grants awarded
under subsection (e).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Weather Research and Forecasting Innovation Act of 2017 (Public Law
115-25; 131 Stat. 91) is amended by striking the item relating to
section 103 and inserting the following:
``Sec. 103. VORTEX-USA program.''.
SEC. 8. REPORTS.
(a) Weather Research and Forecasting Innovation Act of 2017.--
(1) In general.--Section 403 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8543) is amended
by striking subsection (d).
(2) Technical amendment.--Section 403(a) of such Act (15
U.S.C. 8543(a)) is amended by inserting ``the'' after
``Director of''.
(b) National Oceanic and Atmospheric Administration Authorization
Act of 1992.--Section 106 of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (Public Law 102-567; 106 Stat.
4274) is amended by striking subsection (c) (15 U.S.C. 1537).
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON HAZARDOUS WEATHER
AND WATER ALERT DISSEMINATION.
(a) In General.--Not later than 540 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report that examines the information
technology infrastructure of the National Weather Service of the
National Oceanic and Atmospheric Administration, specifically regarding
the system for timely public notification of hazardous weather and
water event alerts and updates.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of the information technology
infrastructure of the National Weather Service, including
software and hardware capabilities and limitations, including
an examination of server and data storage methods, broadband,
data management, and data sharing.
(2) An identification of secondary and tertiary fail-safes
for the timely distribution of hazardous weather and water
event alerts to the public.
(3) A determination of the extent to which public
notifications are delayed and an identification of corrective
measures that do not add additional notification time.
(4) An assessment of whether collaboration with other
Federal offices, States, or private entities could reduce
delays in notifications to the public.
(5) A description of actions being undertaken to better
identify critical steps in the hazards notification process
that may be vulnerable to disruption or failure in the event of
communication, technologic, or computational failure.
<all>
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118S1285 | School Shooting Safety and Preparedness Act | [
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
]
] | <p><b>School Shooting Safety and Preparedness Act</b></p> <p>This bill requires the Department of Education (ED) to publish an annual report on indicators of school crime and safety.</p> <p>The report must collect specified information, including </p> <ul> <li> the number of school shootings that have taken place nationwide and the number of those that were mass shootings;</li> <li>the number of people killed or injured in each school shooting;</li> <li>the age, gender, race, ethnicity, and nationality of each victim; </li> <li>the motivation of the shooter;</li> <li> how the shooting was stopped; </li> <li>the number and type of firearms and ammunition used in each shooting; and</li> <li>the response time of law enforcement.</li> </ul> <p>ED must direct the National Center for Education Statistics to collect and publish specified data on school shootings.</p> <p> The center must collect information on the existence or absence of specified measures at the time of the shooting, including physical and other types of security measures, a communication plan with local law enforcement, a response plan that includes coordination with local agencies, an active shooter response plan, and a trauma response plan.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1285 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1285
To direct the National Center for Education Statistics to produce an
annual report on indicators of school crime and safety, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To direct the National Center for Education Statistics to produce an
annual report on indicators of school crime and safety, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Shooting Safety and
Preparedness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Title 18 definitions.--The terms ``firearm'' and
``ammunition'' have the meanings given such terms in section
921 of title 18, United States Code. The term ``large capacity
ammunition feeding device'' has the meaning given such term in
section 921 of title 18, Unites States Code, as in effect on
September 1, 2004.
(2) Mass shooting.--The term ``mass shooting'' means a
shooting during which 3 or more individuals, not including the
shooter, were injured or killed in one location or in multiple
locations in close proximity.
(3) School.--The term ``school'' means--
(A) an early childhood education program (as
defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003));
(B) an elementary school (as defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
(C) a secondary school (as defined in section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)); and
(D) an institution of higher education (as defined
in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)).
(4) School shooting.--The term ``school shooting'' means an
event or occurrence--
(A) during which one or more individuals were
injured or killed by a firearm; and
(B) that occurred--
(i) in, or on the grounds of, a school,
even if before or after school hours;
(ii) while the victim was traveling to or
from a regular session at school; or
(iii) while the victim was attending or
traveling to or from an official school-
sponsored event.
SEC. 3. ANNUAL REPORT ON INDICATORS OF SCHOOL CRIME AND SAFETY.
(a) In General.--The Secretary of Education, in consultation with
the Attorney General and the Secretary of Health and Human Services,
shall publish not less frequently than on an annual basis a report on
indicators of school crime and safety. Such report shall be produced by
the National Center for Education Statistics of the Department of
Education in consultation with the Bureau of Justice Statistics of the
Department of Justice. Such report shall include, at a minimum, an
updated version of the information provided in the National Center for
Education Statistics report NCES 2022-092 issued in July 2022, and the
data described in subsections (b) and (d).
(b) Statistics on School Shootings.--In collecting data on school
shootings to be compiled in the annual report described in subsection
(a), the National Center for Education Statistics shall collect at a
minimum the following data annually:
(1) The number of school shootings that have taken place
nationwide.
(2) Of the school shootings described in paragraph (1), the
number that were mass shootings.
(3) Of the school shootings described in paragraph (1), the
number that were suicides.
(4) Of the school shootings described in paragraph (1), the
number that were accidents.
(5) The number of people killed in each school shooting,
including--
(A) the number of people whose cause of death was
attributable to wound by firearm; and
(B) the number of people having some other cause of
death.
(6) The number of people injured in each school shooting,
including--
(A) the number of people wounded by firearm; and
(B) the number of people injured in some other
manner.
(7) The time of the shooting and whether it occurred during
school hours.
(8) The demographics of each school, including--
(A) the locale code of the school, as determined by
the Secretary of Education; and
(B) student demographic data disaggregated by--
(i) economically disadvantaged students as
compared to students who are not economically
disadvantaged;
(ii) each major racial and ethnic group;
(iii) children with disabilities as
compared to children without disabilities; and
(iv) English proficiency status.
(9) The personal characteristics of each victim in the
shooting, including, at a minimum, the victim's--
(A) age;
(B) gender;
(C) race;
(D) ethnicity; and
(E) nationality.
(10) The personal characteristics of the shooter,
including, at a minimum, the shooter's--
(A) age;
(B) gender;
(C) race;
(D) ethnicity;
(E) nationality; and
(F) relationship to the school.
(11) Whether the shooting was determined to be an accident,
and if not, the motivation of the shooter, including any real
or perceived bias based on race, religion, ethnicity,
nationality, or sex (including sexual orientation or gender
identity).
(12) How the shooting was stopped, including--
(A) whether the shooter was injured or killed, and
if so, by whom; and
(B) if not, what was the other outcome of the
incident (such as escape, arrest, or suicide).
(13) The number and type of firearms and ammunition that
were used in each shooting, including--
(A) the make and model of the firearm;
(B) the manufacturer of the firearm;
(C) the make and model of the ammunition;
(D) the manufacturer of the ammunition;
(E) whether a large capacity ammunition feeding
device was present at the scene or used during the
shooting; and
(F) the number of rounds of ammunition fired by the
shooter over the course of the shooting.
(14) Where each of the firearms used in each shooting was
obtained and how, including--
(A) whether the firearm was registered if required;
(B) whether the firearm was purchased from a
licensed gun dealer or an unlicensed sale; and
(C) the geographic location from where the shooter
obtained the firearm.
(15) If the original purchaser was not the shooter, the
original purchaser's relationship, if any, to the shooter.
(16) If the original purchaser was not the shooter and the
firearm was obtained from the shooter's home, the gun storage
practices being used in the home, and whether the gun owner was
charged with failing to properly secure his or her firearm.
(17) Whether the school had one or more teachers, as that
term is defined in section 8553 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7943), who were armed, and if
so, whether such armed teacher or teachers stopped the incident
by shooting the shooter.
(18) The length of time that the shooting lasted (the
approximate elapsed time between the first and last shots
fired).
(19) The response time of law enforcement.
(c) Historic Statistics on School Shootings.--The Secretary of
Education shall direct the National Center for Education Statistics--
(1) to collect, to the extent practicable, the data
required in subsection (b) for shootings that occurred before
the date of the enactment of this Act; and
(2) to publish such data as revisions to the most
applicable annual reports on indicators of school crime and
safety issued by the National Center for Education Statistics
before the date of the enactment of this Act.
(d) Safety and Prevention.--In collecting data on school shootings
to be compiled in the annual report described in subsection (a), the
National Center for Education Statistics shall collect, at a minimum,
information on the existence or absence of the following measures at
the time of the shooting at schools where a school shooting occurred in
the previous year:
(1) Physical security measures, including--
(A) building envelopes and interiors designed to
protect occupants from human threats; and
(B) other physical security measures designed to
avert and restrict violence.
(2) Other types of security measures, including measures
designed to preserve open learning environments that positively
influence student behavior.
(3) A communication plan with local law enforcement.
(4) A response plan that includes coordination with local
agencies (such as law enforcement, fire department, and
hospitals).
(5) An active shooter response plan (including the use of
an alert system to notify students, faculty, and parents or
guardians).
(6) A trauma response plan to address trauma resulting from
the shooting, including coordination with school-based
counselors, other school mental health professionals, and
appropriate community partners and organizations, such as
community action programs or agencies.
(7) Any other similar type of safety or prevention measure
in place at the time of the school shooting.
(e) Rule of Construction.--In collecting data on school shootings
to be compiled in the annual report described in subsection (a), any
data disaggregation required by subsection (b) shall not be required in
the case where such disaggregation would reveal personally identifiable
information about any individual.
<all>
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118S1286 | A bill to amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of Siletz Indians, and for other purposes. | [
[
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"Sen. Wyden, Ron [D-OR]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1286 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1286
To amend the Siletz Reservation Act to address the hunting, fishing,
trapping, and animal gathering activities of the Confederated Tribes of
Siletz Indians, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Merkley (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Siletz Reservation Act to address the hunting, fishing,
trapping, and animal gathering activities of the Confederated Tribes of
Siletz Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SILETZ RESERVATION ACT AMENDMENT.
Section 4 of Public Law 96-340 (commonly known as the ``Siletz
Reservation Act'') (94 Stat. 1074) is amended to read as follows:
``SEC. 4. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
final judgment and decree of the United States District Court
for the District of Oregon, in the action entitled
`Confederated Tribes of Siletz Indians of Oregon against State
of Oregon', entered on May 2, 1980.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Siletz agreement.--The term `Siletz Agreement' means
the agreement entitled `Agreement Among the State of Oregon,
the United States of America and the Confederated Tribes of the
Siletz Indians of Oregon to Permanently Define Tribal Hunting,
Fishing, Trapping, and Gathering Rights of the Siletz Tribe and
its Members' and entered into by the United States on April 22,
1980.
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Siletz Agreement shall remain in
effect until and unless replaced, amended, or otherwise
modified by 1 or more successor government-to-government
agreements between the Confederated Tribes of Siletz Indians
and the State of Oregon relating to the hunting, fishing,
trapping, and animal gathering rights of the Confederated
Tribes of Siletz Indians.
``(2) Amendments.--The Siletz Agreement or any successor
agreement entered into under paragraph (1) may be amended from
time to time by mutual consent of the Confederated Tribes of
Siletz Indians and the State of Oregon.
``(3) Contents of new agreement or amendments.--The Siletz
Agreement or any successor agreement entered into under
paragraph (1) shall not provide for exclusive or primary Siletz
take opportunity outside the exterior boundaries of the 1855
Executive Order Siletz Coast Reservation (as described in
section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act
(Public Law 95-195; 91 Stat. 1418; 130 Stat. 1364)) relative to
any other federally recognized Indian Tribe, and shall not
provide for new or expanded take of fishery resources in the
Columbia River or in the Willamette River from its mouth to the
top of Willamette Falls.
``(c) Judicial Review.--In any action brought in the United States
District Court for the District of Oregon to rescind, overturn, modify,
or provide relief under Federal law from the Consent Decree, the United
States District Court for the District of Oregon shall review the
application of the parties on the merits without regard to the defense
of res judicata or collateral estoppel.
``(d) Effect.--Nothing in this section enlarges, confirms,
adjudicates, affects, or modifies any treaty or other right of an
Indian Tribe.''.
<all>
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118S1287 | A bill to amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of the Grand Ronde Community, and for other purposes. | [
[
"M001176",
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"sponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
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] | <p>This bill provides a process by which the Confederated Tribes of the Grand Ronde Community of Oregon and Oregon may negotiate to amend or replace the existing agreement defining the tribe's hunting, fishing, trapping, and animal gathering rights.</p> <p>The current agreement, which was made effective by a January 12, 1987, consent decree by the U.S. District Court for the District of Oregon, serves as the exclusive and final determination of the tribe's hunting, fishing, trapping, and gathering rights. This bill instead allows a December 2, 1986, agreement between the United States, Oregon, and the tribe (known as the Grand Ronde Hunting and Fishing Agreement) to define the tribe's rights until and unless it is amended or replaced upon mutual agreement of the tribe and Oregon.</p> <p>The bill allows the tribe and Oregon to return to the U.S. District Court for the District of Oregon to request the modification or termination of the January 12, 1987, consent decree.</p> <p>The bill prohibits a new or amended agreement from (1) affecting the other rights of the tribe or any other Indian tribe, (2) limiting Oregon from entering into separate agreements with other tribes to address the authority to take species within the geographic scope of the agreement, or (3) being used in a civil or criminal action to modify any treaty or other right of a tribe.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1287
To amend the Grand Ronde Reservation Act to address the hunting,
fishing, trapping, and animal gathering activities of the Confederated
Tribes of the Grand Ronde Community, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Merkley (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Grand Ronde Reservation Act to address the hunting,
fishing, trapping, and animal gathering activities of the Confederated
Tribes of the Grand Ronde Community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GRAND RONDE RESERVATION ACT AMENDMENT.
Section 2 of Public Law 100-425 (commonly known as the ``Grand
Ronde Reservation Act'') (102 Stat. 1595) is amended to read as
follows:
``SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
final judgment and decree of the United States District Court
for the District of Oregon, in the action entitled
`Confederated Tribes of the Grand Ronde Community of Oregon
against the State of Oregon', entered on January 12, 1987.
``(2) Grand ronde hunting and fishing agreement.--The term
`Grand Ronde Hunting and Fishing Agreement' means the agreement
entitled `Agreement Among the State of Oregon, the United
States of America and the Confederated Tribes of the Grand
Ronde Community of Oregon to Permanently Define Tribal Hunting,
Fishing, Trapping, and Animal Gathering Rights of the Tribe and
its Members' and entered into by the United States on December
2, 1986.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Grand Ronde Hunting and Fishing
Agreement shall remain in effect until and unless replaced,
amended, or otherwise modified by 1 or more successor
government-to-government agreements between the Confederated
Tribes of the Grand Ronde Community and the State of Oregon
relating to the hunting, fishing, trapping, and animal
gathering rights of the Confederated Tribes of the Grand Ronde
Community.
``(2) Amendments.--The Grand Ronde Hunting and Fishing
Agreement or any successor agreement entered into under
paragraph (1) may be amended from time to time by mutual
consent of the Confederated Tribes of the Grand Ronde Community
and the State of Oregon.
``(3) Contents of new agreement or future amendments.--No
successor agreement or amended agreement entered into under
paragraph (1) shall--
``(A) purport to affirm, recognize, establish,
expand, adjudicate, waive, limit, abrogate or otherwise
affect the ancestral, aboriginal, treaty, statutory,
equitable, or other applicable rights of the
Confederated Tribes of the Grand Ronde Community or any
other Indian Tribe;
``(B) limit the State of Oregon from entering into
separate agreements with other Indian Tribes that
address the authority to take species within the
geographic scope of the agreement; or
``(C) be used in a civil or criminal action in a
court of competent jurisdiction to enlarge, confirm,
adjudicate, affect, or modify any treaty or other right
of an Indian Tribe.
``(4) Source of authority.--All hunting, fishing, trapping,
and animal gathering rights of the Confederated Tribes of the
Grand Ronde Community in any successor agreement or amended
agreement entered into under paragraph (1) after the date of
enactment of this Act shall derive solely from the authority of
the State of Oregon.
``(c) Judicial Review.--In any action brought in the United States
District Court for the District of Oregon to rescind, overturn, modify,
or provide relief under Federal law from the Consent Decree, the United
States District Court for the District of Oregon shall review the
application of the parties on the merits without regard to the defense
of res judicata or collateral estoppel.
``(d) Effect.--Nothing in this section, or in any successor
agreement or amended agreement entered into under paragraph (1), shall
have the force or effect of determining, defining, affirming,
recognizing, abrogating, limiting, or affecting the rights or claims of
any Indian Tribe, including any treaty and other sovereign rights.''.
<all>
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118S1288 | Child Labor Exploitation Accountability Act | [
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[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1288 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1288
To ensure that contractors of the Department of Agriculture comply with
certain labor laws, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mr. Booker (for himself and Mr. Welch) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that contractors of the Department of Agriculture comply with
certain labor laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Labor Exploitation
Accountability Act''.
SEC. 2. PROMOTION OF ECONOMIC SECURITY AND WORKPLACE ACCOUNTABILITY.
(a) Required Disclosures.--The Secretary of Agriculture shall
require any entity that enters into a contract with the Department of
Agriculture on or after the date that is 2 years after the date of
enactment of this Act to disclose to the Secretary of Labor, on an
annual basis and to the best of the knowledge of the entity, whether,
within the preceding 3-year period, any administrative merits
determination, arbitral award or decision, or civil judgment, as
defined in regulations issued by the Secretary of Labor, has been
issued against the entity, or any subcontractor of the entity, for
violations of any of the following (including, as applicable, any
regulations issued under any of the following):
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(3) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(4) Subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'').
(5) Chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'').
(6) Executive Order 11246 (42 U.S.C. 2000e note; relating
to equal employment opportunity).
(7) Section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793).
(8) Section 4212 of title 38, United States Code.
(9) The Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.).
(10) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(11) Title I of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111 et seq.).
(12) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(13) Executive Order 13658 (79 Fed. Reg. 9851; relating to
establishing a minimum wage for contractors).
(14) The Railway Labor Act (45 U.S.C. 151 et seq.).
(15) The Pregnant Workers Fairness Act (division II of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)).
(16) Section 4714 of title 41, United States Code.
(17) Part 170 of title 40, Code of Federal Regulations
(regarding the Worker Protection Standard).
(18) Section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) relating to protections for H-2A workers.
(19) Section 274B of such Act (8 U.S.C. 1324b).
(20) Any applicable State or local labor or employment law,
as defined in regulations issued by the Secretary of Labor.
(b) Consultation.--The Secretary of Labor shall be available, as
appropriate and in coordination as described in subsection (e), for
consultation with an entity described in subsection (a) to assist the
entity in evaluating the information on labor compliance submitted to
the entity by a subcontractor pursuant to such subsection.
(c) Corrective Measures.--On an annual basis, the Secretary of
Labor--
(1) shall provide an entity that makes a disclosure
pursuant to subsection (a) an opportunity to report any steps
taken by the entity, or any subcontractor of the entity, to
correct violations of or improve compliance with the labor
laws, including Executive orders, listed in such subsection,
including any agreements entered into with an enforcement
agency; and
(2) may negotiate with such entity corrective measures that
the entity or any subcontractor of the entity may take in order
to avoid having the entity placed on the list under subsection
(d).
(d) List of Ineligible Entities.--
(1) In general.--For each calendar year beginning with the
first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, the Secretary of
Labor, in coordination as described in subsection (e), shall
prepare, and submit to the Secretary of Agriculture, a list of
each entity that shall be ineligible for a contract with the
Department of Agriculture for that year based on--
(A) serious, repeated, or pervasive violations of
the labor laws, including Executive orders, listed
under subsection (a) committed by the entity or any
subcontractor of the entity; or
(B) the failure of such entity, or any
subcontractor of such entity, to complete any
corrective measure negotiated under subsection (c).
(2) Ineligibility.--The Secretary of Agriculture shall
not--
(A) solicit a contract from any entity on the list
under paragraph (1) that is in effect for a year for
that year or any of the subsequent 4 years; and
(B) conduct an inspection pursuant to the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.) or the
Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), as applicable, of any facility owned or
controlled by an entity on the list under paragraph (1)
that is in effect for a year for that year or for any
of the subsequent 4 years.
(e) Coordination.--In providing the consultation described in
subsection (b) and preparing the list under subsection (d), the
Secretary of Labor shall coordinate, as appropriate, with the National
Labor Relations Board, the Equal Employment Opportunity Commission, the
Environmental Protection Agency, States, and local governments.
(f) Criminal Penalty for Failure To Report.--
(1) Offense.--It shall be unlawful for an entity to
knowingly fail to make a disclosure required under subsection
(a).
(2) Penalty.--
(A) In general.--A violation of paragraph (1) shall
be treated as a violation of section 1031(a) of title
18, United States Code.
(B) Gross loss to government; gross gain to
defendant.--For purposes of applying section 1031 of
title 18, United States Code, to a violation of
paragraph (1) of this subsection, the amount that the
Department of Agriculture pays an entity that violates
such paragraph (1) under a contract described in
subsection (a) of this section shall be treated as the
gross loss to the Government or the gross gain to the
defendant.
(g) Annual Reports to Congress.--For each calendar year beginning
with the first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, Secretary of Agriculture shall
submit a report to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the House of
Representatives that includes--
(1) the number of entities on the list under subsection (d)
for the year of the report;
(2) the number of entities that agreed to take corrective
measures under subsection (c) for such year;
(3) the amount of the applicable contracts for the entities
described in paragraph (1) or (2); and
(4) performance indicators and measures, as determined by
the Secretary of Agriculture, assessing the effectiveness of
the implementation by the Secretary of Agriculture of this Act
for such year.
<all>
</pre></body></html>
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118S1289 | Food Labeling Modernization Act of 2023 | [
[
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],
[
"C... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1289 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1289
To amend the Federal Food, Drug, and Cosmetic Act to strengthen
requirements related to nutrient information on food labels, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Blumenthal (for himself, Mr. Whitehouse, Mr. Markey, Mr. Booker,
and Mr. Cardin) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to strengthen
requirements related to nutrient information on food labels, and for
other 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 ``Food Labeling
Modernization Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional requirements for front-of-package labeling for
foods.
Sec. 3. Claims for conventional foods.
Sec. 4. Use of specific terms.
Sec. 5. Format of ingredient list.
Sec. 6. Declaration of phosphorus in the ingredient list.
Sec. 7. Caffeine content on information panel.
Sec. 8. Food allergen labeling.
Sec. 9. Information about major food allergens and gluten-containing
grains.
Sec. 10. Submission and availability of food label information.
Sec. 11. Standards of identity.
Sec. 12. Study on fortification of corn masa flour.
Sec. 13. Sugar alcohols and isolated fibers.
Sec. 14. Infant and toddler beverages.
Sec. 15. Formatting of information on principal display panels.
Sec. 16. Sale of food online.
Sec. 17. Definitions.
Sec. 18. Regulations; delayed applicability.
SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACKAGE LABELING FOR
FOODS.
(a) Interpretive Nutrition Information.--Section 403 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at
the end the following:
``(z)(1) Except as provided in subparagraphs (3), (4), and (5) of
paragraph (q), if it is food (other than a dietary supplement) intended
for human consumption and is offered for sale and otherwise required to
bear nutrition labeling, unless its principal display panel bears
interpretive nutrition information.
``(2) Final regulations regarding the interpretive nutrition
information required under subparagraph (1) shall meet the following
criteria:
``(A) There shall be a standardized symbol system that
displays calorie information related to the serving size
determined under paragraph (q)(1)(A), and interpretive
nutrition information related to the content of added sugars,
sodium, saturated fat, and any other nutrients that the
Secretary determines the highlighting of which will assist
consumers in maintaining healthy dietary practices, including
by highlighting products containing high levels of such
nutrients.
``(B) The system shall clearly distinguish between products
of greater or lesser nutritional value.
``(C) The information shall--
``(i) appear in a consistent location on the
principal display panels across products;
``(ii) have a prominent design that visually
contrasts with existing packaging design; and
``(iii) be sufficiently large to be easily legible.
``(3) In promulgating regulations regarding the interpretive
nutrition information required under subparagraph (1) and the
standardized symbol system required under subparagraph (2)(A), the
Secretary shall take into account published reports by the Health and
Medicine Division of the National Academy of Sciences, Engineering, and
Medicine regarding interpretive nutrition information, and base
regulations on the following principles:
``(A) Consumers should be able to quickly and easily
comprehend the meaning of the system as an indicator of a
product's contribution to a healthy diet without requiring
specific or sophisticated nutritional knowledge.
``(B) The nutrition information should be consistent with
the Nutrition Facts Panel and with the recommendations of the
Dietary Guidelines for Americans.
``(C) The information should aim to facilitate consumer
selection of healthy product options, including among
nutritionally at-risk subpopulations.
``(4) The Secretary should periodically evaluate the standardized
symbol system required under subparagraph (2)(A) to assess its
effectiveness in facilitating consumer selection of healthy product
options and the extent to which manufacturers are offering healthier
products as a result of the disclosure.
``(5) The implementation of this paragraph should be accompanied by
appropriate consumer education and promotion campaigns determined by
the Secretary.''.
(b) Percentage of Wheat and Grains in Grain-Based Products, and
Amount of Real Fruit, Vegetable, and Yogurt in Products Bearing Fruit,
Vegetable, and Yogurt Claims.--Section 403 of the Federal Food, Drug,
and Cosmetic Act, as amended by subsection (a), is further amended by
adding at the end the following:
``(aa) If, in the case of food other than a dietary supplement, the
principal display panel bears--
``(1) the term `whole wheat', `whole grain', `made with
whole grain', or `multigrain';
``(2) a declaration of the whole grain content by weight;
``(3) the term `wheat' on a wheat bread, pasta, or similar
product that is typically made from wheat; or
``(4) any similar descriptive phrases, terms, or
representations suggesting the product contains whole grains,
unless the amounts of whole grains and refined grains, expressed as a
percentage of total grains, are conspicuously disclosed in immediate
proximity to the most prominent descriptive phrase, term, or
representation using a font color and formatting of equivalent
prominence to the descriptive phrase, term, or representation with
respect to whole grain content, or unless 100 percent of the grains in
the food are whole grains.
``(bb)(1) If, in the case of food other than a dietary supplement,
the principal display panel bears--
``(A) the term `fruit', `fruity', `froot', `frooty', or
`fruit-flavored';
``(B) representations, depictions, or images of such
ingredients; or
``(C) any similar descriptive phrases, terms, or
representations suggesting the product contains fruit or any
specific type of fruit,
unless the quantity per serving and form of fruit, including only the
nutrient-dense forms, is declared on the principal display panel in a
common household measure that is appropriate to the food,
conspicuously, and in immediate proximity to the most prominent term,
representation, depiction, or image of fruit.
``(2) The Secretary shall by regulation establish quantities below
which such declaration shall state that the food does not contain any
full serving of fruit.
``(3) In this paragraph, the term `nutrient-dense', with respect to
the form of an ingredient derived from a fruit, means the whole, cut,
dried, pulp, puree, 100-percent juice, or fully reconstituted
concentrate form, and not concentrates, powders, and other ingredients
that are not whole, cut, dried, pulp, puree, 100-percent juice, or
fully reconstituted concentrates.
``(cc)(1) If, in the case of food other than a dietary supplement,
the principal display panel bears--
``(A) the term `vegetable' or `veggie';
``(B) representations, depictions, or images of such
ingredients; or
``(C) any similar descriptive phrases, terms, or
representations suggesting the product contains vegetables or
any specific type of vegetable,
unless the quantity per serving and form of vegetable, including only
the nutrient-dense form, is declared on the principal display panel in
a common household measure that is appropriate to the food,
conspicuously, and in immediate proximity to the most prominent term,
representation, depiction, or image of vegetable.
``(2) The Secretary shall by regulation establish quantities below
which such declaration shall state that the food does not contain any
full serving of vegetable.
``(3) In this paragraph, the term `nutrient-dense', with respect to
the form of an ingredient derived from a vegetable, means the whole,
cut, dried, pulp, puree, 100-percent juice, or fully reconstituted
concentrate form, and not concentrates, powders, and other ingredients
that are not whole, cut, dried, pulp, puree, 100-percent juice, or
fully reconstituted concentrates.
``(dd)(1) If, in the case of food other than a dietary supplement,
the principal display panel bears the term `yogurt', unless--
``(A) the quantity per serving of yogurt is declared on the
principal display panel in a common household measure that is
appropriate to the food, conspicuously, in immediate proximity
to the term; or
``(B) the first ingredient is cultured milk, cultured
cream, cultured partially skimmed milk, or cultured skim milk.
``(2) The Secretary shall by regulation establish quantities below
which such declaration shall state that the food does not contain any
full serving of yogurt.''.
(c) Coloring and Flavoring.--Section 403 of the Federal Food, Drug,
and Cosmetic Act, as amended by subsection (b), is further amended by
adding at the end the following:
``(ee) If, in the case of food other than a dietary supplement, it
bears or contains any artificial dye, or any added artificial or
natural flavoring, unless such fact is prominently stated on the
principal display panel of the packaging of the food. For the purposes
of this paragraph, the term `artificial dye' refers to a batch-
certified dye certified under part 74 of title 21, Code of Federal
Regulations (or any successor regulations).''.
(d) Sweeteners.--
(1) In general.--Section 403 of the Federal Food, Drug, and
Cosmetic Act, as amended by subsection (c), is further amended
by adding at the end the following:
``(ff) If, in the case of food other than a dietary supplement, it
bears or contains any added artificial or natural noncaloric sweetener,
unless such fact is prominently stated on the principal display panel
of the packaging of the food.''.
(2) Report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this Act as the
``Secretary'') shall submit to Congress a report that--
(i) evaluates whether--
(I) manufacturers have increased
the use of low- and no-calorie
sweeteners; and
(II) the use of low- and no-calorie
sweeteners has risen to a level that
could result in negative health
consequences; and
(ii) describes actions that will be taken
by the Secretary to address any increased use
of low- and no-calorie sweeteners.
(B) Monitoring.--On completion of the report
described in subparagraph (A), the Secretary shall--
(i) periodically monitor for increased use
of low- and no-calorie sweeteners; and
(ii) take action to address the use of low-
and no-calorie sweeteners if the use has risen
to a level that could result in negative health
consequences.
(e) Construction.--Nothing in this section, including any amendment
made by this section, shall be construed as--
(1) affecting any requirement in regulation in effect as of
the date of the enactment of this Act with respect to matters
that are required to be stated on the principal display panel
of a package or container of food that is not required by an
amendment made by this section; or
(2) restricting the authority of the Secretary of Health
and Human Services to require additional information be
disclosed on such a principal display panel.
SEC. 3. CLAIMS FOR CONVENTIONAL FOODS.
(a) Health-Related Claims.--
(1) In general.--Section 403(r)(1)(B) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(r)(1)(B)) is amended by
inserting after ``health-related condition'' the following: ``,
describes the effect that a nutrient may have on the structure
or function of the human body, characterizes the documented
mechanism by which that nutrient acts to maintain such
structure or function, or describes general well-being from
consumption of that nutrient,''.
(2) Substantiation of claim.--Section 403(r) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended--
(A) by redesignating subparagraph (7) as
subparagraph (8); and
(B) by inserting after subparagraph (6) the
following:
``(7) If the Secretary requests that a claim under subparagraph
(1)(B) for food (other than a dietary supplement) be substantiated,
then not later than 90 days after the date on which the Secretary makes
such request, the manufacturer shall provide to the Secretary all
documentation in the manufacturer's possession relating to the
claim.''.
(3) Incompatible with maintaining healthy dietary
practices.--Section 403(r)(3)(A)(ii) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(r)(2)(B)) is amended by
striking ``increases to persons in the general population the
risk of a disease or health-related condition which is diet
related'' and inserting ``may not be compatible with
maintaining healthy dietary practices''.
(b) Nutrient Content Claims.--
(1) In general.--Section 403(r)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(r)(2)) is amended by
striking clause (B) and inserting the following:
``(B) If a claim described in subparagraph (1)(A) is made with
respect to a nutrient in a food and the Secretary makes a determination
that the food contains a nutrient at a level that may not be compatible
with maintaining healthy dietary practices, the label or labeling of
such food shall contain, prominently and in immediate proximity to such
claim, a statement which indicates the food is high in such
nutrient.''.
(2) Revisions to regulations.--In promulgating the
regulations required by section 18, the Secretary of Health and
Human Services shall revise section 101.13(h) of title 21, Code
of Federal Regulations, by--
(A) updating the level of sodium requiring
disclosure to align with the Daily Reference Value for
sodium established in the final rule entitled ``Food
Labeling: Revision of the Nutrition and Supplement
Facts Labels'' published by the Food and Drug
Administration on May 27, 2016 (81 Fed. Reg. 33741);
(B) including a level of added sugars requiring
disclosure based on the Daily Reference Value for added
sugars established in the final rule described in
subparagraph (A);
(C) eliminating the requirement that meal products
containing more than 26 grams of fat and main dish
products containing 19.5 grams of fat per labeled
serving must disclose that fat is present in the food;
and
(D) authorizing the use of express and implied
``low added sugar'' claims on products containing 3
grams of added sugars or less per reference amount
customarily consumed (or per 50 grams if the reference
amount customarily consumed is 30 grams or less or 2
tablespoons or less).
(c) Trans Fats.--Section 403(r)(2)(A) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(r)(2)(A)) is amended--
(1) by redesignating subclauses (v) and (vi) as subclauses
(vi) and (vii), respectively; and
(2) by inserting after subclause (iv) the following new
subclause:
``(v) may not be made with respect to the level of trans
fats in the food, except on the Nutrition Facts Panel, unless
the food contains less than one gram of saturated fat per
serving or, if the food contains more than one gram of
saturated fat per serving, unless the label or labeling of the
food discloses the level of saturated fat in the food in
immediate proximity to such claim and with appropriate
prominence which shall be no less than one-half the size of the
claim with respect to the level of trans fats,''.
(d) Added Sugars.--Not more than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
promulgate a final rule revising section 101.14 of title 21, Code of
Federal Regulations, to include a disqualifying nutrient level for
added sugars.
SEC. 4. USE OF SPECIFIC TERMS.
(a) Use of the Term ``Natural''.--
(1) In general.--In promulgating the regulations required
by section 18, the Secretary of Health and Human Services shall
include regulations--
(A) relating to use of the term ``natural'' on the
labeling of food (other than a dietary supplement);
(B) specifically addressing the use of such term on
the principal display panel and the information panel;
and
(C) requiring that any such use includes a
prominent disclosure explaining what the term
``natural'' does and does not mean in terms of
ingredients and manufacturing processes.
(2) Definition.--The regulations promulgated pursuant to
paragraph (1) shall define the term ``natural''--
(A) to exclude, at a minimum, the use of any
artificial food or ingredient (including any artificial
flavor or added color); and
(B) based on data, including data on consumers'
understanding of the term as used in connection with
food.
(3) Process.--In promulgating the regulations required by
paragraph (1), the Secretary of Health and Human Services
shall--
(A) conduct consumer surveys and studies and issue
a timely call for relevant public submissions regarding
relevant consumer research, including with respect to
consumer understanding of the term ``natural'' in
relation to the term ``organic''; and
(B) fully consider the results of such surveys and
studies, as well as such public submissions.
(b) Use of Term ``Healthy''.--
(1) Added sugars and whole grains.--
(A) In general.--In promulgating the regulations
required by section 18, the Secretary of Health and
Human Services shall include regulations to revise the
regulations under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) relating to the use of the
term ``healthy'' on the labeling of a food (other than
a dietary supplement) to take into account the extent
to which such food contains added sugars or whole
grains.
(B) Requirement.--In making the revisions required
by subparagraph (A) in the case of a food (other than a
dietary supplement) that contains grains, the Secretary
of Health and Human Services shall not consider the
food to be ``healthy'' unless 100 percent of the grains
are whole grains.
(2) Sodium.--In promulgating the regulations required by
section 18, the Secretary of Health and Human Services shall
revise the regulations under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) relating to the use of the
term ``healthy'' on the labeling of a food (other than a
dietary supplement) to align labeling requirements related to
sodium with the daily value for sodium in the most recent
Dietary Guidelines for Americans.
(3) Principles for implementing regulations.--In
promulgating regulations under paragraphs (1) and (2) regarding
the use of the term ``healthy'', the Secretary of Health and
Human Services shall--
(A) consider both food and nutrient criteria; and
(B) if requiring food labeled as ``healthy'' to
contain healthful ingredients--
(i) consider only ingredients that make up
the core of a healthy eating pattern; and
(ii) consider these ingredients only in
their nutrient-dense forms (as such term in
defined in paragraphs (bb) and (cc) of section
403 of the Federal Food, Drug, and Cosmetic
Act, as added by section 2(b) of this Act).
SEC. 5. FORMAT OF INGREDIENT LIST.
(a) In General.--In promulgating the regulations required by
section 18, the Secretary of Health and Human Services shall include
requirements for the format of the information required under section
403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(i))--
(1) for the purpose of improving the readability of such
information on the label of the food (other than a dietary
supplement); and
(2) that are, as determined by the Secretary, necessary to
assist consumers in maintaining healthy dietary practices.
(b) Format Requirements.--The format requirements described in
subsection (a) shall include requirements for font size, uppercase and
lowercase characters, serif and noncondensed font types, high-contrast
between text and background, and bullet points between adjacent
ingredients with appropriate exemptions for small packages or other
considerations.
(c) Enforcement of Ingredient List.--Not later than 2 years after
the enactment of this Act, and every 2 years thereafter, the Secretary
of Health and Human Services shall submit a report to Congress on the
Secretary's enforcement of--
(1) section 403(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343(i)), including with respect to the
regulations described in subsection (a); and
(2) regulations of the Food and Drug Administration on
labeling of ingredients in section 101.4 of title 21, Code of
Federal Regulations.
SEC. 6. DECLARATION OF PHOSPHORUS IN THE INGREDIENT LIST.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343), as amended by section 2(d), is further amended by adding at the
end the following:
``(gg) If it is a food intended for human consumption that is
offered for sale and contains phosphorus, unless--
``(1) the phrase `contains phosphorus', along with the
quantity of phosphorus in the product, reported in milligrams
per serving, is printed immediately after or is adjacent to the
list of ingredients required under paragraphs (g) and (i), in a
type size no smaller than the type size used in the list of
ingredients; or
``(2) the quantity of phosphorus contained in the product,
in milligrams, is reported in the Nutrition Facts Panel.''.
SEC. 7. CAFFEINE CONTENT ON INFORMATION PANEL.
Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(i)) is amended--
(1) by striking ``and (2)'' and inserting ``(2)'';
(2) by striking ``and if the food purports'' and inserting
``, (3) if the food purports''; and
(3) by inserting ``, and (4) if the food is food other than
a dietary supplement and contains at least 10 milligrams of
caffeine from all sources per serving, a statement (with
appropriate prominence near the statement of ingredients
required by this paragraph) of the number of milligrams of
caffeine contained in one serving of the food and the size of
such serving'' after ``vegetable juice contained in the food''.
SEC. 8. FOOD ALLERGEN LABELING.
(a) In General.--Section 201(qq) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(qq)) is amended by adding at the end the
following:
``(3) Any other food ingredient that the Secretary
determines by regulation to be a major food allergen, based on
the prevalence and severity of allergic reactions to the food
ingredient.''.
(b) Update to Compliance Policy Guide.--Not later than 2 years
after the date of enactment of this Act, the Secretary of Health and
Human Services shall update the Food and Drug Administration's
Compliance Policy Guide, section 555.250, to conform with applicable
laws related to major food allergens and gluten-containing grains,
including requirements under sections 9 and 10 of this Act.
SEC. 9. INFORMATION ABOUT MAJOR FOOD ALLERGENS AND GLUTEN-CONTAINING
GRAINS.
(a) In General.--Section 403(w) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343(w)) is amended--
(1) in subparagraph (1)(A), by striking ``is printed
immediately after or is adjacent to the list of ingredients (in
a type size no smaller than the type size used in the list of
ingredients) required under subsections (g) and (i)'' and
inserting ``is printed as specified in subparagraph (8)'';
(2) in subparagraph (1)(B), by striking ``in the list of
ingredients required under subsections (g) and (i)'' and
inserting ``as so printed'';
(3) in subparagraph (3), by striking ``The information''
and inserting ``Subject to subparagraph (8)(B), the
information'';
(4) by adding at the end the following:
``(8) The information required by subparagraph (1) to be conveyed
to the consumer shall be--
``(A) printed immediately after or adjacent to the list of
ingredients (in a type size no smaller than the type size used
in the list of ingredients) required under paragraphs (g) and
(i); or
``(B) in the case of a nonpackaged food being offered for
sale at retail, and not subject to the requirements of
paragraphs (g) and (i), placed on a sign adjacent to the food
(in a type size no smaller than the name of the food item).'';
(5) by inserting ``or gluten-containing grain'' after
``food allergen'' each place it appears in subparagraphs (1),
(2), (4), and (7); and
(6) in subparagraph (7)(A)--
(A) by striking ``paragraph (6)'' and inserting
``subparagraph (6)''; and
(B) by striking ``allergen labeling requirements of
this subsection'' and inserting ``allergen and gluten-
containing grain labeling requirements of this
paragraph''.
(b) Hazard Analysis and Preventive Controls.--Section 418 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) is amended--
(1) in subsection (b)(1)(A), by inserting ``gluten-
containing grains,'' after ``allergens,''; and
(2) in subsection (o)(3)(D), by inserting ``and gluten-
containing grain'' after ``allergen,''.
(c) Inspections Relating to Food Allergens.--Section 205 of the
Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C.
374a) is amended by inserting ``and gluten-containing grains,'' after
``allergens'' each place it appears.
SEC. 10. SUBMISSION AND AVAILABILITY OF FOOD LABEL INFORMATION.
The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 403C of such Act (21 U.S.C. 343-3) the following:
``SEC. 403D. SUBMISSION AND AVAILABILITY OF FOOD LABEL INFORMATION.
``(a) Submissions.--
``(1) Requirement.--The Secretary shall require the
manufacturer or importer of any food that is introduced or
delivered for introduction into interstate commerce in package
form to submit to the Secretary all information to be included
in the label of the food, including--
``(A) the nutrition facts panel;
``(B) the ingredients list;
``(C) an image of the principal display panel;
``(D) major allergens and gluten-containing grains;
``(E) claims under section 403(r)(1)(A) (commonly
known as `nutrient-content claims');
``(F) claims under section 403(r)(1)(B) (commonly
known as `health-related claims'); and
``(G) other relevant information required by law to
be published in the labeling of the food.
``(2) Updates.--The Secretary shall require the
manufacturer or importer of food to update or supplement the
information submitted under paragraph (1) with respect to the
food in order to keep the information up-to-date and complete.
``(3) Civil penalty.--Whoever knowingly violates paragraph
(1) with respect to any food shall be liable to the United
States for a civil penalty in an amount not to exceed $10,000
for each day on which such violation continues with respect to
such food.
``(b) Public Database.--The Secretary shall establish and maintain
a public database containing the information submitted under this
section that--
``(1) is available to the public through the website of the
Food and Drug Administration; and
``(2) allows members of the public to easily search and
sort information.''.
SEC. 11. STANDARDS OF IDENTITY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Health and Human Services shall--
(1) review standards of identity prescribed by regulation
which require foods to contain--
(A) minimum levels of nutrients that the Secretary
determines are strongly associated with public health
concerns; or
(B) minimum levels of ingredients containing high
levels of such nutrients; and
(2) report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on the findings of
such review.
(b) Amendments.--In promulgating the regulations required by
section 18, the Secretary of Health and Human Services shall amend
standards of identity regulations to--
(1) provide for the use of salt substitutes where
appropriate; and
(2) require that yogurt, lowfat yogurt, and nonfat yogurt
contain a minimum level of live and active cultures per gram.
SEC. 12. STUDY ON FORTIFICATION OF CORN MASA FLOUR.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit a report to
Congress on the effect of the final rule titled ``Food Additives
Permitted for Direct Addition to Food for Human Consumption; Folic
Acid'' published by the Food and Drug Administration on April 15, 2016
(81 Fed. Reg. 22176), on folic acid intake in the United States
population by race and ethnicity, comparing actual exposure with
modeled exposure estimates from the final rule.
SEC. 13. SUGAR ALCOHOLS AND ISOLATED FIBERS.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343), as amended by section 6, is further amended by adding at the end
the following:
``(hh) If it is a food intended for human consumption that is
offered for sale and contains allulose, polydextrose, sugar alcohols,
or isolated fibers, unless such fact is prominently stated on the
principal display panel of the packaging of the food. The Secretary
shall by regulation establish quantities above which such labeling
shall include a warning that the food contains a level of allulose,
polydextrose, sugar alcohols, or isolated fibers per serving determined
by the Secretary to cause deleterious health effects.''.
SEC. 14. INFANT AND TODDLER BEVERAGES.
In promulgating the regulations required by section 18, the
Secretary of Health and Human Services shall revise--
(1) section 101.3 of title 21, Code of Federal Regulations,
to prohibit any beverage in powder or liquid form, other than
infant formula, represented or purported to be for use by
children more than 12 months old, from being identified as
``infant formula'' or use the term ``formula'' in combination
with any other term; and
(2) part 102 of title 21, Code of Federal Regulations, so
that--
(A) in the case of any powdered or liquid milk-
based beverage that claims to be for consumption by
children 12 to 36 months of age, such beverage shall--
(i) use as its common or usual name a
descriptive term such as ``milk-based drink'';
and
(ii) if the beverage contains added sugars,
nonnutritive sweeteners, or flavorings, include
in such common or usual name a qualifying term
such as ``sweetened'' or ``flavored'';
(B) in the case of any powdered or liquid nondairy-
milk-based beverage that claims to be for consumption
by children 12 to 36 months of age, such beverage
shall--
(i) use as its common or usual name an
appropriately descriptive term identifying the
source of protein, such as ``soy-based drink
powder for 12-36 month olds''; and
(ii) if the beverage contains added sugars,
nonnutritive sweeteners, or flavorings, include
in such common or usual name qualifying terms
such as ``sweetened'' and ``flavored'' when
applicable; and
(C) the labeling of a beverage described in
subparagraph (A) or (B) shall--
(i) contain a disclaimer that--
(I) cautions against consumption of
the beverage by infants, such as ``DO
NOT SERVE TO INFANTS UNDER 12 MONTHS
OLD''; and
(II) such beverages are not
recommended for children 12 to 24
months of age and such consumption of
such beverages is not required for a
healthy diet, such as ``This product
contains added sugars. The Dietary
Guidelines for Americans recommend to
avoid food and beverages with added
sugars for children younger than 24
months of age.''; and
(ii) not contain any statement suggesting a
recommended intake of such beverages, such as
``one cup a day''.
SEC. 15. FORMATTING OF INFORMATION ON PRINCIPAL DISPLAY PANELS.
The Secretary of Health and Human Services shall--
(1) not later than 2 years after the date of enactment of
this Act, conduct a study on the legibility of food labeling to
determine updated recommendations for text size and color
contrast that make food labeling information visually
accessible to the majority of consumers;
(2) not later than 1 year after the completion of the study
under paragraph (1), issue proposed regulations revising
section 101.2(c) of title 21, Code of Federal Regulations, to--
(A) set the scale of text size, taking into
consideration the results of the study conducted under
paragraph (1); and
(B) establish new requirements for text and
background color contrast, taking into consideration
the results of the study conducted under paragraph (1);
and
(3) not later than 2 years after the completion of the
study under paragraph (1), finalize such proposed regulations.
SEC. 16. SALE OF FOOD ONLINE.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343), as amended by section 13, is further
amended by adding at the end the following:
``(ii)(1) If it is a food offered for sale online or by other
remote written electronic means, unless all information required to
appear on the label or labeling is available to consumers at the point
of selection prior to purchasing the food.
``(2) The Secretary shall by regulation specify the format and
manner in which the information required under subparagraph (1) is to
be made available online to consumers. Such regulations shall include--
``(A) a requirement that the nutrition information shall be
in the same format as the nutrition information required under
paragraph (q); and
``(B) a requirement that the nutrition information required
under paragraph (q), the ingredient information required under
paragraphs (g) and (i), and the allergen information required
under paragraph (w) shall--
``(i) appear on the first product information page
that appears for the product on a mobile device,
internet website, or other landing page;
``(ii) appear prominently and conspicuously (as
compared with other words, statements, or designs on
the mobile device, internet website, or other landing
page) so as to render the information likely to be read
and understood by the ordinary individual under
customary conditions of online purchase; and
``(iii) not contain intervening marketing
information.''.
(b) Prohibited Acts.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(jjj) In the case of a person providing a platform for, or
otherwise assisting, the sale of food online or by other remote written
electronic means, the prevention by the person of the provision to
consumers of information required under section 403(z) or the charging
by such person of an additional fee for the provision of such
information.''.
(2) Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end
the following:
``(h)(1) Notwithstanding subsection (a), any person who violates
section 301(jjj) shall be liable to the United States for a civil
penalty in an amount not to exceed $10,000 for each such violation, and
not to exceed $1,000,000 for all such violations adjudicated in a
single proceeding.
``(2) The Secretary shall provide the person subject to a penalty
under paragraph (1) with a warning and opportunity to correct the
violation prior to issuing the first civil penalty under that
paragraph.
``(3) In determining the amount of a civil penalty under paragraph
(1), the Secretary shall take into consideration whether the person is
making efforts to correct the violation for which such person is
subject to such civil penalty.
``(4) No person shall be subject to criminal penalties as described
in subsection (a) for a violation of section 301(jjj).''.
(c) Civil Monetary Penalties for Violation of Requirements for Sale
of Food Online.--Section 303 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 333) (as amended by subsection (b)(2)) is amended by
adding at the end the following:
``(i)(1) Notwithstanding subsection (a), any person who introduces
into interstate commerce, delivers for introduction into interstate
commerce, receives in interstate commerce, or manufactures a food that
is misbranded as described in section 403(z), or misbrands the food as
described in that section, shall be liable to the United States for a
civil penalty in an amount not to exceed $10,000 for each such
violation, and not to exceed $1,000,000 for all such violations
adjudicated in a single proceeding.
``(2) The Secretary shall provide the person subject to a penalty
under paragraph (1) with a warning and opportunity to correct the
violation prior to issuing the first civil penalty under that
paragraph.
``(3) In determining the amount of a civil penalty under paragraph
(1), the Secretary shall take into consideration whether the person is
making efforts to correct the violation for which such person is
subject to such civil penalty.
``(4) No person shall be subject to criminal penalties as described
in subsection (a) for a violation described in paragraph (1).''.
SEC. 17. DEFINITIONS.
(a) Definitions Applicable in This Act.--In this Act, the terms
``food'' and ``dietary supplement'' have the meanings given to such
terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(b) Definitions Applicable in the Federal Food, Drug, and Cosmetic
Act.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321) is amended by adding at the end the following:
``(tt) The term `artificial', with respect to food or any
ingredient of food, means--
``(1) food or an ingredient that is synthetically produced
whether or not it has the same chemical structure as a
naturally occurring food or ingredient;
``(2) food or an ingredient that has undergone chemical
changes through the introduction of synthetic chemicals or
processing aids (such as corn syrup, high-fructose corn syrup,
high-maltose corn syrup, maltodextrin, chemically modified
starch, and cocoa processed with alkali), excluding--
``(A) food or an ingredient that has undergone
traditional processes used to make food edible, to
preserve food, or to make food safe for human
consumption (such as smoking, roasting, freezing,
drying, and fermenting processes); or
``(B) food or an ingredient that has undergone
traditional physical processes that do not
fundamentally alter the raw product or which only
separate a whole intact food into component parts (such
as grinding grains, separating eggs into albumen and
yolk, or pressing fruits to produce juice); or
``(3) any food or ingredient that the Secretary specifies
by regulation to be artificial for purposes of this Act.
``(uu) The term `synthetic', with respect to a substance in food or
any ingredient of food, means a substance that is formulated or
manufactured by a chemical process or by a process that chemically
changes a substance extracted from a naturally occurring plant, animal,
or mineral source, except that such term does not apply to a substance
created by naturally occurring biological processes.
``(vv) The term `gluten-containing grains' means any one of the
following grains (or any crossbred hybrid thereof):
``(1) Wheat, including any species belonging to the genus
Triticum.
``(2) Rye, including any species belonging to the genus
Secale.
``(3) Barley, including any species belonging to the genus
Hordeum.
``(ww) The term `gluten' means the proteins that--
``(1) naturally occur in a gluten-containing grain; and
``(2) may cause adverse health effects in persons with
celiac disease.
``(xx) The term `online' means on or by any system of data
communication and transmission, such as the internet.
``(yy) The term `online point of selection' means any space in
which consumers are allowed to purchase food online, including
websites, e-commerce platforms, web applications, and mobile
applications.''.
SEC. 18. REGULATIONS; DELAYED APPLICABILITY.
(a) Regulations.--
(1) Proposed regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall issue proposed regulations to carry out sections
2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the
amendments made by such sections.
(2) Final regulations.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall finalize the regulations proposed pursuant to
paragraph (1).
(3) Failure to issue final regulation.--If the Secretary of
Health and Human Services does not issue a final regulation as
required by paragraph (2) by the deadline specified in such
paragraph, the corresponding proposed regulation shall become
final on such deadline.
(b) Delayed Applicability.--The amendments made by sections 2, 3,
4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the
date that is 3 years after the date of enactment of this Act.
<all>
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118S129 | Korematsu-Takai Civil Liberties Protection Act of 2023 | [
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"D000622",
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"M000133... | <p><b>Korematsu-Takai Civil Liberties Protection Act of 2023 </b></p> <p>This bill prohibits the detention or imprisonment of an individual based solely on an actual or perceived protected characteristic of the individual. The term <i>protected characteristic</i> includes each of the following: race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, and any additional characteristic that the Department of Justice determines to be a protected characteristic.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 129 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 129
To ensure due process protections of individuals in the United States
against unlawful detention based solely on a protected characteristic.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Ms. Duckworth (for herself, Ms. Hirono, Mrs. Feinstein, Mr. Booker, Mr.
Markey, Mr. Durbin, Ms. Warren, Mr. Merkley, Mr. Blumenthal, Ms. Cortez
Masto, Mr. Padilla, Mr. Coons, Ms. Klobuchar, Mr. Menendez, Mr. Wyden,
Mr. Van Hollen, Mrs. Murray, Mr. Sanders, Ms. Smith, Mr. Whitehouse,
Mr. Reed, Ms. Baldwin, Mr. Casey, Mr. Cardin, Mr. Welch, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To ensure due process protections of individuals in the United States
against unlawful detention based solely on a protected characteristic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Korematsu-Takai Civil Liberties
Protection Act of 2023''.
SEC. 2. PROHIBITION AGAINST UNLAWFUL DETENTION.
Section 4001 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Prohibition on Detention Based on Protected
Characteristics.--
``(1) Definition.--In this subsection, the term `protected
characteristic' includes each of the following:
``(A) Race.
``(B) Ethnicity.
``(C) National origin.
``(D) Religion.
``(E) Sex.
``(F) Gender identity.
``(G) Sexual orientation.
``(H) Disability.
``(I) Any additional characteristic that the
Attorney General determines to be a protected
characteristic.
``(2) Prohibition.--No individual may be imprisoned or
otherwise detained based solely on an actual or perceived
protected characteristic of the individual.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to allow the Attorney General to remove a
characteristic described in subparagraphs (A) through (H) of
paragraph (1).''.
<all>
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118S1290 | Supreme Court Code of Conduct Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1290 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1290
To require the Supreme Court of the United States to issue a code of
conduct for the justices of the Supreme Court, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. King (for himself and Ms. Murkowski) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Supreme Court of the United States to issue a code of
conduct for the justices of the Supreme Court, and for other 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 ``Supreme Court Code of Conduct Act''.
SEC. 2. CODE OF CONDUCT FOR JUSTICES OF THE SUPREME COURT OF THE UNITED
STATES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Supreme Court of the United States shall, after
appropriate public notice and opportunity for comment in accordance
with section 2071 of title 28, United States Code, issue a code of
conduct for the Chief Justice of the United States and justices of the
Supreme Court of the United States.
(b) Publication.--The Supreme Court of the United States shall
publish the code of conduct required under subsection (a) on the
website of the Supreme Court, which shall be available to the public.
(c) Designated Individual.--
(1) In general.--The Supreme Court of the United States
shall designate an individual, including an employee, to
process complaints containing allegations that the Chief
Justice of the United States or a justice of the Supreme Court
has engaged in, or is engaging in, conduct that is--
(A) prejudicial to the administration of justice;
or
(B) in violation of Federal law or the code of
conduct established under subsection (a).
(2) Obligations.--The Chief Justice of the United States
and the justices of the Supreme Court of the United States may
confer with the designee described in paragraph (1) on the
obligations of the Chief Justice or justice, as applicable,
under the code of conduct required under subsection (a) and
section 455 of title 28, United States Code.
(3) Report.--The individual designated under paragraph (1)
shall publish on the website of the Supreme Court of the United
States a report that describes--
(A) the complaints described in paragraph (1), with
the names of the complainants anonymized; and
(B) any steps taken to remedy the alleged conduct.
(4) Investigations.--The Marshal of the Supreme Court of
the United States, after consultation with the Chief Justice of
the United States and the designee described in paragraph (1),
may commission, on a reimbursable basis, Federal agency
personnel who serve in investigative roles, or businesses that
contract with the Federal Government to carry out investigative
work, to assist the Marshal in carrying out investigations to
determine whether the Chief Justice of the United States, a
justice of the Supreme Court, or an employee who reports to a
justice of the Supreme Court, as applicable, has engaged in, or
is engaging in, conduct described in paragraph (1).
<all>
</pre></body></html>
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118S1291 | Protecting Kids on Social Media Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1291
To require that social media platforms verify the age of their users,
prohibit the use of algorithmic recommendation systems on individuals
under age 18, require parental or guardian consent for social media
users under age 18, and prohibit users who are under age 13 from
accessing social media platforms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Schatz (for himself, Mr. Cotton, Mr. Murphy, and Mrs. Britt)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require that social media platforms verify the age of their users,
prohibit the use of algorithmic recommendation systems on individuals
under age 18, require parental or guardian consent for social media
users under age 18, and prohibit users who are under age 13 from
accessing social media platforms.
Be it enacted by the Senate 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 Kids on Social Media
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Algorithmic recommendation system.--The term
``algorithmic recommendation system'' means a fully or
partially automated system that suggests, promotes, or ranks
information for, or presents advertising to, an individual.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Individual.--The term ``individual'' means a social
media platform user who habitually resides in the United
States.
(4) Minor.--The term ``minor'' means an individual who is
at least 13 years of age but under 18 years of age.
(5) Personal data.--The term ``personal data'' means
information that identifies or is linked or reasonably linkable
to an individual, household, or consumer device.
(6) Social media platform.--The term ``social media
platform'' means an online application or website that--
(A) offers services to users in the United States;
(B) allows users to create accounts to publish or
distribute to the public or to other users text,
images, videos, or other forms of media content; and
(C) provides the functions described in paragraph
(B) other than in support of--
(i) facilitating commercial transactions;
(ii) facilitating teleconferencing and
videoconferencing features that are limited to
certain participants in the teleconference or
videoconference and are not posted publicly or
for broad distribution to other users;
(iii) facilitating subscription-based
content or newsletters;
(iv) facilitating crowd-sourced content for
reference guides such as encyclopedias and
dictionaries;
(v) providing cloud-based electronic
storage, including cloud-based storage that
allows collaborative editing by invited users;
(vi) making video games available for play
by users;
(vii) reporting or disseminating news;
(viii) providing other kinds of information
concerning businesses, products, or travel
information, including user reviews or rankings
of such businesses, products, or other travel
information;
(ix) providing educational information or
instruction on behalf of or in support of an
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);
(x) facilitating electronic mail or direct
messaging between users (except for message
boards or applications where users can add
themselves to messaging groups consisting of
large numbers of users) consisting of text,
photos, or videos that are not posted publicly
and are visible only to the senders and
recipients; or
(xi) any other function that provides
content to end users but does not allow the
dissemination of user-generated content.
SEC. 3. REASONABLE STEPS FOR AGE VERIFICATION.
(a) In General.--A social media platform shall take reasonable
steps beyond merely requiring attestation, taking into account existing
age verification technologies, to verify the age of individuals who are
account holders on the platform.
(b) Restriction on Use and Retention of Information.--A social
media platform shall not--
(1) use any information collected as part of the platform's
age verification process for any other purpose; or
(2) retain any information collected from a user as part of
the age verification process except to the extent necessary to
prove that the platform has taken reasonable steps to verify
the age of the user.
(c) Rule of Construction.--Nothing in this section shall be
construed to require a social media platform to require users to
provide government-issued identification for age verification.
(d) Existing Accounts.--A social media platform shall not be
required to verify the age of account holders on the platform for any
account that, as of the date of enactment of this Act, has existed for
90 days or more, until 2 years after the date of enactment of this Act.
(e) Unverified Accounts.--A social media platform shall not permit
an individual to create a user account (or continue to use an existing
user account after the date that is 2 years after the date of enactment
of this Act) if the individual's age has not been verified.
(f) Safe Harbor.--A social media platform that, for age
verification purposes, relies in good faith on information provided by
the Pilot Program described in section 7 to verify the age of a user
shall be deemed to have taken reasonable steps to verify the age of
that user on the platform.
SEC. 4. NO CHILDREN UNDER 13.
A social media platform shall not permit an individual to use the
platform (other than merely viewing content, as long as such viewing
does not involve logging in or interacting with the content or other
users) unless the individual is known or reasonably believed to be age
13 or older according to the age verification process used by the
platform.
SEC. 5. PARENT OR GUARDIAN CONSENT FOR MINORS.
(a) In General.--A social media platform shall take reasonable
steps beyond merely requiring attestation, taking into account current
parent or guardian relationship verification technologies and
documentation, to require the affirmative consent of a parent or
guardian to create an account for any individual who the social media
platform knows or reasonably believes to be a minor according to the
age verification process used by the platform.
(b) Restriction on Use and Retention of Information.--A social
media platform shall not--
(1) use any information collected as part of the parent or
guardian consent process for any other purpose; or
(2) retain any information collected as part of the parent
or guardian verification process except to the extent necessary
to--
(A) provide confirmation of the affirmative consent
of a parent or guardian for a minor user to create an
account;
(B) preserve the ability of the parent or guardian
to revoke such consent; and
(C) prove that the platform has taken reasonable
steps to obtain the affirmative consent of a parent or
guardian for a minor user to create an account.
(c) Ability To Revoke Consent.--A social media platform shall take
reasonable steps to provide a parent or guardian who has consented to
their child's social media use with the ability to revoke such consent.
(d) Effect of Revocation of Consent.--A social media platform that
receives a revocation of consent under subsection (c) shall suspend,
delete, or otherwise disable the account of the minor user for whom
consent was revoked.
(e) Rule of Construction.--Nothing in this section shall be
construed to require a social media platform to require minor users or
their parents or guardians to provide government-issued identification
for relationship verification or the provision of affirmative consent
to create an account.
(f) Safe Harbor.--A social media platform that, for parent or
guardian relationship verification purposes, relies in good faith on
information provided by the Pilot Program described in section 7 shall
be deemed to have taken reasonable steps to verify the parent or
guardian relationship of the parent or guardian granting consent for a
minor user to create an account under this section.
SEC. 6. PROHIBITION ON THE USE OF ALGORITHMIC RECOMMENDATION SYSTEMS ON
TEENS UNDER 18.
(a) In General.--A social media platform shall not use the personal
data of an individual in an algorithmic recommendation system unless
the platform knows or reasonably believes that the individual is age 18
or older according to the age verification process used by the
platform.
(b) Rule of Construction.--The prohibition in subsection (a) shall
not be construed to prevent the suggestion of information or provision
of advertising to an individual based on context where the information
or advertising is related to the content being viewed by the
individual, as long as such information is suggested or advertising is
provided solely based on context and is not targeted or recommended
based on personal data of the individual.
SEC. 7. SECURE DIGITAL IDENTIFICATION CREDENTIAL PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Commerce (referred to in this section as
the ``Secretary'') shall establish a pilot program (referred to in this
Act as the ``Pilot Program'') for providing a secure digital
identification credential to individuals who are citizens and lawful
residents of the United States at no cost to the individual.
(b) Pilot Program Parameters.--The Pilot Program shall do the
following:
(1) Allow individuals to verify their age, or their parent
or guardian relationship with a minor user, by uploading copies
of government-issued and other forms of identification (such as
records issued by an educational institution), or by validating
the authenticity of identity information provided by the
individual using electronic records of State departments of
motor vehicles, the Internal Revenue Service, the Social
Security Administration, State agencies responsible for vital
records, or other governmental or professional records
providers that the Secretary determines are able to reliably
assist in the verification of identity information.
(2) Meet or exceed the highest cybersecurity standards
expected of secure consumer products such as financial or
healthcare records or that are required to obtain access to
government systems.
(3) Provide users with the ability to--
(A) obtain a secure digital identification
credential that they may use to verify their age or
parent or guardian relationship with enrolled social
media platforms; and
(B) control what data they choose to allow the
pilot program to share with a social media platform,
without sharing copies of the underlying verification
documents or any information that the user does not
affirmatively agree to share with those social media
platforms.
(4) Not retain copies of underlying governmental records
after verifying the information provided by the user.
(5) Provide users with the ability to disable or delete
their secure digital identification credential and any
associated records kept by the Pilot Program at any time.
(6) Keep no records of the social media platforms where
users have verified their identity using a secure digital
identification credential, other than aggregate data that is
anonymized so that it cannot be linked to individual users.
(c) Access.--Information regarding individual users of the Pilot
Program shall be confidential, and no officer or employee of the United
States, or any other person who has or had access to such information
due to their involvement with the Pilot Program, shall disclose any
such information to any entity, including law enforcement agencies,
except--
(1) with the consent of the user;
(2) in connection with oversight by an Inspector General
related to the proper implementation of this Act;
(3) in connection with an investigation into a user for
committing fraud against the Pilot Program; or
(4) pursuant to a court order.
(d) Voluntary Program.--The Pilot Program described in subsection
(a) shall be voluntary, and nothing in this Act shall be construed to
require any individual or social media platform to use the Pilot
Program.
(e) Social Media Platform Enrollment.--
(1) The Secretary may establish regulations for social
media platform enrollment in the Pilot Program to ensure that
enrolled social media platforms employ appropriate privacy and
technical protections sufficient to prevent the abuse or
improper release of Pilot Program information relating to
individual users.
(2) The Secretary may revoke the enrollment of any social
media platform to protect the integrity and security of the
Pilot Program information.
(f) Authority To Enter Agreements.--The Secretary shall have the
authority to enter into memoranda of agreement with Federal, State,
tribal, or nongovernmental entities, including entering into contracts
with private identity verification technology providers, to facilitate
the establishment and operation of the Pilot Program.
(g) Design Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Commerce of the Senate, the Committee on Appropriations of
the Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives, a report outlining the proposed design of the Pilot
Program, including estimated costs and the identification of any legal
or other barriers identified as impeding the creation and functioning
of the Pilot Program.
(h) Allowable Use.--The Pilot Program shall be used only to
establish online age verification and parental consent for purposes of
social media platform participation, and may not be used to establish
eligibility for any government benefit or legal status.
(i) Sunset.--The Pilot Program shall end on the later of--
(1) September 30 of the eighth year that begins after the
date of enactment of this Act; and
(2) September 30 of the fifth year that begins after the
date on which the Pilot Program begins providing secure digital
identification credentials to individuals.
(j) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out the provisions of
this section.
SEC. 8. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act by a social media platform shall be treated as a
violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of 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.--Except as provided
in subparagraph (C), 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 common carriers.--
Notwithstanding section 4 or 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any
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) common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et
seq.).
(b) Enforcement by States.--
(1) Authorization.--Subject to paragraph (3), in any case
in which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by the engagement of a social
media platform in a practice that violates this Act, the
attorney general of the State may, as parens patriae, bring a
civil action against the online service provider or person on
behalf of the residents of the State in an appropriate district
court of the United States to obtain appropriate relief,
including civil penalties in the amount determined under
paragraph (2).
(2) Civil penalties.--A social media platform that is
found, in an action brought under paragraph (1), to have
knowingly or repeatedly violated sections this Act shall, in
addition to any other penalty otherwise applicable to a
violation of this Act, be liable for a civil penalty equal to
the amount calculated by multiplying--
(A) the greater of--
(i) the number of days during which the
social media platform was not in compliance
with that section; or
(ii) the number of end users who were
harmed as a result of the violation; by
(B) an amount not to exceed the maximum civil
penalty for which a person, partnership, or corporation
may be liable under section 5(m)(1)(A) of the Federal
Trade Commission Act (15 U.S.C. 45(m)(1)(A)) (including
any adjustments for inflation).
(3) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action.
(ii) Contents.--The notification required
under clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required 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 federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--If the
Commission institutes a civil action or an administrative
action with respect to a violation of this Act, the attorney
general of a State may not, during the pendency of the action,
bring a civil action under paragraph (1) against any defendant
named in the complaint of the Commission based on the same set
of facts giving rise to the alleged violation with respect to
which the Commission instituted the action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other consumer protection 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) 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) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over any violation of this Act if such violation involves
an individual in the United States or if any act in furtherance of the
violation was committed in the United States.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of enactment of
this Act.
<all>
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118S1292 | Flight Education Access Act | [
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"sponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1292 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1292
To amend the Higher Education Act of 1965 to increase the Federal
student loan limits for students in flight education and training
programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Baldwin (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to increase the Federal
student loan limits for students in flight education and training
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight Education Access Act''.
SEC. 2. INCREASE IN FEDERAL STUDENT LOAN LIMITS FOR STUDENTS IN FLIGHT
EDUCATION AND TRAINING PROGRAMS.
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)
is amended--
(1) in subsection (p)--
(A) by striking ``Each institution'' and inserting
the following:
``(1) In general.--Each institution'';
(B) in paragraph (1) (as designated by subparagraph
(A)), by inserting before the period at the end the
following: ``and, shall, with respect to Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford
Loans made after the date of enactment of the Flight
Education Access Act to an eligible student (as defined
in subsection (r)), comply with the requirements of
paragraph (2)''; and
(C) by adding at the end the following:
``(2) Additional disclosures.--At or prior to the
disbursement of a Federal Direct Stafford Loan or Federal
Direct Unsubsidized Stafford Loan after the date of enactment
of the Flight Education Access Act to an eligible student (as
defined in subsection (r)), the following shall be disclosed:
``(A) The principal amount of the loan, the stated
interest rate on the loan, the number of required
monthly payments to be made on the loan (which shall be
based on a standard repayment plan), and the estimated
number of months before the start of the repayment
period for the loan (based on the expected date on
which the repayment period is to begin or the deferment
period is to end, as applicable).
``(B) The estimated balance to be owed by the
borrower on such loan (including, if applicable, the
estimated amount of interest to be capitalized) as of
the scheduled date on which the repayment period is to
begin or the deferment period is to end, as applicable,
and an estimate of the projected monthly payment.
``(C) An estimate of the aggregate amount the
borrower will pay for the loan, including the total
amount of monthly payments made over the life of the
loan plus the amount of any charges for the loan, such
as an origination fee.''; and
(2) by adding at the end the following:
``(r) Increase in Loan Limits for Students in Flight Education and
Training Programs.--
``(1) In general.--Notwithstanding any other provision of
this Act, the loan limits for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made after the date
of enactment of the Flight Education Access Act with respect to
eligible students shall be subject to this subsection.
``(2) Definitions.--In this section:
``(A) Eligible student.--The term `eligible
student' means a student who is enrolled in an eligible
undergraduate flight education and training program.
``(B) Eligible undergraduate flight education and
training program.--The term `eligible undergraduate
flight education and training program' means an
undergraduate flight education and training program
that offers training for applicants seeking a
commercial pilot certificate and--
``(i) during the period beginning on the
date of enactment of the Flight Education
Access Act and ending on the date on which 3
years of data has been collected pursuant to
paragraph (3)(D), that meets all the applicable
requirements of this Act; and
``(ii) beginning on the date on which 3
years of data has been collected pursuant to
paragraph (3)(D), that meets all the applicable
requirements of this Act and has a completion
rate averaged over a 3-year period, as
calculated under paragraph (3)(D) that is equal
to or greater than 70 percent.
``(C) Undergraduate flight education and training
program.--The term `undergraduate flight education and
training program'--
``(i) has the meaning given the term by the
Secretary, in consultation with the
Administrator of the Federal Aviation
Administration;
``(ii) shall include a flight education and
training program offered by an eligible
institution that is accredited by an
accrediting agency recognized by the Secretary,
that--
``(I) awards undergraduate
certificates or associate or bachelor
degrees; and
``(II) provides pilot training in
accordance with part 141 of title 14,
Code of Federal Regulations, or any
successor regulation; and
``(iii) shall not include a flight
education and training program certified under
part 61 of title 14, Code of Federal
Regulations, or any successor regulation.
``(3) Loan limits for eligible undergraduate flight
education and training programs.--
``(A) Limits for eligible students who are
dependent students.--
``(i) Annual limits.--The maximum annual
amount of Federal Direct Unsubsidized Stafford
Loans an eligible student who is a dependent
student may borrow in any academic year (as
defined in section 481(a)(2)) or its equivalent
shall be--
``(I) in the case of an eligible
student at an eligible institution who
has not successfully completed the
first year of an eligible undergraduate
flight education and training program--
``(aa) $20,500, if such
student is enrolled in such a
program whose length is at
least one academic year in
length; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(II) in the case of an eligible
student at an eligible institution who
has successfully completed the first
year of an eligible undergraduate
flight education and training program
but has not yet successfully completed
the remainder of such program--
``(aa) $31,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(III) in the case of a student at
an eligible institution who has
successfully completed the first year
and second years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $32,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year; and
``(IV) in the case of a student at
an eligible institution who has
successfully completed the first,
second, and third years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $22,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year.
``(ii) Aggregate limits.--The maximum
aggregate amount of Federal Direct Unsubsidized
Stafford Loans an eligible student who is a
dependent student may borrow shall be $111,000.
``(B) Limits for eligible students who are
independent students.--
``(i) Annual limits.--The maximum annual
amount of Federal Direct Unsubsidized Stafford
Loans an eligible student who is an independent
student may borrow in any academic year (as
defined in section 481(a)(2)) or its equivalent
shall be--
``(I) in the case of an eligible
student at an eligible institution who
has not successfully completed the
first year of an eligible undergraduate
flight education and training program--
``(aa) $24,500, if such
student is enrolled in such a
program whose length is at
least one academic year in
length; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(II) in the case of an eligible
student at an eligible institution who
has successfully completed the first
year of an eligible undergraduate
flight education and training program
but has not yet successfully completed
the remainder of such program--
``(aa) $35,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(III) in the case of a student at
an eligible institution who has
successfully completed the first year
and second years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $37,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year; and
``(IV) in the case of a student at
an eligible institution who has
successfully completed the first,
second, and third years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $27,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year.
``(ii) Aggregate limits.--The maximum
aggregate amount of Federal Direct Unsubsidized
Stafford Loans an eligible student who is an
independent student may borrow shall be
$137,500.
``(C) Limits for eligible students receiving
federal direct stafford loans.--
``(i) Annual limits.--The maximum annual
amount of Federal Direct Stafford Loans an
eligible student may borrow in any academic
year (as defined in section 481(a)(2)) or its
equivalent shall, subject to subsection (q)(1),
be--
``(I) in the case of an eligible
student at an eligible institution who
has not successfully completed the
first year of an eligible undergraduate
flight education and training program--
``(aa) $11,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(II) in the case of an eligible
student at an eligible institution who
has successfully completed the first
year of an eligible undergraduate
flight education and training program
but has not yet successfully completed
the remainder of such program--
``(aa) $18,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(III) in the case of a student at
an eligible institution who has
successfully completed the first year
and second years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $19,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year; and
``(IV) in the case of a student at
an eligible institution who has
successfully completed the first,
second, and third years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $13,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year.
``(ii) Aggregate limits.--The maximum
aggregate amount of Federal Direct Stafford
Loans an eligible student may borrow shall be
$65,000.
``(D) Data collection on, and calculation of,
completion rates.--
``(i) In general.--The Secretary shall
annually calculate the completion rate of each
undergraduate flight education and training
program at each eligible institution based on
the information collected under clause (ii).
``(ii) Collection of information.--The
Secretary shall annually collect information,
for each academic year, on--
``(I) the total number of students
enrolled in an undergraduate flight
education and training program at an
eligible institution; and
``(II) those students who complete
such program--
``(aa) who earn a private
pilot's certificate for an
airplane category rating with a
single-engine class rating
while enrolled in such program;
or
``(bb) who at the time of
enrollment, possess such a
certificate.
``(iii) Calculation of completion rate.--To
calculate the completion rate described in
clause (i), the Secretary shall--
``(I) consider as having completed,
those students who earn a private
pilot's certificate for an airplane
category rating with a single-engine
class rating, or who at the time of
enrollment possess such a certificate,
and complete the undergraduate flight
education and training program at an
eligible institution--
``(aa) that predominantly
awards associate degrees,
within 200 percent of the
normal time for completion;
``(bb) that predominantly
awards bachelor degrees, within
150 percent of the normal time
for completion; and
``(cc) that predominantly
awards undergraduate
certificates, within 200
percent of the normal time for
completion;
``(II) consider as not having
completed, those students who earn a
private pilot's certificate for an
airplane category rating with a single-
engine class rating, or who at the time
of enrollment possess such a
certificate, and who transfer out of
the undergraduate flight education and
training program to another program at
the eligible institution that is not an
undergraduate flight education and
training program or to a program that
is not an undergraduate flight
education and training program at
another eligible institution; and
``(III) not include in the
calculation, any student who--
``(aa) is a foreign
national;
``(bb) earns a private
pilot's certificate for an
airplane category rating with a
single-engine class rating and
transfers out of the
undergraduate flight education
and training program to another
undergraduate flight education
and training program at a
different eligible institution;
or
``(cc) is enrolled in an
undergraduate flight education
and training program and never
earns a private pilot's
certificate for an airplane
category rating with a single-
engine class rating.
``(E) Reporting requirements.--
``(i) In general.--The Secretary shall
require each undergraduate flight education and
training program that enrolls students who
receive assistance under this part to provide
the data described in this subparagraph that is
necessary for the completion of the reporting
requirements described in this subparagraph.
``(ii) Form of data collection.--The
Secretary shall prescribe the form and format
of the data required to be provided under this
subparagraph and include, at a minimum, the
following data elements:
``(I) Student data elements
necessary to calculate student
enrollment, persistence, retention,
transfer, and completion rates.
``(II) Information disaggregated by
gender, race, ethnicity, and
socioeconomic status.
``(iii) Report to congress.--Not later than
9 months after the date of enactment of the
Flight Education Access Act and biennially
thereafter, the Secretary shall submit a report
to the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on
Commerce, Science, and Transportation of the
Senate, the Committee on Education and the
Workforce of the House of Representatives, and
the Committee on Transportation and
Infrastructure of the House of Representatives,
analyzing and assessing the data collected
pursuant to this subparagraph and conforming to
the requirements of this subparagraph that
shall include the following:
``(I) An assessment of the
effectiveness of the requirements under
this subsection.
``(II) Information on enrollment,
persistence, retention, transfer,
completion, utilization of Federal
financial aid, and unmet financial
need, including information on
applicable institutions.
``(III) Information on the gender,
race, ethnicity, and socioeconomic
status of students enrolled in an
undergraduate flight education and
training program.''.
SEC. 3. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) examine and review the implementation of this Act and
the amendments made by this Act, which review shall include--
(A) the number of participating institutions
offering undergraduate flight education and training
programs (as defined in section 455(r) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(r)), as amended
by this Act);
(B) the number of students enrolled in such
undergraduate flight education and training programs,
and demographic data regarding such students;
(C) the level of such students' participation in
the loan program under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.),
including demographic data as appropriate; and
(D) feedback from participating institutions
regarding the implementation of this Act and the
amendments made by this Act;
(2) develop recommendations to the Department of Education
on any changes that should be made to improve the
implementation of this Act and the amendments made by this Act;
and
(3) prepare and submit a report on the findings and
recommendations under paragraphs (1) and (2) to--
(A) the Committee on Health, Education, Labor, and
Pensions and the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Education and the Workforce
and the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 4. FLIGHT EDUCATION PUBLIC-PRIVATE PARTNERSHIP GRANT.
(a) Definitions.--In this section:
(1) Educational partner.--The term ``educational partner''
means--
(A) a local educational agency (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(B) a State educational agency (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(C) an institution of higher education (as defined
in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)) with an eligible undergraduate flight
education and training program or looking to establish
such a program;
(D) the Bureau of Indian Education;
(E) an Alaska Native Corporation;
(F) a nonprofit organization; or
(G) a consortium of at least 2 of the entities
described in subparagraphs (A) through (F).
(2) Eligible partnership.--The term ``eligible
partnership'' means a collaboration between at least 1
workforce partner and at least 1 educational partner.
(3) Eligible undergraduate flight education and training
program.--The term ``eligible undergraduate flight education
and training program'' has the meaning given the term in
section 455(r) Higher Education Act of 1965 (20 U.S.C.
1087e(r)).
(4) High-need local educational agency.--The term ``high-
need local educational agency'' has the meaning given the term
in section 200 of the Higher Education Act of 1965 (20 U.S.C.
1021).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Education.
(7) Workforce partner.--The term ``workforce partner''
means--
(A) a labor organization representing aircraft
pilots;
(B) an entity that trains pilots;
(C) an entity that employs pilots;
(D) a trade association, nonprofit organization, or
other entity representing the interests of an entity
described in subparagraph (A), (B), or (C); or
(E) a consortium of at least 2 of the entities
described in subparagraphs (A) through (D).
(b) Grant Program Authorized.--The Secretary, in consultation with
Secretary of Transportation, shall award grants to eligible
partnerships to--
(1) support the education of future airline and commercial
pilots;
(2) diversify the pilot training workforce by increasing
the number and percentage of pilots from underrepresented or
non-traditional populations, low-income populations, and rural
populations; and
(3) generate interest and support for a career as an
airline and commercial pilot.
(c) Applications.--An eligible partnership that desires to receive
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require.
(d) Priorities.--
(1) In general.--In awarding grants under this section, the
Secretary shall ensure that not less than 25 percent of the
funds made available to carry out this section for any fiscal
year are awarded to eligible partnerships that consist of--
(A) a minority-serving institution with an eligible
undergraduate flight education and training program or
looking to establish such a program;
(B) a high-need local educational agency; or
(C) a consortium of entities described in
subparagraphs (A) and (B).
(2) Exception.--Notwithstanding paragraph (1), the
Secretary shall reduce the amount of funds made available under
such paragraph if the Secretary does not receive a sufficient
number of applications of sufficient quality.
(e) Uses of Funds.--An eligible partnership that receives a grant
under this section shall use the grant funds for 1 or more of the
following activities:
(1) A scholarship program for current or prospective flight
education students at an eligible undergraduate flight
education and training program.
(2) Operating an outreach or development program in a local
educational agency, particularly a high-need local educational
agency, for elementary school, middle school, and high school
students to--
(A) introduce such students to the pilot profession
and aviation experiences; and
(B) recruit students from low-income, rural,
underrepresented, or non-traditional populations to the
aviation profession.
(3) Provide startup grants to institutions of higher
education, particularly minority-serving institutions, to start
or expand aviation programs that serve underrepresented
communities.
(f) Matching Funds.--
(1) Match.--In order to receive a grant under this section,
an eligible partnership shall demonstrate that the workforce
partner in the partnership will provide matching funds, in cash
or through an in-kind contribution, from Federal, State, local,
or private sources, in an amount equal to 25 percent of the
funds provided under such grant.
(2) Exception.--The Secretary may waive the matching funds
requirement under paragraph (1), on a case-by-case basis, upon
a showing of exceptional circumstances or financial
difficulties in the eligible partnership.
(g) Technical Assistance.--The Secretary, in consultation with the
Secretary of Transportation, shall reserve not more than 5 percent of
the funds made available to carry out this section to provide technical
assistance to--
(1) applicants seeing to become an eligible partnership;
and
(2) eligible partnerships that have been awarded grants
under this section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of the
fiscal years 2023 through 2027.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to repeal, amend, supersede, or affect any pilot training or
qualification provision under existing law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Education, in addition to any amounts otherwise available, to carry out
the amendments made by this Act $3,000,000 for each of fiscal years
2023 through 2033. Such funds shall be available until expended.
<all>
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118S1293 | Fair Housing for Survivors Act of 2023 | [
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1293 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1293
To provide protection for survivors of domestic violence, sexual
violence, and sex trafficking under the Fair Housing Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mrs. Shaheen introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide protection for survivors of domestic violence, sexual
violence, and sex trafficking under the Fair Housing 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 ``Fair Housing for Survivors Act of
2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cities, towns, and rural communities in the United
States continue to face enormous challenges regarding domestic
violence, sexual assault, sex trafficking, dating violence,
stalking, and other forms of intimate partner and gender-based
violence.
(2) One in three women and one in ten men in the United
States have experienced rape, physical violence, or stalking by
an intimate partner in their lifetime.
(3) Intimate partner violence alone affects more than
12,000,000 people in the United States every year.
(4) Approximately 7,000,000 women are raped or physically
assaulted by a current or former intimate partner each year.
(5) Among women experiencing sex trafficking, many of their
traffickers are also their intimate partners.
(6) Each day, an average of three women are killed by a
current or former partner.
(7) Researchers estimate that domestic violence costs
employers up to $13,000,000,000 each year.
(8) A fundamental component of ending domestic and sexual
violence is securing safe and affordable housing for survivors.
(9) Research indicates that:
(A) As many as fifty-seven percent of homeless
women report that domestic violence was the immediate
cause of their homelessness.
(B) Ninety-two percent of homeless women report
having experienced severe physical or sexual violence
at some point in their lives, including sexual
exploitation and trafficking.
(C) Eighty-four percent of survivors in domestic
violence shelters reported that they needed help
finding affordable housing. The National Network to End
Domestic Violence's DV Counts Report finds that the
majority of survivors' unmet needs are related to
housing and shelter. In another nationwide study, more
than half of the victims who identified a need for
housing services did not receive them.
(D) Survivors who become homeless as a result of
sexual assault are vulnerable to further sexual
victimization and exploitation including sex
trafficking.
(E) Women of color in the lowest income category
experience six times the rate of nonfatal intimate
partner violence compared to white women in the highest
income category.
(F) Poor women of color, domestic violence
survivors, and women with children are among those at
the highest risk of eviction.
(G) Housing insecurity can exacerbate survivors'
vulnerability. Women and men who experienced food or
housing insecurity in a 12-month period had a
significantly higher prevalence of rape, physical
violence, or stalking by an intimate partner in that
same time period, as compared to those who did not
experience food or housing insecurity.
(H) Vulnerable women are also at risk of sex
trafficking and exploitation by landlords who pressure
them for sex in exchange for rent or a delay in rent
payments.
(I) Approximately thirty-eight percent of all
survivors of domestic violence become homeless at some
point in their life.
(10) Surveys show that a majority of survivors who
experience a sexual assault in their home do not relocate to a
safe environment because they do not have sufficient funds and
are not aware of better options.
(11) Domestic and sexual violence survivors often find
themselves trapped in homes where they are further victimized
by caregivers, parents, siblings, landlords, intimate partners,
neighbors, or others in or near their home. Economic insecurity
and the trauma that often follows sexual violence make it
difficult, if not impossible, for many survivors to access
safe, affordable housing options for themselves and their
families.
(12) Domestic and sexual violence survivors continue to
face discrimination in securing and maintaining housing based
on their status as survivors and as a result of crimes
committed against them.
(13) Research by the Attorney General of the State of New
York found that sixty-seven percent of domestic violence
survivors reported that discrimination by landlords is a
significant obstacle in obtaining housing.
(14) Research also shows that survivors of domestic
violence or sexual assault are commonly denied housing
opportunities if a previous residence of the survivor was a
domestic violence shelter, if the survivor has secured a
protective order, or if there is other evidence that the
survivor has experienced a previous domestic violence incident.
(15) Studies show that survivors of domestic violence or
sexual assault often face eviction based on a single domestic
violence incident.
(16) Survivors of sex trafficking face additional
challenges in obtaining and maintaining housing due to criminal
records incurred as a direct result of their exploitation.
(17) It is in the public interest to ensure that survivors
of domestic violence, sexual assault, sex trafficking, dating
violence, stalking, and other forms of intimate partner and
gender-based violence are not discriminated against,
particularly with respect to housing, based on their status as
victims of the crimes committed against them.
SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED
CLASS UNDER THE FAIR HOUSING ACT.
(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) `Domestic violence'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a));
and
``(2) includes--
``(A) dating violence and stalking, as such terms
are defined in such section 40002(a); and
``(B) threatened domestic violence.
``(q) `Sexual assault'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a));
and
``(2) includes threatened sexual assault.
``(r) `Severe forms of trafficking in persons' has the meaning
given the term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).
``(s) `Coercion' has the meaning given the term in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(t) `Survivor of domestic violence, sexual assault, or severe
forms of trafficking in persons' includes any person who experienced or
is perceived to have experienced domestic violence, sexual assault, or
severe forms of trafficking in persons.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) in subsection (a), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(B) in subsection (b), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(C) in subsection (c), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(D) in subsection (d), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(E) in subsection (e), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by striking ``or national
origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(B) in subsection (c), by striking ``or familial
status'' and inserting ``familial status, or whether a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(4) in section 806 (42 U.S.C. 3606), by striking ``or
national origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual assault, or
severe forms of trafficking in persons'';
(5) in section 807 (42 U.S.C. 3607), by adding at the end
the following:
``(c) Nothing in this title shall prohibit a Federal, State, unit
of local government, or other assistance or preference program from
being designed to assist or benefit survivors of domestic violence,
sexual assault, or severe forms of trafficking in persons in seeking,
securing, or maintaining dwellings, shelters, or any other form of
housing for such survivors, including associated notices, statements,
or advertisements of such dwelling.''; and
(6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``status as a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons,'' after
``handicap,''.
(b) Prevention of Intimidation in Fair Housing Cases.--The Civil
Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended--
(1) in section 901 (42 U.S.C. 3631)--
(A) in the matter preceding subsection (a), by
inserting ``or coercion'' after ``threat of force'';
(B) in subsection (a), by striking ``or national
origin'' and inserting ``national origin, or because
the person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
(C) in subsection (b)(1), by striking ``or national
origin'' and inserting ``national origin, or because a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(D) in subsection (c), by striking ``or national
origin'' and inserting ``national origin, or because a
person is a survivor of domestic violence, sexual
assault, or severe forms of trafficking in persons'';
and
(2) by inserting after section 901 the following:
``SEC. 902. DEFINITIONS.
``In this title, the terms `domestic violence', `sexual assault',
`severe forms of trafficking in persons', `coercion', and `survivor of
domestic violence, sexual assault, or severe forms of trafficking in
persons' shall have the meaning given such terms in section 802.''.
(c) Preservation of Survivors' Ability To Recover for Other Forms
of Discrimination.--Nothing in this Act, or an amendment made by this
Act, shall be interpreted to limit the ability of survivors of domestic
violence, sexual assault, or severe forms of trafficking in persons to
recover for any other claims of discrimination under the Fair Housing
Act (42 U.S.C. 3601 et seq.), including with respect to failure to
conform to gender stereotypes or policies that disproportionately
affect women.
<all>
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118S1294 | Competitive Bidding Relief Act of 2023 | [
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1294 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1294
To provide for payment rates for durable medical equipment under the
Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Thune (for himself and Ms. Stabenow) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for payment rates for durable medical equipment under the
Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Bidding Relief Act of
2023''.
SEC. 2. PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE
PROGRAM.
(a) Areas Other Than Rural and Noncontiguous Areas.--The Secretary
shall implement section 414.210(g)(9)(v) of title 42, Code of Federal
Regulations (or any successor regulation), to apply the transition rule
described in the first sentence of such section to all applicable items
and services furnished in areas other than rural or noncontiguous areas
(as such terms are defined for purposes of such section) through
December 31, 2024.
(b) All Areas.--The Secretary shall not implement section
414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any
successor regulation) until January 1, 2025.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the provisions of this section by program
instruction or otherwise.
<all>
</pre></body></html>
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118S1295 | Federal Employee Student Debt Transparency Act | [
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
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[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1295 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1295
To amend chapter 131 of title 5, United States Code, to require Senior
Executive Service and schedule C employees to disclose Federal student
loan debt, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Budd (for himself, Mr. Marshall, 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 amend chapter 131 of title 5, United States Code, to require Senior
Executive Service and schedule C employees to disclose Federal student
loan debt, and for other 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 Employee Student Debt
Transparency Act''.
SEC. 2. DISCLOSURE OF FEDERAL STUDENT LOAN DEBT BY SES AND SCHEDULE C
EMPLOYEES.
Section 13104 of title 5, United States Code, is amended by adding
at the end the following:
``(j) Disclosure of Federal Student Loan Debt by SES and Schedule C
Employees.--
``(1) Definition.--In this subsection, the term `covered
employee' means an employee of the executive branch who
occupies--
``(A) a Senior Executive Service position (as
defined in section 3132(a)); or
``(B) a position of a confidential or policy-
determining nature under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations, or
any successor regulation.
``(2) Reports by covered employees.--Not later than 60 days
after the date of enactment of the Federal Employee Student
Debt Transparency Act, and not later than February 28 of each
year thereafter, each covered employee shall file a report
containing a full and complete statement of the outstanding
balance of principal and interest owed by the covered employee
on--
``(A) each loan made under part D of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.); and
``(B) any loan made, insured, or guaranteed under
part B or E of such title (20 U.S.C. 1071 et seq.,
1087aa et seq.).
``(3) New covered employees.--Not later than 60 days after
the date on which an individual assumes the position of a
covered employee, the individual shall file a report containing
the information required under paragraph (2).
``(4) Reports to congress.--Not later than May 1 of each
year, the Director of the Office of Government Ethics shall
transmit to Congress a report containing--
``(A) the total amount owed by all covered
employees as reported pursuant to paragraphs (2) and
(3); and
``(B) the name of any covered employee who failed
to file or report any information required to be
reported pursuant to paragraph (2) or (3).''.
<all>
</pre></body></html>
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118S1296 | John Lewis Equality in Medicare and Medicaid Treatment Act of 2023 | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
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[
"P000145",
"Sen. Padilla, Alex [D-CA]",
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[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1296 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1296
To amend title XI of the Social Security Act to improve access to care
for all Medicare and Medicaid beneficiaries through models tested under
the Center for Medicare and Medicaid Innovation, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Booker (for himself, Mr. Padilla, and Mr. Brown) 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 improve access to care
for all Medicare and Medicaid beneficiaries through models tested under
the Center for Medicare and Medicaid Innovation, and for other
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 ``John Lewis Equality in Medicare and
Medicaid Treatment Act of 2023''.
SEC. 2. IMPROVING ACCESS TO CARE FOR MEDICARE AND MEDICAID
BENEFICIARIES.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (a)--
(A) in the last sentence of paragraph (1), by
inserting ``advance health equity and'' before
``improve the coordination''; and
(B) in the first sentence of paragraph (3)--
(i) by inserting ``(including the Office of
Minority Health of the Centers for Medicare &
Medicaid Services, the Office of Rural Health
Policy of the Health Resources and Services
Administration, and the Office on Women's
Health of the Department of Health and Human
Services)'' after ``relevant Federal
agencies''; and
(ii) by striking ``experts with expertise
in medicine'' and inserting ``experts with
expertise in medicine, the causes of health
disparities and the social determinants of
health, and'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting the following
after the first sentence: ``Prior to
selecting a model under this paragraph,
the Secretary shall consult with the
Office of Minority Health of the
Centers for Medicare & Medicaid
Services, the Office of Rural Health
Policy of the Health Resources and
Services Administration, and the Office
on Women's Health of the Department of
Health and Human Services to ensure
that models under consideration address
health disparities and social
determinants of health as appropriate
for populations to be cared for under
the model.'';
(II) by inserting ``and, for models
for which testing begins on or after
January 1, 2024, address health equity
as well as improving access to care
received by individuals receiving
benefits under such title'' after
``applicable title''; and
(III) by adding at the end the
following: ``The models selected under
this subparagraph shall include the
social determinants of health payment
model described in subsection (h), the
testing of which shall begin not later
than December 31, 2024.''; and
(ii) in subparagraph (C), by adding at the
end the following new clauses:
``(ix) Whether the model will affect access
to care from providers and suppliers caring for
high risk patients or operating in underserved
areas.
``(x) Whether the model has the potential
to reduce health disparities, including
minority and rural health disparities.'';
(B) in paragraph (3)(B)--
(i) in clause (i), by inserting ``or health
equity'' after ``quality of care'';
(ii) in clause (ii), by inserting ``or
increasing health inequities'' after ``quality
of care''; and
(iii) in clause (iii), by inserting ``or
health equity'' after ``quality of care''; and
(C) in paragraph (4)(A)--
(i) in clause (i), by striking ``; and''
and inserting a semicolon;
(ii) in clause (ii), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for models for which testing begins
on or after January 1, 2024, the extent to
which the model improves health equity.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or,
beginning on or after January 1, 2024,
increasing health inequities'' before the
semicolon; and
(ii) in subparagraph (B), by inserting
``or, beginning on or after January 1, 2024,
health equity'' after ``patient care''; and
(B) in paragraph (3), by inserting ``or increase
health disparities experienced by beneficiaries,
including low-income, minority, or rural beneficiaries,
or that such expansion would improve health equity''
before the period;
(4) in subsection (g), by adding at the end the following:
``For reports submitted after the date of enactment of the John
Lewis Equality in Medicare and Medicaid Treatment Act of 2023,
each such report shall include information on the following:
``(1) The interventions that address social determinants of
health, health disparities, or health equity in payment models
selected by the CMI for testing under this section.
``(2) Estimated Federal savings achieved through reducing
disparities, including rural and minority health disparities,
improving health equity, or addressing social determinants of
health.
``(3) The effectiveness of interventions in mitigating
negative health outcomes and higher costs associated with
social determinants of health within models selected by the
Center for Medicare and Medicaid Innovation for testing.
``(4) Other areas determined appropriate by the
Secretary.''; and
(5) by adding at the end the following new subsection:
``(h) Social Determinants of Health Payment Model.--
``(1) In general.--The social determinants of health
payment model described in this subsection is a payment model
that tests each of the payment and service delivery innovations
described in paragraph (2) in a region determined appropriate
by the Secretary.
``(2) Payment and service delivery innovations described.--
For purposes of paragraph (1), the payment and service delivery
innovations described in this clause are the following:
``(A) Payment and service delivery innovations for
behavioral health services, focusing on gathering
actionable data to address the higher costs associated
with beneficiaries with diagnosed behavioral
conditions.
``(B) Payment and service delivery innovations
targeting conditions or comorbidities of individuals
entitled or enrolled under the Medicare program under
title XVIII and enrolled under a State plan under the
Medicaid program under title XIX to increase capacity
in underserved areas.
``(C) Payment and service delivery innovations
targeting conditions or comorbidities of applicable
individuals to increase capacity in underserved areas.
``(D) Payment and service delivery innovations
targeted on Medicaid eligible pregnant and postpartum
women, up to one year after delivery.''.
<all>
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118S1297 | Let Doctors Provide Reproductive Health Care Act | [
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"sponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
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[
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"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
"M001176",
"Sen.... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1297 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1297
To ensure the right to provide reproductive health care services, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mrs. Murray (for herself, Mr. Padilla, Ms. Rosen, Mr. Lujan, Mr.
Merkley, Ms. Duckworth, Mr. Blumenthal, Mr. Reed, Mr. Bennet, Ms.
Hirono, Mr. Wyden, Mr. Cardin, Ms. Smith, Ms. Klobuchar, Ms. Stabenow,
Ms. Cortez Masto, Mr. Whitehouse, Mr. Murphy, Ms. Baldwin, Mr. Durbin,
Mr. Heinrich, Mr. Menendez, Mr. Sanders, Ms. Warren, Mr. Van Hollen,
Ms. Cantwell, and Mr. Welch) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To ensure the right to provide reproductive health care 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 ``Let Doctors Provide Reproductive
Health Care Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Health care provider.--The term ``health care
provider'' means any entity, employee of such entity, or
individual (including any physician, certified nurse-midwife,
nurse practitioner, physician assistant, and pharmacist) that--
(A) is engaged or seeks to engage in the delivery
of reproductive health care services; and
(B) if required by State law to be licensed,
certified, or otherwise authorized to engage in the
delivery of such services--
(i) is so licensed, certified, or otherwise
authorized; or
(ii) would be so licensed, certified, or
otherwise authorized, but for their past,
present, or potential provision of abortion
services.
(2) Reproductive health care services.--The term
``reproductive health care services'' means abortion services,
contraception services, in vitro fertilization, or other
reproductive care, education, and counseling that--
(A) is provided in a hospital, clinic, physician's
office, pharmacy, or other service site, or provided
via telehealth, intended to provide medical,
procedural, counseling, or referral services;
(B) is provided in a medically accurate manner; and
(C) in any way affects commerce over which the
United States has jurisdiction.
(3) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, each territory and
possession of the United States, and any subdivision of a
State, including any unit of local government, such as a
county, city, town, village, or other general purpose political
subdivision of a State.
SEC. 3. RIGHT TO PROVIDE REPRODUCTIVE HEALTH CARE SERVICES.
(a) Prohibition.--No individual, entity, or State may prevent,
restrict, impede, or disadvantage--
(1) a health care provider from providing or assisting with
reproductive health care services lawful in the State in which
the services are to be provided;
(2) any individual or entity from assisting a health care
provider in providing or assisting with reproductive health
care services lawful in the State in which services are to be
provided; or
(3) a health care provider or any individual or entity from
providing or assisting a health care provider with reproductive
health care services for an individual who does not reside in
the State in which the services are to be provided.
(b) Enforcement.--
(1) Attorney general.--The Attorney General may commence a
civil action on behalf of the United States against any State,
or against any government official, individual, or entity that
enacts, implements, or enforces a limitation or requirement
that violates subsection (a). The court shall hold unlawful and
set aside the limitation or requirement if it is in violation
of subsection (a).
(2) Private right of action.--Any individual or entity
adversely affected by an alleged violation of subsection (a)
may commence a civil action against any State that violates
this section or against any government official that enacts,
implements, or enforces a limitation or requirement that
violates subsection (a). The court shall hold unlawful and
enjoin the limitation or requirement if it is in violation of
subsection (a).
(3) Health care provider.--A health care provider may
commence an action for relief on its own behalf, on behalf of
the provider's staff, and on behalf of the provider's patients
who are or may be adversely affected by an alleged violation of
subsection (a).
(4) Equitable relief.--In any action under this section,
the court may award appropriate equitable relief, including
temporary, preliminary, or permanent injunctive relief.
(5) Costs.--In any action under this section, the court
shall award costs of litigation, as well as reasonable
attorney's fees, to any prevailing plaintiff. A plaintiff shall
not be liable to a defendant for costs or attorney's fees in
any nonfrivolous action under this section.
(6) Jurisdiction.--The district courts of the United States
shall have jurisdiction over proceedings under this section and
shall exercise the same without regard to whether the party
aggrieved shall have exhausted any administrative or other
remedies that may be provided for by law.
(7) Abrogation of state immunity.--Neither a State that
enforces or maintains, nor a government official who is
permitted to implement or enforce, any limitation or
requirement that violates subsection (a) shall be immune under
the Tenth Amendment to the Constitution of the United States,
the Eleventh Amendment to the Constitution of the United
States, or any other source of law, from an action in a Federal
or State court of competent jurisdiction challenging that
limitation or requirement.
(8) Right to remove.--Any party shall have a right to
remove an action brought under this subsection to the district
court of the United States for the district and division
embracing the place where such action is pending. An order
remanding the case to the State court from which it was removed
under this paragraph may be immediately reviewable by appeal or
otherwise.
(c) Rules of Construction.--
(1) In general.--Nothing in this section shall be construed
to modify, supersede, or otherwise affect the authority of any
executive branch agency to promulgate regulations or otherwise
implement laws.
(2) Other individuals considered as government officials.--
Any person who, by operation of a provision of Federal or State
law, is permitted to implement or enforce a limitation or
requirement that violates this section shall be considered a
government official for purposes of this Act.
SEC. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS.
Notwithstanding any other provision of law, no Federal funds may
be used by a State, including through a grant, contract, or cooperative
agreement, to pursue legal cases against residents or other individuals
or entities, or to take any other enforcement, disciplinary, or adverse
licensing proceeding on the basis of such residents or other
individuals or entities providing or assisting with reproductive health
care services that are lawful in the State in which the services are
provided.
SEC. 5. REPRODUCTIVE HEALTH CARE LEGAL SERVICES DEFENSE FUND GRANTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
individual, partnership, firm, corporation, or nonprofit
organization that has a specific expertise in providing legal
assistance and is licensed to practice law.
(2) Eligible provider.--The term ``eligible provider''
means a health care provider that--
(A) provides or refers for abortion care services;
and
(B) faces legal issues relating to providing or
assisting with reproductive health care services.
(b) Funding.--There is appropriated to the Attorney General, out of
amounts in the Treasury not otherwise appropriated, $40,000,000, to
remain available until expended, for purposes of awarding grants to
eligible entities or consortia of eligible entities to provide legal
assistance to eligible providers.
(c) Application.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit an application to the Attorney
General at such time, in such manner, and containing such
information as the Attorney General may require.
(2) Joint applications.--Multiple eligible entities may
submit a joint application that designates a single eligible
entity as the lead entity for the purposes of receiving and
disbursing funds received through a grant under this section.
(d) Use of Funds.--An eligible entity may use amounts received
under a grant under this section--
(1) to provide advice, legal services, or representation to
eligible providers, related to providing or assisting with
reproductive health care services under Federal, State, and
local law;
(2) to educate eligible providers about the rights and
obligations of the eligible provider related to providing or
assisting with reproductive health care services under Federal,
State, and local law;
(3) to monitor compliance by a State with Federal, State,
and local laws related to providing or assisting with
reproductive health care services; and
(4) for any other activity the Attorney General may
reasonably prescribe that is related to providing or assisting
with reproductive health care services under Federal, State,
and local law.
SEC. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS.
(a) In General.--There is appropriated to the Secretary of Health
and Human Services (referred to in this section as the ``Secretary''),
out of amounts in the Treasury not otherwise appropriated, $40,000,000,
for purposes of awarding grants to eligible providers (as defined in
section 5(a)(2)(A)) for enhanced security for staff and patients of
such providers.
(b) Application.--An eligible provider (as defined in section 5(a))
desiring a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
(c) Use of Funds.--A recipient of a grant under this section may
use such grant funds for any of the following purposes:
(1) Providing physical upgrades to health care facilities
to improve security.
(2) Providing training in security to health care staff.
(3) Improving capabilities to defend against cyberattacks.
(4) Ensuring patient and provider data security.
(5) Providing protective services to staff and patients.
(6) Any other activity, as the Secretary determines
appropriate.
SEC. 7. FAIR LIABILITY INSURANCE.
An issuer of professional liability coverage for health care
providers shall not--
(1) deny a health care provider professional liability
coverage solely because that provider offers, supports,
provides, or prescribes lawful reproductive health care
services; or
(2) sue a health care provider solely because that provider
provides lawful reproductive health care services.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person, entity, government, or circumstance, is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other persons, entities, governments, or
circumstances, shall not be affected thereby.
<all>
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118S1298 | Supporting Our Direct Care Workforce and Family Caregivers Act | [
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[
"H001076",
"Sen.... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1298 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1298
To award grants for the creation, recruitment, training and education,
retention, and advancement of the direct care workforce and to award
grants to support family caregivers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Kaine (for himself, Mr. Casey, Mr. Reed, Ms. Smith, Ms. Hassan, Mr.
Whitehouse, Mrs. Gillibrand, and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To award grants for the creation, recruitment, training and education,
retention, and advancement of the direct care workforce and to award
grants to support family caregivers.
Be it enacted by the Senate 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 Our Direct Care Workforce
and Family Caregivers Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Apprenticeship program.--The term ``apprenticeship
program'' means an apprenticeship program registered under 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.), including any requirement, standard, or rule
promulgated under such Act.
(2) Community college.--The term ``community college''
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree, including Tribal Colleges or Universities
receiving grants under section 316 of the Higher Education Act
of 1965 (20 U.S.C. 1059c) that offer a 2-year program for
completion of such degree and State public institutions of
higher education that offer such a 2-year program.
(3) Direct care professional.--The term ``direct care
professional''--
(A) means an individual who, in exchange for
compensation, provides services to a person with a
disability or an older individual that promotes the
independence of such person or individual, including--
(i) services that enhance the independence
and community inclusion for such person or
individual, including traveling with such
person or individual or attending and assisting
such person or individual while visiting
friends and family, shopping, or socializing;
(ii) services such as coaching and
supporting such person or individual in
communicating needs, achieving self-expression,
pursuing personal goals, living independently,
and participating actively in employment or
voluntary roles in the community;
(iii) services such as providing assistance
with activities of daily living (such as
feeding, bathing, toileting, and ambulation)
and with tasks such as meal preparation,
shopping, light housekeeping, and laundry;
(iv) services that support such person or
individual at home, work, school, or in any
other community setting; or
(v) services that promote health and
wellness, including scheduling and taking such
person or individual to health care
appointments, communicating with health and
allied health professionals administering
medications, implementing health and behavioral
health interventions and treatment plans,
monitoring and recording health status and
progress; and
(B) may include--
(i) a direct support professional
supporting people with intellectual and
developmental disabilities;
(ii) a home and community-based services
manager or direct support professional manager;
(iii) a self-directed care worker;
(iv) a personal care service worker;
(v) a direct care worker, as defined in
section 799B of the Public Health Service Act
(42 U.S.C. 295p); or
(vi) any other position or job related to
the home care or direct care workforce, such as
positions or jobs in respite care or palliative
care, as determined by the Secretary, in
consultation with the Center for Medicare &
Medicaid Services and the Secretary of Labor.
(4) Direct care workforce.--The term ``direct care
workforce'' means the broad workforce of direct care
professionals.
(5) Family caregiver.--The term ``family caregiver'' has
the meaning given such term in section 2 of the RAISE Family
Caregivers Act (42 U.S.C. 3030s note; Public Law 115-119) and
includes paid and unpaid family caregivers.
(6) Eligible entity.--The term ``eligible entity'' means an
entity--
(A) that is--
(i) a State;
(ii) a labor organization, joint labor-
management organization, or employer of direct
care professionals;
(iii) a nonprofit entity with experience in
aging, disability, or supporting the rights and
interests of, training of, or educating direct
care professionals or family caregivers;
(iv) an Indian Tribe, Tribal organization,
or Urban Indian organization;
(v) a community college or other
institution of higher education; or
(vi) a consortium of entities listed in any
of clauses (i) through (v);
(B) that agrees to include, as applicable with
respect to the type of grant the entity is seeking
under this Act and the activities supported through
such grant, older individuals, people with
disabilities, direct care professionals, and family
caregivers, as advisors and trainers in such
activities; and
(C) that agrees to consult with the State Medicaid
agency of the State (or each State) served by the grant
on the grant activities, to the extent that such agency
(or each such agency) is not the eligible entity.
(7) Employer.--The terms ``employ'' and ``employer'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203 et seq.).
(8) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given
such terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(9) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education defined in
section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001); or
(B) an institution of higher education defined in
section 102(a)(1)(B) of such Act (20 U.S.C.
1002(a)(1)(B)).
(10) Older individual.--The term ``older individual'' means
an individual who is 60 years of age or older.
(11) Person with a disability.--The term ``person with
disability'' means an individual with a disability, as defined
in section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102).
(12) Project participant.--The term ``project participant''
means an individual participating in a project or activity
assisted with a grant under this Act, including (as applicable
for the category of the grant) a direct care professional, or
an individual training to be such a professional, or a family
caregiver.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Administrator
for Community Living.
(14) Self-directed care professional.--The term ``self-
directed care professional'' means a direct care professional
who is employed by an individual who is an older individual, a
person with a disability, or a representative of such older
individual or person with a disability, and such older
individual or person with a disability has the decision-making
authority over certain supports and services provided by the
direct care professional and takes direct responsibility to
manage those supports and services.
(15) Supportive services.--The term ``supportive services''
means services that are necessary to enable an individual to
participate in activities assisted with a grant under this Act,
such as transportation, child care, dependent care, housing,
workplace accommodations, employee benefits such as paid sick
leave and child care, workplace health and safety protections,
wages and overtime pay, and needs-related payments.
(16) Urban indian organization.--The term ``urban Indian
organization'' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
(17) Workforce innovation and opportunity act terms.--The
terms ``career pathway'', ``career planning'', ``in-demand
industry sector or occupation'', ``individual with a barrier to
employment'', ``local board'', ``on-the-job training'',
``recognized postsecondary credential'', ``region'', and
``State board'' have the meanings given such terms in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(18) Work-based learning.--The term ``work-based learning''
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
SEC. 3. AUTHORITY TO ESTABLISH A TECHNICAL ASSISTANCE CENTER FOR
BUILDING THE DIRECT CARE WORKFORCE.
(a) Program Authorized.--The Secretary shall establish a national
technical assistance center (referred to in this section as the
``Center'') for, in consultation with the Secretary of Labor, the
Secretary of Education, the Administrator of the Centers for Medicare &
Medicaid Services, and the heads of other entities as necessary--
(1) supporting direct care workforce creation, training and
education, recruitment, retention, and advancement; and
(2) supporting family caregivers and activities of family
caregivers as a critical part of the support team for older
individuals or people with disabilities.
(b) Advisory Council.--The Secretary shall convene an advisory
council to provide recommendations to the Center with respect to the
duties of the Center under this section and may engage individuals and
entities described in paragraphs (3)(B), and (12), of section 5(b)
(without regard to a specific project described in such paragraphs) for
service on the advisory council.
(c) Activities.--The Center may--
(1) develop recommendations for training and education
curricula for direct care professionals, which such
recommendations may include recommendations for curricula for
higher education, postsecondary credentials, and programs with
community colleges;
(2) develop learning and dissemination strategies to--
(A) engage States and other entities in activities
supported under this Act and best practices; and
(B) distribute findings from activities supported
by grants under this Act;
(3) develop recommendations for training and education
curricula and other strategies for supporting family
caregivers;
(4) explore the national data gaps, workforce shortage
areas, and data collection strategies for direct care
professionals and make recommendations to the Director of the
Office of Management and Budget for an occupation category in
the Standard Occupational Classification system for direct
support professionals as a healthcare support occupation;
(5) recommend career development and advancement
opportunities for direct care professionals, which may include
occupational frameworks, national standards, recruitment
campaigns, pre-apprenticeship and on-the-job training
opportunities, apprenticeship programs, career ladders or
pathways, specializations or certifications, or other
activities; and
(6) develop strategies for assisting with reporting and
evaluation of grant activities under section 7.
SEC. 4. AUTHORITY TO AWARD GRANTS.
(a) Grants.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation with the
Center for Medicare & Medicaid Services, the Secretary of
Labor, and the Secretary of Education, shall award grants
described in paragraph (2) to eligible entities. A grant
awarded under this section may be in more than 1 category
described in such paragraph.
(2) Categories of grants.--The categories of grants
described in this paragraph are each of the following:
(A) Direct care professional grants.--Grants to
eligible entities to create and carry out projects for
the purposes of recruiting, retaining, or providing
advancement opportunities for direct care professionals
who are not described in subparagraph (B) or (C),
including through education or training programs for
such professionals or individuals seeking to become
such professionals.
(B) Direct care professional managers grants.--
Grants to eligible entities to create and carry out
projects for the purposes of recruiting, retaining, or
providing advancement opportunities for direct care
professionals who are managers or supervisory staff
that have coaching, training, managerial, supervisory,
or other oversight responsibilities, including through
education or training programs for such professionals
or individuals seeking to become such professionals.
(C) Self-directed care professionals grants.--
Grants to eligible entities to create and carry out
projects for the purposes of recruiting, retaining, or
providing advancement opportunities for self-directed
care professionals, including through education or
training programs for such professionals or individuals
seeking to become such professionals.
(D) Family caregiver grants.--Grants to eligible
entities to create and carry out projects for providing
support to paid or unpaid family caregivers through
educational, training, or other resources, including
resources for caregiver self-care or educational or
training resources for individuals newly in a
caregiving role or seeking additional support in the
role of a family caregiver.
(3) Projects for advancement opportunities.--Not less than
30 percent of projects assisted with grants under this Act
shall be projects to provide career pathways that offer
opportunities for professional development and advancement
opportunities to direct care professionals.
(b) Treatment of Continuation Activities.--An eligible entity that
carries out activities described in subsection (a)(2) prior to receipt
of a grant under this Act may use such grant to continue carrying out
such activities, and, in using such grant to continue such activities,
shall be treated as an eligible entity carrying out a project through a
grant under this Act.
SEC. 5. PROJECT PLANS.
(a) In General.--An eligible entity seeking a grant under this Act
shall submit to the Secretary a project plan for each project to be
developed and carried out (including for activities to be continued as
described in section 4(b)) with the grant at such time, in such manner,
and containing such information as the Secretary may require.
(b) Contents.--A project plan submitted by an eligible entity under
subsection (a) shall include a description of information determined
relevant by the Secretary for purposes of the category of the grant and
the activities to be carried out through the grant. Such information
may include (as applicable) the following:
(1) Demographic information regarding the population in the
State or relevant geographic area, including a description of
the populations likely to need long-term care services, such as
people with disabilities and older individuals.
(2) Projections of unmet need for services provided by
direct care professionals based on enrollment waiting lists
under home and community-based waivers under section 1115 of
the Social Security Act (42 U.S.C. 1315) or section 1915(c) of
such Act (42 U.S.C. 1396n(c)) and other relevant data to the
extent practicable and feasible, such as direct care workforce
vacancy rates, crude separation rates, and the number of direct
care professionals, including such professionals who are
managers or supervisors, in the region.
(3) An advisory committee to advise the eligible entity on
activities to be carried out through the grant. Such advisory
committee--
(A) may be comprised of entities listed in
paragraph (12); and
(B) shall include--
(i) older individuals or persons with a
disability;
(ii) organizations representing the rights
and interests of people receiving services by
the direct care professionals or family
caregivers targeted by the project;
(iii) individuals who are direct care
professionals or family caregivers targeted by
the project and organizations representing the
rights and interests of direct care
professionals or family caregivers;
(iv) as applicable, employers of
individuals described in clause (iii) and labor
organizations representing such individuals;
(v) representatives of the State Medicaid
agency, the State agency defined in section 102
of the Older Americans Act of 1965 (42 U.S.C.
3002), the State developmental disabilities
office, and the State mental health agency, in
the State (or each State) to be served by the
project; and
(vi) representatives reflecting diverse
racial, cultural, ethnic, geographic,
socioeconomic, and gender identity and sexual
orientation perspectives.
(4) Current or projected job openings for, or relevant
labor market information related to, the direct care
professionals targeted by the project in the State or region to
be served by the project, and the geographic scope of the
workforce to be served by the project.
(5) Specific efforts and strategies that the project will
undertake to reduce barriers to recruitment, retention, or
advancement of the direct care professionals targeted by the
project, including an assurance that such efforts will
include--
(A) an assessment of the wages or other
compensation or benefits necessary to recruit and
retain the direct care professionals targeted by the
project;
(B) a description of the project's projected
compensation or benefits for the direct care
professionals targeted by the project at the State or
local level, including a comparison of such projected
compensation or benefits to regional and national
compensation or benefits and a description of how wages
and benefits received by project participants will be
impacted by the participation in and completion of the
project; and
(C) a description of the projected impact of
workplace safety issues on the recruitment and
retention of direct care professionals targeted by the
project, including the availability of personal
protective equipment.
(6) In the case of a project offering an education or
training program for direct care professionals, a description
of such program (including how the core competencies identified
by the Centers for Medicare & Medicaid Services will be
incorporated, curricula, models, and standards used under the
program, and any associated recognized postsecondary
credentials for which the program provides preparation, as
applicable), which shall include an assurance that such program
will provide to each project participant in such program--
(A) relevant training regarding the rights of
recipients of home and community based services,
including their rights to--
(i) receive services in integrated settings
that provide access to the broader community;
(ii) exercise self-determination;
(iii) be free from all forms of abuse,
neglect, or exploitation; and
(iv) person-centered planning and
practices, including participation in planning
activities;
(B) relevant training to ensure that each project
participant has the necessary skills to recognize abuse
and understand their obligations with regard to
reporting and responding to abuse appropriately in
accordance with relevant Federal and State law;
(C) relevant training regarding the provision of
culturally competent and disability competent supports
to recipients of services provided by the direct care
professionals targeted by the project;
(D) an apprenticeship program, work-based learning,
or on-the-job training opportunities;
(E) supervision or mentoring; and
(F) for any on-the-job training portion of the
program, a progressively increasing, clearly defined
schedule of wages to be paid to each such participant
that--
(i) is consistent with skill gains or
attainment of a recognized postsecondary
credential received as a result of
participation in or completion of such program;
and
(ii) ensures the entry wage is not less
than the greater of--
(I) the minimum wage required under
section 6(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
206(a)); or
(II) the applicable wage required
by other applicable Federal or State
law, or a collective bargaining
agreement.
(7) Any other innovative models or processes the eligible
entity will implement to support the retention and career
advancement of the direct care professionals targeted by the
project.
(8) The supportive services and benefits to be provided to
the project participants in order to support the employment,
retention, or career advancement of the direct care
professionals targeted by the project.
(9) How the eligible entity will make use of career
planning to support the identification of advancement
opportunities and career pathways for the direct care
professionals in the State or region to be served by the
project.
(10) How the eligible entity will collect and submit to the
Secretary workforce data and outcomes of the project.
(11) How the project--
(A) will--
(i) provide adequate and safe equipment and
facilities for training and supervision,
including a safe work environment free from
discrimination, which may include the provision
of personal protective equipment and other
necessary equipment to prevent the spread of
infectious disease among the direct care
professionals targeted by the project and
recipients of services provided by such
professionals;
(ii) incorporate remote training and
education opportunities or technology-supported
opportunities;
(iii) for training and education curricula,
incorporate evidenced-supported practices for
adult learners and universal design for
learning and ensure recipients of services
provided by the direct care professionals or
family caregivers targeted by the project
participate in the development and
implementation of such training and education
curricula;
(iv) use outreach, recruitment, and
retention strategies designed to reach and
retain a diverse workforce;
(v) incorporate methods to monitor
satisfaction with project activities for
project participants and individuals receiving
services from such participants;
(vi) incorporate evidence-supported
practices for family caregiver engagement; and
(vii) incorporate core competencies
identified by the Centers for Medicare &
Medicaid Services; and
(B) may incorporate continuing education programs
and specialty training, with a specific focus on--
(i) trauma-informed care;
(ii) behavioral health, including co-
occurring behavioral health conditions and
intellectual or developmental disabilities;
(iii) Alzheimer's and dementia care;
(iv) chronic disease management; and
(v) the use of supportive or assistive
technology.
(12) How the eligible entity will consult on the
implementation of the project, or coordinate the project with,
each of the following entities, to the extent that each such
entity is not the eligible entity:
(A) The State Medicaid agency, State agency defined
in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002), and the State developmental disabilities
office for the State (or each State) to be served by
the project.
(B) The local board and State board for each
region, or State, to be served by the project.
(C) In the case of a project that carries out an
education or training program, a nonprofit organization
with demonstrated experience in the development or
delivery of curricula or coursework.
(D) A nonprofit organization, including a labor
organization, that fosters the professional development
and collective engagement of the direct care
professionals targeted by the project.
(E) Area agencies on aging, as defined in section
102 of the Older Americans Act of 1965 (42 U.S.C.
3002).
(F) Centers for independent living, as described in
part C of title VII of the Rehabilitation Act of 1973
(29 U.S.C. 796f et seq.).
(G) The State Council on Developmental Disabilities
(as such term is used in subtitle B of title I of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15021 et seq.)) for the
State (or each State) to be served by the project.
(H) Aging and Disability Resource Centers (as
defined in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002)).
(I) A nonprofit State provider association that
represents providers who employ the direct care
professionals targeted by the project, where such
associations exist.
(J) An entity that employs the direct care
professionals targeted by the project.
(K) University Centers for Excellence in
Developmental Disabilities Education, Research, and
Service supported under subtitle D of title I of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15061 et seq.).
(L) The State protection and advocacy system
described in section 143 of such Act (42 U.S.C. 15043)
of the State (or each State) to be served by the
project.
(M) Direct care professionals or direct care
workforce organizations representing underserved
communities, including communities of color.
(13) How the eligible entity will consult throughout the
project with--
(A) individuals employed or working as the direct
care professionals or family caregivers targeted by the
project;
(B) representatives of such professionals or
caregivers;
(C) individuals assisted by such professionals or
caregivers;
(D) the families of such professionals or
caregivers; and
(E) individuals receiving education or training to
become such professionals or caregivers.
(14) Outreach efforts to individuals for participation in
such project, including targeted outreach efforts to--
(A) individuals who are recipients of assistance
under a State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.) or
individuals who are eligible for such assistance; and
(B) individuals with barriers to employment.
(c) Considerations.--In selecting eligible entities to receive a
grant under this Act, the Secretary shall ensure--
(1) equitable geographic and demographic diversity,
including by selecting recipients serving rural areas and
selecting recipients serving urban areas; and
(2) that selected eligible entities will serve areas where
the occupation of direct care professional, or a related
occupation, is an in-demand industry sector or occupation.
SEC. 6. USES OF FUNDS; SUPPLEMENT, NOT SUPPLANT.
(a) Uses of Funds.--
(1) In general.--Each eligible entity receiving a grant
under this Act shall use the funds of such grant to carry out
at least 1 project described in section 4(a)(2).
(2) Administrative costs.--Each eligible entity receiving a
grant under this Act shall not use more than 5 percent of the
funds of such grant for costs associated with the
administration of activities under this Act.
(3) Direct support.--Each eligible entity receiving a grant
under this Act (except for a grant described in section
4(a)(2)(D)) shall use not less than 5 percent of the funds of
such grant to provide direct financial benefits or supportive
services to direct care professionals to support the financial
needs of such participants during the duration of the project
activities.
(b) Supplement, Not Supplant.--An eligible entity receiving a grant
under this Act shall use such grant only to supplement, and not
supplant, the amount of funds that, in the absence of such grant, would
be available to address the recruitment, training and education,
retention, and advancement of direct care professionals or provide
support for family caregivers, in the State or region served by the
eligible entity.
(c) Prohibition.--No amounts made available under this Act 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)).
SEC. 7. EVALUATIONS AND REPORTS; TECHNICAL ASSISTANCE.
(a) Reporting Requirements by Grant Recipients.--
(1) In general.--An eligible entity receiving a grant under
this Act shall cooperate with the Secretary and annually
provide a report to the Secretary that includes any relevant
data requested by the Secretary in a manner specified by the
Secretary.
(2) Contents.--The data requested by the Secretary for an
annual report may include any of the following (as determined
relevant by the Secretary with respect to the category of the
grant and each project supported through the grant):
(A) The number of individuals and the demographics
of these individuals served by each project supported
by the grant, including--
(i) the number of individuals recruited
through each such project to be employed as a
direct care professional;
(ii) the number of individuals who through
each such project attained employment as a
direct care professional; and
(iii) the number of individuals who
enrolled in each such project and withdrew or
were terminated from each such project without
completing training or attaining employment as
a direct care professional.
(B) The number of family caregivers participating
in an education or training program through each
project supported by the grant.
(C) The number of project participants who through
each such project participated in and completed--
(i) work-based learning;
(ii) on-the-job training;
(iii) an apprenticeship program; or
(iv) a professional development or
mentoring program.
(D)(i) Other services, benefits, or supports (other
than the services, benefits, or supports described in
subparagraph (C)) provided through each such project to
assist in the recruitment, retention, or advancement of
direct care professionals (including through education
or training for such professionals or individuals
seeking to become such professionals);
(ii) the number of individuals who accessed such
services, benefits, or supports; and
(iii) the impact of such services, benefits, or
supports.
(E) The crude separation and vacancy rates of
direct care professionals, and such rates for those
professionals who are managers or supervisors, in the
geographic region for a number of years before the
grant was awarded, as determined by the Secretary, and
annually thereafter for the duration of the grant
period.
(F) How each project supported by the grant
assessed satisfaction with respect to--
(i) project participants assisted by the
project;
(ii) individuals receiving services
delivered by project participants, including--
(I) any impact on the health or
health outcomes of such individuals;
and
(II) any impact on the ability of
individuals to transition to or remain
in the community in an environment that
meets the criteria established in the
section 441.301(c)(4) of title 42, Code
of Federal Regulations (or successor
regulations); and
(iii) employers of such project
participants.
(G) The performance of the eligible entity with
respect to the indicators of performance on
unsubsidized employment, median earnings, credential
attainment, measurable skill gains, and employer
satisfaction.
(H) Any other information with respect to outcomes
of the project as determined by the Secretary.
(b) Annual Report to Congress by Secretary.--Not later than 2 years
after the date of enactment of this Act, and each year thereafter until
all projects supported through a grant under this Act are completed,
the Secretary shall prepare and submit to Congress an annual report on
the progress of each project supported through a grant under this Act
and the activities of the technical assistance center established under
section 3.
(c) GAO Report.--Not later than 1 year after the date on which all
projects supported through a grant under this Act are completed, the
Comptroller General of the United States shall conduct a study and
submit to Congress a report including--
(1) an assessment of how the technical assistance center
established under section 3 and the projects supported through
a grant under this Act assisted in the creation, recruitment,
training and education, retention, and advancement of the
direct care workforce or in providing support for family
caregivers; and
(2) recommendations for such legislative or administrative
actions needed for improving the assistance described in
paragraph (1), as the Comptroller General determines
appropriate.
(d) Independent Evaluations.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall enter into a
contract with an independent entity to provide independent evaluations
of activities supported by grants under this Act and activities of the
technical assistance center established under section 3.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) for the establishment and activities of the technical
assistance center under section 3, $2,000,000 for each of
fiscal years 2024 through 2028; and
(2) for grants under section 4, $1,000,000,000 for fiscal
year 2024.
(b) Availability.--Amounts made available under this Act shall
remain available until September 30, 2033.
<all>
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118S1299 | Fairness for Servicemembers and their Families Act of 2023 | [
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"Sen... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1299 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1299
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to periodically review the automatic maximum coverage
under the Servicemembers' Group Life Insurance program and the
Veterans' Group Life Insurance program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Cornyn (for himself, Ms. Hassan, Mr. Braun, Mr. Cruz, Mr. King, Ms.
Hirono, and Mr. Kelly) introduced the following bill; which was read
twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to periodically review the automatic maximum coverage
under the Servicemembers' Group Life Insurance program and the
Veterans' Group Life Insurance program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Servicemembers and
their Families Act of 2023''.
SEC. 2. PERIODIC REVIEW OF AUTOMATIC MAXIMUM COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP
LIFE INSURANCE.
(a) In General.--Subchapter III of chapter 19 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1980B. Periodic review of automatic maximum coverage
``(a) In General.--On January 1, 2024, and every three years
thereafter, the Secretary shall--
``(1) complete a review of how the amount specified in
section 1967(a)(3)(A)(i) compares to the amount described in
subsection (b); and
``(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives the results of the review.
``(b) Amount Described.--The amount described in this subsection is
the amount equal to--
``(1) $400,000; multiplied by
``(2) the percentage of the increase (if any) in the
average of the Consumer Price Index for the fiscal year ending
during the preceding calendar year compared to the average of
the Consumer Price Index for fiscal year 2005.
``(c) Consumer Price Index Defined.--In this section, the term
`Consumer Price Index' means the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the Department
of Labor.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 19 of such title is amended by inserting after the item
relating to section 1980A the following new item:
``1980B. Periodic review of automatic maximum coverage.''.
<all>
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118S13 | Protect Funding for Women's Health Care Act | [
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"Se... | <p><b>Protect Funding for Women's Health Care Act</b></p> <p>This bill prohibits federal funding of Planned Parenthood Federation of America or its affiliates, subsidiaries, successors, or clinics.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 13 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 13
To prohibit Federal funding of Planned Parenthood Federation of
America.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Ms. Ernst (for herself, Mr. Lankford, Mr. Crapo, Mrs. Hyde-Smith, Mrs.
Blackburn, Mr. Cruz, Mr. Daines, Mrs. Fischer, Mr. Rubio, Mr. Cramer,
Mr. Hoeven, Mr. Hawley, Mr. Cotton, Mr. Wicker, Mr. Scott of Florida,
Mr. Risch, Mr. Braun, Mr. Romney, Mr. Barrasso, Mr. Hagerty, Mr.
Mullin, Mr. Moran, Mr. Vance, Mr. Sullivan, Mr. Thune, and Mr. Tillis)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit Federal funding of Planned Parenthood Federation of
America.
Be it enacted by the Senate 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 Funding for Women's Health
Care Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) State and county health departments, community health
centers, hospitals, physicians offices, and other entities
currently provide, and will continue to provide, health
services to women. Such health services include relevant
diagnostic laboratory and radiology services, well-child care,
prenatal and postpartum care, immunization, family planning
services including contraception, sexually transmitted disease
testing, cervical and breast cancer screenings, and referrals.
(2) Many such entities provide services to all persons,
regardless of the person's ability to pay, and provide services
in medically underserved areas and to medically underserved
populations.
(3) All funds no longer available to Planned Parenthood
Federation of America will continue to be made available to
other eligible entities to provide women's health care
services.
SEC. 3. PROHIBITION.
(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be made available to Planned Parenthood Federation of
America, or to any of its affiliates, subsidiaries, successors, or
clinics.
(b) Rules of Construction.--Nothing in this Act shall be construed
to--
(1) affect any limitation contained in an appropriations
Act relating to abortion; or
(2) reduce overall Federal funding available in support of
women's health.
<all>
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118S130 | Rural Internet Improvement Act of 2023 | [
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"Sen. ... | <p><b>Rural Internet Improvement Act of 2023</b></p> <p>This bill merges two Department of Agriculture (USDA) rural broadband programs (called the Farm Bill Broadband Program and the pilot ReConnect Loan and Grant Program) to create one program called the ReConnect Program. The programs offer financial support to facilitate broadband access to rural areas that lack sufficient access to broadband.</p> <p class="MsoNormal" style="line-height: normal;">Unobligated amounts available for the pilot ReConnect Loan and Grant Program must be transferred and made available, without further appropriations, to this merged program. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 130 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 130
To amend the Rural Electrification Act of 1936 to reauthorize and
improve the ReConnect loan and grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Thune (for himself, Mr. Lujan, Ms. Klobuchar, and Mrs. Fischer)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Rural Electrification Act of 1936 to reauthorize and
improve the ReConnect loan and grant program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Internet Improvement Act of
2023''.
SEC. 2. STREAMLINING BROADBAND AUTHORITIES.
(a) In General.--Section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb) is amended--
(1) by striking the section heading and inserting
``reconnect program'';
(2) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) Reconnect program.--The term `ReConnect Program'
means the program established under this section.'';
(3) in subsection (c)--
(A) in paragraph (2)(A)--
(i) in clause (i)--
(I) in subclause (I), by striking
``10-Mbps'' and inserting ``25-Mbps'';
and
(II) in subclause (II), by striking
``1-Mbps'' and inserting ``3-Mbps'';
and
(ii) by striking clause (iv) and inserting
the following:
``(iv) give priority to applications from
applicants that have demonstrated the technical
and financial experience required to construct
and operate broadband networks.''; and
(B) by adding at the end the following:
``(5) Applications.--The Secretary shall establish an
application process for grants, loans, and loan guarantees
under this section that--
``(A) reduces the amount of data required to apply
by limiting the required data to only--
``(i) the entity applying, excluding any
parent or affiliate entity that is not a party
to the application, to the greatest extent
practicable; and
``(ii) the geographic area affected by the
application, if a parent or affiliate is not a
party to the application;
``(B) simplifies the data interfaces for submission
to the greatest extent practicable; and
``(C) allows all applicants, regardless of whether
an applicant is publicly traded, to rely on a bond
rating of at least investment grade (when bond ratings
are available) in place of financial documentation.'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``subsection (j)'' and inserting ``subsection
(l)''; and
(ii) by adding at the end the following:
``(C) Grant requirements.--The Secretary--
``(i) shall not restrict the eligibility of
an entity for a grant under this section based
on the legal structure of the entity;
``(ii) shall allow entities to apply for a
grant under this section without regard to, or
preference for, the legal structure of an
entity;
``(iii) in determining the financial
ability of an entity to carry out a project
using a grant under this section, shall allow
the entity to demonstrate that financial
ability by methods that--
``(I) the Secretary determines to
be the least burdensome; and
``(II) subject to clause (v), are
not limited to providing the Federal
Government an exclusive first lien on
all grant-funded assets during the
service obligation of the grant;
``(iv) subject to clause (v), in
determining the required collateral to secure
grant funds or to secure performance during the
service obligation of a grant, shall allow an
awardee to offer alternative security, such as
a letter of credit, in lieu of providing the
Federal Government an exclusive first lien on
all grant-funded assets; and
``(v) if the Secretary reasonably
determines that alternative methods or
alternative security established under clause
(iii)(II) or (iv) are insufficient to secure
performance with respect to a project under
this section--
``(I) may require an entity to
provide the Federal Government an
exclusive first lien on all grant-
funded assets during the service
obligation of the grant; and
``(II) shall release that lien
after the Secretary determines that the
entity is performing to the
satisfaction of the Secretary.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``50'' and inserting ``90''; and
(ii) by adding at the end the following:
``(D) Obligations to provide broadband service in
the same service territory.--
``(i) Definition of broadband
infrastructure.--In this subparagraph, the term
`broadband infrastructure' means any cables,
fiber optics, wiring, or other permanent
infrastructure that is integral to the
structure, including fixed wireless
infrastructure, that--
``(I) is capable of providing
access to internet connections in
individual locations; and
``(II) offers an advanced
telecommunications capability (as
defined in section 706(d) of the
Telecommunications Act of 1996 (47
U.S.C. 1302(d))).
``(ii) Other providers.--The Secretary
shall consider a proposed service territory
with respect to which an eligible entity
submits an application to carry out a project
under this section to be served by broadband
service if a broadband service provider other
than that eligible entity is subject to an
obligation by a Federal, State, or local
government entity to build broadband
infrastructure and offer broadband service in
that service territory, subject to conditions--
``(I) under a Federal, State, or
local funding award program; or
``(II) otherwise required by the
Federal, State, or local government
entity.
``(iii) Other funding.--Subject to clause
(iv), the Secretary shall not be required to
consider a proposed service territory with
respect to which an eligible entity submits an
application to carry out a project under this
section to be served by broadband service if
that eligible entity has accepted an obligation
under a Federal, State, or local funding award
program to build broadband infrastructure and
offer broadband service in that service
territory, if the proposed project under this
section--
``(I) would not be duplicative of
the obligation under the other award
program; and
``(II) would build broadband
infrastructure that results in faster
speeds or expedited milestones of
deployment of broadband infrastructure
in that service territory, as compared
to the obligation under the other award
program.
``(iv) Other obligations for lower
transmission capacity.--The Secretary shall
consider a proposed service territory with
respect to which an eligible entity submits an
application to carry out a project under this
section to be unserved by broadband service if
an obligation under another award program
described in clause (iii) would not provide
broadband service of at least--
``(I) a 25-Mbps downstream
transmission capacity; and
``(II) a 3-Mbps upstream
transmission capacity.
``(E) Requirements for funding.--
``(i) Affiliate owned and operated
networks.--A grant, loan, or loan guarantee
under this section may be used to construct
networks that will be owned and operated by an
affiliate of the eligible entity receiving the
grant, loan, or loan guarantee, subject to the
condition that the eligible entity, the
affiliate, or both, as the Secretary determines
to be necessary, shall provide adequate
security for the grant, loan, or loan
guarantee.
``(ii) Negative covenants and conditions.--
To the greatest extent practicable, a project
carried out using a grant, loan, or loan
guarantee under this section shall not add any
new negative covenants or conditions to the
grant, loan, or loan guarantee agreement that
were not previously disclosed to the eligible
entity at the time of application for the
grant, loan, or loan guarantee.
``(iii) Ownership of systems.--
``(I) In general.--A network
constructed with a grant, loan, or loan
guarantee under this section may be
transferred to an unaffiliated provider
that agrees--
``(aa) to assume the
service obligation; and
``(bb) to provide
appropriate and sufficient
security for that network.
``(II) Determination.--The
Secretary shall not unreasonably
withhold consent to enter into an
appropriate agreement described in
subclause (I) with the transferee based
on an evaluation by the Secretary of
the ability of the transferee to assume
the agreement and provide security
described in item (bb) of that
subclause.
``(iv) Reporting and auditing.--The
Secretary shall--
``(I) simplify, to the maximum
extent practicable, ongoing reporting
and auditing requirements for
recipients of a grant, loan, or loan
guarantee under this section; and
``(II) allow a recipient described
in subclause (I) whose financial
information is consolidated with the
financial information of a parent
entity to rely on that consolidated
financial information in complying with
the requirements described in that
subclause if the parent entity is
providing a guarantee on behalf of a
subsidiary of the parent entity with
respect to the grant, loan, or loan
guarantee.
``(v) Procurement and contracting.--The
Secretary--
``(I) shall simplify, to the
maximum extent practicable,
requirements for recipients of a grant,
loan, or loan guarantee under this
section relating to the procurement of
materials and retention of contractors;
and
``(II) shall not unreasonably
restrict the ability of a recipient
described in subclause (I) to obtain
goods and services from affiliated
entities.'';
(5) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``25-Mbps''
and inserting ``100-Mbps''; and
(B) in subparagraph (B), by striking ``3-Mbps'' and
inserting ``20-Mbps'';
(6) by redesignating subsections (j) and (k) as subsections
(l) and (m), respectively;
(7) by inserting after subsection (i) the following:
``(j) Regulations.--The Secretary shall issue regulations to carry
out this section in accordance with section 553 of title 5, United
States Code.
``(k) Annual Reports.--Not later than 120 days after the date of
enactment of the Rural Internet Improvement Act of 2023, and not less
frequently than annually thereafter, the Secretary shall--
``(1) publish a report describing--
``(A) the distribution of amounts made available
under the ReConnect Program for the preceding year;
``(B) the number of locations at which broadband
service was made available using amounts under the
ReConnect Program for the preceding year;
``(C) the number of locations described in
subparagraph (B) at which broadband service was used;
and
``(D) the highest level of broadband service made
available at each location described in subparagraph
(B); and
``(2) submit the report described in paragraph (1) to--
``(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Committee on Agriculture of the House of
Representatives; and
``(D) the Committee on Energy and Commerce of the
House of Representatives.''; and
(8) in subsection (l) (as so redesignated), in paragraph
(1), by striking ``$350,000,000 for each of fiscal years 2019
through 2023'' and inserting ``such sums as are necessary for
each fiscal year''.
(b) Sunset.--Beginning on the date that is 120 days after the date
of enactment of this Act, section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399), shall
have no force or effect.
(c) Transfer of Amounts.--The unobligated balance, as of the date
that is 120 days after the date of enactment of this Act, of any
amounts made available to carry out the pilot program described in
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141; 132 Stat. 399)--
(1) is transferred to, and merged with, amounts made
available to carry out section 601 of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb); and
(2) shall remain available, until expended, and without
further appropriation, to carry out the ReConnect Program
established under that section.
(d) Effect.--Title VI of the Rural Electrification Act of 1936 (7
U.S.C. 950bb et seq.) is amended by adding at the end the following:
``SEC. 607. EFFECT.
``Nothing in this title authorizes the Secretary to regulate rates
charged for broadband service.''.
(e) Public Notice, Assessments, and Reporting Requirements.--
Section 701 of the Rural Electrification Act of 1936 (7 U.S.C. 950cc)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by inserting ``, including
a complete shapefile map'' after ``applicant''; and
(B) in paragraph (2)(D), by striking ``(c)'' and
inserting ``(d)'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) Challenge Process.--
``(1) In general.--The Secretary shall establish a
transparent, evidence based, and expeditious process for
challenging, with respect to any area for which assistance is
sought under an application described in subsection (a)(1),
whether that area has access to broadband service.
``(2) Notice.--The Secretary shall make publicly available
on the website of the Department of Agriculture a written
notice describing--
``(A) the decision of the Secretary on each
challenge submitted under paragraph (1); and
``(B) the reasons for each decision described in
subparagraph (A).''; and
(4) by adding at the end the following:
``(g) Public Notice of Eligible Funding Areas.--Prior to making
available to the public the database under subsection (a), the
Secretary shall make available to the public a fully searchable
database on the website of the Rural Utilities Service that contains
information on areas eligible for assistance under retail broadband
projects that are administered by the Secretary in accordance with the
maps created by the Federal Communications Commission under section
802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)).''.
(f) Federal Broadband Program Coordination.--Section 6212 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is amended--
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (e), and (a), respectively, and moving
the subsections so as to appear in alphabetical order;
(2) in subsection (a) (as so redesignated), in paragraph
(3), by striking ``section 601(b)(3) of the Rural
Electrification Act of 1936'' and inserting ``section 601(b) of
the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b))'';
(3) in subsection (c) (as so redesignated), in paragraph
(1)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Reconnect program.--On awarding a grant,
loan, or loan guarantee under the ReConnect Program
established under section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb), the
Secretary shall notify the Commission of that award.'';
and
(4) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Memorandum of Understanding Relating to Outreach.--The
Secretary shall enter into a memorandum of understanding with the
Assistant Secretary and the Commission to facilitate outreach to
residents and businesses in rural areas, including--
``(1) to evaluate the broadband service needs in rural
areas;
``(2) to inform residents and businesses in rural areas of
available Federal programs that promote broadband access,
broadband affordability, and broadband inclusion; and
``(3) for such additional goals as the Secretary, the
Assistant Secretary, and the Commission determine to be
appropriate.''.
<all>
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118S1300 | Prime Minister Golda Meir Commemorative Coin Act | [
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"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
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"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
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[
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],
[
"B001310",
"S... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1300
To require the Secretary of the Treasury to mint coins in recognition
of the late Prime Minister Golda Meir and the 75th anniversary of the
United States-Israel relationship.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Cardin (for himself, Ms. Baldwin, Mr. Daines, and Mr. Cruz)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the Secretary of the Treasury to mint coins in recognition
of the late Prime Minister Golda Meir and the 75th anniversary of the
United States-Israel relationship.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prime Minister Golda Meir
Commemorative Coin Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Prime Minister of Israel Golda Meir was born on May 3,
1898, in Kyiv, Ukraine.
(2) Prime Minister Golda Meir moved to Milwaukee, Wisconsin
with her family in 1906.
(3) Growing up in a time where women were not expected to
receive an education and pursue a career, Prime Minister Golda
Meir fought against the status quo and defied her parents by
moving to Denver, Colorado, to live with her sister.
(4) In 1921, Prime Minister Golda Meir emigrated with her
husband to Mandatory Palestine where she worked as head of the
Political Department of the Jewish Agency for Palestine, the
chief Jewish liaison with the British, during World War II.
(5) When the State of Israel declared its independence in
1948, Prime Minister Golda Meir was a signer of its declaration
of independence.
(6) Prime Minister Golda Meir served as the fourth Prime
Minister of the State of Israel from 1969 to 1974.
(7) Prime Minister Golda Meir is remembered today as the
first female Prime Minister of the State of Israel and a
trailblazer for women's rights.
(8) Prime Minister Golda Meir is additionally remembered
for the unique relationship she had with the United States and
its people, evident by her adorning the cover of Time Magazine
in 1969 and being voted by the people of the United States as
Gallup's ``Most Admired Woman'' in 1971, 1973, and 1974.
(b) Purpose.--The purpose of this Act is to honor and commemorate--
(1) the 75th anniversary of the United States-Israel
relationship;
(2) the first female Prime Minister of the State of Israel,
Golda Meir; and
(3) the unique relationship Prime Minister Golda Meir had
with the United States.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the late Prime Minister
Golda Meir and the 75th anniversary of the United States-Israel
relationship, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue the following
coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain at least 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain at least 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The designs of the coins minted under this
Act shall bear an image of and the name of Prime Minister Golda
Meir on the obverse side.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of ``Golda Meir'', ``Israel
75'', and the year ``2026''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The designs for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
American Friends of Kiryat Sanz Laniado Hospital Inc. and
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2026, and ending on
December 31, 2026.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at the price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided under section 7(a) with respect
to the coins; and
(3) the cost of designing and issuing the coins including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping.
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of the
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include--
(1) a surcharge of $35 per coin for the $5 coins;
(2) a surcharge of $10 per coin for the $1 coins; and
(3) a surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the American Friends of Kiryat Sanz Laniado Hospital Inc. for the
purpose of--
(1) the continued growth of, support for, and the promotion
of Kiryat Sanz Laniado Hospital; and
(2) the furtherance of the missions and goals of Kiryat
Sanz Laniado Hospital.
(c) Audits.--The American Friends of Kiryat Sanz Laniado Hospital
Inc. shall be subject to the audit requirements of section 5134(f)(2)
of title 31, United States Code, with respect to the amounts received
under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary may issue guidance to carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act result will
not result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges are disbursed
to any recipient designated in section 7 until the total cost
of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery,
overhead expenses, marketing, and shipping) is recovered by the
United States Treasury, consistent with sections 5112(m) and
5134(f) of title 31, United States Code.
<all>
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118S1301 | Partner with Korea Act | [
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"H001042",
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"M001190",
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[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1301
To provide highly-skilled nonimmigrant visas for nationals of the
Republic of Korea, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Hirono (for herself, Mr. Mullin, and Mr. Ossoff) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide highly-skilled nonimmigrant visas for nationals of the
Republic of Korea, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partner with Korea Act''.
SEC. 2. RECIPROCAL VISAS FOR NATIONALS OF SOUTH KOREA.
(a) In General.--Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) by striking ``: (i) solely to carry'' and inserting the
following: ``--
``(i) solely to carry'';
(2) by striking ``(ii) solely to develop'' and inserting
the following:
``(ii) solely to develop'';
(3) by striking ``or (iii) solely to perform'' and
inserting the following:
``(iii) solely to perform''; and
(4) by adding at the end the following: ``or
``(iv) solely to perform services in a specialty
occupation in the United States if the alien is a
national of the Republic of Korea and with respect to
whom the Secretary of Labor certifies to the Secretary
of Homeland Security and the Secretary of State that
the intending employer has filed an attestation with
the Secretary of Labor in accordance with section
212(t)(1);''.
(b) Attestation.--Section 212 of such Act (8 U.S.C. 1182), is
amended--
(1) in subsection (t), as added by section 402(b)(2) of the
United States-Chile Free Trade Agreement Implementation Act
(Public Law 108-77; 117 Stat. 941)--
(A) by striking ``section 101(a)(15)(H)(i)(b1) or
section 101(a)(15)(E)(iii)'' each place such phrase
appears and inserting ``subparagraph (E)(iii), (E)(iv),
or (H)(i)(b1) of section 101(a)(15)''; and
(B) in clauses (i)(II), (ii)(II), and (iii)(II) of
paragraph (3)(C), by striking ``section 204, 214(c),
101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii)'' each
place it appears and inserting ``subparagraph (E)(iii),
(E)(iv), or (H)(1)(b1) of section 101(a)(15) or section
204 or 214(c)''; and
(2) by redesignating subsection (t), as added by section
1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470), as
subsection (u).
(c) Numerical Limitation.--Section 214(g) of such Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
``(12)(A) The Secretary of State may not approve more than 15,000
initial applications submitted for aliens described in section
101(a)(15)(E)(iv) in any fiscal year.
``(B) The numerical limitation under subparagraph (A) shall only
apply to principal aliens and shall not apply to the spouses or
children of such aliens.''.
(d) Specialty Occupation Defined.--Section 214(i)(1) of such Act (8
U.S.C. 1184(i)(1)) is amended by striking ``section
101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and paragraph (2),''
and inserting ``paragraph (2) of this subsection and subparagraphs
(E)(iii), (E)(iv), and (H)(i)(b) of section 101(a)(15),''.
<all>
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118S1302 | Resident Physician Shortage Reduction Act of 2023 | [
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[
"D00056... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1302 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1302
To amend title XVIII of the Social Security Act to provide for the
distribution of additional residency positions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Menendez (for himself, Mr. Boozman, Mr. Schumer, and Ms. Collins)
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 provide for the
distribution of additional residency positions, and for other 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 ``Resident Physician Shortage
Reduction Act of 2023''.
SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``and (10)'' and
inserting ``(10), and (11)'';
(2) in paragraph (4)(H)(i), by striking ``and (10)'' and
inserting ``(10), and (11)'';
(3) in paragraph (7)(E), by inserting ``paragraph (11),''
after ``paragraph (10),''; and
(4) by adding at the end the following new paragraph:
``(11) Distribution of additional residency positions.--
``(A) Additional residency positions.--
``(i) In general.--For each of fiscal years
2025 through 2031 (and succeeding fiscal years
if the Secretary determines that there are
additional residency positions available to
distribute under clause (iii)(II)), the
Secretary shall increase the otherwise
applicable resident limit for each qualifying
hospital (as defined in subparagraph (G)) that
submits a timely application under this
subparagraph by such number as the Secretary
may approve for portions of cost reporting
periods occurring on or after July 1 of the
fiscal year of the increase. Except as provided
in clause (iii), the aggregate number of
increases in the otherwise applicable resident
limit under this subparagraph shall be equal to
2,000 in each of fiscal years 2025 through
2031.
``(ii) Process for distributing
positions.--
``(I) Rounds of applications.--The
Secretary shall initiate 7 separate
rounds of applications for an increase
under clause (i), 1 round with respect
to each of fiscal years 2025 through
2031.
``(II) Number available.--In each
of such rounds, the aggregate number of
positions available for distribution in
the fiscal year as a result of an
increase in the otherwise applicable
resident limit (as described in clause
(i)) shall be distributed, plus any
additional positions available under
clause (iii).
``(III) Timing.--The Secretary
shall notify hospitals of the number of
positions distributed to the hospital
under this paragraph as result of an
increase in the otherwise applicable
resident limit by January 31 of the
fiscal year of the increase. Such
increase shall be effective for
portions of cost reporting periods
beginning on or after July 1 of that
fiscal year.
``(iii) Positions not distributed during
the fiscal year.--
``(I) In general.--If the number of
resident full-time equivalent positions
distributed under this paragraph in a
fiscal year is less than the aggregate
number of positions available for
distribution in the fiscal year (as
described in clause (i), including
after application of this subclause),
the difference between such number
distributed and such number available
for distribution shall be added to the
aggregate number of positions available
for distribution in the following
fiscal year.
``(II) Exception if positions not
distributed by end of fiscal year
2031.--If the aggregate number of
positions distributed under this
paragraph during the 7-year period of
fiscal years 2025 through 2031 is less
than 14,000, the Secretary shall, in
accordance with the considerations
described in subparagraph (B)(i) and
the priority described in subparagraph
(B)(ii), conduct an application and
distribution process in each subsequent
fiscal year until such time as the
aggregate amount of positions
distributed under this paragraph is
equal to 14,000.
``(B) Distribution to certain hospitals.--
``(i) Consideration in distribution.--In
determining for which hospitals the increase in
the otherwise applicable resident limit is
provided under subparagraph (A), the Secretary
shall take into account the demonstrated
likelihood of the hospital filling the
positions made available under this paragraph
within the first 5 cost reporting periods
beginning after the date the increase would be
effective, as determined by the Secretary.
``(ii) Minimum distribution for certain
categories of hospitals.--With respect to the
aggregate number of such positions available
for distribution under this paragraph, the
Secretary shall distribute not less than 10
percent of such aggregate number to each of the
following categories of hospitals:
``(I) Hospitals that are located in
a rural area (as defined in subsection
(d)(2)(D)) or are treated as being
located in a rural area pursuant to
subsection (d)(8)(E).
``(II) Hospitals in which the
reference resident level of the
hospital (as specified in subparagraph
(G)(iii)) is greater than the otherwise
applicable resident limit.
``(III) Hospitals in States with--
``(aa) new medical schools
that received `Candidate
School' status from the Liaison
Committee on Medical Education
or that received `Pre-
Accreditation' status from the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation on or after
January 1, 2000, and that have
achieved or continue to
progress toward `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or toward `Accreditation'
status (as such term is defined
by the American Osteopathic
Association Commission on
Osteopathic College
Accreditation); or
``(bb) additional locations
and branch campuses established
on or after January 1, 2000, by
medical schools with `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or `Accreditation' status (as
such term is defined by the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation).
``(IV) Hospitals that serve areas
designated as health professional
shortage areas under section
332(a)(1)(A) of the Public Health
Service Act, as determined by the
Secretary.
``(iii) Special rule.--In distributing
positions under clause (ii), the Secretary
shall not prioritize hospitals in multiple
categories over hospitals in an individual
category or based on section 332 of the Public
Health Service Act.
``(C) Prohibition on distribution to hospitals
without an increase agreement.--No increase in the
otherwise applicable resident limit of a hospital may
be made under this paragraph unless such hospital
agrees to increase the total number of full-time
equivalent residency positions under the approved
medical residency training program of such hospital by
the number of such positions made available by such
increase under this paragraph.
``(D) Limitation.--
``(i) In general.--Except as provided in
clause (ii), a hospital may not receive more
than 75 full-time equivalent additional
residency positions in the aggregate under this
paragraph and paragraphs (9) and (10) over the
period of fiscal years 2025 through 2031.
``(ii) Increase in number of additional
positions a hospital may receive.--The
Secretary shall increase the aggregate number
of full-time equivalent additional residency
positions a hospital may receive under this
paragraph over such period if the Secretary
estimates that the number of positions
available for distribution under subparagraph
(A) exceeds the number of applications approved
under such subparagraph over such period.
``(E) Application of per resident amounts for
primary care and nonprimary care.--With respect to
additional residency positions in a hospital
attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are
deemed to be equal to the hospital per resident amounts
for primary care and nonprimary care computed under
paragraph (2)(D) for that hospital.
``(F) Permitting facilities to apply aggregation
rules.--The Secretary shall permit hospitals receiving
additional residency positions attributable to the
increase provided under this paragraph to, beginning in
the fifth year after the effective date of such
increase, apply such positions to the limitation amount
under paragraph (4)(F) that may be aggregated pursuant
to paragraph (4)(H) among members of the same
affiliated group.
``(G) Definitions.--In this paragraph:
``(i) Otherwise applicable resident
limit.--The term `otherwise applicable resident
limit' means, with respect to a hospital, the
limit otherwise applicable under subparagraphs
(F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without
regard to this paragraph but taking into
account paragraphs (7)(A), (7)(B), (8)(A),
(8)(B), (9)(A), (9)(B), (10)(A), and (10)(B).
``(ii) Qualifying hospital.--The term
`qualifying hospital' means a hospital
described in any of subclauses (I) through (IV)
of subparagraph (B)(ii).
``(iii) Reference resident level.--The term
`reference resident level' means, with respect
to a hospital, the resident level for the most
recent cost reporting period of the hospital
ending on or before the date of enactment of
this paragraph, for which a cost report has
been settled (or, if not, submitted (subject to
audit)), as determined by the Secretary.
``(iv) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).''.
(b) IME.--
(1) In general.--Section 1886(d)(5)(B)(v) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third
sentence, is amended by striking ``and (h)(10)'' and inserting
``(h)(10), and (h)(11)''.
(2) Conforming provision.--Section 1886(d)(5)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by
adding after clause (xiii) the following new clause:
``(ix) For discharges occurring on or after July 1, 2025,
insofar as an additional payment amount under this subparagraph
is attributable to resident positions distributed to a hospital
under subsection (h)(10), the indirect teaching adjustment
factor shall be computed in the same manner as provided under
clause (ii) with respect to such resident positions.''.
SEC. 3. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study on strategies for increasing the diversity of the health
professional workforce. Such study shall include an analysis of
strategies for increasing the number of health professionals from
rural, lower income, and underrepresented minority communities,
including which strategies are most effective for achieving such goal.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
on the study conducted under subsection (a), together with
recommendations for such legislation and administrative action as the
Comptroller General determines appropriate.
<all>
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118S1303 | TICKET Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1303 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1303
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Cruz (for himself and Ms. Cantwell) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency In Charges for Key
Events Ticketing Act'' or the ``TICKET Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission; event; event ticket; ticket issuer.--The
terms ``Commission'', ``event'', ``event ticket'', and ``ticket
issuer'' have the same meanings as in the Better Online Ticket
Sales Act of 2016 (Public Law 114-274).
(2) Base event ticket price.--The term ``base event ticket
price'' means, with respect to an event ticket, the price of
the event ticket excluding the cost of any event ticket fees.
(3) Total event ticket price.--The term ``total event
ticket price'' means, with respect to an event ticket, the
total cost of the event ticket, including the base event ticket
price and any event ticket fees.
(4) Event ticket fee.--The term ``event ticket fee'' means
a charge that must be paid in addition to the base event ticket
price in order to obtain an event ticket from a ticket issuer
or secondary market ticket issuer, including service fees,
charge and order processing fees, delivery fees, facility
charge fees, taxes, and other charges, and does not include any
charge or fee for an optional product or service associated
with the event that may be selected by a purchaser of an event
ticket.
(5) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or take possession
of an event ticket.
(6) Secondary market ticket issuer.--The term ``secondary
market ticket issuer'' means any entity for which it is in the
regular course of the trade or business of the entity to resell
or make a secondary sale of an event ticket to the general
public.
(7) Resale; secondary sale.--The terms ``resale'' and
``secondary sale'' mean any sale of an event ticket that occurs
after the initial sale of the event ticket by a ticket issuer.
SEC. 3. TICKET TRANSPARENCY REQUIREMENTS.
(a) Disclosure of Pricing Information.--Beginning 90 days after the
date of enactment of this Act, it shall be unlawful for a ticket issuer
or secondary market ticket issuer to offer for sale an event ticket
unless the ticket issuer or secondary market ticket issuer clearly and
conspicuously displays the total event ticket price in any
advertisement, marketing, or price list wherever the ticket is offered
for sale and clearly and conspicuously discloses to any individual who
seeks to purchase an event ticket at the beginning of the transaction
and prior to the individual's selection of an event ticket to purchase,
the total event ticket price and an itemized list of the base event
ticket price and each event ticket fee.
(b) Disclosure of Speculative Ticketing.--Beginning 90 days after
enactment of this Act, it shall be unlawful for a ticket issuer or
secondary market ticket issuer that does not have actual or
constructive possession of an event ticket to sell or offer for sale
the event ticket unless the ticket issuer or secondary market ticket
issuer displays in a clear and conspicuous manner and prior to an
individual's selection of an event ticket to purchase a statement that
the ticket issuer or secondary market ticket issuer does not possess
the ticket at the time the ticket is being sold or offered for sale.
SEC. 4. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of section 3
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)).
(b) Powers of Commission.--
(1) In general.--The Commission shall enforce section 3 in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this Act.
(2) Privileges and immunities.--Any person who violates
section 3 shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
<all>
</pre></body></html>
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118S1304 | DIRTY CAR EV Act of 2023 | [
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[From the U.S. Government Publishing Office]
[S. 1304 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1304
To require the Comptroller General of the United States to conduct a
study on the carbon footprint and environmental impacts of electric
vehicles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Scott of Florida (for himself, Mr. Barrasso, Mr. Lee, Mr. Marshall,
Mr. Sullivan, and Mr. Cruz) introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To require the Comptroller General of the United States to conduct a
study on the carbon footprint and environmental impacts of electric
vehicles, and for other 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 ``Directing Independent Research To
Yield Carbon Assessment Regarding Electric Vehicles Act of 2023'' or
the ``DIRTY CAR EV Act of 2023''.
SEC. 2. STUDY ON CARBON FOOTPRINT AND ENVIRONMENTAL IMPACT OF AN
ELECTRIC VEHICLE ECOSYSTEM.
(a) In General.--The Comptroller General of the United States, in
consultation with the Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall conduct a study on the total
carbon footprint and environmental impact of an electric vehicle
ecosystem, including--
(1) the production of batteries used in electric vehicles,
including the mining and processing of minerals for those
batteries;
(2) the production, transmission, and distribution of
electricity used to charge and power electric vehicles; and
(3) all other aspects of the production, use, and disposal
of electric vehicles, including all minerals necessary for, and
components of, electric vehicles.
(b) Requirement.--In conducting the study under subsection (a), the
Comptroller General of the United States shall conduct a thorough
analysis of--
(1) the burden on electric grids across the United States
that would result from full adoption of electric vehicles in
the United States;
(2) the costs and implications of building out a national
network of charging stations and home charging to support full
adoption of electric vehicles in the United States;
(3) ongoing costs to maintain an electric vehicle ecosystem
that supports full adoption of electric vehicles in the United
States; and
(4) the cost implications on repairing and strengthening
roads and bridges.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress and make publicly available a report describing the results of
the study conducted under subsection (a), including the analysis
conducted under subsection (b).
<all>
</pre></body></html>
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118S1305 | School Guardian Act of 2023 | [
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1305 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1305
To provide block grants to assign armed law enforcement officers to
elementary and secondary schools.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide block grants to assign armed law enforcement officers to
elementary and secondary schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Guardian Act of 2023''.
SEC. 2. SCHOOL GUARDIAN GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART PP--SCHOOL GUARDIAN GRANTS
``SEC. 3061. GRANTS FOR LAW ENFORCEMENT OFFICERS AT SCHOOLS.
``(a) Definitions.--In this section--
``(1) the term `K-12 school' means an elementary school or
secondary school, as such terms are defined under section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801); and
``(2) the term `local educational agency' has the meaning
given such term under section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(b) Grant Authorization.--Subject to the availability of
appropriations, the Attorney General shall make a grant to each State
that elects to receive a grant under this section for the cost of
assigning armed law enforcement officers to provide security at K-12
schools, which may be used for the cost of pay, training, and equipment
for the law enforcement officers.
``(c) Amount.--A grant under this section to a State for a fiscal
year shall be in an amount that bears the same ratio to the total
amount awarded under this section for the fiscal year as the total
number of individuals attending a K-12 school in the State bears to the
total number of individuals attending a K-12 school in the United
States.
``(d) Administration of Grants.--The use of, and award of subgrants
using, amounts received under this section shall be administered by the
head of the chief law enforcement agency of a State.
``(e) Subgrants.--
``(1) In general.--The head of the chief law enforcement
officer of a State may award a subgrant to a law enforcement
agency of a unit of local government in the State for the cost
of hiring 1 or more full-time law enforcement officers who will
be assigned to provide full-time security at K-12 schools.
``(2) Agreements.--
``(A) In general.--A law enforcement agency of a
unit of local government desiring a subgrant under this
subsection shall enter into a written agreement with
each K-12 school in the jurisdiction of the agency, or
with the local educational agency that serves such K-12
school, which shall indicate the number of law
enforcement officers the law enforcement agency will
hire and assign to each such K-12 school if awarded a
subgrant.
``(B) Officers at each school.--The written
agreements entered into by a law enforcement agency
under subparagraph (A) shall provide for the hiring of
not less than 1 full-time law enforcement officer who
will be assigned to provide full-time security at each
K-12 school in the jurisdiction of the law enforcement
agency.
``(3) Amount.--The amount of a subgrant under this
subsection to a law enforcement agency of a unit of local
government shall be based on the number of law enforcement
officers the law enforcement agency will hire, as indicated in
the written agreements described in paragraph (2).
``(f) Reporting.--Each State that receives a grant under this
section for a fiscal year shall submit to the Attorney General a report
regarding the use of the grant for that fiscal year, which shall
include--
``(1) the number of subgrants awarded;
``(2) the amount of each subgrant awarded;
``(3) the number of law enforcement officers hired to
provide security at a K-12 school using amounts received under
the grant; and
``(4) the number of K-12 schools in the State with 1 or
more full-time law enforcement officers for whom the cost of
the pay, training, or equipment for the law enforcement
officers was paid using amounts received under the grant.
``(g) Failure To Use Amounts.--
``(1) Return.--A State shall return to the Attorney General
any amounts received under a grant under this section for a
fiscal year which are unobligated as of the day after the last
day of the fiscal year.
``(2) Use.--Amounts returned to the Attorney General under
paragraph (1) shall be merged with other amounts available to
carry out this section and remain available until expended to
the Attorney General to make grants under this section, without
further appropriation.
``(3) Reporting.--The Attorney General shall submit to
Congress a report that provides, for each fiscal year, the
total amount of funds provided for that fiscal year that are
returned under paragraph (1) and the amount of funds provided
for that fiscal year that are returned under paragraph (1) by
each State.
``(h) Funding.--
``(1) In general.--Effective on the date of enactment of
this Act, of the unobligated balances of amounts made available
to the Internal Revenue Service under Public Law 117-169 (136
Stat. 1818), $80,000,000,000 shall be transferred, on a pro
rata basis, to the Attorney General to carry out this section.
``(2) Availability and use.--Amounts transferred under
paragraph (1) shall be merged with, and subject to the same
terms and conditions as, other amounts available to carry out
this section, and shall remain available until expended.
``(3) Annual availability of amounts.--From amounts
transferred under paragraph (1), the Attorney General may make
not more than $8,000,000,000 in grants under this section for
each of fiscal years 2024 through 2033.''.
<all>
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118S1306 | COPS Reauthorization Act of 2023 | [
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
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[
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"Sen. Coons, Christopher A. [D-DE]",
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[
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"cosponsor"
],
[
"F000062... | <p><strong></strong><b>COPS Reauthorization Act of 2023 </b></p> <p>This bill reauthorizes through FY2029 the Community Oriented Policing Services grant program.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1306 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1306
To reauthorize the COPS ON THE BEAT grant program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself, Ms. Murkowski, Mr. Coons, Mr. Tillis, Mrs.
Feinstein, and Mr. Graham) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the COPS ON THE BEAT grant program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Reauthorization Act of 2023''.
SEC. 2. REAUTHORIZATION OF COPS ON THE BEAT GRANT PROGRAM.
Section 1001(a)(11)(A) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by
striking ``$1,047,119,000 for each of fiscal years 2006 through 2009''
and inserting ``$651,000,000 for each of fiscal years 2024 through
2029''.
<all>
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118S1307 | Right to Read Act of 2023 | [
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1307 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1307
To ensure that students in schools have a right to read, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Reed introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that students in schools have a right to read, and for other
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 ``Right to Read Act of 2023''.
SEC. 2. DEFINITIONS.
Section 8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (19) through (28),
paragraphs (29) through (43), paragraphs (44) through (49), and
paragraphs (50) through (52) as paragraphs (20) through (29),
paragraphs (31) through (45), paragraphs (47) through (52), and
paragraphs (54) through (56), respectively;
(2) by inserting after paragraph (18) the following:
``(19) Effective school library.--The term `effective
school library' means a library that--
``(A) is staffed by supporting staff and at least
one full-time State-certified school librarian who--
``(i) is an instructional leader,
information specialist, and teacher;
``(ii) supports the digital learning
environment and the development of
participatory learning, inquiry learning,
digital literacy, and information literacy; and
``(iii) supports, supplements, and elevates
the literacy experience through guidance in
reading for learning and motivational reading
initiatives in order to enhance student
achievement and foster lifelong reading and
learning;
``(B) is otherwise adequately staffed to be open to
students before, during, and after the school day;
``(C) has a sufficient collection of professionally
curated up-to-date digital and print materials and
technology, including openly licensed educational
resources;
``(D) provides appropriate facilities for
maintaining and providing equitable access to
materials, technology, connectivity, and library and
literacy instruction;
``(E) provides regular skills development or
training for classroom teachers, school librarians,
library paraprofessional staff, and other educators;
``(F) provides opportunities for collaboration
between classroom teachers and school librarians; and
``(G) implements nationally recognized professional
standards of practice.'';
(3) by inserting after paragraph (29), as redesignated by
paragraph (1), the following:
``(30) Information literacy.--The term `information
literacy' means the set of skills needed to find, retrieve,
understand, evaluate, analyze, and effectively use information
(which encompasses spoken and broadcast words and videos,
printed materials, and digital content, data, and images).'';
(4) by inserting after paragraph (45), as redesignated by
paragraph (1), the following:
``(46) Right to read.--The term `right to read' means all
students have access to--
``(A) linguistically and developmentally
appropriate, evidence-based reading instruction;
``(B) effective school libraries;
``(C) family literacy support;
``(D) culturally diverse and inclusive materials;
``(E) reading materials in the home; and
``(F) the freedom to choose reading materials.'';
and
(5) by inserting after paragraph (52), as redesignated by
paragraph (1), the following:
``(53) Teacher.--The term `teacher' includes a school
librarian.''.
SEC. 3. AMENDMENTS TO TITLE I.
(a) State Plans.--Section 1111 of that Act (20 U.S.C. 6311) is
amended--
(1) in subsection (a)(4)(A)(ii)(I)(aa), by inserting
``(including school librarians)'' after ``teachers''; and
(2) in subsection (g)--
(A) in paragraph (1)--
(i) by redesignating subparagraph (G) as
subparagraph (H);
(ii) in subparagraph (F), by striking
``and'' after the semicolon;
(iii) by inserting after subparagraph (F)
the following:
``(G) how the State will work to ensure that low-
income students, minority students, students with
disabilities, and English learners are not
disproportionally enrolled in schools that lack an
effective school library, and the measures the State
educational agency will use to evaluate and publicly
report the progress of the State educational agency
with respect to ensuring such access to an effective
school library; and''; and
(iv) in subparagraph (H), as redesignated
by clause (i), by inserting ``, including the
development of digital literacy and information
literacy skills'' after ``academic standards'';
and
(B) in paragraph (2)--
(i) in subparagraph (J), by inserting
``(including school librarians)'' after
``teachers'';
(ii) in subparagraph (M), by striking
``and'' after the semicolon;
(iii) in subparagraph (N), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(O) the State educational agency has a policy
regarding the right to read and will notify local
educational agencies, Indian tribes and tribal
organizations, schools, teachers, school librarians,
principals, other school leaders, specialized support
personnel, parents, and the public of such policy.''.
(b) Local Educational Agency Plans.--Section 1112 of that Act (20
U.S.C. 6312) is amended--
(1) in subsection (a)(1)(A), by inserting ``(including
school librarians)'' after ``teachers''; and
(2) in subsection (b)--
(A) in paragraph (12)(B), by striking ``and'' after
the semicolon;
(B) by striking paragraph (13); and
(C) by adding at the end the following:
``(13) how the local educational agency will--
``(A) support and improve effective school
libraries by supporting the work of State-certified
school librarians to ensure that students have
equitable access to such libraries; and
``(B) assist schools in developing effective school
libraries to provide students an opportunity to develop
digital literacy and information literacy skills and
improve academic achievement;
``(14) the policies the local educational agency has in
place to protect the right to read; and
``(15) any other information on how the local educational
agency proposes to use funds to meet the purposes of this part,
and that the local educational agency determines appropriate to
provide, which may include a description of how the local
educational agency will assist schools in identifying and
serving gifted and talented students.''.
SEC. 4. AMENDMENTS TO TITLE II.
(a) Authorization of Appropriations.--Section 2003 of that Act (20
U.S.C. 6603) is amended--
(1) in subsection (b), by inserting ``except for subpart
2,'' after ``part B,''; and
(2) by adding at the end the following:
``(c) Literacy Education for All, Results for the Nation.--There
are authorized to be appropriated--
``(1) for grants authorized under section 2222,
$500,000,000 for fiscal year 2024 and each of the succeeding 4
fiscal years; and
``(2) for grants authorized under section 2226,
$100,000,000 for fiscal year 2024 and each of the succeeding 4
fiscal years.''.
(b) Formula Grants to States.--Section 2101 of that Act (20 U.S.C.
6611) is amended--
(1) in subsection (c)(4)(B)--
(A) by redesignating clauses (xiv) through (xxi) as
clauses (xvii) through (xxiv), respectively;
(B) by striking clause (xiii) and inserting the
following:
``(xiii) Supporting and improving effective
school libraries that involve collaboration
with State-certified school librarians.''; and
(C) by inserting after clause (xiii) the following:
``(xiv) Developing, improving, and
implementing mechanisms to assist local
educational agencies and schools in effectively
recruiting, hiring, and retaining State-
certified school librarians.
``(xv) Providing training to school
librarians, teachers, and school leaders on how
to leverage effective school libraries for
academic achievement, digital literacy,
information literacy, and student and family
engagement.
``(xvi) Providing training to library
paraprofessional and other library staff to
improve the effectiveness of school library
programs.''; and
(2) in subsection (d)(3)(A), by inserting ``(including
school librarians)'' after ``teachers''.
(c) Local Uses of Funds.--Section 2103(b)(3) of that Act (20 U.S.C.
6613(b)(3)) is amended by striking subparagraph (K) and inserting the
following:
``(K) programs and activities to support and
improve effective school libraries that involve
collaboration with State-certified school librarians,
such as efforts to promote and support digital
literacy, information literacy, extended student
inquiry, and capstone projects;''.
(d) Reservations.--Section 2201 of that Act (20 U.S.C. 6621) is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(e) Learn Purposes and Definitions.--Section 2221(b) of that Act
(20 U.S.C. 6641(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (K), by striking ``and'' after
the semicolon;
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(M) provides opportunities for students to
develop digital literacy and information literacy
skills.''; and
(2) in paragraph (2)(C), by inserting ``public libraries,
or pediatric literacy programs'' after ``which may include
early childhood education programs''.
(f) Comprehensive Literacy State Development Grants.--Section 2222
of that Act (20 U.S.C. 6642) is amended--
(1) in subsection (a), by striking ``From the amounts
reserved by the Secretary under section 2201(2) and not
reserved under subsection (b),'' and inserting ``From amounts
appropriated to carry out this section''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``reserved to carry out this subpart'' and
inserting ``appropriated to carry out this section'';
and
(B) in paragraphs (2) and (3), by striking
``subpart'' and inserting ``section'' each place the
term appears;
(3) in subsection (d)--
(A) in paragraph (1), by striking ``and the State
agency responsible for administering child care
programs'' and inserting ``the State agency responsible
for administering child care programs in the State, and
the State library administrative agency''; and
(B) in paragraph (2)(A), by inserting ``, diverse
high quality print materials, and effective school
libraries,'' after ``teachers of literacy''; and
(4) in subsection (f)(2)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Providing technical assistance to eligible
entities in the development of effective school
libraries, which may include establishing a statewide
office to coordinate technical assistance for such
libraries.''.
(g) Subgrants to Eligible Entities in Support of Birth Through
Kindergarten Entry Literacy.--Section 2223(a)(1) of that Act (20 U.S.C.
6643(a)(1)) is amended by inserting ``the State library administrative
agency,'' before ``and, if applicable,''.
(h) Innovative Approaches to Literacy.--Section 2226(a) of that Act
(20 U.S.C. 6646(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``From amounts reserved under section 2201(2)'' and inserting
``From amounts appropriated to carry out this section'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) increasing the number of State-certified school
librarians supporting students in high need schools;''.
(i) Technical Amendments.--
(1) Section 2231(a) of that Act (20 U.S.C. 6661(a)) is
amended, in the matter preceding paragraph (1) by striking
``section 2201(3)'' and inserting ``section 2201(2)''.
(2) Section 2241 of that Act (20 U.S.C. 6671) is amended,
in the matter preceding paragraph (1), by striking ``section
2201(4)'' and inserting ``section 2201(3)''.
SEC. 5. AMENDMENTS TO TITLE IV.
(a) State Use of Funds.--Section 4104(b)(3)(A)(i) of that Act (20
U.S.C. 7114(b)(3)(A)(i)) is amended--
(1) by redesignating subclauses (VI) and (VII) as
subclauses (VII) and (VIII), respectively; and
(2) by inserting after subclause (V) the following:
``(VI) digital literacy and
information literacy activities and
programs, including those provided
through effective school libraries;''.
(b) Activities To Support Well-Rounded Educational Opportunities.--
Section 4107(a)(3) of that Act (20 U.S.C. 7117(a)(3)) is amended--
(1) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively; and
(2) by inserting after subparagraph (H) the following:
``(I) programs and activities the promote the
development of digital literacy and information
literacy skills, including those provided through an
effective school library;''.
SEC. 6. DATA COLLECTION AND REPORTING ON SCHOOL LIBRARIES.
(a) Data Collection.--The Secretary of Education shall direct the
National Center for Education Statistics to biennially collect data on
elementary school and secondary school libraries.
(b) Elements.--The data collected biennially under subsection (a)
shall include--
(1) the number and percentage of elementary schools and
secondary schools in each State that have dedicated school
library facilities located on the grounds of the school and the
square footage of each such library facility;
(2) the number and percentage of schools counted under
paragraph (1) that employ at least one full-time State-
certified school librarian; and
(3) with respect to each elementary and secondary school
library--
(A) the number of State-certified school
librarians;
(B) the number of additional school library staff;
(C) the number and types of physical collections or
assets;
(D) the number and types of virtual collections or
databases the school library has access to;
(E) the number and types of student use devices
managed by school library staff;
(F) the amount of time State-certified school
librarians spend planning with teachers and instructing
students;
(G) the amount of time State-certified school
librarians spend planning with and providing
professional development for teachers; and
(H) other pertinent information that the Secretary
of Education determines is important in order to
support effective school libraries.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act and every two years thereafter, the Secretary of
Education shall submit to Congress a report that includes the data
collected under this section.
(d) ESEA Terms.--In this section, the terms ``elementary school''
and ``secondary school'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.
SEC. 7. LIABILITY PROTECTIONS RELATED TO THE RIGHT TO READ.
(a) In General.--Section 8556 of that Act (20 U.S.C. 7946) is
amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Liability Protections Related to the Right To Read.--No
teacher, school librarian, school leader, paraprofessional, or other
staff shall be liable for harm caused by an act or omission of such
person if the actions were carried out in conformity with State or
local policies regarding the right to read.'';
(3) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting ``subsection
(c)'';
(4) in subsection (c)(3), as redesignated by paragraph (1),
by striking ``A State law that'' and inserting ``Except with
respect to subsection (b), a State law that''; and
(5) in subsection (f), as redesignated by paragraph (1)--
(A) in paragraph (1), by striking ``Nothing in this
section'' and inserting ``Except with respect to
subsection (b), nothing in this section''; and
(B) in paragraph (2), by striking ``Nothing in this
subpart'' and inserting ``Except with respect to
subsection (b), nothing in this subpart''.
(b) Preemption and Election of State Nonapplicability.--Section
8555(b) of that Act (20 U.S.C. 7945(b)) is amended by striking ``This
subpart shall not apply'' and inserting ``Except for section 8556(b),
this subpart shall not apply''.
SEC. 8. PROTECTING CONSTITUTIONAL RIGHTS IN SCHOOL LIBRARIES.
Subpart 2 of part F of title VIII of that Act (20 U.S.C. 7901 et
seq.) is amended by adding at the end the following:
``SEC. 8549D. PROTECTING CONSTITUTIONAL RIGHTS IN SCHOOL LIBRARIES.
``The Secretary shall require an assurance from each State and
local educational agency receiving funds under this Act confirming that
the State or local educational agency--
``(1) will protect the First Amendment rights of students
in school libraries and will affirmatively further the right to
receive information by--
``(A) providing access to a variety of reading
materials;
``(B) recognizing that public schools prepare
individuals for participation as citizens;
``(C) recognizing that school boards have important
and discretionary functions;
``(D) acknowledging that among a school board's
functions is a role to play in determining the holdings
of a school library;
``(E) understanding the importance of First
Amendment protections in school libraries as centers
for voluntary inquiry and the dissemination of
information and ideas;
``(F) understanding that school boards must
exercise their discretionary authority in a manner that
comports with First Amendment protections and
imperatives; and
``(G) understanding that the exercise of a school
board's role in determining the holdings of a school
library may not be done in a manner that is partisan,
political, or otherwise aimed at prescribing particular
schools of thought or opinion; and
``(2) will provide equal protection in the conduct of
school libraries in compliance with the requirements of the
Fourteenth Amendment and nondiscrimination laws.''.
<all>
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118S1308 | A bill to amend the Indian Self-Determination and Education Assistance Act to extend the deadline for the Secretary of the Interior to promulgate regulations implementing title IV of that Act, and for other purposes. | [
[
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"Sen. Hoeven, John [R-ND]",
"sponsor"
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"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1308 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1308
To amend the Indian Self-Determination and Education Assistance Act to
extend the deadline for the Secretary of the Interior to promulgate
regulations implementing title IV of that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Hoeven (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Self-Determination and Education Assistance Act to
extend the deadline for the Secretary of the Interior to promulgate
regulations implementing title IV of that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXTENSION OF DEADLINE TO PROMULGATE CERTAIN REGULATIONS.
Section 413(a) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5373(a)) is amended--
(1) in paragraph (2), by striking ``21 months'' and
inserting ``35 months''; and
(2) in paragraph (3), by striking ``30 months'' and
inserting ``47 months''.
<all>
</pre></body></html>
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118S1309 | Student Veterans Transparency and Protection Act of 2023 | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1309 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1309
To require the Secretary of Veterans Affairs to improve how the
Department of Veterans Affairs discloses to individuals entitled to
educational assistance from the Department risks associated with using
such assistance at particular educational institutions and to restore
entitlement of students to such assistance who are pursuing programs of
education at educational institutions that are subject to Federal or
State civil enforcement action, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Schatz (for himself and Mr. Rounds) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to improve how the
Department of Veterans Affairs discloses to individuals entitled to
educational assistance from the Department risks associated with using
such assistance at particular educational institutions and to restore
entitlement of students to such assistance who are pursuing programs of
education at educational institutions that are subject to Federal or
State civil enforcement action, and for other 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 ``Student Veterans Transparency and
Protection Act of 2023''.
SEC. 2. IMPROVING TRANSPARENCY AND ACCOUNTABILITY OF EDUCATIONAL
INSTITUTIONS FOR PURPOSES OF VETERANS EDUCATIONAL
ASSISTANCE.
(a) Requirement Relating to G.I. Bill Comparison Tool.--
(1) Requirement to maintain tool.--The Secretary of
Veterans Affairs shall maintain the G.I. Bill Comparison Tool
that was established pursuant to Executive Order 13607 (77 Fed.
Reg. 25861; relating to establishing principles of excellence
for educational institutions serving service members, veterans,
spouses, and other family members) and in effect on the day
before the date of the enactment of this Act, or successor
tool, to provide relevant and timely information about programs
of education approved under chapter 36 of title 38, United
States Code, and the educational institutions that offer such
programs.
(2) Data retention.--The Secretary shall ensure that
historical data that is reported via the tool maintained under
paragraph (1) remains easily and prominently accessible on the
benefits.va.gov website, or successor website, for a period of
not less than seven years from the date of initial publication.
(b) Providing Timely and Relevant Education Information to
Veterans, Members of the Armed Forces, and Other Individuals.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in coordination with the Secretary of Education, shall make
such changes to the tool maintained under subsection (a) as the
Secretary determines appropriate to ensure that such tool is an
effective and efficient method for providing information
pursuant to section 3698(b)(5) of title 38, United States Code.
(2) Modification of scope of comprehensive policy on
providing education information.--Section 3698 of title 38,
United States Code, is amended--
(A) in subsection (a), by striking ``veterans and
members of the Armed Forces'' and inserting
``individuals entitled to educational assistance under
laws administered by the Secretary of Veterans
Affairs''; and
(B) in subsection (b)(5)--
(i) by striking ``veterans and members of
the Armed Forces'' and inserting ``individuals
described in subsection (a)''; and
(ii) by striking ``the veteran or member''
and inserting ``the individual''.
(3) G.I. bill comparison tool required disclosures.--
Paragraph (1) of subsection (c) of such section is amended--
(A) by striking subparagraph (B) and inserting the
following:
``(B) for each individual described in subsection
(a) seeking information provided under subsection
(b)(5) the name of each Federal student aid program,
and a description of each such program, from which the
individual may receive educational assistance.'';
(B) in subparagraph (C)--
(i) in clause (i), by inserting ``and a
definition of each type of institution;''
before the semicolon;
(ii) in clause (iv), by inserting ``and if
so, which programs;'' before the semicolon;
(iii) by striking clause (v) and inserting
the following:
``(v) the average annual cost to earn an
associate's degree and a bachelor's degree, with
available cost information on any other degree or
credential the institution awards;'';
(iv) in clause (vi), by inserting before
the semicolon ``disaggregated by--
``(I) individuals who received a credential
and individuals who did not; and
``(II) individuals using educational
assistance under laws administered by the
Secretary and individuals who are not'';
(v) in clause (xv), by striking the period
at the end and inserting a semicolon; and
(vi) by adding at the end the following new
clauses:
``(xvi) transfer-out rates;
``(xvii) credentials available and the average time
for completion of each credential;
``(xviii) employment rate and median income of
graduates of the institution in general, disaggregated
by--
``(I) specific credential; and
``(II) individuals using educational
assistance under laws administered by the
Secretary and individuals who are not;
``(xix) the number of individuals using educational
assistance under laws administered by the Secretary who
are enrolled in the institution per year; and
``(xx) a list of each civil settlement or finding
resulting from a Federal or State action in a court of
competent jurisdiction against the institution for
violation of a provision of Federal or State law that
materially affects the education provided at the
institution or is the result of illicit activity,
including deceptive marketing or misinformation
provided to prospective students or current
enrollees.''.
(4) Clarity of information provided.--Paragraph (2) of such
subsection is amended--
(A) by inserting ``(A)'' before ``To the extent'';
and
(B) by adding at the end the following new
subparagraph:
``(B) The Secretary shall ensure that information provided under
subsection (b)(5) is provided in a manner that is easy and accessible
to individuals described in subsection (a).''.
(c) Improvements for Student Feedback.--
(1) In general.--Subsection (b)(2) of such section is
amended--
(A) by amending subparagraph (A) to read as
follows:
``(A) provides institutions of higher learning up
to 90 days to review and respond to any feedback and
address issues regarding the feedback before the
feedback is published;'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(D) for each institution of higher learning that
is approved under this chapter, retains, maintains, and
publishes all of such feedback for the entire duration
that the institution of higher is approved under this
chapter; and
``(E) is easily accessible to individuals described
in subsection (a) and to the general public.''.
(2) Accessibility from g.i. bill comparison tool.--The
Secretary shall ensure that--
(A) the feedback tracked and published under
subsection (b)(2) of such section, as amended by
paragraph (1), is prominently displayed in the tool
maintained under subsection (a) of this section; and
(B) when such tool displays information for an
institution of higher learning, the applicable feedback
is also displayed for such institution of higher
learning.
(d) Training for Provision of Education Counseling Services.--
(1) In general.--Not less than one year after the date of
the enactment of this Act, the Secretary shall ensure that
personnel employed or contracted by the Department of Veteran
Affairs to provide education benefits counseling, vocational or
transition assistance, or similar functions, including
employees or contractors of the Department who provide such
counseling or assistance as part of the Transition Assistance
Program, are trained on how--
(A) to use properly the tool maintained under
subsection (a); and
(B) to provide appropriate educational counseling
services to individuals described in section 3698(a) of
such title, as amended by subsection (b)(2)(A).
(2) Transition assistance program defined.--In this
subsection, the term ``Transition Assistance Program'' means
the program of counseling, information, and services under
section 1142 of title 10, United States Code.
SEC. 3. RESTORATION OF ENTITLEMENT TO VETERANS EDUCATIONAL ASSISTANCE
AND OTHER RELIEF FOR VETERANS AFFECTED BY CIVIL
ENFORCEMENT ACTIONS AGAINST EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3699(b)(1) of title 38, United States
Code, is amended--
(1) in subparagraph (B)(ii), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) a Federal or State civil enforcement action
against the education institution; or
``(E) an action taken by the Secretary; and''.
(b) Mechanism.--The Secretary of Veterans Affairs shall establish a
simple mechanism that can be used by an individual described in
subsection (b)(1) of section 3699 of such title by reason of
subparagraph (C) or (D) of such subsection, as added by subsection
(a)(3) of this section, to obtain relief under section 3699(a) of such
title.
(c) Conforming Amendments.--
(1) Section heading.--The heading for section 3699 of such
title is amended by striking ``or disapproval of educational
institution'' and inserting ``of, disapproval of, or civil
enforcement actions against educational institutions''.
(2) Subsection heading.--The heading for subsection (a) of
such section is amended by striking ``or Disapproval'' and
inserting ``, Disapproval, Civil Enforcement Actions, and Other
Actions by Secretary of Veterans Affairs''.
(3) Table of sections.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3699 and inserting the following
new item:
``3699. Effects of closure of, disapproval of, or civil enforcement
actions against educational
institutions.''.
<all>
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118S131 | Improving Access to Workers’ Compensation for Injured Federal Workers Act of 2023 | [
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"C001035",
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] | <p><b>Improving Access to Workers' Compensation for Injured Federal Workers Act of </b><b>2023</b></p> <p>This bill expands the role of nurse practitioners and physician assistants in providing services to injured federal workers under the federal workers' compensation program. </p> <p>Specifically, under the program, nurse practitioners and physician assistants acting within the scope of their practice may (1) prescribe or recommend treatment for injured federal workers; (2) certify the nature of an injury and probable extent of disability; (3) provide prescribed treatment for injured federal workers; and (4) participate, with a physician designated by the Department of Labor, in a mandatory workers' compensation examination of an injured worker. In general, only physicians may fulfill these roles under current law.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 131 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 131
To amend chapter 81 of title 5, United States Code, to cover, for
purposes of workers' compensation under such chapter, services by
physician assistants and nurse practitioners provided to injured
Federal workers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Brown (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 81 of title 5, United States Code, to cover, for
purposes of workers' compensation under such chapter, services by
physician assistants and nurse practitioners provided to injured
Federal workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Workers'
Compensation for Injured Federal Workers Act of 2023''.
SEC. 2. INCLUSION OF PHYSICIAN ASSISTANTS AND NURSE PRACTITIONERS IN
FEDERAL EMPLOYEES' COMPENSATION ACT.
(a) Inclusion.--Section 8101 of title 5, United States Code, is
amended--
(1) in paragraph (3), by inserting ``, other eligible
providers,'' after ``osteopathic practitioners'';
(2) by striking ``and'' at the end of paragraphs (18) and
(19);
(3) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(4) by adding at the end the following:
``(21) `other eligible provider' means a nurse practitioner
or physician assistant within the scope of their practice as
defined by State law.''.
(b) Conforming Amendments.--Chapter 81 of title 5, United States
Code, is amended--
(1) in section 8103(a)--
(A) by inserting ``or other eligible provider''
after ``physician'' in each instance; and
(B) in paragraph (3), by inserting ``or other
eligible providers'' after ``physicians'';
(2) in section 8121(6), by inserting ``or other eligible
provider'' after ``physician''; and
(3) in section 8123(a)--
(A) by inserting ``or other eligible provider''
after ``The employee may have a physician''; and
(B) by inserting ``or other eligible provider''
after ``United States and the physician''.
(c) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall finalize rules to carry out
the amendments made by this Act.
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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118S1310 | America's Red Rock Wilderness Act | [
[
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"Sen. Durbin, Richard J. [D-IL]",
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[
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"Sen. Smith, Tina [D-MN]",
"cosponsor"
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[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
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],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
],
[
"M001169",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1310 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1310
To designate as wilderness certain Federal portions of the red rock
canyons of the Colorado Plateau and the Great Basin Deserts in the
State of Utah for the benefit of present and future generations of
people in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Durbin (for himself, Ms. Smith, Ms. Duckworth, Mr. Heinrich, Mr.
Murphy, Mr. Wyden, Mr. Blumenthal, Ms. Rosen, Mr. Lujan, Mr. Casey, Ms.
Stabenow, Ms. Baldwin, Ms. Klobuchar, Mr. Merkley, Mr. Booker, Mrs.
Murray, Mr. Menendez, Mr. Sanders, Ms. Cantwell, Mr. Markey, and Ms.
Warren) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To designate as wilderness certain Federal portions of the red rock
canyons of the Colorado Plateau and the Great Basin Deserts in the
State of Utah for the benefit of present and future generations of
people in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's Red Rock
Wilderness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Purposes.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Grand Staircase-Escalante Wilderness Areas.
Sec. 103. Moab-La Sal Canyons Wilderness Areas.
Sec. 104. Henry Mountains Wilderness Areas.
Sec. 105. Glen Canyon Wilderness Areas.
Sec. 106. San Juan Wilderness Areas.
Sec. 107. Canyonlands Basin Wilderness Areas.
Sec. 108. San Rafael Swell Wilderness Areas.
Sec. 109. Book Cliffs-Greater Dinosaur Wilderness Areas.
TITLE II--ADMINISTRATIVE PROVISIONS
Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Protection of Tribal rights.
Sec. 209. Management of newly acquired land.
Sec. 210. Withdrawal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(2) State.--The term ``State'' means the State of Utah.
SEC. 3. FINDINGS.
Congress finds that--
(1) the land designated as wilderness by this Act is one of
the largest remaining expanses of unprotected, wild public land
in the continental United States;
(2) the designation of wilderness by this Act would--
(A) increase landscape connectivity in the Colorado
Plateau; and
(B) help to mitigate the impacts of climate change
by--
(i) providing critical refugia;
(ii) reducing surface disturbances that
exacerbate the impacts of climate change;
(iii) reducing greenhouse gas emissions
related to the extraction and use of fossil
fuels; and
(iv) contributing to the goal of protecting
30 percent of global land and waters by 2030;
(3) the land designated as wilderness by this Act is--
(A) a living cultural landscape;
(B) a place of refuge for wild nature; and
(C) an important part of Indigenous and non-
Indigenous community values;
(4) Indian Tribes have been present on the land designated
as wilderness by this Act since time immemorial, using the
plant, animal, landform, and spiritual values for sustenance
and cultural, medicinal, and ceremonial activities, purposes
for which Indigenous people continue to use the land; and
(5) the designation of wilderness by this Act--
(A) is vital to the continuation and revitalization
of Indigenous cultures; and
(B) serves to protect places of Indigenous use and
sanctuary.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to designate as wilderness certain Federal portions of
the red rock canyons of the Colorado Plateau and the Great
Basin Deserts in the State of Utah for the benefit of present
and future generations of people in the United States;
(2) to protect the cultural, ecological, and scenic values
of land designated as wilderness by this Act for the benefit,
use, and enjoyment of present and future generations of people
in the United States; and
(3) to protect the ability of Indigenous and non-Indigenous
people to use the land designated as wilderness by this Act for
traditional activities, including hunting, fishing, hiking,
horsepacking, camping, and spirituality as people have used the
land for generations.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. GREAT BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Great Basin region of western Utah is comprised of
starkly beautiful mountain ranges that rise as islands from the
desert floor;
(2) the Wah Wah Mountains in the Great Basin region are
arid and austere, with massive cliff faces and leathery slopes
speckled with pinon and juniper;
(3) the Pilot Range and Stansbury Mountains in the Great
Basin region are high enough to draw moisture from passing
clouds and support ecosystems found nowhere else on earth;
(4) from bristlecone pine, the world's oldest living
organism, to newly flowered mountain meadows, mountains of the
Great Basin region are islands of nature that--
(A) support remarkable biological diversity; and
(B) provide opportunities to experience the
colossal silence of the Great Basin; and
(5) the Great Basin region of western Utah should be
protected and managed to ensure the preservation of the natural
conditions of the region.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bald Eagle Mountain (approximately 9,000 acres).
(2) Barn Hills (approximately 21,000 acres).
(3) Big Hollow (approximately 4,100 acres).
(4) Black Hills (approximately 8,750 acres).
(5) Broken Ridge (approximately 9,250 acres).
(6) Bullgrass Knoll (approximately 15,750 acres).
(7) Burbank Hills (approximately 17,000 acres).
(8) Burbank Pass (approximately 30,000 acres).
(9) Chalk Knolls (approximately 16,500 acres).
(10) Cobb Peak (approximately 8,500 acres).
(11) Conger Mountain (approximately 21,750 acres).
(12) Crater Bench (approximately 35,000 acres).
(13) Crater Island East (approximately 53,000 acres).
(14) Crater Island West (approximately 30,000 acres).
(15) Cricket Mountain (approximately 16,500 acres).
(16) Crook Creek (approximately 20,000 acres).
(17) Deep Creek Mountains (approximately 127,000 acres).
(18) Disappointment Hills (approximately 24,000 acres).
(19) Drum Mountains (approximately 14,500 acres).
(20) Dugway Mountains (approximately 24,500 acres).
(21) Fish Springs Range (approximately 65,000 acres).
(22) Granite Mountain (approximately 19,250 acres).
(23) Granite Peak (approximately 19,500 acres).
(24) Grassy Mountains North (approximately 8,500 acres).
(25) Grassy Mountains South (approximately 16,500 acres).
(26) Hamlin (approximately 13,750 acres).
(27) Headlight Mountain (approximately 6,000 acres).
(28) Howell Peak (approximately 28,750 acres).
(29) Indian Peaks (approximately 15,750 acres).
(30) Jackson Wash (approximately 18,500 acres).
(31) Juniper (approximately 17,500 acres).
(32) Keg Mountains East (approximately 19,500 acres).
(33) Keg Mountains West (approximately 19,250 acres).
(34) Kern Mountains (approximately 15,000 acres).
(35) King Top (approximately 111,500 acres).
(36) Ledger Canyon (approximately 8,900 acres).
(37) Lion Peak (approximately 27,500 acres).
(38) Little Drum Mountains North (approximately 14,000
acres).
(39) Little Drum Mountains South (approximately 10,000
acres).
(40) Mahogany Peak (approximately 750 acres).
(41) Middle Burbank Hills (approximately 6,750 acres).
(42) Middle Mountains (approximately 39,750 acres).
(43) Mount Escalante (approximately 17,500 acres).
(44) Mountain Home Range North (approximately 21,500
acres).
(45) Mountain Home Range South (approximately 32,750
acres).
(46) Needle Mountains (approximately 12,000 acres).
(47) Newfoundland Mountains (approximately 24,500 acres).
(48) North Peaks (approximately 9,400 acres).
(49) North Stansbury Mountains (approximately 20,500
acres).
(50) Notch Peak (approximately 72,000 acres).
(51) Notch View (approximately 8,000 acres).
(52) Ochre Mountain (approximately 13,500 acres).
(53) Oquirrh Mountains (approximately 8,900 acres).
(54) Orr Ridge (approximately 11,000 acres).
(55) Painted Rock (approximately 26,500 acres).
(56) Paradise Mountain (approximately 40,000 acres).
(57) Pilot Mountains Central (approximately 8,000 acres).
(58) Pilot Peak (approximately 30,250 acres).
(59) Red Canyon (approximately 15,500 acres).
(60) Red Tops (approximately 28,000 acres).
(61) San Francisco Mountains (approximately 39,750 acres).
(62) Silver Island Mountains (approximately 37,500 acres).
(63) Snake Valley (approximately 66,250 acres).
(64) Spring Creek Canyon (approximately 5,250 acres).
(65) Stansbury Island (approximately 10,000 acres).
(66) Steamboat Mountain (approximately 40,250 acres).
(67) Swasey Peak (approximately 91,000 acres).
(68) The Toad (approximately 11,250 acres).
(69) Thomas Range (approximately 41,000 acres).
(70) Tule Valley (approximately 102,000 acres).
(71) Tule Valley South (approximately 19,000 acres).
(72) Tunnel Springs (approximately 23,000 acres).
(73) Wah Wah Mountains Central (approximately 61,000
acres).
(74) Wah Wah Mountains North (approximately 93,500 acres).
(75) Wah Wah Mountains South (approximately 18,000 acres).
(76) White Rock Range (approximately 5,000 acres).
(77) Wild Horse Pass (approximately 35,750 acres).
SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.
(a) Grand Staircase Area.--
(1) Findings.--Congress finds that--
(A) the area known as the Grand Staircase rises
more than 6,000 feet in a series of great cliffs and
plateaus from the depths of the Grand Canyon to the
forested rim of Bryce Canyon;
(B) the Grand Staircase--
(i) spans 6 major life zones, from the
lower Sonoran Desert to the alpine forest; and
(ii) encompasses geologic formations that
display 3,000,000,000 years of Earth's history;
(C) land managed by the Secretary forms a vital
natural corridor connecting the deserts and forests of
the surrounding landscape, which includes Grand Canyon
National Park and Bryce Canyon National Park;
(D) each of the areas described in paragraph (2)
(other than East of Bryce, Moquith Mountain, Bunting
Point, Canaan Mountain, Orderville Canyon, Parunuweap
Canyon, Vermillion Cliffs, and the majority of Upper
Kanab Creek) is located within the Grand Staircase-
Escalante National Monument, as established in 1996;
and
(E) the Grand Staircase in Utah should be protected
and managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Bryce Boot (approximately 2,800 acres).
(B) Bryce View (approximately 4,500 acres).
(C) Bunting Point (approximately 11,500 acres).
(D) Canaan Mountain (approximately 15,250 acres).
(E) East of Bryce (approximately 850 acres).
(F) Glass Eye Canyon (approximately 25,500 acres).
(G) Ladder Canyon (approximately 14,500 acres).
(H) Moquith Mountain (approximately 15,750 acres).
(I) Nephi Point (approximately 14,750 acres).
(J) Orderville Canyon (approximately 8,000 acres).
(K) Paria-Hackberry (approximately 196,000 acres).
(L) Paria Wilderness Expansion (approximately 4,000
acres).
(M) Parunuweap Canyon (approximately 44,500 acres).
(N) Pine Hollow (approximately 11,000 acres).
(O) Timber Mountain (approximately 52,750 acres).
(P) Upper Kanab Creek (approximately 51,000 acres).
(Q) Vermillion Cliffs (approximately 25,000 acres).
(R) Willis Creek (approximately 22,000 acres).
(b) Kaiparowits Plateau.--
(1) Findings.--Congress finds that--
(A) the Kaiparowits Plateau east of the Paria River
is one of the most rugged and isolated wilderness
regions in the United States;
(B) the Kaiparowits Plateau, a windswept land of
harsh beauty, contains distant vistas and a remarkable
variety of plant and animal species;
(C) ancient forests, an abundance of big game
animals, and 22 species of raptors thrive undisturbed
on the grassland mesa tops of the Kaiparowits Plateau;
(D) each of the areas described in paragraph (2)
(other than Heaps Canyon, Little Valley, and Wide
Hollow) is located within the Grand Staircase-Escalante
National Monument, as established in 1996; and
(E) the Kaiparowits Plateau should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Andalex Not (approximately 18,000 acres).
(B) Box Canyon (approximately 3,000 acres).
(C) Burning Hills (approximately 81,500 acres).
(D) Canaan Peak Slopes (approximately 2,500 acres).
(E) Carcass Canyon (approximately 84,750 acres).
(F) Fiftymile Bench (approximately 12,750 acres).
(G) Fiftymile Mountain (approximately 207,000
acres).
(H) Heaps Canyon (approximately 4,000 acres).
(I) Horse Spring Canyon (approximately 32,000
acres).
(J) Kodachrome Headlands (approximately 9,750
acres).
(K) Little Valley Canyon (approximately 4,100
acres).
(L) Mud Spring Canyon (approximately 65,750 acres).
(M) Nipple Bench (approximately 31,750 acres).
(N) Paradise Canyon-Wahweap (approximately 266,500
acres).
(O) Rock Cove (approximately 17,000 acres).
(P) The Blues (approximately 22,000 acres).
(Q) The Cockscomb (approximately 11,750 acres).
(R) Warm Creek (approximately 24,000 acres).
(S) Wide Hollow (approximately 7,700 acres).
(c) Escalante Canyons.--
(1) Findings.--Congress finds that--
(A) glens and coves carved in massive sandstone
cliffs, spring-watered hanging gardens, and the silence
of ancient ruins are examples of the unique features
that entice hikers, campers, and sightseers from around
the world to the Escalante Canyons;
(B) the Escalante Canyons link the spruce fir
forests of the 11,000-foot Aquarius Plateau with the
winding slickrock canyons that flow into Glen Canyon;
(C) the Escalante Canyons, one of Utah's most
popular natural areas, contains critical habitat for
deer, elk, and wild bighorn sheep that also enhances
the scenic integrity of the area;
(D) each of the areas described in paragraph (2) is
located within the Grand Staircase-Escalante National
Monument, as established in 1996; and
(E) the Escalante Canyons should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Colt Mesa (approximately 28,250 acres).
(B) Death Hollow (approximately 49,750 acres).
(C) Forty Mile Gulch (approximately 7,600 acres).
(D) Lampstand (approximately 11,500 acres).
(E) Muley Twist Flank (approximately 3,750 acres).
(F) North Escalante Canyons (approximately 182,000
acres).
(G) Pioneer Mesa (approximately 11,000 acres).
(H) Scorpion (approximately 61,250 acres).
(I) Sooner Bench (approximately 500 acres).
(J) Steep Creek (approximately 35,750 acres).
(K) Studhorse Peaks (approximately 24,000 acres).
SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the canyons surrounding the La Sal Mountains and the
town of Moab offer a variety of extraordinary landscapes;
(2) outstanding examples of natural formations and
landscapes in the Moab-La Sal Canyons area include the huge
sandstone fins of Behind the Rocks, the mysterious Fisher
Towers, and the whitewater rapids of Westwater Canyon; and
(3) the Moab-La Sal Canyons should be protected and managed
as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Arches National Park Adjacents (approximately 8,900
acres).
(2) Beaver Creek (approximately 45,000 acres).
(3) Behind the Rocks (approximately 19,500 acres).
(4) Big Triangle (approximately 21,500 acres).
(5) Coyote Wash (approximately 27,000 acres).
(6) Dome Plateau (approximately 36,750 acres).
(7) Fisher Towers (approximately 19,000 acres).
(8) Goldbar Canyon (approximately 9,500 acres).
(9) Granite Creek (approximately 5,000 acres).
(10) Hunter Canyon (approximately 5,500 acres).
(11) Mary Jane Canyon (approximately 28,500 acres).
(12) Mill Creek (approximately 17,250 acres).
(13) Morning Glory (approximately 11,000 acres).
(14) Porcupine Rim (approximately 10,500 acres).
(15) Renegade Point (approximately 6,250 acres).
(16) Westwater Canyon (approximately 39,000 acres).
(17) Yellow Bird (approximately 4,600 acres).
SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Henry Mountain Range, the last mountain range to be
discovered and named by early explorers in the contiguous
United States, still retains a wild and undiscovered quality;
(2) fluted badlands that surround the flanks of 11,000-foot
Mounts Ellen and Pennell contain areas of critical habitat for
mule deer and for the largest herd of free-roaming buffalo in
the United States;
(3) despite their relative accessibility, the Henry
Mountain Range remains one of the wildest, least-known ranges
in the United States; and
(4) the Henry Mountain Range should be protected and
managed to ensure the preservation of the range as a wilderness
area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bull Mountain (approximately 16,000 acres).
(2) Bullfrog Creek (approximately 42,000 acres).
(3) Dogwater Creek (approximately 4,900 acres).
(4) Fremont Gorge (approximately 22,000 acres).
(5) Long Canyon (approximately 16,500 acres).
(6) Mount Ellen-Blue Hills (approximately 14,750 acres).
(7) Mount Hillers (approximately 20,250 acres).
(8) Mount Pennell (approximately 155,500 acres).
(9) Notom Bench (approximately 6,250 acres).
(10) Ragged Mountain (approximately 29,250 acres).
SEC. 105. GLEN CANYON WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the side canyons of Glen Canyon, including the Dirty
Devil River and the Red, White and Blue Canyons, contain some
of the most remote and outstanding landscapes in southern Utah;
(2) the Dirty Devil River, once the fortress hideout of
outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of
slickrock canyons through an imposing landscape of monoliths
and inaccessible mesas;
(3) the Red and Blue Canyons contain colorful Chinle/
Moenkopi badlands found nowhere else in the region;
(4) Dark Canyon, Fort Knocker, Tuwa Canyon, Upper Red
Canyon, White Canyon, and a portion of Red Rock Plateau are
located within the Bears Ears National Monument, as established
in 2016; and
(5) the canyons of Glen Canyon in the State should be
protected and managed as wilderness areas.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Cane Spring Desert (approximately 18,250 acres).
(2) Copper Point (approximately 4,400 acres).
(3) Dark Canyon (approximately 139,000 acres).
(4) Dirty Devil (approximately 245,000 acres).
(5) Fiddler Butte (approximately 93,000 acres).
(6) Flat Tops (approximately 29,750 acres).
(7) Fort Knocker (approximately 12,500 acres).
(8) Little Rockies (approximately 64,000 acres).
(9) Pleasant Creek Bench (approximately 1,000 acres).
(10) Red Rock Plateau (approximately 185,500 acres).
(11) The Needle (approximately 10,750 acres).
(12) Tuwa Canyon (approximately 9,750 acres).
(13) Upper Red Canyon (approximately 25,000 acres).
(14) White Canyon (approximately 78,000 acres).
SEC. 106. SAN JUAN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) more than 1,000 years ago, Indigenous culture
flourished in the slickrock canyons and on the pinon-covered
mesas of southeastern Utah;
(2) evidence of the presence of Indigenous people pervades
the Cedar Mesa area of the San Juan area where cliff dwellings,
rock art, and ceremonial kivas are found in sandstone overhangs
and isolated benchlands;
(3) the Cedar Mesa area is in need of protection from the
vandalism and theft of its unique cultural resources;
(4) the Cedar Mesa wilderness areas should be created to
protect both the archaeological heritage and the extraordinary
wilderness, scenic, and ecological values of the United States;
(5) each of the areas described in subsection (b) (other
than Cross Canyon, Monument Canyon, Tin Cup Mesa, and most of
Nokai Dome and San Juan River) are located within the Bears
Ears National Monument, as established in 2016; and
(6) the San Juan area should be protected and managed as a
wilderness area to ensure the preservation of the unique and
valuable resources of that area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Allen Canyon (approximately 6,500 acres).
(2) Arch Canyon (approximately 30,500 acres).
(3) Comb Ridge (approximately 16,000 acres).
(4) Cross Canyon (approximately 2,400 acres).
(5) Fish and Owl Creek Canyons (approximately 74,000
acres).
(6) Grand Gulch (approximately 161,250 acres).
(7) Hammond Canyon (approximately 4,700 acres).
(8) Lime Creek (approximately 5,500 acres).
(9) Monument Canyon (approximately 18,000 acres).
(10) Nokai Dome (approximately 94,250 acres).
(11) Road Canyon (approximately 64,000 acres).
(12) San Juan River (approximately 14,750 acres).
(13) The Tabernacle (approximately 7,300 acres).
(14) Tin Cup Mesa (approximately 26,000 acres).
(15) Valley of the Gods (approximately 14,500 acres).
SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) Canyonlands National Park safeguards only a small
portion of the extraordinary red-hued, cliff-walled canyonland
region of the Colorado Plateau;
(2) areas near Canyonlands National Park contain canyons
with rushing perennial streams, natural arches, bridges, and
towers;
(3) the gorges of the Green and Colorado Rivers lie on
adjacent land managed by the Secretary;
(4) popular overlooks in Canyonlands National Park and Dead
Horse Point State Park have views directly into adjacent areas,
including Lockhart Basin and Indian Creek;
(5) each of the areas described in subsection (b) (other
than Dead Horse Cliffs, Horsethief Point, Labyrinth Canyon
Wilderness Expansion, San Rafael River, Sweetwater Reef, and a
portion of Gooseneck) are located within the Bears Ears
National Monument, as established in 2016; and
(6) designation of those areas as wilderness would ensure
the protection of this erosional masterpiece of nature and of
the rich pockets of wildlife found within its expanded
boundaries.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bridger Jack Mesa (approximately 33,500 acres).
(2) Butler Wash (approximately 27,000 acres).
(3) Dead Horse Cliffs (approximately 5,300 acres).
(4) Demon's Playground (approximately 3,600 acres).
(5) Gooseneck (approximately 9,400 acres).
(6) Hatch Point/Lockhart Basin/Harts Point (approximately
150,500 acres).
(7) Horsethief Point (approximately 15,500 acres).
(8) Indian Creek (approximately 28,500 acres).
(9) Labyrinth Canyon Wilderness Expansion (approximately
157,500 acres).
(10) San Rafael River (approximately 103,000 acres).
(11) Shay Mountain (approximately 15,500 acres).
(12) Sweetwater Reef (approximately 69,250 acres).
SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the San Rafael Swell towers above the desert like a
castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
(2) the highlands of the San Rafael Swell have been
fractured by uplift and rendered hollow by erosion over
countless millennia, leaving a tremendous basin punctuated by
mesas, buttes, and canyons and traversed by sediment-laden
desert streams;
(3) the mountains within these areas are among Utah's most
valuable habitat for desert bighorn sheep; and
(4) the San Rafael Swell area should be protected and
managed to ensure its preservation as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Capitol Reef National Park Adjacents (approximately
9,000 acres).
(2) Cedar Mountain (approximately 14,750 acres).
(3) Devils Canyon Wilderness Expansion (approximately
14,000 acres).
(4) Eagle Canyon (approximately 38,500 acres).
(5) Factory Butte (approximately 22,250 acres).
(6) Hondu Country Wilderness Expansion (approximately 2,500
acres).
(7) Jones Bench (approximately 3,400 acres).
(8) Limestone Cliffs (approximately 25,500 acres).
(9) Lost Spring Wash (approximately 36,500 acres).
(10) Mexican Mountain Wilderness Expansion (approximately
24,750 acres).
(11) Molen Reef (approximately 32,500 acres).
(12) Muddy Creek Wilderness Expansion (approximately 80,750
acres).
(13) Mussentuchit Badlands (approximately 25,000 acres).
(14) Price River-Humbug (approximately 122,250 acres).
(15) Red Desert (approximately 30,750 acres).
(16) Rock Canyon (approximately 17,750 acres).
(17) San Rafael Knob (approximately 15,000 acres).
(18) San Rafael Reef Wilderness Expansion (approximately
53,500 acres).
(19) Sids Mountain Wilderness Expansion (approximately
36,750 acres).
(20) Upper Muddy Creek (approximately 18,500 acres).
(21) Wild Horse Mesa Wilderness Expansion (approximately
56,000 acres).
SEC. 109. BOOK CLIFFS-GREATER DINOSAUR WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Book Cliffs-Greater Dinosaur Wilderness Areas
offer--
(A) unique big game hunting opportunities in
verdant high-plateau forests; and
(B) the opportunity for float trips of several days
duration down the Green River in Desolation Canyon;
(2) the long rampart of the Book Cliffs bounds the area on
the south, while the uplands, plateaus, rivers, and canyons of
the Greater Dinosaur area provide connectivity with Dinosaur
National Monument and the northernmost extent of the Colorado
Plateau;
(3) bears, bighorn sheep, cougars, elk, and mule deer
flourish in the backcountry of the Book Cliffs; and
(4) the Book Cliffs-Greater Dinosaur Wilderness Areas
should be protected and managed to ensure the protection of the
areas as wilderness.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bad Land Cliffs (approximately 11,500 acres).
(2) Beach Draw (approximately 900 acres).
(3) Bourdette Draw (approximately 15,750 acres).
(4) Bull Canyon (approximately 3,100 acres).
(5) Dead Horse Pass (approximately 8,400 acres).
(6) Desbrough Canyon (approximately 14,000 acres).
(7) Desolation Canyon Wilderness Expansion (approximately
295,000 acres).
(8) Diamond Breaks (approximately 8,600 acres).
(9) Diamond Canyon (approximately 168,000 acres).
(10) Diamond Mountain (approximately 28,000 acres).
(11) Goslin Mountain (approximately 3,800 acres).
(12) Hideout Canyon (approximately 12,750 acres).
(13) Lower Flaming Gorge (approximately 21,000 acres).
(14) Mexico Point (approximately 14,750 acres).
(15) Moonshine Draw (approximately 10,750 acres).
(16) Mountain Home (approximately 8,000 acres).
(17) O-Wi-Yu-Kuts (approximately 14,500 acres).
(18) Red Creek Badlands (approximately 4,600 acres).
(19) Split Mountain Benches (approximately 2,800 acres).
(20) Stone Bridge Draw (approximately 3,600 acres).
(21) Stuntz Draw (approximately 2,000 acres).
(22) Survey Point (approximately 8,700 acres).
(23) Turtle Canyon Wilderness Expansion (approximately
9,600 acres).
(24) Vivas Cake Hill (approximately 275 acres).
(25) Wild Mountain (approximately 700 acres).
TITLE II--ADMINISTRATIVE PROVISIONS
SEC. 201. GENERAL PROVISIONS.
(a) Names of Wilderness Areas.--Each wilderness area named in title
I shall--
(1) consist of the quantity of land referenced with respect
to that named area, as generally depicted on the map entitled
``America's Red Rock Wilderness Act, 118th Congress''; and
(2) be known by the name given to it in title I.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the Office of the Director of the Bureau
of Land Management.
SEC. 202. ADMINISTRATION.
Subject to valid rights in existence on the date of enactment of
this Act, each wilderness area designated under this Act shall be
administered by the Secretary in accordance with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.
(a) In General.--Subject to subsection (b), if State-owned land is
included in an area designated by this Act as a wilderness area, the
Secretary shall offer to exchange land owned by the United States in
the State of approximately equal value in accordance with section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)) and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
(b) Mineral Interests.--The Secretary shall not transfer any
mineral interests under subsection (a) unless the State transfers to
the Secretary any mineral interests in land designated by this Act as a
wilderness area.
SEC. 204. WATER.
(a) Reservation.--
(1) Water for wilderness areas.--
(A) In general.--With respect to each wilderness
area designated by this Act, Congress reserves a
quantity of water determined by the Secretary to be
sufficient for the wilderness area.
(B) Priority date.--The priority date of a right
reserved under subparagraph (A) shall be the date of
enactment of this Act.
(2) Protection of rights.--The Secretary and other officers
and employees of the United States shall take any steps
necessary to protect the rights reserved by paragraph (1)(A),
including the filing of a claim for the quantification of the
rights in any present or future appropriate stream adjudication
in the courts of the State--
(A) in which the United States is or may be joined;
and
(B) that is conducted in accordance with section
208 of the Department of Justice Appropriation Act,
1953 (66 Stat. 560, chapter 651).
(b) Prior Rights Not Affected.--Nothing in this Act relinquishes or
reduces any water rights reserved or appropriated by the United States
in the State on or before the date of enactment of this Act.
(c) Administration.--
(1) Specification of rights.--The Federal water rights
reserved by this Act are specific to the wilderness areas
designated by this Act.
(2) No precedent established.--Nothing in this Act related
to reserved Federal water rights--
(A) shall establish a precedent with regard to any
future designation of water rights; or
(B) shall affect the interpretation of any other
Act or any designation made under any other Act.
SEC. 205. ROADS.
(a) Setbacks.--
(1) Measurement in general.--A setback under this section
shall be measured from the center line of the road.
(2) Wilderness on 1 side of roads.--Except as provided in
subsection (b), a setback for a road with wilderness on only 1
side shall be set at--
(A) 300 feet from a paved Federal or State highway;
(B) 100 feet from any other paved road or high
standard dirt or gravel road; and
(C) 30 feet from any other road.
(3) Wilderness on both sides of roads.--Except as provided
in subsection (b), a setback for a road with wilderness on both
sides (including cherry-stems or roads separating 2 wilderness
units) shall be set at--
(A) 200 feet from a paved Federal or State highway;
(B) 40 feet from any other paved road or high
standard dirt or gravel road; and
(C) 10 feet from any other roads.
(b) Setback Exceptions.--
(1) Well-defined topographical barriers.--If, between the
road and the boundary of a setback area described in paragraph
(2) or (3) of subsection (a), there is a well-defined cliff
edge, stream bank, or other topographical barrier, the
Secretary shall use the barrier as the wilderness boundary.
(2) Fences.--If, between the road and the boundary of a
setback area specified in paragraph (2) or (3) of subsection
(a), there is a fence running parallel to a road, the Secretary
shall use the fence as the wilderness boundary if, in the
opinion of the Secretary, doing so would result in a more
manageable boundary.
(3) Deviations from setback areas.--
(A) Exclusion of disturbances from wilderness
boundaries.--In cases where there is an existing
livestock development, dispersed camping area, borrow
pit, or similar disturbance within 100 feet of a road
that forms part of a wilderness boundary, the Secretary
may delineate the boundary so as to exclude the
disturbance from the wilderness area.
(B) Limitation on exclusion of disturbances.--The
Secretary shall make a boundary adjustment under
subparagraph (A) only if the Secretary determines that
doing so is consistent with wilderness management
goals.
(C) Deviations restricted to minimum necessary.--
Any deviation under this paragraph from the setbacks
required under in paragraph (2) or (3) of subsection
(a) shall be the minimum necessary to exclude the
disturbance.
(c) Delineation Within Setback Area.--The Secretary may delineate a
wilderness boundary at a location within a setback under paragraph (2)
or (3) of subsection (a) if, as determined by the Secretary, the
delineation would enhance wilderness management goals.
SEC. 206. LIVESTOCK.
Within the wilderness areas designated under title I, the grazing
of livestock authorized on the date of enactment of this Act shall be
permitted to continue subject to such reasonable regulations and
procedures as the Secretary considers necessary, as long as the
regulations and procedures are consistent with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) section 101(f) of the Arizona Desert Wilderness Act of
1990 (Public Law 101-628; 104 Stat. 4469).
SEC. 207. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State with
respect to wildlife and fish on the public land located in the State.
SEC. 208. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act affects or modifies--
(1) any right of any federally recognized Indian Tribe; or
(2) any obligation of the United States to any federally
recognized Indian Tribe.
SEC. 209. MANAGEMENT OF NEWLY ACQUIRED LAND.
Any land within the boundaries of a wilderness area designated
under this Act that is acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 210. WITHDRAWAL.
Subject to valid rights existing on the date of enactment of this
Act, the Federal land referred to in title I is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under public law;
(2) location, entry, and patent under mining law; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
<all>
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118S1311 | Udall Foundation Reauthorization Act of 2023 | [
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"Sen. Sinema, Kyrsten [I-AZ]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Considered and Passed Senate (CPS)]
<DOC>
118th CONGRESS
1st Session
S. 1311
To reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Kelly introduced the following bill; which was read twice,
considered, read the third time, and passed
_______________________________________________________________________
A BILL
To reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Udall Foundation Reauthorization Act
of 2023''.
SEC. 2. REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``2023'' and inserting
``2028'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``2023'' and inserting ``2028''; and
(3) in subsection (c), by striking ``5-fiscal year period''
and all that follows through the period at the end and
inserting ``5-fiscal year period beginning with fiscal year
2024.''.
<all>
</pre></body></html>
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118S1312 | Securing our Border Act | [
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[
"L000571",
"Sen. Lu... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1312
To reprogram $15,000,000,000 to improve border security and
enforcement, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Scott of South Carolina (for himself, Mr. Daines, Ms. Ernst, Mr.
Lankford, Ms. Lummis, Mr. Rounds, Mr. Cassidy, and Mrs. Blackburn)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To reprogram $15,000,000,000 to improve border security and
enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing our Border Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States border security is paramount to the
general welfare of our Nation and ensures the efficient and
meaningful flow of goods and individuals through legal means.
(2) Illicit narcotics transported into the United States
through ports of entry were estimated to cause approximately
104,000 deaths between February 2021 and February 2022.
(3) Only 2 percent of passenger vehicles and 20 percent of
commercial vehicles crossing the southern border are scanned by
nonintrusive inspection technology through a radiation portal
monitor.
(4) U.S. Customs and Border Protection agents process more
than 1,000,000 passengers and pedestrians on a typical day.
(5) Limiting the amount of deadly illicit narcotics,
including fentanyl, from entering the United States would
reduce the number of Americans who die annually from the use of
such narcotics.
(6) Because of the failure to update nonintrusive
inspection technologies at land ports of entry along the
southern border of the United States, there has been an
increase in the amount of illicit narcotics, such as fentanyl,
being trafficked across the southern border.
(7) Between 2021 and 2022, approximately 1,514,000 pounds
of illicit drugs were seized at the southern border.
(8) U.S. Customs and Border Protection agents had 199,976
encounters at the southern border during July 2022, including--
(A) 134,362 single adults;
(B) 51,822 family units; and
(C) 13,299 unaccompanied minors.
(9) According to the Department of Homeland Security, 750
migrants died attempting to cross the southern border during
fiscal year 2022, which is--
(A) more migrant deaths than occurred in any
previous fiscal year; and
(B) more than 200 more migrant deaths than the
number of such deaths during fiscal year 2021.
(10) The United States has a backlog of open removal cases,
which totaled more than 1,820,000 as of June 2022.
(11) Since October 1, 2019, U.S. Customs and Border
Protection has reported 1,302 encounters with potential
terrorists at ports of entry along the southern and northern
borders.
(12) According to U.S. Customs and Border Protection
onboard staffing data, approximately 2,700 additional U.S.
Customs and Border Protection officers need to be stationed at
United States ports of entry to fully staff such ports.
(13) There are approximately 20,000 border agents stationed
at ports of entry along the southern border.
(14) Due to shifting priorities, construction delays, a
lack of available technology solutions, and funding
constraints, most southern U.S. Border Patrol sectors still
rely on obsolete systems or technologies.
SEC. 3. FUNDING FOR NONINTRUSIVE BORDER INSPECTIONS.
Of the unobligated balances from amounts made available under
section 10301(1)(A)(ii) of Public Law 117-169, $5,000,000,000 shall be
transferred to U.S. Customs and Border Protection during the 9-year
period ending on October 1, 2032, for nonintrusive inspection systems
to achieve a 100 percent nonintrusive inspection scanning rate at all
northern border and southwest border land ports of entry by October 1,
2032.
SEC. 4. FUNDING FOR BORDER WALL CONSTRUCTION.
(a) In General.--Of the unobligated balances from amounts made
available under section 10301(1)(A)(ii) of Public Law 117-169,
$10,000,000,000 shall be transferred to the Department of Homeland
Security during the 9-year period ending on October 1, 2032, for
activities related to the construction of a border wall system along
the southwest international border of the United States.
(b) Quarterly Reports.--The Secretary of Homeland Security shall
submit quarterly reports to the Committee on Appropriations of the
Senate, the Committee on Finance of the Senate, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Appropriations of the House of Representatives, the Committee on
Ways and Means of the House of Representatives, and the Committee on
Homeland Security of the House of Representatives that contains--
(1) an implementation plan with benchmarks related to
stemming illegal immigration; and
(2) cost estimates associated with border wall system
construction.
SEC. 5. AUTHORIZATION TO PROVIDE BONUSES TO U.S. CUSTOMS AND BORDER
PROTECTION AGENTS.
(a) Recruitment Bonuses.--
(1) In general.--Subject to the approval of the Secretary
of Homeland Security, the Commissioner of U.S. Customs and
Border Protection may pay a recruitment bonus, not to exceed
$15,000, to each newly hired U.S. Customs and Border Protection
agent after--
(A) the agent completes initial basic training; and
(B) the execution of a written agreement described
in paragraph (2).
(2) Written agreement.--A written agreement described in
this paragraph is a legally binding agreement between a newly
hired agent and U.S. Customs and Border Protection that--
(A) specifies the amount of the bonus payment to be
paid to such agent, including the timing of such
payment;
(B) the length of the period of service required to
be completed before such agent is entitled to retain
such payment; and
(C) any other terms and conditions to which such
payment is subject.
(b) Retention Bonuses.--Subject to the approval of the Secretary of
Homeland Security, the Commissioner of U.S. Customs and Border
Protection may pay annual retention bonuses, not to exceed 15 percent
of the agent's basic pay, to U.S. Border Patrol agents after the
completion of each year of satisfactory service, as determined by the
Commissioner.
(c) Relocation Bonus.--Subject to the approval of the Secretary of
Homeland Security, the Commissioner of U.S. Customs and Border
Protection may pay a relocation bonus, not to exceed 15 percent of the
agent's annual basic pay, to a U.S. Customs and Border Protection agent
who agrees to be transferred and to serve for not less than 3 years at
the new duty station.
(d) Limitation.--None of the bonuses paid to a U.S. Customs and
Border Protection agent pursuant to subsections (a) through (c) may be
considered part of the basic pay of such agent for any purpose,
including for retirement or in computing a lump-sum payment to the
agent for accumulated and accrued annual leave under section 5551 or
5552 of title 5, United States Code.
SEC. 6. TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.
Section 235(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(2)(C)) is amended by striking ``may return'' and all
that follows and inserting the following: ``shall--
``(i) return the alien to such territory,
or to a safe third country (as described in
section 208), pending the completion of a
proceeding under section 240; or
``(ii) detain the alien for further
consideration of an application for asylum,
which shall include a determination of credible
fear of persecution.''.
<all>
</pre></body></html>
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118S1313 | Recruiting Families Using Data Act of 2023 | [
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1313 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1313
To amend parts B and E of title IV of the Social Security Act to
improve foster and adoptive parent recruitment and retention, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Grassley (for himself, Ms. Hassan, Mr. Wicker, and Mr. Lujan)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend parts B and E of title IV of the Social Security Act to
improve foster and adoptive parent recruitment and retention, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recruiting Families Using Data Act
of 2023''.
SEC. 2. STATE PLAN AMENDMENT.
(a) In General.--Section 422 of the Social Security Act (42 U.S.C.
622) is amended--
(1) in subsection (b)(7), by inserting ``through the
development and implementation of a family partnership plan
which meets the requirements of subsection (d) for
identification, recruitment, screening, licensing, support, and
retention of foster and adoptive families'' after ``are
needed''; and
(2) by adding at the end the following:
``(d) Family Partnership Plan Requirements.--For purposes of
subsection (b)(7), the requirements for a family partnership plan (in
this subsection referred to as the `plan') are the following:
``(1) The plan is developed in consultation with birth,
kinship, foster and adoptive families, community-based service
providers, technical assistance providers, and youth with lived
experience with foster care and adoption.
``(2) The plan describes--
``(A) how the State plans to identify, notify,
engage, and support relatives (and others connected to
the child) as potential placement resources for
children;
``(B) how the State plans to develop and implement
child-specific recruitment plans for every child in or
entering foster care who needs a foster or adoptive
family;
``(C) how the State plans to authentically engage
children and youth in recruitment efforts on their
behalf;
``(D) how the State plans to use data to establish
goals, assess needs, measure progress, reduce
unnecessary placements in congregate care, increase
permanency, improve placement stability, increase the
rate of kinship placements, improve recruitment and
retention of families for teens, sibling groups, and
other special populations, and align the composition of
foster and adoptive families with the needs of children
in or entering foster care; and
``(E) how that State will stand up or support
foster family advisory boards for the purpose of
improving recruitment and retention of foster and
adoptive families.
``(3) The plan provides that, not less than annually, the
State shall collect and report on the State's actual foster
family capacity and congregate care utilization, including the
number, demographics, and characteristics of licensed foster
families, including prospective adoptive families, the number
of such families that haven't received a placement or are not
being fully utilized and the reasons therefor, and the number,
demographics, and characteristics of children placed in
congregate care in-State and out-of-State.
``(4) The plan includes, and shall update not less than
annually, a summary of the most recent feedback from foster and
adoptive parents and youth regarding licensure, training,
support, and reasons why parents stop fostering or why adoptive
or legal guardianship placements out of foster care fail or
foster and such adoptive of legal guardianship families
struggle to meet children's needs.
``(5) The plan includes, and shall update annually, a
report on the State's analysis of specific challenges or
barriers to recruiting, licensing, and utilizing families who
reflect the racial and ethnic background of children in foster
care in the State, and the State's efforts to overcome those
challenges and barriers.
``(6) The plan includes such other information relating to
foster and adoptive parent recruitment and retention as the
Secretary may require.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this subsection shall take effect on October
1, 2024.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under subpart 1 of part B of
title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by this
subsection, the State plan shall not be regarded as failing to
comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
subsection. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature.
SEC. 3. INCLUSION OF INFORMATION ON FOSTER AND ADOPTIVE FAMILIES IN
ANNUAL CHILD WELFARE OUTCOMES REPORT TO CONGRESS.
Section 479A(a) of the Social Security Act (42 U.S.C. 679b(a)) is
amended--
(1) in paragraph (6)(C), by striking ``and'' after the
semicolon;
(2) in paragraph (7)(B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) include in the report submitted pursuant to paragraph
(5) for fiscal year 2025 or any succeeding fiscal year--
``(A) State-by-State data on the number,
demographics, and characteristics of foster and
adoptive families in the State, and the number of
potential foster and adoptive families not being
utilized in the State and the reasons why;
``(B) a summary of the challenges of, and barriers
to, being a foster or adoptive parent, including with
respect to recruitment, licensure, engagement,
retention, and why parents stop fostering, adoptions
disrupt or dissolve, or foster or adoptive families
struggle, as reported by States based on surveys of
foster and adoptive parents; and
``(C) a summary of the challenges and barriers
States reported on efforts to recruit a pool of
families that reflect the racial and ethnic background
of children in foster care in the State, and efforts to
overcome those barriers.''.
<all>
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118S1314 | A bill to amend title 38, United States Code, to modify the definition of spouse and surviving spouse to include all individuals lawfully married, and for other purposes. | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1314 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1314
To amend title 38, United States Code, to modify the definition of
spouse and surviving spouse to include all individuals lawfully
married, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Peters (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to modify the definition of
spouse and surviving spouse to include all individuals lawfully
married, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MODIFICATION OF DEFINITION OF SPOUSE AND SURVIVING SPOUSE
FOR DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE ALL
INDIVIDUALS LAWFULLY MARRIED.
(a) In General.--Section 101 of title 38, United States Code, is
amended--
(1) in paragraph (3), by striking ``of the opposite sex who
was the spouse of a veteran'' and inserting ``who was lawfully
married to a veteran, including a marriage between two persons
of the same sex,''; and
(2) in paragraph (31), by striking ``of the opposite sex''.
(b) Modification of Regulations.--The Secretary of Veterans Affairs
shall update all rules and regulations of the Department of Veterans
Affairs to ensure compliance with--
(1) the amendments made by subsection (a); and
(2) section 7 of title 1, United States Code.
<all>
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118S1315 | Veterans' Health Empowerment, Access, Leadership, and Transparency for our Heroes (HEALTH) Act of 2023 | [
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"sponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
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"cosponsor"
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[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"R000595",
"Sen... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1315 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1315
To improve the provision of care and services under the Veterans
Community Care Program of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Moran (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To improve the provision of care and services under the Veterans
Community Care Program of the Department of Veterans Affairs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Health
Empowerment, Access, Leadership, and Transparency for our Heroes
(HEALTH) 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--IMPROVEMENT OF VETERANS COMMUNITY CARE PROGRAM
Sec. 101. Codification of requirements for eligibility standards for
access to community care from Department of
Veterans Affairs.
Sec. 102. Requirement that Secretary notify veterans of eligibility for
care under Veterans Community Care Program.
Sec. 103. Consideration under Veterans Community Care Program of
veteran preference for care and need for
caregiver or attendant.
Sec. 104. Notification of denial of request for care under Veterans
Community Care Program.
Sec. 105. Discussion of telehealth options under Veterans Community
Care Program.
Sec. 106. Finality of decision by veteran and veteran's referring
provider.
Sec. 107. Outreach regarding care and services under Veterans Community
Care Program.
Sec. 108. Plan to improve administration of care under Veterans
Community Care Program.
Sec. 109. Use of value-based reimbursement models under Veterans
Community Care Program.
Sec. 110. Extension of deadline for submittal of claims by health care
entities and providers under prompt payment
standard.
Sec. 111. Inspector General assessment of implementation of Veterans
Community Care Program.
TITLE II--OTHER HEALTH CARE MATTERS
Sec. 201. Strategic plan on transition of Veterans Health
Administration to value-based health care
model.
Sec. 202. Plan on establishment of interactive, online self-service
module for care.
Sec. 203. Publication of wait times for care at medical centers of
Department of Veterans Affairs.
Sec. 204. Documentation of preferences of veterans for scheduling of
appointments for care.
Sec. 205. Staffing model and performance metrics for certain employees
of the Department of Veterans Affairs.
Sec. 206. Modification of requirements for Center for Innovation for
Care and Payment of the Department of
Veterans Affairs and requirement for pilot
program.
Sec. 207. Online health education portal for veterans enrolled in
patient enrollment system of Department of
Veterans Affairs.
Sec. 208. Reports.
TITLE I--IMPROVEMENT OF VETERANS COMMUNITY CARE PROGRAM
SEC. 101. CODIFICATION OF REQUIREMENTS FOR ELIGIBILITY STANDARDS FOR
ACCESS TO COMMUNITY CARE FROM DEPARTMENT OF VETERANS
AFFAIRS.
(a) Eligibility Access Standards.--Section 1703B of title 38,
United States Code, is amended--
(1) by striking subsections (a) through (e) and inserting
the following:
``(a) Eligibility Standards for Access to Community Care.--(1) A
covered veteran shall be eligible to elect to receive non-Department
hospital care, medical services, or extended care services, excluding
nursing home care, through the Veterans Community Care Program under
section 1703 of this title pursuant to subsection (d)(1)(D) of such
section using the following eligibility access standards:
``(A) With respect to primary care, mental health care, or
extended care services, excluding nursing home care, if the
Department cannot schedule an appointment for the covered
veteran with a health care provider of the Department who can
provide the needed service--
``(i) within 30 minutes average driving time (or
such shorter average driving time as the Secretary may
prescribe) from the residence of the veteran unless a
longer average driving time has been agreed to by the
veteran in consultation with a health care provider of
the veteran; and
``(ii) within 20 days (or such shorter period as
the Secretary may prescribe) of the date of request for
such an appointment unless a later date has been agreed
to by the veteran in consultation with a health care
provider of the veteran.
``(B) With respect to specialty care, if the Department
cannot schedule an appointment for the covered veteran with a
health care provider of the Department who can provide the
needed service--
``(i) within 60 minutes average driving time (or
such shorter average driving time as the Secretary may
prescribe) from the residence of the veteran unless a
longer average driving time has been agreed to by the
veteran in consultation with a health care provider of
the veteran; and
``(ii) within 28 days (or such shorter period as
the Secretary may prescribe) of the date of request for
such an appointment unless a later date has been agreed
to by the veteran in consultation with a health care
provider of the veteran.
``(2) For the purposes of determining the eligibility of a covered
veteran for care or services under paragraph (1), the Secretary shall
not take into consideration the availability of telehealth appointments
from the Department when determining whether the Department is able to
furnish such care or services in a manner that complies with the
eligibility access standards under such paragraph.
``(3) In the case of a covered veteran who has had an appointment
with a health care provider of the Department canceled by the
Department for a reason other than the request of the veteran, in
calculating a wait time for a subsequent appointment under paragraph
(1), the Secretary shall calculate such wait time from the date of the
request for the original, canceled appointment.
``(4) If a veteran agrees to a longer average drive time or a later
date under subparagraph (A) or (B) of paragraph (1), the Secretary
shall document the agreement to such longer average drive time or later
date in the electronic health record of the veteran and provide the
veteran a copy of such documentation. Such copy may be provided
electronically.
``(b) Application.--The Secretary shall ensure that the eligibility
access standards established under subsection (a) apply--
``(1) to all care and services within the medical benefits
package of the Department to which a covered veteran is
eligible under section 1703 of this title, excluding nursing
home care; and
``(2) to all covered veterans, regardless of whether a
veteran is a new or established patient.
``(c) Periodic Review of Access Standards.--Not later than three
years after the date of the enactment of the Veterans' Health
Empowerment, Access, Leadership, and Transparency for our Heroes
(HEALTH) Act of 2023, and not less frequently than once every three
years thereafter, the Secretary shall--
``(1) conduct a review of the eligibility access standards
under subsection (a) in consultation with--
``(A) such Federal entities as the Secretary
considers appropriate, including the Department of
Defense, the Department of Health and Human Services,
and the Centers for Medicare & Medicaid Services;
``(B) entities and individuals in the private
sector, including--
``(i) veteran patients;
``(ii) veterans service organizations; and
``(iii) health care providers participating
in the Veterans Community Care Program under
section 1703 of this title; and
``(C) other entities that are not part of the
Federal Government; and
``(2) submit to the appropriate committees of Congress a
report on--
``(A) the findings of the Secretary with respect to
the review conducted under paragraph (1); and
``(B) such recommendations as the Secretary may
have with respect to the eligibility access standards
under subsection (a).'';
(2) by striking subsection (g);
(3) by redesignating subsections (f), (h), and (i) as
subsections (d), (e), and (f), respectively;
(4) in subsection (d), as redesignated by paragraph (3)--
(A) by striking ``established'' each place it
appears; and
(B) in paragraph (1), by striking ``(1) Subject
to'' and inserting ``Compliance by Community Care
Providers With Access Standards.--(1) Subject to'';
(5) in subsection (e), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``(1) Consistent with'' and
inserting ``Determination Regarding
Eligibility.--(1) Consistent with''; and
(ii) by striking ``designated access
standards established under this section'' and
inserting ``eligibility access standards under
subsection (a)''; and
(B) in paragraph (2)(B), by striking ``designated
access standards established under this section'' and
inserting ``eligibility access standards under
subsection (a)''; and
(6) in subsection (f), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by
striking ``In this section'' and inserting
``Definitions.--In this section''; and
(B) in paragraph (2)--
(i) by striking ``covered veterans'' and
inserting ``covered veteran''; and
(ii) by striking ``veterans described'' and
inserting ``a veteran described''.
(b) Conforming Amendments.--Section 1703(d) of such title is
amended--
(1) in paragraph (1)(D), by striking ``designated access
standards developed by the Secretary under section 1703B of
this title'' and inserting ``eligibility access standards under
section 1703B(a) of this title''; and
(2) in paragraph (3), by striking ``designated access
standards developed by the Secretary under section 1703B of
this title'' and inserting ``eligibility access standards under
section 1703B(a) of this title''.
SEC. 102. REQUIREMENT THAT SECRETARY NOTIFY VETERANS OF ELIGIBILITY FOR
CARE UNDER VETERANS COMMUNITY CARE PROGRAM.
Section 1703(a) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) The Secretary shall notify each covered veteran in writing
of the eligibility of such veteran for care or services under this
section as soon as possible, but not later than two business days,
after the date on which the Secretary is aware that the veteran is
seeking care or services and is eligible for such care or services
under this section.
``(B) With respect to each covered veteran eligible for care or
services under subsection (d), the Secretary shall provide such veteran
periodic reminders, as the Secretary determines appropriate, of their
ongoing eligibility under such subsection.
``(C) Any notification or reminder under this paragraph may be
provided electronically.''.
SEC. 103. CONSIDERATION UNDER VETERANS COMMUNITY CARE PROGRAM OF
VETERAN PREFERENCE FOR CARE AND NEED FOR CAREGIVER OR
ATTENDANT.
Section 1703(d)(2) of title 38, United States Code, is amended by
adding at the end the following new subparagraphs:
``(F) The preference of the covered veteran for where,
when, and how to seek hospital care, medical services, or
extended care services.
``(G) Whether the covered veteran requests or requires the
assistance of a caregiver or attendant when seeking hospital
care, medical services, or extended care services.''.
SEC. 104. NOTIFICATION OF DENIAL OF REQUEST FOR CARE UNDER VETERANS
COMMUNITY CARE PROGRAM.
Section 1703 of title 38, United States Code, is amended--
(1) by redesignating subsection (o) as subsection (p); and
(2) by inserting after subsection (n) the following new
subsection (o):
``(o) Notification of Denial of Request for Care and How To
Appeal.--(1) If a request by a veteran for care or services under this
section is denied, the Secretary shall notify the veteran in writing as
soon as possible, but not later than two business days, after the
denial is made--
``(A) of the reason for the denial; and
``(B) with instructions on how to appeal such denial using
the clinical appeals process of the Veterans Health
Administration.
``(2) If a denial under paragraph (1) is due to not meeting the
eligibility access standards under section 1703B(a) of this title,
notice under such paragraph shall include an explanation for why the
Secretary does not consider the veteran to have met such standards.
``(3) Any notification under this subsection may be provided
electronically.''.
SEC. 105. DISCUSSION OF TELEHEALTH OPTIONS UNDER VETERANS COMMUNITY
CARE PROGRAM.
Section 1703 of title 38, United States Code, as amended by section
104, is further amended--
(1) by redesignating subsection (p) as subsection (q); and
(2) by inserting after subsection (o) the following new
subsection (p):
``(p) Discussion of Options for Telehealth.--When discussing
options for care or services for a covered veteran under this section,
the Secretary shall ensure that the veteran is informed of the ability
of the veteran to seek care or services via telehealth, either through
a medical facility of the Department or under this section, if
telehealth--
``(1) is available to the veteran;
``(2) is appropriate for the type of care or services the
veteran is seeking, as determined by the Secretary; and
``(3) is acceptable to the veteran.''.
SEC. 106. FINALITY OF DECISION BY VETERAN AND VETERAN'S REFERRING
PROVIDER.
(a) In General.--Section 1703 of title 38, United States Code, as
amended by sections 104 and 105, is further amended--
(1) by redesignating subsection (q) as subsection (r); and
(2) by inserting after subsection (p) the following new
subsection (q):
``(q) Finality of Decision by Veteran and Referring Provider.--An
agreement by a covered veteran and the covered veteran's referring
provider under this section regarding the best medical interest of the
covered veteran or regarding eligibility for care or services under
this section, including an agreement under subsection (d)(1)(E), is
final and may not be changed by the Department without the knowledge
and consent, documented in writing, of the covered veteran and the
provider unless there is a statutory or regulatory barrier preventing
the Department from providing the care or services in question.''.
(b) Conforming Amendment.--Section 1703(d)(1)(E) of title 38,
United States Code, is amended by striking ``referring clinician'' and
inserting ``referring provider''.
SEC. 107. OUTREACH REGARDING CARE AND SERVICES UNDER VETERANS COMMUNITY
CARE PROGRAM.
(a) In General.--Section 1703 of title 38, United States Code, as
amended by sections 104, 105, and 106, is further amended--
(1) by redesignating subsection (r) as subsection (s); and
(2) by inserting after subsection (q) the following new
subsection (r):
``(r) Outreach Regarding Availability of Care and Services.--(1)
The Secretary shall--
``(A) conduct public outreach to inform veterans of--
``(i) the conditions for eligibility for care or
services under subsections (d) and (e);
``(ii) how to request such care or services; and
``(iii) how to appeal a denial of a request for
such care or services using the clinical appeals
process of the Veterans Health Administration; and
``(B) ensure that information about eligibility for care or
services under subsections (d) and (e) is prominently displayed
on the website of the Department and included in other outreach
campaigns and activities conducted by the Secretary.
``(2) Upon enrollment of a veteran in the system of annual patient
enrollment established and operated under section 1705 of this title,
and not less frequently than every two years thereafter, the Secretary
shall directly inform the veteran of--
``(A) the conditions for eligibility for care or services
under subsections (d) and (e);
``(B) how to request such care or services; and
``(C) how to appeal a denial of a request for such care or
services using the clinical appeals process of the Veterans
Health Administration.
``(3) The Secretary shall ensure that each medical facility of the
Department publicly displays information regarding--
``(A) the conditions for eligibility of veterans for care
or services under subsections (d) and (e);
``(B) how to request such care or services; and
``(C) how to appeal a denial of a request for such care or
services using the clinical appeals process of the Veterans
Health Administration.''.
(b) Transitional Services Upon Separation From Armed Forces.--
Section 1144(f)(1)(B)(i) of title 10, United States Code, is amended by
inserting ``, including how to enroll in the system of annual patient
enrollment established and operated under section 1705 of title 38, the
ability to seek care and services under sections 1703 and 1710 of such
title'' before the semicolon.
(c) Solid Start Program.--Section 6320(a)(2)(A) of title 38, United
States Code, is amended by inserting ``, including how to enroll in the
system of annual patient enrollment established and operated under
section 1705 of this title and the ability to seek care and services
under sections 1703 and 1710 of this title'' before the semicolon.
(d) Comptroller General Report on Outreach.--Not later than two
years after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report on the
efforts of the Department of Veterans Affairs to ensure that veterans
are informed of the conditions for eligibility for care and services
under section 1703 of title 38, United States Code, including outreach
conducted under subsection (r) of such section, as added by subsection
(a) of this section.
SEC. 108. PLAN TO IMPROVE ADMINISTRATION OF CARE UNDER VETERANS
COMMUNITY CARE PROGRAM.
(a) In General.--The Secretary of Veterans Affairs, working with
Third Party Administrators and acting through the Center for Innovation
for Care and Payment of the Department of Veterans Affairs under
section 1703E of title 38, United States Code, shall develop and
implement a plan--
(1) to provide monetary and non-monetary incentives to
health care providers specified in subsection (c) of section
1703 of title 38, United States Code, furnishing care or
services under the Veterans Community Care Program under such
section pursuant to an agreement with a Third Party
Administrator--
(A) to allow the Secretary and Third Party
Administrators to see the scheduling system of the
provider for purposes of assessing availability and
assisting with scheduling appointments for veterans
under such program, including through synchronous,
asynchronous, and asynchronous assisted digital
scheduling;
(B) to complete training for continuing
professional education credit regarding veteran
cultural competency and other subjects as determined
appropriate by the Secretary and to better account for
equivalent or similar non-Department training;
(C) to improve the rate of the timely return to the
Department of medical record documentation for care or
services provided under such program;
(D) to improve the timeliness and quality of the
delivery of care and services to veterans under such
program; and
(E) to achieve such other objectives as determined
appropriate by the Secretary in consultation with Third
Party Administrators;
(2) to decrease the rate of no-show appointments under such
program and consider the feasibility and advisability of
appropriately compensating such health care providers for no-
show appointments under such program; and
(3) within each region in which such program is carried
out, to assess needed specialties and incentivize community
providers in those specialties to participate in such program.
(b) Value-Based Reimbursement Models.--In developing the plan under
subsection (a), the Secretary and Third Party Administrators shall
explore value-based reimbursement models authorized to be used under
section 1703(i)(5) of title 38, United States Code, to achieve the
goals under such subsection.
(c) Submittal of Plan.--
(1) Initial plan.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives the plan
developed under subsection (a).
(2) Quarterly update.--Not less frequently than quarterly
during the five-year period following the submittal of the plan
under paragraph (1), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
containing any updates on the implementation of such plan.
(3) Use of value-based reimbursement models.--The Secretary
shall include with the plan submitted under paragraph (1) and
any report submitted under paragraph (2)--
(A) a complete list of the value-based
reimbursement models considered under the plan;
(B) an indication of whether any such model has
been put into practice; and
(C) with respect to any such model that was
considered but not put into practice, a description of
the reasons such model was not put into practice.
(d) No Penalty for Not Meeting Objectives.--Health care providers
specified in section 1703(c) of title 38, United States Code, shall not
be penalized for not meeting an objective under paragraph (1) of
subsection (a) included in the plan required under such subsection.
(e) Rule of Construction.--This section shall not be construed to
be a pilot program subject to the requirements of section 1703E of
title 38, United States Code.
(f) Third Party Administrator Defined.--In this section, the term
``Third Party Administrator'' means an entity that manages a provider
network and performs administrative services related to such network
under section 1703 of title 38, United States Code.
SEC. 109. USE OF VALUE-BASED REIMBURSEMENT MODELS UNDER VETERANS
COMMUNITY CARE PROGRAM.
(a) In General.--Section 1703(i)(5) of title 38, United States
Code, is amended by striking ``may'' and inserting ``shall''.
(b) Negotiation of Terms.--The Secretary of Veterans Affairs shall
negotiate with Third Party Administrators to establish the use of
value-based reimbursement models under the Veterans Community Care
Program under section 1703 of title 38, United States Code, pursuant to
the amendment made by subsection (a).
(c) Report on Value-Based Reimbursement Models.--Not later than one
year after negotiating under subsection (b) terms to establish the use
of value-based reimbursement models under the Veterans Community Care
Program under section 1703 of title 38, United States Code, the
Secretary, in consultation with the Center for Innovation for Care and
Payment of the Department of Veterans Affairs under section 1703E of
title 38, United States Code, and the Office of Integrated Veteran Care
of the Department, or successor office, shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report containing--
(1) an assessment of the efforts of the Department pursuant
to section 1703(i)(5) of such title, as amended by subsection
(a), to incorporate value-based reimbursement models to promote
the provision of high-quality care to veterans; and
(2) such recommendations for legislative or administrative
action as the Secretary considers appropriate to increase the
use of value-based reimbursement models throughout the Veterans
Community Care Program under section 1703 of such title.
(d) Rule of Construction.--This section shall not be construed to
be a pilot program subject to the requirements of section 1703E of
title 38, United States Code.
(e) Third Party Administrator Defined.--In this section, the term
``Third Party Administrator'' means an entity that manages a provider
network and performs administrative services related to such network
under section 1703 of title 38, United States Code.
SEC. 110. EXTENSION OF DEADLINE FOR SUBMITTAL OF CLAIMS BY HEALTH CARE
ENTITIES AND PROVIDERS UNDER PROMPT PAYMENT STANDARD.
Section 1703D(b) of title 38, United States Code, is amended by
striking ``180 days'' and inserting ``one year''.
SEC. 111. INSPECTOR GENERAL ASSESSMENT OF IMPLEMENTATION OF VETERANS
COMMUNITY CARE PROGRAM.
(a) In General.--Not later than three years after the date of the
enactment of this Act, and periodically thereafter as the Inspector
General of the Department of Veterans Affairs considers appropriate,
the Inspector General shall assess the performance of each medical
center of the Department of Veterans Affairs in--
(1) appropriately identifying veterans eligible for care
and services under section 1703 of title 38, United States
Code;
(2) informing veterans of their eligibility for such care
and services, including, if appropriate and applicable, the
availability of such care and services via telehealth;
(3) delivering such care and services in a timely manner;
and
(4) appropriately coordinating such care and services.
(b) Commencement of Assessment.--Not later than one year after the
date of the enactment of this Act, the Inspector General of the
Department shall commence the initial assessment required by subsection
(a).
TITLE II--OTHER HEALTH CARE MATTERS
SEC. 201. STRATEGIC PLAN ON TRANSITION OF VETERANS HEALTH
ADMINISTRATION TO VALUE-BASED HEALTH CARE MODEL.
(a) Findings.--Congress makes the following findings:
(1) The final report of the Creating Options for Veterans'
Expedited Recovery Commission (commonly referred to as the
``COVER Commission'') established under section 931 of the
Jason Simcakoski Memorial and Promise Act (title IX of Public
Law 114-198; 38 U.S.C. 1701 note) submitted under subsection
(e)(2) of such section made a key recommendation to transform
the current health care delivery model of the Department of
Veterans Affairs into one that is person-centered,
relationship-based, and recovery-focused, and to support that
transformation with a system that is value-based and
incentivized for continuous innovation and quality improvement.
(2) The consensus study report of the Health and Medicine
Division of the National Academies of Sciences, Engineering,
and Medicine dated February 2022 and entitled, ``Achieving
Whole Health: A New Approach for Veterans and the Nation''
recommends the Veterans Health Administration adopt a value-
based model to align with delivering whole health care.
(3) The consensus study report of the National Academy of
Medicine dated October 2020 found that a value-based care model
helps reduce physician burnout.
(4) The National Academy of Medicine has developed a widely
accepted approach that describes high-value health care as
safe, timely, effective, efficient, equitable, and patient-
centered (STEEEP). Further, the Institute for Healthcare
Improvement has translated that approach into a framework for
action known as the ``Quadruple Aim''. The Quadruple Aim is
made up of better patient outcomes, improved patient
satisfaction, lower costs, and physician and health care
professional well-being.
(5) Health care systems that have made the transition to
value-based care have seen a significant decrease in suicides
among their patient population, and the top clinical priority
of the Veterans Health Administration is suicide prevention.
(6) Value-based care programs can encourage providers to
work together to deliver coordinated, person-centered care,
which will improve the overall quality of care.
(7) A critical component of a successful transition to a
value-based care delivery model is an operational electronic
health record system in place as a foundation.
(b) Establishment of Working Group.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a working group on the shift of the Veterans
Health Administration to a value-based care system.
(2) Membership.--
(A) Required members.--The working group shall
include, at a minimum, the following members:
(i) The Under Secretary of Veterans Affairs
for Health.
(ii) The Director of the Office of Mental
Health and Suicide Prevention of the Department
of Veterans Affairs, or successor office.
(iii) The Director of the Office of
Integrated Veteran Care of the Department, or
successor office.
(iv) The Director of the Office of Rural
Health of the Department, or successor office.
(v) The Director of the Office of Connected
Care of the Department, or successor office.
(vi) The Director of the Office of
Information and Technology of the Department,
or successor office.
(vii) The Chief Officer of the Office of
Healthcare Innovation and Learning of the
Office of Discovery, Education, and Affiliate
Networks of the Veterans Health Administration,
or successor office.
(viii) An individual designated by the
Secretary from the Center for Innovation for
Care and Payment of the Department under
section 1703E of title 38, United States Code.
(ix) An individual designated by the
Administrator of the Centers for Medicare &
Medicaid Services from the Center for Medicare
and Medicaid Innovation.
(x) An individual designated by the
Secretary of Health and Human Services from the
Federal Office of Rural Health Policy of the
Health Resources and Services Administration.
(B) Optional members.--The Secretary of Veterans
Affairs may appoint any of the following individuals as
members of the working group:
(i) An individual representing the Health
and Medicine Division of the National Academies
of Sciences, Engineering, and Medicine.
(ii) An individual designated by the
Chairman of the Veterans' Expedited Recovery
Commission (commonly referred to as the ``COVER
Commission'') established under section 931 of
the Jason Simcakoski Memorial and Promise Act
(title IX of Public Law 114-198; 38 U.S.C. 1701
note).
(iii) Three individuals representing a
private health care system that has made the
transition to value-based care.
(iv) Three individuals representing a
health care provider participating in the
Veterans Community Care Program under section
1703 of title 38, United States Code, that
operates under a value-based care model.
(v) An individual representing an
organization recognized by the Secretary of
Veterans Affairs under section 5902 of title
38, United States Code.
(3) Exemption from application of faca.--Chapter 10 of
title 5, United States Code, shall not apply to the working
group established under paragraph (1).
(c) Development of Strategic Plan.--
(1) In general.--Not later than one year after the
establishment of the working group under subsection (b), the
working group shall develop a strategic plan to shift the
Veterans Health Administration to a value-based care system.
(2) Elements.--The strategic plan required under paragraph
(1) shall contain the following elements:
(A) An identification of the current state of the
Veterans Health Administration, including an assessment
of the current model of health care delivery used by
the Veterans Health Administration in medical
facilities of the Department of Veterans Affairs and
through the Veterans Community Care Program under
section 1703 of title 38, United States Code, in
comparison to a value-based care system.
(B) An analysis of the leadership of the Veterans
Health Administration, including an assessment of
leadership acumen and ability to implement a shift with
a clear, shared vision and effective change management
and care coordination.
(C) An identification of goals for the future of
the Veterans Health Administration.
(D) An identification and classification of the
current capabilities and gaps of the health care system
of the Department of Veterans Affairs.
(E) An analysis of the four main types of value-
based care models, including--
(i) a selection of the model that best fits
a successful transition for the Veterans Health
Administration; and
(ii) a thorough justification of the
selection of such model.
(F) A definition of what quality means with respect
to access to health care and delivery of health care.
(G) A definition of what value means with respect
to care furnished by the Veterans Health
Administration, a system, with metrics, for measuring
value within the Veterans Health Administration that
includes outcomes, safety, service, access, and total
cost of patient care, and an analysis of variable value
with respect to patient outcomes across different
health care types and specialities.
(H) An assessment of the current information
technology infrastructure of the Veterans Health
Administration and any recommendations to make such
infrastructure more robust.
(I) An assessment of the workforce challenges and
needs of the Veterans Health Administration, including
with respect to recruitment and retention and the
effectiveness of the ability of the performance
appraisal system of the Veterans Health Administration
to appropriately incentivize and reward employees and
ensure adherence to relevant statutes, regulations,
policy directives, and treatment guidelines.
(J) An assessment of the current value-driven
framework of the Department for evaluating health care
innovations and how that framework could be used to
propel a shift in the model of care delivery by the
Department.
(K) A focus on value-based care for primary care,
inpatient and outpatient mental health care, and
inpatient and outpatient substance use treatment.
(L) A description of the timeline, costs, and
legislative or administrative action necessary to
transition the Veterans Health Administration to a
value-based care system.
(d) Submittal of Strategic Plan to Congress.--Not later than 30
days after the completion by the working group established under
subsection (b) of the strategic plan required under subsection (c), the
Secretary of Veterans Affairs shall submit the strategic plan to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives.
(e) Pilot Program Implementation of Strategic Plan.--
(1) In general.--Not later than 180 days after the
submittal under subsection (d) of the strategic plan required
under subsection (c), the Secretary of Veterans Affairs shall
commence a five-year pilot program to implement the strategic
plan.
(2) Care included.--The pilot program under paragraph (1)
shall include the implementation of the strategic plan for the
delivery by the Veterans Health Administration of primary care,
inpatient and outpatient mental health treatment, and inpatient
and outpatient substance use treatment.
(3) Locations.--The Secretary shall carry out the pilot
program under paragraph (1) in four Veterans Integrated Service
Networks that are geographically dispersed and shall include
the following:
(A) A Veterans Integrated Service Network that
predominately serves veterans in rural and highly rural
areas.
(B) A Veterans Integrated Service Network that
predominately serves veterans in urban areas.
(C) A Veterans Integrated Service Network that has
a high rate of suicide among veterans.
(D) A Veterans Integrated Service Network that has
a high rate of substance use disorder among veterans.
(E) A Veterans Integrated Service Network with a
documented issue with workforce recruitment and
retention.
(4) Reports to congress.--
(A) Annual report.--Not later than one year after
the commencement of the pilot program, and annually
thereafter during the duration of the pilot program,
the Secretary shall submit to Congress a report on the
pilot program.
(B) Final report.--Not later than 180 days before
the conclusion of the pilot program, the Secretary
shall submit to Congress a final report on the pilot
program that includes a plan and timeline for full
implementation of the strategic plan required under
subsection (c) across the entire Veterans Health
Administration.
SEC. 202. PLAN ON ESTABLISHMENT OF INTERACTIVE, ONLINE SELF-SERVICE
MODULE FOR CARE.
(a) In General.--The Secretary of Veterans Affairs, working with
Third Party Administrators and acting through the Center for Innovation
for Care and Payment of the Department of Veterans Affairs under
section 1703E of title 38, United States Code, shall develop and
implement a plan to establish an interactive, online self-service
module--
(1) to allow veterans to request appointments, track
referrals for health care under the laws administered by the
Secretary, whether at a facility of the Department or through a
non-Department provider, and receive appointment reminders;
(2) to allow veterans to appeal and track decisions
relating to--
(A) denials of requests for care or services under
section 1703 of title 38, United States Code; or
(B) denials of requests for care or services at
facilities of the Department, including under section
1710 of such title; and
(3) to implement such other matters as determined
appropriate by the Secretary in consultation with Third Party
Administrators.
(b) Submittal of Plan.--
(1) Initial plan.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives the plan
developed under subsection (a).
(2) Quarterly update.--Not less frequently than quarterly
following the submittal of the plan under paragraph (1) and for
two years thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
containing any updates on the implementation of such plan.
(c) Rule of Construction.--This section shall not be construed to
be a pilot program subject to the requirements of section 1703E of
title 38, United States Code.
(d) Third Party Administrator Defined.--In this section, the term
``Third Party Administrator'' means an entity that manages a provider
network and performs administrative services related to such network
under section 1703 of title 38, United States Code.
SEC. 203. PUBLICATION OF WAIT TIMES FOR CARE AT MEDICAL CENTERS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1703F the following
new section:
``Sec. 1703G. Publication of wait times for care at medical centers
``(a) In General.--The Secretary shall publish on a publicly
available internet website of the Department the average wait time for
a veteran to schedule an appointment at each medical center of the
Department for the receipt of primary care, specialty care, and mental
health care measured from the date of request for the appointment to
the date on which the care was provided.
``(b) Update.--The Secretary shall update the wait times published
under subsection (a) not less frequently than monthly.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1703F the following new item:
``1703G. Publication of wait times for care at medical centers.''.
SEC. 204. DOCUMENTATION OF PREFERENCES OF VETERANS FOR SCHEDULING OF
APPOINTMENTS FOR CARE.
(a) In General.--Upon enrollment of a veteran in the system of
annual patient enrollment of the Department of Veterans Affairs
established and operated under section 1705(a) of title 38, United
States Code, and not less frequently than annually thereafter, the
Secretary of Veterans Affairs shall solicit from the veteran the
preference of the veteran for scheduling of appointments for health
care and related services furnished by the Department, including
through non-Department providers.
(b) Documentation of Preference.--Preferences provided by a veteran
pursuant to subsection (a) shall be documented on My HealtheVet or
another system designated by the Secretary that allows the veteran to
change such preferences at any time.
(c) Inclusion in Preference.--Preferences solicited under
subsection (a) shall include the following:
(1) How and when the veteran prefers to be contacted by the
Department about an appointment for health care.
(2) Whether the veteran prefers to schedule their own
appointments, if able.
(3) Whether the veteran prefers to select their own
provider, if able.
(4) Whether the veteran prefers appointments to be
scheduled during certain days or times.
(5) Whether the veteran is willing to consider telehealth
appointments.
(d) Use of Preference.--The Secretary shall make the preferences
provided under subsection (a) easily accessible to medical support
assistants and other staff of the Department assisting in the
appointment scheduling process to use to improve the timeliness of the
scheduling of appointments for health care and related services
furnished by the Department, including through non-Department
providers.
SEC. 205. STAFFING MODEL AND PERFORMANCE METRICS FOR CERTAIN EMPLOYEES
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Staffing Model.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) develop, validate, and implement a staffing
model for the Office of Integrated Veteran Care of the
Department of Veterans Affairs, or successor office,
Veterans Integrated Services Networks, and medical
centers of the Department that includes appropriate
target staffing levels nationally, regionally, and
locally to ensure timely access to care and effectively
oversee the provision of care by the Department,
whether at a facility of the Department or through a
non-Department provider; and
(B) provide to Congress a briefing on such staffing
model, which shall include--
(i) the metrics and measures used by the
Secretary in developing such staffing model;
and
(ii) an analysis of how such staffing model
compares to the staffing models of other
relevant government and private sector health
care systems.
(2) Report on implementation of staffing model.--Not later
than one year after implementing the staffing model required
under paragraph (1), the Secretary shall submit to Congress and
the Comptroller General of the United States a report
containing--
(A) an update on such implementation; and
(B) information on the outcomes yielded by such
staffing model in terms of improved access to care for
veterans and improved compliance with relevant laws,
regulations, policy directives, and guidance governing
access to care.
(b) Performance Metrics.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall develop and
implement a plan to incorporate appropriate performance metrics
and accountability measures within the performance appraisal
systems for employees of the Department specified in paragraph
(2).
(2) Employees of the department specified.--Employees of
the Department specified in this paragraph are employees who
are responsible for ensuring timely access to care from the
Department, compliance with relevant statutes and regulations
relating to the provision of care, including section 1703 of
title 38, United States Code, and overseeing the provision of
care, whether at a facility of the Department or through a non-
Department provider, including employees within the Office of
Integrated Veteran Care of the Department, or successor office,
employees of a Veterans Integrated Service Network, and
employees of a medical center of the Department.
(3) Report on implementation of performance metrics.--Not
later than one year after implementing the performance metrics
required under paragraph (1), the Secretary shall submit to
Congress and the Comptroller General of the United States a
report containing--
(A) an update on such implementation; and
(B) information on the outcomes yielded by such
performance metrics in terms of improved access to care
for veterans and improved compliance with relevant
laws, policy directives, and guidance governing access
to care.
(c) Comptroller General Report.--Not later than two years after
receiving the report under subsection (a)(2) or the report under
subsection (b)(3), whichever occurs later, the Comptroller General of
the United States shall submit to Congress a report--
(1) assessing the performance of the Office of Integrated
Veteran Care of the Department, or successor office, in
improving access to care for veterans in facilities of the
Department and pursuant to section 1703 of title 38, United
States Code; and
(2) containing such recommendations as the Comptroller
General considers appropriate relating to improving access to
such care.
SEC. 206. MODIFICATION OF REQUIREMENTS FOR CENTER FOR INNOVATION FOR
CARE AND PAYMENT OF THE DEPARTMENT OF VETERANS AFFAIRS
AND REQUIREMENT FOR PILOT PROGRAM.
(a) In General.--Section 1703E of title 38, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``within the
Department'' and inserting ``within the Office of the
Secretary'';
(B) in paragraph (2), by striking ``may'' and
inserting ``shall''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) increase productivity, efficiency, and modernization
throughout the Department.'';
(2) by striking subsection (d) and inserting the following
new subsection (d):
``(d) Budgetary Line Item.--The Secretary shall include in the
budget justification materials submitted to Congress in support of the
budget of the Department of Veterans Affairs for a fiscal year (as
submitted with the budget of the President under section 1105(a) of
title 31) specific identification, as a budgetary line item, of the
amounts required to carry out this section.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``in subchapters
I, II, and III of this chapter'' and inserting ``of
this title, of title 38, Code of Federal Regulations,
and of any handbooks, directives, or policy documents
of the Department''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``waiving any authority''
and inserting ``waiving any provision of this title'';
(4) in subsection (g)(1), by inserting ``fewer than three
or'' before ``more than 10'';
(5) in subsection (i)--
(A) in paragraph (1), by striking ``the Under
Secretary for Health and the Special Medical Advisory
Group established pursuant to section 7312 of this
title'' and inserting ``the Under Secretary for Health,
the Special Medical Advisory Group established pursuant
to section 7312 of this title, the Office of Integrated
Veteran Care (or successor office), the Office of
Finance (or successor office), the Veteran Experience
Office (or successor office), the Office of Enterprise
Integration (or successor office), and the Office of
Information and Technology (or successor office)''; and
(B) in paragraph (2), by striking ``representatives
of relevant Federal agencies, and clinical and
analytical experts with expertise in medicine and
health care management'' and inserting
``representatives of relevant Federal agencies,
nonprofit organizations, and other public and private
sector entities, including those with clinical and
analytical experts with expertise in medicine and
health care management''; and
(6) by adding at the end the following new subsection:
``(k) Report on Activities of Center for Innovation for Care and
Payment.--Not less frequently than annually, the Secretary shall submit
to Congress a report that contains, for the one-year period preceding
the date of the report--
``(1) a full accounting of the activities, staff, budget,
and other resources and efforts of the Center; and
``(2) an assessment of the outcomes of the efforts of the
Center.''.
(b) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report--
(1) on the efforts of the Center for Innovation for Care
and Payment of the Department of Veterans Affairs in fulfilling
the objectives and requirements under section 1703E of title
38, United States Code, as amended by subsection (a); and
(2) containing such recommendations as the Comptroller
General considers appropriate.
(c) Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Center for Innovation for Care
and Payment of the Department of Veterans Affairs under section
1703E of title 38, United States Code, shall establish a three-
year pilot program in not fewer than five locations to allow
veterans enrolled in the system of annual patient enrollment of
the Department established and operated under section 1705(a)
of such title to access outpatient mental health and substance
use services through health care providers specified under
section 1703(c) of such title without referral or pre-
authorization.
(2) Priority.--In selecting sites for the pilot program
under paragraph (1), the Secretary shall prioritize sites in
the following areas:
(A) Areas with varying degrees of urbanization,
including urban, rural, and highly rural areas.
(B) Areas with high rates of suicide among
veterans.
(C) Areas with high rates of overdose deaths among
veterans.
(D) Areas with high rates of calls to the Veterans
Crisis Line.
(E) Areas with long wait times for mental health
and substance use services at facilities of the
Department.
(F) Areas with outpatient mental health and
substance use programs that utilize a value-based care
model, to the extent practicable.
(3) Elements.--The Secretary, in implementing the pilot
program under paragraph (1), shall ensure the Department has a
care coordination system in place that includes--
(A) knowledge sharing, including the timely
exchange of medical documentation;
(B) assistance with transitions of care, including
the potential need for inpatient or residential
psychiatric services, substance use detoxification
services, post-detoxification step-down services, and
residential rehabilitation programs;
(C) continuous assessment of patient needs and
goals; and
(D) creating personalized, proactive care plans.
(4) Oversight and outcomes.--The Secretary shall develop
appropriate metrics and measures--
(A) to track and oversee sites at which the pilot
program under paragraph (1) is carried out;
(B) to monitor patient safety and outcomes under
the pilot program; and
(C) to assess and mitigate any barriers to
extending the pilot program across the entire Veterans
Health Administration.
(5) Annual report.--
(A) In general.--Not later than one year after the
commencement of the pilot program under paragraph (1),
and not less frequently than annually thereafter during
the duration of the pilot program, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and Committee on Veterans' Affairs of the House
of Representatives a report on the pilot program, which
shall include the following:
(i) The number of unique veterans who
participated in the pilot program.
(ii) The number of health care providers
who participated in the pilot program.
(iii) An assessment of the effectiveness of
the pilot program in increasing access to, and
improving outcomes for, mental health and
substance use treatment services.
(iv) The cost of the pilot program.
(v) Such other matters as the Secretary
considers appropriate.
(B) Final report.--The Secretary shall include in
the final report submitted under subparagraph (A), in
addition to the requirements under such subparagraph,
the assessment by the Secretary of the feasibility and
advisability of extending the pilot program across the
entire Veterans Health Administration, including a
plan, timeline, and required resources for such an
extension.
(6) Veterans crisis line defined.--In this subsection, the
term ``Veterans Crisis Line'' means the toll-free hotline for
veterans established under section 1720F(h) of title 38, United
States Code.
SEC. 207. ONLINE HEALTH EDUCATION PORTAL FOR VETERANS ENROLLED IN
PATIENT ENROLLMENT SYSTEM OF DEPARTMENT OF VETERANS
AFFAIRS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall establish an online health
education portal that includes interactive online educational modules
to ensure veterans enrolled in the patient enrollment system of the
Department of Veterans Affairs established and operated under section
1705(a) of title 38, United States Code, understand their basic health
care eligibilities and entitlements under the laws administered by the
Secretary, including under the Veterans Community Care Program under
section 1703 of such title.
SEC. 208. REPORTS.
(a) Report on Improvements to Clinical Appeals Process.--Not later
than one year after the date of the enactment of this Act, and not less
frequently than once every three years thereafter, the Secretary of
Veterans Affairs, in consultation with veterans service organizations,
veterans, caregivers of veterans, employees of the Department of
Veterans Affairs, and other stakeholders as determined by the
Secretary, shall submit to the Committee on Veterans' Affairs of the
Senate and Committee on Veterans' Affairs of the House of
Representatives a report containing recommendations for legislative or
administrative action to improve the clinical appeals process of the
Department with respect to timeliness, transparency, objectivity,
consistency, and fairness.
(b) Report on Required Care and Services Under Community Care
Program.--Not later than one year after the date of the enactment of
this Act, and not less frequently than annually thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and Committee on Veterans' Affairs of the House of
Representatives a report that contains, for the one-year period
preceding the date of the report, the following:
(1) The number of veterans eligible for care or services
under section 1703 of title 38, United States Code, and the
reasons for such eligibility, including multiple such reasons
for veterans eligible under more than one eligibility criteria.
(2) The number of veterans who opt to seek care or services
under such section.
(3) The number of veterans who do not opt to seek care or
services under such section.
(4) An assessment of the timeliness of referrals for care
or services under such section.
(5) The number of times a veteran did not show for an
appointment for care or services under such section.
(6) The number of requests for an appeal of a denial of
care or services under such section using the clinical appeals
process of the Veterans Health Administration.
(7) The timeliness of each such appeal.
(8) The outcome of each such appeal.
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary under section 5902 of title 38, United
States Code.
<all>
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118S1316 | Servicemembers’ Credit Monitoring Enhancement Act | [
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
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[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1316
To amend the Fair Credit Reporting Act to expand the definition of an
active duty military consumer for purposes of certain credit monitoring
requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself, Mr. Cramer, Mr. Carper, and Mr. Daines)
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 Credit Reporting Act to expand the definition of an
active duty military consumer for purposes of certain credit monitoring
requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Credit Monitoring
Enhancement Act''.
SEC. 2. CREDIT MONITORING.
(a) In General.--Section 605A(k) of the Fair Credit Reporting Act
(15 U.S.C. 1681c-1(k)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Definitions.--In this subsection:
``(A) Uniformed services.--The term `uniformed
services' has the meaning given the term in section
101(a) of title 10, United States Code.
``(B) Uniformed services member consumer.--The term
`uniformed services member consumer' means a consumer
who, regardless of duty status, is--
``(i) a member of the uniformed services;
or
``(ii) a spouse, or a dependent who is not
less than 18 years old, of a member of the
uniformed services.''; and
(2) in paragraph (2)(A), by striking ``active duty military
consumer'' and inserting ``uniformed services member
consumer''.
(b) Regulations.--The Federal Trade Commission shall issue rules to
carry out the amendments made by subsection (a).
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 1 year after the date on which the
Federal Trade Commission issues the final rule under subsection (b).
<all>
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118S1317 | Anti-Racism in Public Health Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1317 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1317
To amend the Public Health Service Act to provide for public health
research and investment into understanding and eliminating structural
racism and police violence.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Warren (for herself, Mr. Merkley, Mr. Markey, Ms. Smith, Ms.
Hirono, and Mr. Wyden) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to provide for public health
research and investment into understanding and eliminating structural
racism and police violence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Racism in Public Health Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Antiracism.--The term ``antiracism'' is a collection of
antiracist policies that lead to racial equity, and are
substantiated by antiracist ideas.
(2) Antiracist.--The term ``antiracist'' is any measure
that produces or sustains racial equity between racial groups.
SEC. 3. PUBLIC HEALTH RESEARCH AND INVESTMENT IN DISMANTLING STRUCTURAL
RACISM.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320C. NATIONAL CENTER ON ANTIRACISM AND HEALTH.
``(a) In General.--
``(1) National center.--There is established within the
Centers for Disease Control and Prevention a center to be known
as the `National Center on Antiracism and Health' (referred to
in this section as the `Center'). The Director of the Centers
for Disease Control and Prevention shall appoint a director to
head the Center who has experience living in and working with
racial and ethnic minority communities. The Center shall
promote public health by--
``(A) declaring racism a public health crisis and
naming racism as an historical and present threat to
the physical and mental health and well-being of the
United States and world;
``(B) aiming to develop new knowledge in the
science and practice of antiracism, including by
identifying the mechanisms by which racism operates in
the provision of health care and in systems that impact
health and well-being;
``(C) transferring that knowledge into practice,
including by developing interventions that dismantle
the mechanisms of racism and replace such mechanisms
with equitable structures, policies, practices, norms,
and values so that a healthy society can be realized;
and
``(D) contributing to a national and global
conversation regarding the impacts of racism on the
health and well-being of the United States and world.
``(2) General duties.--The Secretary, acting through the
Center, shall undertake activities to carry out the mission of
the Center as described in paragraph (1), such as the
following:
``(A) Conduct research into, collect, analyze and
make publicly available data on, and provide leadership
and coordination for the science and practice of
antiracism, the public health impacts of structural
racism, and the effectiveness of intervention
strategies to address these impacts. Topics of research
and data collection under this subparagraph may include
identifying and understanding--
``(i) policies and practices that have a
disparate impact on the health and well-being
of communities of color;
``(ii) the public health impacts of
implicit racial bias, White supremacy,
weathering, xenophobia, discrimination, and
prejudice;
``(iii) the social determinants of health
resulting from structural racism, including
poverty, housing, employment, political
participation, and environmental factors; and
``(iv) the intersection of racism and other
systems of oppression, including as related to
age, sexual orientation, gender identity, and
disability status.
``(B) Award noncompetitive grants and cooperative
agreements to eligible public and nonprofit private
entities, including State, local, territorial, and
Tribal health agencies and organizations, for the
research and collection, analysis, and reporting of
data on the topics described in subparagraph (A).
``(C) Establish, through grants or cooperative
agreements, at least 3 regional centers of excellence,
located in racial and ethnic minority communities, in
antiracism for the purpose of developing new knowledge
in the science and practice of antiracism in health by
researching, understanding, and identifying the
mechanisms by which racism operates in the health
space, racial and ethnic inequities in health care
access and outcomes, the history of successful
antiracist movements in health, and other antiracist
public health work.
``(D) Establish a clearinghouse within the Centers
for Disease Control and Prevention for the collection
and storage of data generated under the programs
implemented under this section for which there is not
an otherwise existing surveillance system at the
Centers for Disease Control and Prevention. Such data
shall--
``(i) be comprehensive and disaggregated,
to the extent practicable, by including racial,
ethnic, primary language, sex, gender identity,
sexual orientation, age, socioeconomic status,
and disability disparities;
``(ii) be made publicly available;
``(iii) protect the privacy of individuals
whose information is included in such data; and
``(iv) comply with privacy protections
under the regulations promulgated under section
264(c) of the Health Insurance Portability and
Accountability Act of 1996.
``(E) Provide information and education to the
public on the public health impacts of structural
racism and on antiracist public health interventions.
``(F) Consult with other Centers and National
Institutes within the Centers for Disease Control and
Prevention, including the Office of Minority Health and
Health Equity and the Center for State, Tribal, Local,
and Territorial Support, to ensure that scientific and
programmatic activities initiated by the agency
consider structural racism in their designs,
conceptualizations, and executions, which shall
include--
``(i) putting measures of racism in
population-based surveys;
``(ii) establishing a Federal Advisory
Committee on racism and health for the Centers
for Disease Control and Prevention;
``(iii) developing training programs,
curricula, and seminars for the purposes of
training public health professionals and
researchers around issues of race, racism, and
antiracism;
``(iv) providing standards and best
practices for programming and grant recipient
compliance with Federal data collection
standards, including section 4302 of the
Patient Protection and Affordable Care Act; and
``(v) establishing leadership and
stakeholder councils with experts and leaders
in racism and public health disparities.
``(G) Coordinate with the Indian Health Service and
with the Centers for Disease Control and Prevention's
Tribal Advisory Committee to ensure meaningful Tribal
consultation, the gathering of information from Tribal
authorities, and respect for Tribal data sovereignty.
``(H) Engage in government to government
consultation with Indian Tribes and Tribal
organizations.
``(I) At least every 2 years, produce and publicly
post on the Centers for Disease Control and
Prevention's website a report on antiracist activities
completed by the Center, which may include newly
identified antiracist public health practices.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 4. PUBLIC HEALTH RESEARCH AND INVESTMENT IN POLICE VIOLENCE.
(a) In General.--The Secretary of Health and Human Services shall
establish within the National Center for Injury Prevention and Control
of the Centers for Disease Control and Prevention (referred to in this
section as the ``Center'') a law enforcement violence prevention
program.
(b) General Duties.--In implementing the program under subsection
(a), the Center shall conduct research into, and provide leadership and
coordination for--
(1) the understanding and promotion of knowledge about the
public health impacts of uses of force by law enforcement,
including police brutality and violence;
(2) developing public health interventions and perspectives
for eliminating deaths, injury, trauma, and negative mental
health effects from police presence and interactions, including
police brutality and violence; and
(3) ensuring comprehensive data collection, analysis, and
reporting regarding police violence and misconduct in
consultation with the Department of Justice and independent
researchers.
(c) Functions.--Under the program under subsection (a), the Center
shall--
(1) summarize and enhance the knowledge of the
distribution, status, and characteristics of law enforcement-
related death, trauma, and injury;
(2) conduct research and prepare, with the assistance of
State public health departments--
(A) statistics on law enforcement-related death,
injury, and brutality;
(B) studies of the factors, including legal,
socioeconomic, discrimination, and other factors that
correlate with or influence police brutality;
(C) public information about uses of force by law
enforcement, including police brutality and violence,
for the practical use of the public health community,
including publications that synthesize information
relevant to the national goal of understanding police
violence and methods for its control;
(D) information to identify socioeconomic groups,
communities, and geographic areas in need of study, and
a strategic plan for research necessary to comprehend
the extent and nature of police uses of force by law
enforcement, including police brutality and violence,
and determine what options exist to reduce or eradicate
death and injury that result; and
(E) best practices in police violence prevention in
other countries;
(3) award grants, contracts, and cooperative agreements to
provide for the conduct of epidemiologic research on uses of
force by law enforcement, including police brutality and
violence, by Federal, State, local, and private agencies,
institutions, organizations, and individuals;
(4) award grants, contracts, and cooperative agreements to
community groups, independent research organizations, academic
institutions, and other entities to support, execute, or
conduct research on interventions to reduce or eliminate uses
of force by law enforcement, including police brutality and
violence;
(5) coordinate with the Department of Justice, and other
Federal, State, and local agencies on the standardization of
data collection, storage, and retrieval necessary to collect,
evaluate, analyze, and disseminate information about the extent
and nature of uses of force by law enforcement, including
police brutality and violence, as well as options for the
eradication of such practices;
(6) submit an annual report to Congress on research
findings with recommendations to improve data collection and
standardization and to disrupt processes in policing that
preserve and reinforce racism and racial disparities in public
health;
(7) conduct primary research and explore uses of force by
law enforcement, including police brutality and violence, and
options for its control; and
(8) study alternatives to law enforcement response as a
method of reducing police violence.
(d) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this section.
<all>
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118S1318 | Election Worker Protection Act of 2023 | [
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[
"R00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1318
To provide enhanced protections for election workers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself, Mr. Durbin, Mr. King, Mr. Markey, Mr. Reed,
Mr. Blumenthal, Mrs. Shaheen, Mr. Bennet, Mr. Welch, Mrs. Feinstein,
Mrs. Murray, Mr. Hickenlooper, Mr. Sanders, Mr. Warner, Mr. Padilla,
Ms. Warren, Mr. Schatz, Ms. Smith, Mr. Merkley, Mr. Whitehouse, Ms.
Stabenow, Ms. Hirono, and Mr. Menendez) introduced the following bill;
which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To provide enhanced protections for election workers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Worker Protection Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Election worker.--The term ``election worker'' means an
individual who is an election official, poll worker, or an
election volunteer in connection with the administration of an
election for a Federal office.
(2) Personally identifiable information.--The term
``personally identifiable information'' has the meaning given
the term ``restricted personal information'' in section 119 of
title 18, United States Code.
SEC. 3. GRANTS TO STATES FOR ELECTION WORKER RECRUITMENT, TRAINING, AND
SAFETY.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end
the following:
``PART 7--ELECTION WORKER RECRUITMENT, TRAINING, AND SAFETY
``SEC. 297. GRANTS TO STATES FOR POLL WORKER AND ELECTION VOLUNTEER
RECRUITMENT AND TRAINING.
``(a) In General.--Not later than 1 year after the date of
enactment of the Election Worker Protection Act of 2023, the Commission
shall, subject to the availability of appropriations provided to carry
out this section, make a grant to each eligible State for recruiting
and training individuals to serve as poll workers and election
volunteers on dates of elections for public office.
``(b) Use of Commission Materials and Training Program
Development.--
``(1) In general.--In carrying out activities using funds
under a grant provided under this section, the recipient of the
grant shall--
``(A) use the materials prepared by the Commission
on successful practices for poll worker and election
volunteer recruiting, training, and retention as an
interactive training tool; and
``(B) develop training programs with the
participation and input of experts in adult learning.
``(2) Access and cultural considerations.--The Commission
shall ensure that the materials described in paragraph (1)(A)
provide training in methods that will enable poll workers and
election volunteers to provide access and delivery of services
that meet the unique needs of each voter in a culturally
competent manner with respect to each voter who uses the
services, including voters who have limited English
proficiency, are of diverse cultural or ethnic backgrounds, or
have disabilities, regardless of gender, sexual orientation, or
gender identity.
``(c) Requirements for Eligibility.--
``(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time, in such manner, and
containing such information as the Commission may reasonably
require.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought;
``(B) provide assurances that--
``(i) the funds provided under this section
will be used to supplement and not supplant
other funds used to carry out the activities;
``(ii) the State will furnish the
Commission with information about individuals
who served as poll workers and election
volunteers after recruitment and training with
the funds provided under this section; and
``(iii) the State will dedicate poll worker
and election volunteer recruitment efforts with
respect to--
``(I) youth and minors, including
by recruiting at institutions of higher
education and secondary education; and
``(II) diversity, including with
respect to race, ethnicity, and
disability; and
``(C) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
``(d) Amount of Grant.--
``(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
``(A) the aggregate amount made available for
grants to States under this section; and
``(B) the voting age population percentage for the
State.
``(2) Voting age population percentage defined.--In
paragraph (1), the `voting age population percentage' for a
State is the quotient of--
``(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); divided by
``(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
``(e) Rules for States That Do Not Submit an Application and Grants
to Political Subdivisions.--
``(1) In general.--If a State fails to submit an
application under subsection (c) at the time established by the
Commission for such submission, the Commission may offer to
political subdivisions within that State the opportunity to
apply for a payment under this section.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought;
``(B) provide assurances that--
``(i) the funds provided under this section
will be used to supplement and not supplant
other funds used to carry out the activities;
``(ii) the political subdivision will
furnish the Commission with information about
individuals who served as poll workers and
election volunteers after recruitment and
training with the funds provided under this
section; and
``(iii) the political subdivision will
dedicate poll worker and election volunteer
recruitment efforts with respect to--
``(I) youth and minors, including
by recruiting at institutions of higher
education and secondary education; and
``(II) diversity, including with
respect to race, ethnicity, and
disability; and
``(C) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
``(3) Amount of grants for political subdivisions.--The
amount of a grant made to a political subdivision under this
subsection shall be an amount that bears the same proportion to
the amount determined with respect to the State in which the
political subdivision is located as--
``(A) the aggregate amount made available for
grants to States under this section; bears to
``(B) the voting age population percentage for the
political subdivision of the State.
``(f) Reports to Congress.--
``(1) Relevant committees.--In this subsection, the term
`relevant committees' means--
``(A) the Committees on Rules and Administration
and Appropriations of the Senate; and
``(B) the Committees on Administration and
Appropriations of the House of Representatives.
``(2) Reports by recipients of grants.--Not later than 180
days after the date on which the Commission makes a final grant
under this section, the recipient shall submit a report to the
Commission on the activities conducted with the funds provided
under the grant.
``(3) Reports by commission.--Not later than 1 year after
the date on which the Commission makes the final grant under
this section, the Commission shall submit a report to the
relevant committees regarding--
``(A) the grants made under this section;
``(B) the activities carried out by recipients
using funds provided under the grants; and
``(C) such recommendations relating to recruitment
and training of election workers as the Commission
considers appropriate.
``(g) Funding.--
``(1) Authorization.--There is authorized to be
appropriated to the Commission for fiscal year 2024 and each
succeeding fiscal year such sums as may be necessary for
payments under this section, to remain available until
expended.
``(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
``SEC. 298. GRANTS TO STATES FOR ELECTION WORKER SAFETY.
``(a) In General.--Not later than 1 year after the date of
enactment of the Election Worker Protection Act of 2023, the Commission
shall, subject to the availability of appropriations provided to carry
out this section, make a grant to each eligible State for physical
security services and social media threat monitoring for election
workers.
``(b) Requirements for Eligibility.--
``(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time, in such manner, and
containing such information as the Commission may reasonably
require.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide assurances that--
``(i) the funds provided under this section
will be used to supplement and not supplant
other funds used to carry out the activities;
and
``(ii) the State will furnish the
Commission with information on the number of
individuals provided services under this
section.
``(c) Amount of Grant.--
``(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
``(A) the aggregate amount made available for
grants to States under this section; and
``(B) the voting age population percentage for the
State.
``(2) Voting age population percentage defined.--In
paragraph (1), the `voting age population percentage' for a
State is the quotient of--
``(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); divided by
``(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
``(d) Rules for States That Do Not Submit an Application and Grants
to Political Subdivisions.--
``(1) In general.--If a State fails to submit an
application under subsection (b) at the time established by the
Commission for such submission, the Commission may offer to
political subdivisions within that State the opportunity to
apply for a payment under this section.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide assurances that--
``(i) the funds provided under this section
will be used to supplement and not supplant
other funds used to carry out the activities;
and
``(ii) the political subdivision will
furnish the Commission with information on the
number of individuals provided services under
this section.
``(3) Amount of grants for political subdivisions.--The
amount of a grant made to a political subdivision under this
subsection shall be an amount that bears the same proportion to
the amount determined with respect to the State in which the
political subdivision is located as--
``(A) the aggregate amount made available for
grants to States under this section; bears to
``(B) the voting age population percentage for the
political subdivision of the State.
``(e) Reports to Congress.--
``(1) Relevant committees.--In this subsection, the term
`relevant committees' means--
``(A) the Committees on Rules and Administration
and Appropriations of the Senate; and
``(B) the Committees on Administration and
Appropriations of the House of Representatives.
``(2) Reports by recipients of grants.--Not later than 180
days after the date on which the Commission makes a final grant
under this section, the recipient shall submit a report to the
Commission on the activities conducted with the funds provided
under the grant.
``(3) Reports by commission.--Not later than 1 year after
the date on which the Commission makes the final grant under
this section, the Commission shall submit a report to the
relevant committees regarding--
``(A) the grants made under this section;
``(B) the activities carried out by recipients
using funds provided under the grants; and
``(C) such recommendations for physical security
services and social media threat monitoring as the
Commission considers appropriate.
``(f) Funding.--There is authorized to be appropriated to the
Commission for fiscal year 2024 and each succeeding fiscal year such
sums as may be necessary for payments under this section, to remain
available until expended.''.
(b) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended by adding at the end of the items relating
to subtitle D of title II the following:
``PART 7--Election Worker Recruitment, Training, and Safety
``Sec. 297. Grants to States for election worker recruitment and
training.
``Sec. 298. Grants to States for election worker safety.''.
SEC. 4. DEPARTMENT OF JUSTICE TRAINING RESOURCES FOR ADDRESSING THREATS
TO ELECTION WORKERS.
(a) Review.--Not later than 180 days after the date of enactment of
this Act, the Attorney General shall review training resources provided
to Federal, State, local, and Tribal law enforcement agencies and
ensure that the Department of Justice offers programs that include
training and resources to assist State, local, and Tribal law
enforcement agencies in understanding, detecting, deterring, and
investigating threats to election workers.
(b) Training.--The Attorney General shall make training available
to Department prosecutors and to Assistant United States Attorneys on
countering and prosecuting threats to election workers.
SEC. 5. GRANT PROGRAM TO PREVENT DISCLOSURE OF PERSONAL INFORMATION OF
ELECTION WORKERS.
(a) Authorization.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall establish a program
to provide grants to create or expand programs designed to protect the
personally identifiable information of election workers to entities
that--
(1) are--
(A) States or units of local government (as those
terms are defined in section 901 of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C.
10251)); or
(B) agencies of States or units of local
government; and
(2) operate a State or local database or registry that
contains personally identifiable information.
(b) Application.--Each entity described in subsection (a) that
desires a payment under this section shall submit to the Attorney
General an application at such time, in such manner, and containing
such information as the Attorney General may reasonably require.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to provide grants to
entities described in subsection (a) to create or expand programs
designed to protect the personally identifiable information of election
workers, including through--
(1) the creation of programs to redact or remove the
personally identifiable information of election workers, upon
request, from public records maintained by State agencies,
including by hiring third parties to redact or remove the
personally identifiable information of election workers from
public records;
(2) the expansion of existing programs to protect
personally identifiable information of election workers;
(3) the development or improvement of protocols,
procedures, and policies to prevent the release of personally
identifiable information of election workers;
(4) the defrayment of costs of modifying or improving
existing databases and registries to ensure that personally
identifiable information of election workers is protected from
release; and
(5) the development of confidential opt-out systems that
allow election workers to request that personally identifiable
information is not included in publicly accessible databases or
registries.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Comptroller General of the United States shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives an annual report
that includes a detailed description of the amount spent by
States and local governments using funds under this section
relating to protection of personally identifiable information
of election workers.
(2) States and local governments.--Not later than 180 days
after the date on which a State or local government receives
funds under this section, the State or local government shall
submit to the Comptroller General a report that, with respect
to that State or local government, contains the information
described in paragraph (1) to be included in the report
required under that paragraph.
SEC. 6. HARASSMENT OF ELECTION WORKERS PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Harassment of election workers
``(a) Election Worker.--For purposes of this section, the term
`election worker' means an individual who is an election official, poll
worker, or election volunteer in connection with an election for a
Federal office.
``(b) Harassment of Election Workers.--It shall be unlawful for any
person, whether acting under color of law or otherwise, to intimidate,
threaten, coerce, or attempt to intimidate, threaten, or coerce an
election worker with intent to impede, intimidate, or interfere with
that election worker while the election worker is engaged in the
performance of official duties, or with intent to retaliate against the
election worker on the basis of the performance of such duties.
``(c) Penalty.--Any person who violates subsection (b) shall be
fined not more than $100,000, imprisoned for not more than 5 years, or
both.
``(d) Special Agents.--The Attorney General, acting through the
Director of the Federal Bureau of Investigation, shall assign a special
agent to each field office of the Federal Bureau of Investigation to
investigate threats against election workers.''.
(b) Clerical Amendment.--The table of contents for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following:
``612. Harassment of election workers.''.
SEC. 7. MAKING INTIMIDATION OF TABULATION, CANVAS, AND CERTIFICATION
EFFORTS A CRIME.
Section 12(1) of the National Voter Registration Act of 1993 (52
U.S.C. 20511) is amended--
(1) in subparagraph (B), by striking ``; or'' at the end;
and
(2) by adding at the end the following new subparagraph:
``(D) processing or scanning ballots, or
tabulating, canvassing, or certifying voting results;
or''.
SEC. 8. PROHIBITION OF DOXXING OF ELECTION WORKERS.
Section 119(b)(2) of title 18, United States Code, is amended--
(1) in subparagraph (C), by striking ``or''at the end;
(2) in subparagraph (D), by inserting ``or'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(E) an election official, poll worker, or an
election volunteer in connection with an election for a
Federal office.''.
SEC. 9. PREVENTING POLL OBSERVER INTERFERENCE.
(a) Voter Protection Requirements.--Subtitle A of title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by
inserting after section 303 the following new section:
``SEC. 303A. VOTER PROTECTION REQUIREMENTS.
``(a) In General.--A State or local election official may remove a
poll observer from a polling location for an election for Federal
office or any location where processing, scanning, tabulating,
canvassing, or certifying voting results in such an election is
occurring on the basis that the State or local election official has a
reasonable basis to believe that the observer--
``(1) has engaged in, or imminently will engage in,
intimidation or deceptive practices prohibited by Federal law;
or
``(2) has disrupted, or will disrupt, the voting,
processing, scanning, tabulating, or canvassing of ballots or
the certification of results.
``(b) Rule of Construction.--Nothing in subsection (a) may be
construed to prevent a State or a unit of local government in a State
from permitting the removal of a poll observer for reasons other than
those described in subsection (a).
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office occurring on and after the date of
enactment of the Election Worker Protection Act of 2023.''.
(b) Conforming Amendment Relating to Voluntary Guidance.--Section
311(b) of the Help America Vote Act of 2022 (52 U.S.C. 21101(b)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of recommendations with respect to
section 303A, January 1, 2024.''.
(c) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended by inserting after the item relating to
section 303 the following:
``Sec. 303A. Voter protection requirements.''.
<all>
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118S1319 | Preventing Illegal Weapons Trafficking Act of 2023 | [
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"D0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1319 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1319
To address the importation and proliferation of machinegun conversion
devices.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself, Mr. Peters, Mr. Blumenthal, Mr. Casey, Mr.
Durbin, Mrs. Feinstein, Mr. Heinrich, Ms. Hirono, Mr. Markey, Mr.
Menendez, Mr. Murphy, Mr. Padilla, Mr. Reed, Mrs. Shaheen, Ms. Smith,
Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To address the importation and proliferation of machinegun conversion
devices.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Illegal Weapons
Trafficking Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``machinegun'' has the meaning given the term
in section 5845 of the Internal Revenue Code of 1986; and
(2) the term ``machinegun conversion device'' means any
part designed and intended solely and exclusively, or
combination of parts designed and intended, for use in
converting a weapon into a machinegun.
SEC. 3. PREVENTION AND INTERCEPTION STRATEGY.
(a) Strategy.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Attorney General, the Secretary of
Homeland Security, and the Secretary of the Treasury shall
develop and implement a strategy to prevent or intercept the
importation or trafficking of machinegun conversion devices.
(2) Contents.--The strategy described in paragraph (1)
shall include plans to optimize--
(A) the capacity of Federal law enforcement
agencies to detect, intercept, and seize machinegun
conversion devices;
(B) the coordination between State and local law
enforcement agencies and Federal law enforcement
agencies, including the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Federal Bureau of
Investigation, Homeland Security Investigations, and
U.S. Customs and Border Protection, when machinegun
conversion devices are seized at ports of entry;
(C) efforts by the Bureau of Alcohol, Tobacco,
Firearms and Explosives to collaborate with State and
local law enforcement agencies to identify and trace
machinegun conversion devices used in crimes, including
identifying the source of the device, whether from a
foreign country or the United States;
(D) training programs provided by Federal law
enforcement agencies to aid State and local law
enforcement agencies in identifying machinegun
conversion devices;
(E) the investigation and collection of data
regarding the origins of machinegun conversion devices
that are seized at ports of entry or recovered by law
enforcement agencies in the United States in order to
identify patterns and detect vulnerabilities; and
(F) the capacity of Federal law enforcement
agencies, including the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Federal Bureau of
Investigation, and Homeland Security Investigations, to
detect, intercept, and seize domestically produced
machinegun conversion devices, including machinegun
conversion devices produced using 3D printing
technology.
(b) Reports.--
(1) Initial report.--Not later than 120 days after the date
of enactment of this Act, the Attorney General, the Secretary
of Homeland Security, and the Secretary of the Treasury shall
submit a report on the strategy developed and implemented under
subsection (a), which shall include relevant statistical
information, to--
(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) Periodic updates.--Not less frequently than once every
2 years, the Attorney General, the Secretary of Homeland
Security, and the Secretary of the Treasury shall submit to the
congressional committees described in paragraph (1) an update
to the report submitted under that paragraph that describes
progress made on the implementation of the strategy developed
under subsection (a).
SEC. 4. FORFEITURE OF PROCEEDS FROM MACHINEGUN VIOLATIONS.
Section 5872 of the Internal Revenue Code of 1986 is amended--
(1) in subsection (a), by inserting ``, and any proceeds
derived from the illegal trafficking of a machinegun,'' after
``provisions of this chapter''; and
(2) by adding at the end the following:
``(c) Illegal Trafficking of a Machinegun.--For purposes of
subsection (a), the term `illegal trafficking of a machinegun' means
the making, manufacture, importation, exportation, or transfer of a
machinegun in violation of the provisions of this chapter or any
regulations prescribed under this chapter.''.
SEC. 5. GUN TRAFFICKING REPORT.
The Attorney General shall include information about machinegun
conversion devices in the annual firearms trafficking report announced
by the President on April 7, 2021, including--
(1) the number of crimes in which machinegun conversion
devices are used; and
(2) whether the machinegun conversion devices recovered
from crimes described in paragraph (1) are manufactured in the
United States or a foreign country.
<all>
</pre></body></html>
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118S132 | Daniel J. Harvey Jr. and Adam Lambert Improving Servicemember Transition to Reduce Veteran Suicide Act | [
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"... | <p><b>Daniel J. Harvey Jr. and Adam Lambert Improving Servicemember Transition to Reduce Veteran Suicide Act</b></p> <p>This bill requires the Department of Defense and Department of Veterans Affairs to jointly carry out a five-year pilot program to assess the feasibility and advisability of providing certain services and a module comprised of specified elements as part of the pre-separation transition process for members of the Armed Forces for the purpose of reducing the incidence of suicide among veterans.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 132 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 132
To require a pilot program on activities under the pre-separation
transition process of members of the Armed Forces for a reduction in
suicide among veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Brown (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To require a pilot program on activities under the pre-separation
transition process of members of the Armed Forces for a reduction in
suicide among veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel J. Harvey Jr. and Adam
Lambert Improving Servicemember Transition to Reduce Veteran Suicide
Act''.
SEC. 2. PILOT PROGRAM ON ACTIVITIES UNDER THE PRE-SEPARATION TRANSITION
PROCESS OF MEMBERS OF THE ARMED FORCES FOR A REDUCTION IN
SUICIDE AMONG VETERANS.
(a) Pilot Program Required.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly carry out a pilot program
to assess the feasibility and advisability of providing the module
described in subsection (b) and services under subsection (c) as part
of the pre-separation transition process for members of the Armed
Forces as a means of reducing the incidence of suicide among veterans.
(b) Module.--
(1) In general.--The module described in this subsection
shall include the following:
(A) An in-person meeting between a cohort of
members of the Armed Forces participating in the pilot
program and a social worker or nurse in which the
social worker or nurse--
(i) educates the cohort on resources for
and specific potential risks confronting such
members after discharge or release from the
Armed Forces, including--
(I) loss of community or a support
system;
(II) isolation from family,
friends, or society;
(III) identity crisis in the
transition from military to civilian
life;
(IV) vulnerability viewed as a
weakness;
(V) need for empathy;
(VI) self-medication and addiction;
(VII) importance of sleep and
exercise;
(VIII) homelessness;
(IX) risk factors contributing to
attempts of suicide and deaths by
suicide; and
(X) safe storage of firearms as
part of suicide prevention lethal means
safety efforts;
(ii) educates the cohort on--
(I) the signs and symptoms of
suicide risk and physical,
psychological, or neurological issues,
such as post-traumatic stress disorder,
traumatic brain injury, chronic pain,
sleep disorders, substance use
disorders, adverse childhood
experiences, depression, bipolar
disorder, and socio-ecological
concerns, such as homelessness,
unemployment, and relationship strain;
(II) the potential risks for
members of the Armed Forces from such
issues after discharge or release from
the Armed Forces; and
(III) the resources and treatment
options available to such members for
such issues through the Department of
Veterans Affairs, the Department of
Defense, and non-profit organizations;
(iii) educates the cohort about the
resources available to victims of military
sexual trauma through the Department of
Veterans Affairs; and
(iv) educates the cohort about the manner
in which members might experience challenges
during the transition from military to civilian
life, and the resources available to them
through the Department of Veterans Affairs, the
Department of Defense, and other organizations.
(B) The provision to each member of the cohort of
contact information for a counseling or other
appropriate facility of the Department of Veterans
Affairs in the locality in which such member intends to
reside after discharge or release.
(C) The submittal by each member of the cohort to
the Department of Veterans Affairs (including both the
Veterans Health Administration and the Veterans
Benefits Administration) of their medical records in
connection with service in the Armed Forces, whether or
not such members intend to file a claim with the
Department for benefits with respect to any service-
connected disability.
(2) Composition of cohort.--Each cohort participating in
the module described in this subsection shall be comprised of
not fewer than 50 individuals.
(c) Services.--In carrying out the pilot program, the Secretary of
Defense and the Secretary of Veterans Affairs shall provide to each
individual participating in the pilot program the following services:
(1) During the transition process and prior to discharge or
release from the Armed Forces, a one-on-one meeting with a
social worker or nurse of the Department of Veterans Affairs
who will--
(A) conduct an assessment of the individual
regarding eligibility to receive health care or
counseling services from the Department of Veterans
Affairs;
(B) for those eligible, or likely to be eligible,
to receive health care or counseling services from the
Department of Veterans Affairs--
(i) identify and provide contact
information for an appropriate facility of the
Department of Veterans Affairs in the locality
in which such individual intends to reside
after discharge or release;
(ii) facilitate registration or enrollment
in the system of patient enrollment of the
Department of Veterans Affairs under section
1705(a) of title 38, United States Code, if
applicable;
(iii) educate the individual about care,
benefits, and services available to the
individual through the Veterans Health
Administration; and
(iv) coordinate health care based on the
health care needs of the individual, if
applicable, to include establishing an initial
appointment, at the election of the individual,
to occur not later than 90 days after the date
of discharge or release of the member from the
Armed Forces.
(2) For each individual determined ineligible for care and
services from the Department of Veterans Affairs during the
transition process, the Secretary of Defense shall conduct an
assessment of the individual to determine the needs of the
individual and appropriate follow-up, which shall be identified
and documented in the appropriate records of the Department of
Defense.
(3) During the appointment scheduled pursuant to paragraph
(1)(B)(iv), the Secretary of Veterans Affairs shall conduct an
assessment of the individual to determine the needs of the
individual and appropriate follow-up, which shall be identified
and documented in the appropriate records of the Department of
Veterans Affairs.
(d) Locations.--
(1) Module and meeting.--The module under subsection (b)
and the one-on-one meeting under subsection (c)(1) shall be
carried out at not fewer than 10 locations of the Department of
Defense that serve not fewer than 300 members of the Armed
Forces annually that are jointly selected by the Secretary of
Defense and the Secretary of Veterans Affairs for purposes of
the pilot program.
(2) Assessment and appointment.--The assessment under
subsection (c)(2) and the appointment under subsection (c)(3)
may occur at any location determined appropriate by the
Secretary of Defense or the Secretary of Veterans Affairs, as
the case may be.
(3) Members served.--The locations selected under paragraph
(1) shall, to the extent practicable, be locations that,
whether individually or in aggregate, serve all the Armed
Forces and both the regular and reserve components of the Armed
Forces.
(e) Selection and Commencement.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly select the locations of the
pilot program under subsection (d)(1) and commence carrying out
activities under the pilot program by not later than September 30,
2024.
(f) Duration.--The duration of the pilot program shall be five
years.
(g) Reports.--
(1) In general.--Not later than one year after the
commencement of the pilot program, and annually thereafter
during the duration of the pilot program, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
submit to the appropriate committees of Congress a report on
the activities under the pilot program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The demographic information of the members and
former members of the Armed Forces who participated in
the pilot program during the one-year period ending on
the date of such report.
(B) A description of the activities under the pilot
program during such period.
(C) An assessment of the benefits of the activities
under the pilot program during such period to members
and former members of the Armed Forces.
(D) An assessment of whether the activities under
the pilot program as of the date of such report have
met the targeted outcomes of the pilot program among
members and former members who participated in the
pilot program within one year of discharge or release
from the Armed Forces.
(E) Such recommendations as the Secretary of
Defense and the Secretary of Veterans Affairs jointly
consider appropriate regarding the feasibility and
advisability of expansion of the pilot program,
extension of the pilot program, or both.
(h) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
<all>
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118S1320 | Ukraine Human Rights Policy Act of 2023 | [
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"sponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1320 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1320
To amend certain authorities relating to human rights violations and
abuses in Ukraine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Young (for himself and Ms. Rosen) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend certain authorities relating to human rights violations and
abuses in Ukraine, and for other 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 ``Ukraine Human Rights Policy Act of
2023''.
SEC. 2. CONGRESSIONAL OVERSIGHT OF MANDATORY IMPOSITION OF SANCTIONS
WITH RESPECT TO TRANSACTIONS WITH PERSONS RESPONSIBLE FOR
HUMAN RIGHTS ABUSES.
Section 11 of the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C.
8910) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Congressional Oversight.--
``(1) In general.--Not later than 60 days after receiving a
request from the chairman and ranking member of one of the
appropriate congressional committees with respect to whether a
person meets the criteria of a person described in subsection
(a), the President shall--
``(A) determine if the person meets such criteria;
and
``(B) submit a classified or unclassified report to
such chairman and ranking member with respect to such
determination that includes a statement of whether or
not the President imposed or intends to impose
sanctions under subsection (b) with respect to such
person.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Foreign Affairs of the House
of Representatives.''.
SEC. 3. SENSE OF CONGRESS.
Section 252 of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9542) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the Government of the Russian Federation bears
responsibility for the continuing violence in Ukraine and
imposition onto Ukrainian sovereignty;'';
(2) by redesignating paragraphs (2) through (10) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2) the Government of the Russian Federation's invasion
of Ukraine reflects years of disregard for territorial
integrity across the European continent;
``(3) paramilitary organizations are utilized by the
Government of the Russian Federation to execute foreign policy
goals, including through influence campaigns, economic
coercion, and violence, particularly sexual violence against
women;
``(4) ongoing violence from the Government of the Russian
Federation across Europe creates implications for allies and
partners of the United States outside of the European
continent, and a deterrence strategy therefore requires
coordination and cooperation with like-minded partners across
the globe;''; and
(4) by amending subparagraph (A) of paragraph (12) (as
redesignated) to read as follows:
``(A) to identify vulnerabilities to aggression,
information operations, in particular cyber warfare and
military information support operations, corruption,
and hybrid warfare by the Government of the Russian
Federation and its proxy forces;''.
SEC. 4. REPORT ON HUMAN RIGHTS ABUSES BY THE RUSSIAN FEDERATION IN
UKRAINE AND AGAINST UKRAINIAN RESIDENTS FORCIBLY
RELOCATED.
(a) In General.--The Secretary of State shall include in the report
required by sections 116(d) and 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(d) and 2304) information on human rights abuses
committed by Russian forces or persons acting on behalf of the Russian
Federation in Ukraine or against individuals who reside in Ukraine who
are forcibly relocated.
(b) Matters To Be Included.--The information required under
subsection (a) shall include--
(1) an assessment of Russian forces and Russian Federation-
affiliated non-state groups involved in human rights abuses
against civilians in Ukraine;
(2) an assessment of the number of individuals, including
the number of children, detained in filtration camps operated
by the Russian Federation or its proxies;
(3) a description of the conditions in such camps for
detainees, including, to the extent practicable, an assessment
of--
(A) methods of abuse;
(B) efforts to force individuals to renounce their
faith;
(C) efforts to facilitate the forced adoption of
Ukrainian children in violation of Ukrainian law; and
(D) other serious human rights abuses;
(4) to the extent practicable, an assessment of staffing
levels at such camps, including such camps at which military,
governmental, or other units are in charge;
(5) a description, as appropriate, of United States
diplomatic efforts with allies and other countries and relevant
international organizations--
(A) to address the gross violations of human rights
against Ukrainians;
(B) to prosecute individuals responsible for
committing human rights violations; and
(C) to hold accountable through economic sanctions,
including sanctions under the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 10101 et seq.),
individuals responsible for gross violations of
internationally recognized human rights against
Ukrainians;
(6) the identification of the offices within the Department
of State that are responsible for leading and coordinating the
diplomatic efforts referred to in paragraph (5);
(7) an assessment of the use by Russian forces and Russian
Federation-affiliated non-state groups of rape as a weapon of
war, including the specific human rights abuses inflicted on
women and girls in Ukraine; and
(8) efforts undertaken by the United States to monitor the
scope and scale of the impact and targeting of women and girls
in particular, especially with sexual violence, within the
filtration camps and other detention facilities operated by the
Russian Federation or its proxies.
(c) Collection of Information.--The Secretary shall collect the
information required under subsection (a) in consultation with the
heads of other relevant Federal departments and agencies and civil
society organizations.
<all>
</pre></body></html>
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118S1321 | Unlock Ticketing Markets Act of 2023 | [
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1321 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1321
To prohibit exclusive venue ticketing contracts with an excessive
duration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit exclusive venue ticketing contracts with an excessive
duration, and for other 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 ``Unlock Ticketing Markets Act of
2023''.
SEC. 2. PROHIBITION ON EXCLUSIVE VENUE TICKETING CONTRACTS WITH AN
EXCESSIVE DURATION.
(a) Prohibition.--No primary ticketing service provider may enter
into, or attempt to enter into, an exclusive venue ticketing contract
if the contract is for an excessive duration, as determined by the
Commission under subsection (b).
(b) Rulemaking.--
(1) In general.--For purposes of subsection (a), not later
than 180 days after the date of enactment of this Act, the
Commission shall promulgate rules in accordance with section
553 of title 5, United States Code, to define the period of
time that constitutes an excessive duration, with respect to an
exclusive venue ticketing contract, subject to the limitation
in paragraph (2).
(2) Limitation.--The minimum period of time that
constitutes an excessive duration, with respect to an exclusive
venue ticketing contract, shall be more than 4 years.
(c) Enforcement.--
(1) Unfair method of competition.--A violation of
subsection (a) or a regulation promulgated thereunder shall be
treated as an unfair method of competition under section
5(a)(1) of the Federal Trade Commission Act (15 U.S.C.
45(a)(1)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce
subsection (a) and any regulations promulgated
thereunder in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates subsection (a) or a regulation promulgated
thereunder shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(D) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States
Code, such rules as may be necessary to carry out this
Act.
(E) Civil penalties.--Any primary ticketing service
provider that violates this Act shall pay to the United
States a civil penalty that--
(i) is sufficient to deter violations of
this section; and
(ii) is not greater than the volume of
commerce affected by the exclusive venue
ticketing contract giving rise to the
violation.
(d) Antitrust Laws.--Nothing in this Act shall modify, impair,
limit, or supersede the applicability of the antitrust laws, as defined
in subsection (a) of the first section of the Clayton Act (15 U.S.C.
12).
(e) Effective Date.--The prohibition established in subsection (a)
shall take effect on the date that is 90 days after the date on which
the Commission promulgates rules under subsection (b).
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Exclusive venue ticketing contract.--The term
``exclusive venue ticketing contract'' means any contract or
agreement under which a primary ticketing service provider is
granted the exclusive right to conduct the initial sale of
tickets to all, or substantially all, live concerts, theatrical
performances, sporting events, comedy shows, or other scheduled
performances held at a particular venue.
(3) Primary ticketing service provider.--The term ``primary
ticketing service provider'' means any person that provides
services to conduct or facilitate the initial sale of tickets
to a live concert, theatrical performance, sporting event,
comedy show, or other scheduled performance by, or on behalf
of, the organizer of such event.
(4) Venue.--The term ``venue'' means a physical space--
(A) at which live concerts, theatrical
performances, sporting events, comedy shows, or other
scheduled performances are held;
(B) with a defined performance area and a defined
audience area; and
(C) that has a maximum capacity in the defined
audience area of not fewer than 5,000 individuals.
<all>
</pre></body></html>
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118S1322 | Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023 | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1322
To amend the Act of August 9, 1955, to modify the authorized purposes
and term period of tribal leases, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Schatz (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To amend the Act of August 9, 1955, to modify the authorized purposes
and term period of tribal leases, and for other 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 ``Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments Act of 2023''.
SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS INDIAN
LAND.
(a) Extension of Tribal Lease Period.--The first section of the Act
of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly
known as the ``Long-Term Leasing Act''), is amended--
(1) by striking ``That (a)'' and all that follows through
the end of subsection (a) and inserting the following:
``SECTION 1. LEASES OF RESTRICTED LAND.
``(a) Authorized Purposes; Term; Approval by Secretary.--
``(1) In general.--Any restricted Indian lands, regardless
of whether that land is tribally or individually owned, may be
leased by the Indian owner of the land, with the approval of
the Secretary, for--
``(A) a public, religious, educational,
recreational, residential, business, or grazing
purposes; or
``(B) a farming purpose that requires the making of
a substantial investment in the improvement of the land
for the production of 1 or more specialized crops as
determined by the Secretary.
``(2) Inclusions.--A lease under paragraph (1) may include
the development or use of natural resources in connection with
operations under that lease.
``(3) Term.--
``(A) In general.--Except as provided in
subparagraph (B), a lease under paragraph (1) shall be
for a term of not more than 99 years, including any
renewals.
``(B) Exception for grazing purposes.--A lease
under paragraph (1) for grazing purposes may be for a
term of not more than 10 years, including any renewals.
``(4) Requirement.--Each lease and renewal under this
subsection shall be made in accordance with such terms and
regulations as may be prescribed by the Secretary.
``(5) Conditions for approval.--Before the approval of any
lease or renewal of an existing lease pursuant to this
subsection, the Secretary shall determine that adequate
consideration has been given to--
``(A) relationship between the use of the leased
lands and the use of neighboring land;
``(B) the height, quality, and safety of any
structures or other facilities to be constructed on the
leased land;
``(C) the availability of police and fire
protection and other services on the leased land;
``(D) the availability of judicial forums for all
criminal and civil causes of action arising on the
leased land; and
``(E) the effects on the environment of the uses to
which the leased lands will be subject.'';
(2) in subsection (b)--
(A) by striking ``(b) Any lease'' and inserting the
following:
``(b) Exception for Secretary Approval.--Any lease'';
(B) by striking ``of the Interior'' each place it
appears; and
(C) by striking ``clause (3)'' and inserting
``paragraph'';
(3) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (d), and (a), respectively, and moving
the subsections so as to appear in alphabetical order; and
(4) by striking ``subsection (a)'' each place it appears
and inserting ``subsection (b)''.
(b) Technical Correction.--Section 2 of the Act of August 9, 1955
(69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as the
``Long-Term Leasing Act''), is amended by inserting ``of the Interior''
after ``Secretary'' each place it appears.
(c) Modification of Rights-of-Way Across Indian Land.--The first
section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25
U.S.C. 323), is amended--
(1) by striking ``That the Secretary of the Interior be,
and he is empowered to'' and inserting the following:
``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.
``(a) Rights-of-Way.--Except as provided in subsection (b), the
Secretary of the Interior may''; and
(2) by adding at the end the following:
``(b) Exception.--A right-of-way granted by an Indian tribe for the
purposes authorized under this section shall not require the approval
of the Secretary of the Interior, subject to the condition that--
``(1) the right-of-way approval process by the Indian tribe
substantially complies with subsection (h) of the first section
of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25
U.S.C. 415(h)); or
``(2) the Indian tribe has tribal regulations approved by
the Secretary of the Interior under that subsection.''.
<all>
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"chamberName": null,
"title": "Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023",
"titleType": "Short Title(s) as Introduced"
},
{
"billTextVersionCode": "IS",
"billTextVersionName": "Introduced in Senate",
"chamberCode": null,
"chamberName": null,
"title": "A bill to amend the Act of August 9, 1955, to modify the authorized purposes and term period of tribal leases, and for other purposes.",
"titleType": "Official Title as Introduced"
}
]
} | |
118S1323 | SAFE Banking Act of 2023 | [
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"G000555",
"Sen. ... | <p><strong></strong> </p> <p> <p><b>Secure and Fair Enforcement Banking Act of 2023 or the SAFE Banking Act of 2023 </b> </p> <p>This bill provides protections for federally regulated financial institutions that serve state-sanctioned marijuana businesses. Currently, many financial institutions do not provide services to state-sanctioned marijuana businesses due to the federal classification of marijuana as a Schedule I controlled substance. </p> <p>Under the bill, a federal banking regulator may not penalize a depository institution for providing banking services to a state-sanctioned marijuana business. For example, regulators may not terminate or limit the deposit or share insurance of a depository institution solely because the institution provides financial services to a state-sanctioned marijuana business.</p> <p>The bill also prohibits a federal banking regulator from requesting or ordering a depository institution to terminate a customer account unless (1) the regulator has determined that the depository institution is engaging in an unsafe or unsound practice or is violating a law or regulation, and (2) that determination is not based primarily on reputation risk. </p> <p>Additionally, proceeds from a transaction involving activities of a state-sanctioned marijuana business are no longer considered proceeds from unlawful activity. (Financial institutions that handle proceeds from unlawful activity are subject to anti-money laundering laws. Violators of these laws are subject to fines and imprisonment.)</p> <p>Furthermore, a financial institution, insurer, or federal agency may not be held liable or subject to asset forfeiture under federal law for providing a loan, mortgage, or other financial service to a state-sanctioned marijuana business.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1323 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1323
To create protections for financial institutions that provide financial
services to State-sanctioned marijuana businesses and service providers
for such businesses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Merkley (for himself, Mr. Daines, Ms. Rosen, Mr. Cassidy, Mrs.
Gillibrand, Ms. Lummis, Mr. Schatz, Ms. Murkowski, Mr. Markey, Mr.
Cramer, Mr. Lujan, Mr. Sullivan, Ms. Cortez Masto, Mr. Paul, Mr. King,
Ms. Duckworth, Mr. Fetterman, Mr. Wyden, Ms. Sinema, Mr. Padilla, Mr.
Durbin, Mr. Welch, Mr. Kelly, Mr. Bennet, Mrs. Murray, Ms. Smith, Ms.
Klobuchar, Ms. Warren, Mr. Kaine, Ms. Stabenow, Mr. Sanders, Mr.
Menendez, Mr. Coons, Mr. Tester, Mr. Warner, Mr. Heinrich, Mr.
Hickenlooper, Ms. Hirono, Mr. Peters, and Mr. Murphy) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To create protections for financial institutions that provide financial
services to State-sanctioned marijuana businesses and service providers
for such businesses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure And Fair
Enforcement Banking Act of 2023'' or the ``SAFE Banking Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Safe harbor for depository institutions.
Sec. 4. Protections for providing services to State-sanctioned
marijuana businesses.
Sec. 5. Protections under Federal law.
Sec. 6. Requirements for filing suspicious activity reports.
Sec. 7. Guidance and examination procedures.
Sec. 8. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 9. Treatment of income derived from a State-sanctioned marijuana
business for qualification for a federally
backed single-family mortgage loan.
Sec. 10. Requirements for deposit account termination requests and
orders.
Sec. 11. Annual diversity and inclusion report.
Sec. 12. GAO study on diversity and inclusion.
Sec. 13. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 14. Applicability to hemp-related legitimate businesses and hemp-
related service providers.
Sec. 15. Rules of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given the term in section 1002 of
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
(2) CBD.--The term ``CBD'' means cannabidiol.
(3) Community development financial institution.--The term
``community development financial institution'' has the meaning
given the term in section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702).
(4) Depository institution.--The term ``depository
institution''--
(A) means--
(i) a depository institution, as defined in
section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(ii) a Federal credit union, as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752); and
(iii) a State credit union, as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752); and
(B) includes any minority depository institution,
as defined in section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note).
(5) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Federal Housing
Finance Agency, the Office of the Comptroller of the Currency,
the National Credit Union Administration, the Department of the
Treasury (including the Financial Crimes Enforcement Network
and the Office of Foreign Assets Control), or any Federal
agency or department that regulates banking or financial
services, as determined by the Secretary of the Treasury.
(6) Financial product or service.--The term ``financial
product or service'' has the meaning given the term in section
1002 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5481).
(7) Financial service.--The term ``financial service''--
(A) means--
(i) a financial product or service,
regardless of whether the customer receiving
the product or service is a consumer or
commercial entity; or
(ii) a financial product or service, or any
combination of products and services, permitted
to be provided by--
(I) a national bank or a financial
subsidiary pursuant to the authority
provided under--
(aa) the paragraph
designated as the ``Seventh''
of section 5136 of the Revised
Statutes (12 U.S.C. 24); or
(bb) section 5136A of the
Revised Statutes (12 U.S.C.
24a);
(II) a Federal credit union,
pursuant to the authority provided
under the Federal Credit Union Act (12
U.S.C. 1751 et seq.); or
(III) a community development
financial institution; and
(B) includes--
(i) the business of insurance;
(ii) whether performed directly or
indirectly, the authorizing, processing,
clearing, settling, billing, transferring for
deposit, transmitting, delivering, instructing
to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating the
payment of funds that are made or transferred
by any means, including by the use of credit
cards, debit cards, other payment cards, or
other access devices, accounts, original or
substitute checks, or electronic funds
transfers;
(iii) acting as a money transmitting
business that directly or indirectly makes use
of a depository institution in connection with
effectuating or facilitating a payment for a
State-sanctioned marijuana business or service
provider in compliance with section 5330 of
title 31, United States Code, and any
applicable State or Tribal law; and
(iv) acting as an armored car service for
processing and depositing with a depository
institution or a Federal reserve bank with
respect to any monetary instruments, as defined
in section 1956(c)(5) of title 18, United
States Code.
(8) Hemp.--The term ``hemp'' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946 (7
U.S.C. 1639o).
(9) Hemp-related legitimate business.--The term ``hemp-
related legitimate business'' means a manufacturer, producer,
or any person or company that--
(A) engages in any activity described in
subparagraph (B) in conformity with the Agriculture
Improvement Act of 2018 (Public Law 115-334; 132 Stat.
4490), amendments made by that Act, and the regulations
issued to implement that Act by the Department of
Agriculture, where applicable, and the law of a State,
an Indian Tribe, or a political subdivision of a State;
and
(B) participates in any business or organized
activity that involves handling hemp, hemp-derived CBD
products, and other hemp-derived cannabinoid products,
including cultivating, producing, extracting,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
(10) Hemp-related service provider.--The term ``hemp-
related service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a hemp-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to hemp, hemp-derived CBD products, or
other hemp-derived cannabinoid products; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling hemp, hemp-
derived CBD products, or other hemp-derived cannabinoid
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
(12) Insurer.--The term ``insurer'' has the meaning given
the term in section 313(r) of title 31, United States Code.
(13) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages marijuana or marijuana products.
(14) Marijuana.--The term ``marijuana'' has the meaning
given the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(15) Marijuana product.--The term ``marijuana product''
means any article that contains marijuana, including an article
that is a concentrate, an edible, a tincture, a marijuana-
infused product, or a topical.
(16) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of marijuana.
(17) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a State-
sanctioned marijuana business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to a State-sanctioned marijuana
business; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling marijuana or
marijuana products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing marijuana or
marijuana products.
(18) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
(19) State-sanctioned marijuana business.--The term
``State-sanctioned marijuana business'' means a manufacturer,
producer, or any person that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State, an Indian Tribe, or a political subdivision of a
State, as determined by such State, Indian Tribe, or
political subdivision; and
(B) participates in any business or organized
activity that involves handling marijuana or marijuana
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing marijuana or
marijuana products.
SEC. 3. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) Prohibition.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance or share
insurance of a depository institution under the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit
Union Act (12 U.S.C. 1751 et seq.) or take any other adverse
action against a depository institution under the Federal
Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal
Credit Union Act (12 U.S.C. 1751 et seq.) solely because the
depository institution provides or has provided financial
services to a State-sanctioned marijuana business or service
provider;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial services to--
(A) a State-sanctioned marijuana business or
service provider solely because the business or service
provider is a State-sanctioned marijuana business or
service provider; or
(B) a State, an Indian Tribe, or a political
subdivision of a State solely because that entity
exercises jurisdiction over State-sanctioned marijuana
businesses;
(3) recommend, incentivize, or encourage a depository
institution not to offer financial services to an account
holder, or to downgrade or cancel the financial services
offered to an account holder, solely because--
(A) the account holder is a State-sanctioned
marijuana business or service provider, or is an
employee, owner, or operator of a State-sanctioned
marijuana business or service provider;
(B) the account holder later becomes an employee,
owner, or operator of a State-sanctioned marijuana
business or service provider; or
(C) the depository institution was not aware, after
conducting sufficient risk-based customer due diligence
in accordance with applicable requirements, that the
account holder is an employee, owner, or operator of a
State-sanctioned marijuana business or service
provider;
(4) take any adverse or corrective supervisory action on a
loan made to--
(A) a State-sanctioned marijuana business or
service provider, solely because the business is a
State-sanctioned marijuana business or service
provider;
(B) an employee, owner, or operator of a State-
sanctioned marijuana business or service provider,
solely because the employee, owner, or operator is
employed by, owns, or operates a State-sanctioned
marijuana business or service provider, as applicable;
or
(C) an owner or operator of real estate or
equipment that is leased to a State-sanctioned
marijuana business or service provider, solely because
the owner or operator of the real estate or equipment
leased the equipment or real estate to a State-
sanctioned marijuana business or service provider, as
applicable; or
(5) prohibit or penalize a depository institution (or
entity performing a financial service for or in association
with a depository institution) for, or otherwise discourage a
depository institution (or entity performing a financial
service for or in association with a depository institution)
from, engaging in a financial service for a State-sanctioned
marijuana business or service provider solely because the
business or service provider is a State-sanctioned marijuana
business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--Subsection (a)
shall apply to an institution applying for a depository institution
charter to the same extent as such subsection applies to a depository
institution.
SEC. 4. PROTECTIONS FOR PROVIDING SERVICES TO STATE-SANCTIONED
MARIJUANA BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18, United
States Code, and all other provisions of Federal law, the proceeds from
marijuana-related activities of a State-sanctioned marijuana business
or service provider that conducts all of its marijuana-related activity
in compliance with the marijuana-related law of the State, Indian
Tribe, or political subdivision of the State shall not be considered
proceeds from an unlawful activity solely because--
(1) the transaction involves proceeds from a State-
sanctioned marijuana business or service provider; or
(2) the transaction involves proceeds from--
(A) marijuana-related activities described in
section 2(19)(B) conducted by a State-sanctioned
marijuana business; or
(B) activities described in section 2(17)(A)
conducted by a service provider.
SEC. 5. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial service to a
State-sanctioned marijuana business (where such State-sanctioned
marijuana business operates within a State, an Indian Tribe, or a
political subdivision of a State that allows the cultivation,
production, manufacture, sale, transportation, display, dispensing,
distribution, or purchase of marijuana pursuant to a law or regulation
of such State, Indian Tribe, or political subdivision, as applicable)
or a service provider (wherever located), a depository institution, an
entity performing a financial service for or in association with a
depository institution, a community development financial institution,
or an insurer that provides a financial service to a State-sanctioned
marijuana business or service provider, and the officers, directors,
employees, and agents of that depository institution, entity, community
development financial institution, or insurer may not be held liable
pursuant to any Federal law or regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from such a
financial service.
(b) Protections for Federal Reserve Banks and Federal Home Loan
Banks.--With respect to providing a service to a depository institution
that provides a financial service to a State-sanctioned marijuana
business (where such State-sanctioned marijuana business operates
within a State, an Indian Tribe, or a political subdivision of a State
that allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or purchase of
marijuana pursuant to a law or regulation of such State, Indian Tribe,
or political subdivision, as applicable) or service provider (wherever
located), a Federal reserve bank or Federal Home Loan Bank, and the
officers, directors, and employees of the Federal reserve bank or
Federal Home Loan Bank, may not be held liable pursuant to any Federal
law or regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from such a
service.
(c) Protections for Insurers.--With respect to engaging in the
business of insurance within a State, an Indian Tribe, or a political
subdivision of a State that allows the cultivation, production,
manufacture, sale, transportation, display, dispensing, distribution,
or purchase of marijuana pursuant to a law or regulation of such State,
Indian Tribe, or political subdivision, as applicable, an insurer that
engages in the business of insurance with a State-sanctioned marijuana
business or service provider or that otherwise engages with a person in
a transaction permissible pursuant to a law (including regulations) of
such State, Indian Tribe, or political subdivision related to
marijuana, and the officers, directors, and employees of that insurer,
may not be held liable pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions and community development
financial institutions.--A depository institution or community
development financial institution that has a legal interest in
the collateral for a loan or another financial service provided
to an owner, employee, or operator of a State-sanctioned
marijuana business or service provider, or to an owner or
operator of real estate or equipment that is leased or sold to
a State-sanctioned marijuana business or service provider,
shall not be subject to criminal, civil, or administrative
forfeiture of that legal interest pursuant to any Federal law
solely for providing such loan or other financial service.
(2) Federal reserve banks and federal home loan banks.--A
Federal reserve bank or Federal Home Loan Bank that has a legal
interest in the collateral for a loan or another financial
service provided to a depository institution that provides a
financial service to a State-sanctioned marijuana business or
service provider, or to an owner or operator of real estate or
equipment that is leased or sold to a State-sanctioned
marijuana business or service provider, shall not be subject to
criminal, civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such loan or
other financial service.
(3) Federal national mortgage association, federal home
loan mortgage corporation, and federal agencies making,
insuring, or guaranteeing mortgage loans or securities.--The
Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, and any Federal agency that has a legal
interest in the collateral for a residential mortgage loan,
including individual units of condominiums and cooperatives,
provided that the collateral is a property designed principally
for the occupancy of 1 to 4 families and underwritten, in whole
or in part, based on income from a State-sanctioned marijuana
business or service provider, shall not be subject to criminal,
civil, or administrative forfeiture of that legal interest
pursuant to any Federal law for providing, insuring,
guaranteeing, purchasing, securitizing, or guaranteeing
payments from a security based on such loan.
(4) Other parties to mortgage loans.--A nondepository
lender that makes a federally backed mortgage loan, as defined
in section 9(a), and any person who otherwise has a legal
interest in such a loan or in the collateral of the loan,
including individual units of condominiums and cooperatives,
provided that the collateral is a property designed principally
for the occupancy of 1 to 4 families and underwritten, in whole
or in part, based on income from a State-sanctioned marijuana
business or service provider, shall not be subject to criminal,
civil, or administrative forfeiture of that legal interest
pursuant to any Federal law for providing, purchasing,
securitizing, accepting, and making payments related to such
federally backed mortgage loan solely because loan payments or
underwriting are based on income that is in whole or in part
from a State-sanctioned marijuana business or service provider.
(5) Definition.--In this subsection, the term
``collateral'' does not include marijuana or a marijuana
product.
SEC. 6. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following
``(11) Requirements for state-sanctioned marijuana
businesses.--
``(A) In general.--With respect to a financial
institution, or any director, officer, employee, or
agent of a financial institution, that reports a
suspicious transaction pursuant to this subsection, if
the reason for the report relates to a State-sanctioned
marijuana business or service provider, the report
shall comply with appropriate guidance issued by the
Secretary of the Treasury. Not later than the end of
the 180-day period beginning on the date of enactment
of the Secure And Fair Enforcement Banking Act of 2023,
the Secretary shall amend the February 14, 2014,
guidance titled `BSA Expectations Regarding Marijuana-
Related Businesses' (FIN-2014-G001) or issue new
guidance to ensure consistency with the purpose and
intent of the Secure And Fair Enforcement Banking Act
of 2023, and the amendments made by that Act, and that
such guidance ensures that a financial institution, and
any director, officer, employee, or agent of a
financial institution, continues to report suspicious
transactions pursuant to this subsection, as
applicable, relating to State-sanctioned marijuana
businesses and service providers to preserve the
ability of the Financial Crimes Enforcement Network to
prevent and combat illicit activity.
``(B) Definitions.--In this paragraph:
``(i) Financial service; service provider;
state; state-sanctioned marijuana business.--
The terms `financial service', `service
provider', `State', and `State-sanctioned
marijuana business' have the meanings given the
terms in section 2 of the SAFE Banking Act of
2023.
``(ii) Indian country.--The term `Indian
country' has the meaning given the term in
section 1151 of title 18.
``(iii) Indian tribe.--The term `Indian
Tribe' has the meaning given the term `Indian
tribe' in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130).
``(iv) Marijuana.--The term `marijuana' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).''.
SEC. 7. GUIDANCE AND EXAMINATION PROCEDURES.
(a) Uniform Guidance and Examination Procedures.--Not later than
180 days after the date of enactment of this Act, the Federal Financial
Institutions Examination Council, in consultation with the Department
of the Treasury, shall develop uniform guidance and examination
procedures for depository institutions that provide financial services
to State-sanctioned marijuana businesses and service providers.
(b) Legacy Deposits.--The guidance and examination procedures
described in subsection (a) shall permit a depository institution to
accept a deposit of currency from a State-sanctioned marijuana business
if--
(1) the business received the currency during the 90-day
period ending on the date on which the business commenced its
relationship with the depository institution;
(2) the business provided the depository institution with
records sufficient to demonstrate the source of the currency
being deposited by the business;
(3) the amount of the currency is reasonable in light of
the expected revenue of the business, as determined by the
depository institution consistent with the risk-based
procedures for ensuring compliance with the section 5318(h) of
title 31, United States Code, and any applicable regulations
implementing that section; and
(4) the depository institution complies with any other
applicable reporting requirements pursuant to subchapter II of
chapter 53 of title 31, United States Code, and any applicable
regulations implementing that subchapter.
SEC. 8. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND
HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--Congress finds that--
(1) section 12619 of the Agriculture Improvement Act of
2018 (Public Law 115-334; 132 Stat. 5018) legalized hemp by
removing it from the definition of marihuana under section 102
of the Controlled Substances Act (21 U.S.C. 802);
(2) despite the legalization of hemp, some hemp businesses
(including producers, manufacturers, and retailers) continue to
have difficulty gaining access to banking products and
services; and
(3) businesses involved in the sale of hemp-derived CBD
products are particularly affected, due to confusion about the
legal status of such products.
(b) Definition.--In this section, the term ``financial
institution''--
(1) has the meaning given the term in section 5312(a) of
title 31, United States Code; and
(2) includes a bank holding company, as defined in section
2(a) of the Bank Holding Company Act of 1956 (12 U.S.C.
1841(a)).
(c) Federal Banking Regulators' Hemp Banking Guidance.--Not later
than the end of the 90-day period beginning on the date of enactment of
this Act, each Federal banking regulator shall update guidance, as in
effect on the date of enactment of this Act, regarding providing
financial services to hemp-related legitimate businesses and hemp-
related service providers to address--
(1) compliance with obligations of financial institutions,
as of the date of enactment of this Act, under Federal laws
(including regulations) determined relevant by the Federal
banking regulator and the Department of the Treasury, including
subchapter II of chapter 53 of title 31, United States Code,
and its implementing regulation in conformity with this Act and
the regulations relating to domestic hemp production under part
990 of title 7, Code of Federal Regulations; and
(2) best practices for financial institutions to follow
when providing financial services, including processing
payments, to hemp-related legitimate businesses and hemp-
related service providers.
SEC. 9. TREATMENT OF INCOME DERIVED FROM A STATE-SANCTIONED MARIJUANA
BUSINESS FOR QUALIFICATION FOR A FEDERALLY BACKED SINGLE-
FAMILY MORTGAGE LOAN.
(a) Definition.--In this section, the term ``federally backed
mortgage loan'' means any loan secured by a first or subordinate lien
on residential real property, including individual units of
condominiums and cooperatives, designed principally for the occupancy
of 1 to 4 families that is--
(1) insured by the Federal Housing Administration under
title I or title II of the National Housing Act (12 U.S.C. 1702
et seq., 1707 et seq.);
(2) insured under section 255 of the National Housing Act
(12 U.S.C. 1715z-20);
(3) guaranteed under section 184 or 184A of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a, 1715z-
13b);
(4) guaranteed, insured, or made by the Department of
Veterans Affairs;
(5) guaranteed, insured, or made by the Department of
Agriculture; or
(6) purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(b) Treatment of Income.--
(1) In general.--Income derived from a State-sanctioned
marijuana business that operates within a State, an Indian
Tribe, or a political subdivision of a State that allows the
cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of marijuana
pursuant to a law or regulation of the State, Indian Tribe, or
political subdivision, as applicable, or a service provider
(wherever located), shall be considered in the same manner as
any other legal income for purposes of determining eligibility
for a federally backed mortgage loan for a 1- to 4-unit
property that is the principal residence of the mortgagor.
(2) Liability.--The mortgagee or servicer of a federally
backed mortgage loan described in paragraph (1), or any Federal
agency, the Federal National Mortgage Association, or the
Federal Home Loan Mortgage Corporation, may not be held liable
pursuant to any Federal law or regulation solely for--
(A) providing, insuring, guaranteeing, purchasing,
or securitizing a mortgage to an otherwise qualified
borrower on the basis of the income described in
paragraph (1); or
(B) accepting the income described in paragraph (1)
as payment on the federally backed mortgage loan.
(c) Implementation.--Not later than 180 days after the date of
enactment of this Act--
(1) the Federal Housing Administration shall implement
subsection (b)--
(A) by notice or mortgagee letter for loans insured
under title I, title II, or section 255 of the National
Housing Act (12 U.S.C. 1702 et seq., 1707 et seq.,
1715z-20); and
(B) by lender letter for loans guaranteed under
section 184 or 184A of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a, 1715z-
13b);
(2) the Department of Veterans Affairs shall implement
subsection (b) by circular or handbook for loans guaranteed,
insured, or made by the Department;
(3) the Department of Agriculture shall implement
subsection (b) by bulletin for loans guaranteed or made by the
Department;
(4) the Federal Home Loan Mortgage Corporation shall
implement subsection (b) by updating its Single-Family Seller/
Servicer Guide for loans purchased or securitized by the
Corporation; and
(5) the Federal National Mortgage Association shall
implement subsection (b) by updating its Single Family Selling
Guide for loans purchased or securitized by the Association.
SEC. 10. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Conditions for Termination.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts (including, but not limited to, any
account of any customer that is a State-sanctioned marijuana
business or service provider) or to otherwise restrict or
discourage a depository institution from entering into or
maintaining a banking relationship with a specific customer or
group of customers (including, but not limited to, with any
customer that is a State-sanctioned marijuana business or
service provider), unless--
(A) the agency has made a written determination
that the depository institution is--
(i) engaging in an unsafe or unsound
practice; or
(ii) violating a rule, law, regulation, or
order with respect to the relationship of the
depository institution with the customer (or,
in the case of a group of customers, specific
customers within the group); and
(B) such reason is not based primarily on
reputational risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific customer
or group of customers is, or is acting as a conduit for, an
entity that--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North
Korea, Syria, or any country listed from time to time
on the State Sponsors of Terrorism list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in subparagraph
(C); or
(E) does business with any entity described in
subparagraph (C) or (D), unless the appropriate Federal
banking agency determines that the customer or group of
customers has used due diligence to avoid doing
business with any entity described in subparagraph (C)
or (D),
such belief shall satisfy the requirement under paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the agency shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a written
justification for why such termination is needed,
including any specific laws or regulations the agency
believes are being violated by the customer or group of
customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputational risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law, if
an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the depository institution shall inform
the specific customer or group of customers of the
justification for the customer's account termination described
under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking agency
requests or orders a depository institution to
terminate a specific customer account or a group of
customer accounts based on a belief that the customer
or customers pose a threat to national security, or are
otherwise described under subsection (a)(2), neither
the depository institution nor the appropriate Federal
banking agency may inform the customer or customers of
the justification for the customer's account
termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines that the
notice required under paragraph (1) may interfere with
an authorized criminal investigation, neither the
depository institution nor the appropriate Federal
banking agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking agency
shall submit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives an annual report stating--
(1) the aggregate number of specific customer accounts that
the agency requested that a depository institution terminate,
or ordered a depository institution to terminate, during the
previous year; and
(2) the legal authority on which the agency relied in
making each request and order under paragraph (1) and the
frequency on which the agency relied on each such authority.
(e) Definitions.--In this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as
defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration, in
the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) an insured credit union.
SEC. 11. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall submit to Congress an annual
report containing--
(1) information and data on the availability of access to
financial services for minority-owned, veteran-owned, women-
owned, and small State-sanctioned marijuana businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned,
veteran-owned, women-owned, and small State-sanctioned
marijuana businesses and hemp-related legitimate businesses.
SEC. 12. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the barriers to marketplace entry, including in the
licensing process, and the access to financial services for potential
and existing minority-owned, veteran-owned, women-owned, and small
State-sanctioned marijuana businesses and hemp-related legitimate
businesses.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report containing--
(1) all findings and determinations made in conducting the
study required under subsection (a); and
(2) any regulatory or legislative recommendations for
removing barriers to marketplace entry and success, including
in the licensing process, and expanding access to financial
services for potential and existing minority-owned, veteran-
owned, women-owned, and small State-sanctioned marijuana
businesses and hemp-related legitimate businesses.
SEC. 13. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING
CERTAIN PERSONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States, in
consultation with the Attorney General, shall conduct a study on--
(1) the effectiveness of reports on suspicious transactions
filed pursuant to section 5318(g) of title 31, United States
Code, at finding individuals or organizations suspected or
known to be engaged with transnational criminal organizations;
and
(2) whether any engagement described in paragraph (1)
exists in a State, an Indian Tribe, or a political subdivision
of a State that allows the cultivation, production,
manufacture, sale, transportation, display, dispensing,
distribution, or purchase of marijuana.
(b) Requirements.--The study required under subsection (a) shall
examine reports on suspicious transactions--
(1) relating to marijuana-related businesses, as described
in the guidance entitled ``BSA Expectations Regarding
Marijuana-Related Businesses'', published by the Financial
Crimes Enforcement Network of the Department of the Treasury on
February 14, 2014, during the period beginning on January 1,
2014, and ending on the date of enactment of this Act; and
(2) relating to State-sanctioned marijuana businesses
during the period beginning on January 1, 2014, and ending on
the date that is 1 year after the date of enactment of this
Act.
SEC. 14. APPLICABILITY TO HEMP-RELATED LEGITIMATE BUSINESSES AND HEMP-
RELATED SERVICE PROVIDERS.
The provisions of this Act (other than sections 6 and 13) shall
apply with respect to hemp-related legitimate businesses and hemp-
related service providers in the same manner as such provisions apply
with respect to State-sanctioned marijuana businesses and service
providers.
SEC. 15. RULES OF CONSTRUCTION.
(a) No Requirement To Provide Financial Services.--Nothing in this
Act shall require a depository institution, an entity performing a
financial service for or in association with a depository institution,
a community development financial institution, or an insurer to provide
financial services to a State-sanctioned marijuana business, service
provider, or any other business.
(b) General Examination, Supervisory, and Enforcement Authority.--
Nothing in this Act may be construed in any way to limit or otherwise
restrict the general examination, supervisory, and enforcement
authority of the Federal banking regulators (including the Department
of the Treasury), provided that any supervisory or enforcement action
is not being taken solely because the provision of financial services
to a State-sanctioned marijuana business or service provider.
(c) Business of Insurance.--Nothing in this Act shall interfere
with the regulation of the business of insurance in accordance with the
Act entitled ``An Act to express the intent of the Congress with
reference to the regulation of the business of insurance'', approved
March 9, 1945 (commonly known as the ``McCarran-Ferguson Act''; 15
U.S.C. 1011 et seq.), and the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.).
(d) Law Enforcement Authority.--Nothing in this Act shall restrict
or limit the ability of Federal law enforcement agencies to investigate
and prosecute money-laundering crimes involving proceeds of illegal
activity other than marijuana-related activities conducted in
compliance with the law of the State, Indian Tribe, or political
subdivision of a State by a State-sanctioned marijuana business or
service provider.
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118S1324 | Southwestern Power Administration Fund Establishment Act | [
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
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[
"H001089",
"Sen. Hawley, Josh [R-MO]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1324 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1324
To establish the Southwestern Power Administration Fund, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Moran (for himself and Mr. Marshall) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Southwestern Power Administration Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwestern Power Administration
Fund Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Southwestern Power Administration.
(2) Fund.--The term ``Fund'' means the Southwestern Power
Administration Fund established by section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. SOUTHWESTERN POWER ADMINISTRATION FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund, to be known as the ``Southwestern Power
Administration Fund'', consisting of--
(1) all receipts, collections, and recoveries of the
Southwestern Power Administration, including trust funds;
(2) appropriations to the Fund;
(3) amounts transferred to the Fund under subsection (b);
and
(4) amounts deposited in the Fund under the first proviso
in the matter under the heading ``Operation and Maintenance,
Southwestern Power Administration'' under the heading ``POWER
MARKETING ADMINISTRATIONS'' under the heading ``DEPARTMENT OF
ENERGY'' in title III of the Energy and Water Development
Appropriations Act, 2005 (16 U.S.C. 825s-4).
(b) Transfers to Fund.--There are transferred to the Fund--
(1) unexpended balances in the continuing fund pursuant to
the 11th paragraph under the heading ``OFFICE OF THE
SECRETARY'' in title I of the Act of October 12, 1949 (16
U.S.C. 825s-1);
(2) unexpended balances in the advanced payment fund
pursuant to the first proviso in the matter under the heading
``Operation and Maintenance, Southwestern Power
Administration'' under the heading ``POWER MARKETING
ADMINISTRATIONS'' under the heading ``Department of Energy'' in
title III of the Energy and Water Development Appropriations
Act, 2005 (16 U.S.C. 825s-4); and
(3) unexpended balances in the offsetting collections fund
pursuant to the fourth and fifth provisos in the matter under
the heading ``Operation and Maintenance, Southwestern Power
Administration'' under the heading ``POWER MARKETING
ADMINISTRATIONS'' under the heading ``DEPARTMENT OF ENERGY'' in
title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (16 U.S.C. 825s-7) (as in
effect on the day before the date of enactment of this Act).
(c) Availability.--Amounts in the Fund shall remain available until
expended.
(d) Use.--Amounts in the Fund shall be used by the Secretary,
acting through the Administrator, for expenses necessary for--
(1) operation and maintenance of power transmission
facilities;
(2) marketing electric power and energy;
(3) construction and acquisition of transmission lines,
substations, and appurtenant facilities; and
(4) administrative expenses in carrying out the duties of
the Secretary under--
(A) section 5 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'')
(16 U.S.C. 825s); and
(B) section 1232 of the Energy Policy Act of 2005
(42 U.S.C. 16431).
(e) Obligations.--The Secretary, acting through the Administrator,
may incur obligations for authorized purposes in advance of
appropriations to be liquidated by the Fund.
(f) Excess Funds.--Annually, the Secretary, acting through the
Administrator, shall transfer excess amounts in the Fund to the
Treasury of the United States as miscellaneous receipts.
(g) Applicable Law.--The provisions of chapter 91 of title 31,
United States Code, shall apply to the Administrator in carrying out
this section in the same manner as the provisions apply to a wholly
owned Government corporation (as defined in section 9101 of that
title).
(h) Conforming Amendments.--
(1) The proviso in the matter under the heading ``Operation
and Maintenance, Southwestern Power Administration'' under the
heading ``POWER MARKETING ADMINISTRATIONS'' under the heading
``Department of Energy'' in title III of the Energy and Water
Development Appropriations Act, 2005 (16 U.S.C. 825s-4), is
amended--
(A) by striking ``in fiscal year 2005'' and
inserting ``on the date of enactment of the
Southwestern Power Administration Fund Establishment
Act''; and
(B) by striking ``credited to this account'' and
inserting ``deposited in the Southwestern Power
Administration Fund established by section 3(a) of the
Southwestern Power Administration Fund Establishment
Act''.
(2) The fourth and fifth provisos in the matter under the
heading ``Operation and Maintenance, Southwestern Power
Administration'' under the heading ``POWER MARKETING
ADMINISTRATIONS'' under the heading ``Department of Energy'' in
title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (16 U.S.C. 825s-7), are
repealed.
<all>
</pre></body></html>
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118S1325 | Western Hemisphere Partnership Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1325 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1325
To establish a partnership with nations in the Western Hemisphere to
promote economic competitiveness, democratic governance, and security,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 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 establish a partnership with nations in the Western Hemisphere to
promote economic competitiveness, democratic governance, and security,
and for other 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 ``Western Hemisphere Partnership Act
of 2023''.
SEC. 2. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.
It is the policy of the United States to promote economic
competitiveness, democratic governance, and security in the Western
Hemisphere by--
(1) encouraging stronger economic relations, respect for
property rights, the rule of law, and enforceable investment
rules and labor and environmental standards;
(2) advancing the principles and practices expressed in the
Charter of the Organization of American States, the American
Declaration on the Rights and Duties of Man, and the Inter-
American Democratic Charter; and
(3) enhancing the capacity and technical capabilities of
democratic partner nation government institutions, including
civilian law enforcement, the judiciary, attorneys general, and
security forces.
SEC. 3. PROMOTING SECURITY AND THE RULE OF LAW IN THE WESTERN
HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should strengthen security cooperation with democratic partner
nations in the Western Hemisphere to promote a secure hemisphere and to
address the negative impacts of transnational criminal organizations
and malign external state actors.
(b) Collaborative Efforts.--The Secretary of State, in coordination
with the heads of other relevant Federal agencies, should support the
improvement of security conditions and the rule of law in the Western
Hemisphere through collaborative efforts with democratic partners
that--
(1) enhance the institutional capacity and technical
capabilities of defense and security institutions in democratic
partner nations to conduct national or regional security
missions, including through regular bilateral and multilateral
engagements, foreign military sales and financing,
international military education, and training programs, and
other means;
(2) provide technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to relevant security forces to disrupt, degrade, and
dismantle organizations involved in illicit narcotics
trafficking, transnational criminal activities, illicit mining,
and illegal, unreported, and unregulated fishing, and other
illicit activities;
(3) enhance the institutional capacity and technical
capabilities of relevant civilian law enforcement, attorneys
general, and judicial institutions to--
(A) strengthen the rule of law and transparent
governance; and
(B) improve regional cooperation to disrupt,
degrade, and dismantle transnational organized criminal
networks and terrorist organizations, including through
training, anticorruption initiatives, anti-money
laundering programs, and strengthening cyber
capabilities and resources;
(4) enhance port management and maritime security
partnerships and airport management and aviation security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services;
(5) strengthen cooperation to improve border security
across the Western Hemisphere, dismantle human smuggling and
trafficking networks, and increase cooperation to demonstrably
strengthen migration management systems;
(6) counter the malign influence of state and non-state
actors and misinformation and disinformation campaigns;
(7) disrupt illicit domestic and transnational financial
networks;
(8) foster mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) supporting regional preparedness, recovery, and
emergency management centers to facilitate rapid
response to survey and help maintain planning on
regional disaster anticipated needs and possible
resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences; and
(9) foster regional mechanisms for early warning and
response to pandemics in the Western Hemisphere, including
through--
(A) improved cooperation with and research by the
United States Centers for Disease Control and
Prevention through regional pandemic response centers;
(B) personnel exchanges for technology transfer and
skills development; and
(C) surveying and mapping of health networks to
build local health capacity.
(c) Limitations on Use of Technologies.--Operational technologies
transferred pursuant to subsection (b) to partner governments for
intelligence, defense, or law enforcement purposes shall be used solely
for the purposes for which the technology was intended. The United
States shall take all necessary steps to ensure that the use of such
operational technologies is consistent with United States law,
including protections of freedom of expression, freedom of movement,
and freedom of association.
SEC. 4. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE WESTERN
HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should support digitalization and expand cybersecurity
cooperation in the Western Hemisphere to promote regional economic
prosperity and security.
(b) Promotion of Digitalization and Cybersecurity.--The Secretary
of State, in coordination with the heads of other relevant Federal
agencies, should promote digitalization and cybersecurity in the
Western Hemisphere through collaborative efforts with democratic
partners that--
(1) promote digital connectivity and facilitate e-commerce
by expanding access to information and communications
technology (ICT) supply chains that adhere to high-quality
security and reliability standards, including--
(A) to open market access on a national treatment,
nondiscriminatory basis; and
(B) to strengthen the cybersecurity and cyber
resilience of partner countries;
(2) advance the provision of digital government services
(e-government) that, to the greatest extent possible, promote
transparency, lower business costs, and expand citizens' access
to public services and public information; and
(3) develop robust cybersecurity partnerships to--
(A) promote the inclusion of components and
architectures in information and communications
technology (ICT) supply chains from participants in
initiatives that adhere to high-quality security and
reliability standards;
(B) share best practices to mitigate cyber threats
to critical infrastructure from ICT architectures by
technology providers with close ties to, or that are
susceptible to pressure from, governments or security
services without reliable legal checks on governmental
powers;
(C) effectively respond to cybersecurity threats,
including state-sponsored threats; and
(D) to strengthen resilience against cyberattacks
and cybercrime.
SEC. 5. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN THE WESTERN
HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should enhance economic and commercial ties with democratic
partners to promote prosperity in the Western Hemisphere by modernizing
and strengthening trade capacity-building and trade facilitation
initiatives, encouraging market-based economic reforms, strengthening
labor and environmental standards, and encouraging transparency and
adherence to the rule of law in investment dealings.
(b) In General.--The Secretary of State, in coordination with the
United States Trade Representative, the Chief Executive Officer of the
Development Finance Corporation, and the heads of other relevant
Federal agencies, should support the improvement of economic conditions
in the Western Hemisphere through collaborative efforts with democratic
partners that--
(1) facilitate a more open, transparent, and competitive
environment for United States businesses and promote robust and
comprehensive trade capacity-building and trade facilitation
by--
(A) reducing trade and nontariff barriers between
the countries in the region, establishing a mechanism
for pursuing Mutual Recognition Agreements and
Formalized Regulatory Cooperation Agreements in
priority sectors of the economy;
(B) establishing a forum for discussing and
evaluating technical and other assistance needs to help
establish streamlined ``single window'' processes to
facilitate movement of goods and common customs
arrangements and procedures to lower costs of goods in
transit and speed to destination;
(C) building relationships and exchanges between
relevant regulatory bodies in the United States and
democratic partners in the Western Hemisphere to
promote best practices and transparency in rulemaking,
implementation, and enforcement, and provide training
and assistance to help improve supply chain management
in the Western Hemisphere;
(D) establishing regional fora for identifying,
raising, and addressing supply chain management issues,
including infrastructure needs and strengthening of
investment rules and regulatory frameworks;
(E) establishing a dedicated program of trade
missions and reverse trade missions to increase
commercial contacts and ties between the United States
and Western Hemisphere partner countries; and
(F) strengthening labor and environmental standards
in the region;
(2) establish frameworks or mechanisms to review and
address the long-term financial sustainability and national
security implications of foreign investments in strategic
sectors or services;
(3) establish competitive and transparent infrastructure
project selection and procurement processes that promote
transparency, open competition, financial sustainability, and
robust adherence to global standards and norms; and
(4) advance robust and comprehensive energy production and
integration, including through a more open, transparent, and
competitive environment for United States companies competing
in the Western Hemisphere, including by--
(A) facilitating further development of integrated
regional energy markets;
(B) improving management of grids, including
technical capability to ensure the functionality, safe
and responsible management, and quality of service of
electricity providers, carriers, and management and
distribution systems;
(C) facilitating private sector-led development of
reliable and affordable power generation capacity;
(D) establishing a process for surveying grid
capacity and management focused on identifying
electricity service efficiencies and establishing
cooperative mechanisms for providing technical
assistance for--
(i) grid management, power pricing, and
tariff issues;
(ii) establishing and maintaining
appropriate regulatory best practices; and
(iii) proposals to establish regional power
grids for the purpose of promoting the sale of
excess supply to consumers across borders;
(E) assessing the viability and effectiveness of
decentralizing power production and transmission and
building micro-grid power networks to improve, when
feasible, access to electricity, particularly in rural
and underserved communities where centralized power
grid connections may not be feasible in the short to
medium term; and
(F) exploring opportunities to partner with the
private sector and multilateral institutions, such as
the World Bank and the Inter-American Development Bank,
to promote universal access to reliable and affordable
electricity in the Western Hemisphere.
SEC. 6. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE IN THE WESTERN
HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should support efforts to strengthen the capacity of democratic
institutions and processes in the Western Hemisphere to promote a more
transparent, democratic, and prosperous region.
(b) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and heads of other relevant Federal agencies, should support
transparent, accountable, and democratic governance in the Western
Hemisphere through collaborative efforts with democratic partners
that--
(1) strengthen the capacity of national electoral
institutions to ensure free, fair, and transparent electoral
processes, including through pre-election assessment missions,
technical assistance, and independent local and international
election monitoring and observation missions;
(2) enhance the capabilities of democratically elected
national legislatures, parliamentary bodies, and autonomous
regulatory institutions to conduct oversight;
(3) strengthen the capacity of subnational government
institutions to govern in a transparent, accountable, and
democratic manner, including through training and technical
assistance;
(4) combat corruption at local and national levels,
including through trainings, cooperation agreements, and
bilateral or multilateral anticorruption mechanisms that
strengthen attorneys general and prosecutors' offices; and
(5) strengthen the capacity of civil society to conduct
oversight of government institutions, build the capacity of
independent professional journalism, facilitate substantive
dialogue with government and the private sector to generate
issue-based policies, and mobilize local resources to carry out
such activities.
SEC. 7. WESTERN HEMISPHERE DEFINED.
In this Act, the term ``Western Hemisphere'' does not include Cuba,
Nicaragua, or Venezuela, except for purposes of section 6.
<all>
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118S1326 | Unlock Ticketing Markets Act of 2023 | [
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
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[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1326 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1326
To prohibit exclusive venue ticketing contracts with an excessive
duration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Ms. Klobuchar (for herself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit exclusive venue ticketing contracts with an excessive
duration, and for other 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 ``Unlock Ticketing Markets Act of
2023''.
SEC. 2. PROHIBITION ON EXCLUSIVE VENUE TICKETING CONTRACTS WITH AN
EXCESSIVE DURATION.
(a) Prohibition.--No primary ticketing service provider may enter
into, or attempt to enter into, an exclusive venue ticketing contract
if the contract is for an excessive duration, as determined by the
Commission under subsection (b).
(b) Rulemaking.--
(1) In general.--For purposes of subsection (a), not later
than 180 days after the date of enactment of this Act, the
Commission shall promulgate rules in accordance with section
553 of title 5, United States Code, to define the period of
time that constitutes an excessive duration, with respect to an
exclusive venue ticketing contract, subject to the limitation
in paragraph (2).
(2) Limitation.--The minimum period of time that
constitutes an excessive duration, with respect to an exclusive
venue ticketing contract, shall be more than 4 years.
(c) Enforcement.--
(1) Unfair method of competition.--A violation of
subsection (a) or a regulation promulgated thereunder shall be
treated as an unfair method of competition under section
5(a)(1) of the Federal Trade Commission Act (15 U.S.C.
45(a)(1)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce
subsection (a) and any regulations promulgated
thereunder in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates subsection (a) or a regulation promulgated
thereunder shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(D) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States
Code, such rules as may be necessary to carry out this
Act.
(E) Civil penalties.--Any primary ticketing service
provider that violates this Act shall pay to the United
States a civil penalty that--
(i) is sufficient to deter violations of
this section; and
(ii) is not greater than the volume of
commerce affected by the exclusive venue
ticketing contract giving rise to the
violation.
(d) Antitrust Laws.--Nothing in this Act shall modify, impair,
limit, or supersede the applicability of the antitrust laws, as defined
in subsection (a) of the first section of the Clayton Act (15 U.S.C.
12).
(e) Effective Date.--The prohibition established in subsection (a)
shall take effect on the date that is 90 days after the date on which
the Commission promulgates rules under subsection (b).
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Exclusive venue ticketing contract.--The term
``exclusive venue ticketing contract'' means any contract or
agreement under which a primary ticketing service provider is
granted the exclusive right to conduct the initial sale of
tickets to all, or substantially all, live concerts, theatrical
performances, sporting events, comedy shows, or other scheduled
performances held at a particular venue.
(3) Primary ticketing service provider.--The term ``primary
ticketing service provider'' means any person that provides
services to conduct or facilitate the initial sale of tickets
to a live concert, theatrical performance, sporting event,
comedy show, or other scheduled performance by, or on behalf
of, the organizer of such event.
(4) Venue.--The term ``venue'' means a physical space--
(A) at which live concerts, theatrical
performances, sporting events, comedy shows, or other
scheduled performances are held;
(B) with a defined performance area and a defined
audience area; and
(C) that has a maximum capacity in the defined
audience area of not fewer than 5,000 individuals.
<all>
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118S1327 | Consumer Credit Control Act of 2023 | [
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"sponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1327 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1327
To amend the Fair Credit Reporting Act to require that a consumer
authorize the release of certain information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Reed (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to require that a consumer
authorize the release of certain 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 ``Consumer Credit Control Act of
2023''.
SEC. 2. PERMISSIBLE PURPOSES OF REPORTS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended--
(1) in section 604 (15 U.S.C. 1681b)--
(A) by striking subsections (c) through (e) and
inserting the following:
``(c) Conditions for Furnishing Certain Consumer Reports.--
``(1) In general.--A consumer reporting agency may furnish
a consumer report for the following purposes only if the
consumer reporting agency obtains affirmative informed consent
of the consumer to furnish the consumer report and the consumer
reporting agency verifies the identity of the consumer by
reviewing the proper identification required under section 610:
``(A) An extension of credit pursuant to subsection
(a)(3)(A).
``(B) The underwriting of insurance pursuant to
subsection (a)(3)(C).
``(2) Additional reports; election.--After the consumer
reporting agency obtains affirmative informed consent of the
consumer and verifies the identity of the consumer under
paragraph (1), the consumer reporting agency may continue to
furnish consumer reports solely for the purposes of reviewing
or collecting on an account described in subparagraphs (A) and
(C) of subsection (a)(3).
``(3) Furnishing reports in connection with credit or
insurance transactions that are not initiated by consumer.--
``(A) In general.--A consumer reporting agency may
furnish a consumer report to a person in connection
with any credit or insurance transaction under
subparagraph (A) or (C) of subsection (a)(3) that is
not initiated by the consumer only if--
``(i) the consumer reporting agency obtains
affirmative informed consent of the consumer to
furnish the consumer report and the consumer
reporting agency verifies the identity of the
consumer by reviewing the proper identification
required under section 610; and
``(ii) the transaction consists of a firm
offer of credit or insurance.
``(B) Election.--The consumer may elect to--
``(i) have the consumer's name and
addresses included in lists of names and
addresses provided by the consumer reporting
agency pursuant to subparagraphs (A) and (C) of
subsection (a)(3) in connection with any credit
or insurance transaction that is not initiated
by the consumer only if--
``(I) the consumer reporting agency
obtains affirmative informed consent of
the consumer to furnish the consumer
report and the consumer reporting
agency verifies the identity of the
consumer by reviewing the proper
identification required under section
610; and
``(II) the transaction consists of
a firm offer of credit or insurance;
and
``(ii) revoke at any time the election
pursuant to clause (i) to have the consumer's
name and address included in lists provided by
a consumer reporting agency.
``(C) Information regarding inquiries.--Except as
provided in section 609(a)(5), a consumer reporting
agency shall not furnish to any person a record of
inquiries in connection with a credit or insurance
transaction that is not initiated by a consumer.
``(4) Disclosures.--
``(A) In general.--A person may not procure a
consumer report for any purpose pursuant to
subparagraphs (D), (F), and (G) of subsection (a)(3)
unless--
``(i) a simple and easy to understand, as
defined in section 1022.54(b) of title 12, Code
of Federal Regulations, as in effect on the
date of enactment of the Consumer Credit
Control Act of 2023, disclosure has been made
to the consumer at any time before the report
is procured or caused to be procured, that
consists solely of the disclosure and the
opportunity to provide the consent described in
clause (ii), that a consumer report may be
obtained for such purposes; and
``(ii) the person has obtained affirmative
informed consent of the consumer for the
procurement of the consumer report by that
person.
``(B) Authorizations.--The consent described in
subparagraph (A)(ii) shall be provided on the
disclosure described under subparagraph (A)(i).
``(5) Rulemaking.--Not later than 270 days after the date
of enactment of the Consumer Credit Control Act of 2023, the
Director of the Bureau shall promulgate regulations that--
``(A) implement this subsection;
``(B) establish a model form for the disclosure
document pursuant to paragraph (4);
``(C) permit consumers to provide affirmative
informed consent required by paragraph (1) for a
specific time period for multiple users for the
specified purpose during that time period;
``(D) require a consumer reporting agency--
``(i) to provide to each consumer a secure,
convenient, accessible, and cost-free method,
including by toll-free telephone or secure
electronic means, by which a consumer may--
``(I) provide or revoke any
affirmative informed consent pursuant
to this subsection; and
``(II) make or revoke any election
pursuant to paragraph (3)(B);
``(ii) to implement any provision or
revocation of affirmative informed consent
pursuant to this subsection not later than 1
business day after the date on which a consumer
provides or revokes affirmative informed
consent; and
``(iii) to implement any election or
revocation of any election pursuant to
paragraph (3)(B) not later than 1 business day
after the date on which a consumer makes or
revokes an election; and
``(E) define what constitutes affirmed informative
consent in the manner that provides the greatest
protection to consumers.
``(6) Prohibitions.--
``(A) In general.--The method described in
paragraph (5)(D) shall not be used to--
``(i) collect any information on a consumer
that is not necessary for the purpose of the
consumer to allow or disallow the furnishing of
consumer reports; or
``(ii) advertise any product or service.
``(B) No waiver.--In the offering of a method
described in paragraph (5)(D), a consumer reporting
agency shall not require a consumer to waive any rights
nor indemnify the consumer reporting agency from any
liabilities arising from the offering of such method.
``(7) Reports.--
``(A) CFPB.--
``(i) Recommendation.--Not later than 270
days after the date of enactment of the
Consumer Credit Control Act of 2023, the
Director of the Bureau shall, after
consultation with the Federal Deposit Insurance
Corporation, the National Credit Union
Administration, the Consumer Advisory Board,
and other Federal and State regulators as the
Director of the Bureau determines are
appropriate, submit to the Committee on
Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services
of the House of Representatives recommendations
on how to provide consumers greater
transparency and personal control over their
consumer reports furnished for permissible
purposes under subsections (a)(3)(E) and
(a)(6).
``(ii) Report.--The Director of the Bureau
shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the
House of Representatives an annual report that
includes--
``(I) recommendations on how this
subsection may be improved;
``(II) a description of efforts to
educate consumers of their rights under
this subsection;
``(III) a description of
enforcement actions taken to
demonstrate compliance with this
subsection;
``(IV) recommendations on how to
improve oversight of consumer reporting
agencies and users of consumer reports;
and
``(V) any other recommendations
concerning how consumers may be
provided greater transparency and
control over their personal
information.
``(B) GAO.--
``(i) Study.--The Comptroller General of
the United States shall conduct a study on what
additional protections or restrictions may be
needed to ensure that the information collected
in consumer files is secure and does not
adversely impact consumers.
``(ii) Report.--Not later than 1 year after
the date of enactment of the Consumer Credit
Control Act of 2023, the Comptroller General of
the United States shall submit to the Committee
on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services
of the House of Representatives a report on the
results of the study under clause (i), which
shall include--
``(I) to the greatest extent
possible, the presentation of
unambiguous conclusions and specific
recommendations for further legislative
changes needed to ensure that the
information collected in consumer files
is secure and does not adversely impact
consumers; and
``(II) if no recommendations for
further legislative changes are
presented, a detailed explanation of
why no such changes are recommended.'';
(B) by redesignating subsections (f) and (g) as
subsections (d) and (e), respectively; and
(C) by adding at the end the following:
``(f) No Fees.--No consumer reporting agency may charge a consumer
any fee for any activity pursuant to or as a result of this section.'';
(2) in section 607(a) (15 U.S.C. 1681e(a))--
(A) in the third sentence, by striking ``make a
reasonable effort'' and inserting ``use commercially
reasonable efforts''; and
(B) by inserting ``Every consumer reporting agency
shall use commercially reasonable efforts to avoid
unauthorized access to consumer reports and information
in the file of a consumer maintained by the consumer
reporting agency, including complying with any
appropriate standards established under section 501(b)
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)).''
after the end of the third sentence;
(3) in section 609 (15 U.S.C. 1681g), by striking
subsection (b) and inserting the following:
``(b) Scope of Disclosure.--The Director of the Bureau shall
promulgate regulations to clarify that any disclosure required by
subsection (a) shall be made to the consumer when a consumer makes a
request, irrespective of whether the information required to be
disclosed is held by the parent, subsidiary, or affiliate of a consumer
reporting agency.''; and
(4) in section 610(a)(1) (15 U.S.C. 1681h(a)(1))--
(A) by inserting ``, implementing the provision or
revocation of any affirmative informed consent, or
implementing any election or revocation of any
election'' after ``disclosures''; and
(B) by striking ``section 609'' and inserting
``sections 604 and 609''.
(b) Technical and Conforming Amendments.--The Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 603(d)(3) (15 U.S.C. 1681a(d)(3)), in the
matter preceding subparagraph (A), by striking ``604(g)(3)''
and inserting ``604(e)(3)'';
(2) in section 605A (15 U.S.C. 1681c-1)--
(A) by striking subsections (i) and (j); and
(B) by redesignating subsection (k) as subsection
(i);
(3) in section 615(d) (15 U.S.C. 1681m(d))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``604(c)(1)(B)'' and inserting
``604(c)(3)(A)(ii)''; and
(ii) in subparagraph (E), by striking
``604(e)'' and inserting ``604(c)(5)(D)''; and
(B) in paragraph (2)(A), by striking ``604(e)'' and
inserting ``604(c)(5)(D)''; and
(4) in section 625(b)(1) (15 U.S.C. 1681t(b)(1))--
(A) in subparagraph (A), by striking ``subsection
(c) or (e) of section 604'' and inserting
``604(c)(3)'';
(B) in subparagraph (I), by adding ``or'' at the
end;
(C) by striking subparagraph (J); and
(D) by redesignating subparagraph (K) as
subparagraph (J).
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply to a consumer report, as defined in section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a), furnished after the earlier
of--
(1) the date on which the regulations promulgated by the
Director of the Bureau of Consumer Financial Protection under
subsection (c)(5) of section 604 of the Fair Credit Reporting
Act (15 U.S.C. 1681b), as amended by subsection (a) of this
section, require compliance; and
(2) the date that is 18 months after the date of enactment
of this Act.
<all>
</pre></body></html>
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118S1328 | Tribal Labor Sovereignty Act of 2023 | [
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
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[
"H001061",
"Sen... | <p><strong>Tribal Labor Sovereignty Act of </strong><b>2023</b></p> <p>This bill excludes Indian tribes and tribal enterprises and institutions on tribal land from requirements for employers under the National Labor Relations Act (NLRA). (Currently under the NLRA, employers may not engage in unfair labor practices and must allow employees to form unions, engage in collective bargaining, and take collective action.)</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1328 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1328
To clarify the rights of Indians and Indian Tribes on Indian lands
under the National Labor Relations Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Moran (for himself, Mr. Daines, Mr. Risch, Mr. Cramer, Mr. Hoeven,
Mr. Rounds, Mr. Crapo, Mr. Thune, Mr. Mullin, and Mr. Lankford)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
_______________________________________________________________________
A BILL
To clarify the rights of Indians and Indian Tribes on Indian lands
under the National Labor Relations 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 ``Tribal Labor Sovereignty Act of
2023''.
SEC. 2. DEFINITION OF EMPLOYER.
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), 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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118S1329 | Armenian Genocide Education Act | [
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"W00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1329 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1329
To direct the Librarian of Congress to carry out activities to support
Armenian Genocide education programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Menendez (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To direct the Librarian of Congress to carry out activities to support
Armenian Genocide education programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armenian Genocide Education Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has demonstrated a commitment to
remembrance and education about the Armenian Genocide of 1915-
1923 through the United States Government's May 28, 1951,
written statement to the International Court of Justice
regarding the Convention on the Prevention and Punishment of
the Crime of Genocide; through President Ronald Reagan's
Proclamation No. 4838 on April 22, 1981; by H.J. Res 148,
adopted on April 8, 1975; H.J. Res 247, adopted on September
10, 1984; H. Res. 296, adopted on October 29, 2019; S. Res.
150, adopted on December 12, 2019; and President Joe Biden's
April 24, 2021, statement recognizing the Armenian Genocide.
(2) H. Res. 296 and S. Res. 150 cite the Ottoman Empire's
``campaign of genocide against Armenian, Greek, Assyrian,
Chaldean, Syriac, Aramean, Maronite and other Christians'', and
call on the United States to--
(A) ``reject efforts to enlist, engage, or
otherwise associate the United States Government with
denial of the Armenian Genocide or any other
genocide''; and
(B) ``encourage education and public understanding
of the facts of the Armenian Genocide, including the
United States role in the humanitarian relief effort,
and the relevance of the Armenian Genocide to modern-
day crimes against humanity''.
(3) Today, those who deny that the Ottoman Empire
systematically planned, organized, and implemented a campaign
of genocide against Armenian, Greek, Assyrian, Chaldean,
Syriac, Aramean, Maronite, and other Christians or who seek to
distort the true nature of these crimes continue to find
forums, especially online. This denial and distortion dishonors
those who were persecuted, murdered, dispossessed, and exiled,
making it even more of a national imperative to educate
students in the United States so that they may explore the
lessons that these crimes provide for all people, sensitize
communities to the circumstances that gave rise to these
crimes, and help youth be less susceptible to the falsehood of
genocide denial and distortion and to the destructive messages
of hate that arise from denial and distortion.
SEC. 3. DEFINITIONS.
In this Act:
(1) Armenian genocide.--The term ``Armenian Genocide''
means Ottoman Turkey's systematic and deliberate state-
sponsored mass murder, national dispossession, cultural
erasure, and exile of millions of Armenians, Greeks, Assyrians,
Chaldeans, Syriacs, Arameans, Maronites, and other Christians,
between 1915 and 1923.
(2) Armenian genocide education program.--The term
``Armenian Genocide education program'' means a program that
has as its specific and primary purpose the improvement of
awareness and understanding of the history, lessons,
consequences, and ongoing costs of the Armenian Genocide, and
which will serve as a means of promoting justice and preventing
genocide, hate, and bigotry against any group of people.
(3) Denial.--The term ``denial'' refers to discourse and
propaganda that claims that the Armenian Genocide did not take
place.
(4) Distortion.--The term ``distortion'' refers
specifically to any attempt to excuse or minimize, in its
entirety or in its principal elements, the Armenian Genocide,
including efforts to blame the victims for causing their own
genocide, or to portray the Armenian Genocide as a positive
historical event.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 21
7801).
SEC. 4. PROGRAM DESCRIBED.
(a) Establishment and Operation of Program.--The Librarian of
Congress shall establish and carry out a program to support Armenian
Genocide education programs by--
(1) carrying out the activities described in subsection
(b);
(2) entering into agreements with program participants
under section 5; and
(3) providing online resources under section 6.
(b) Activities.--The activities described in this subsection are as
follows:
(1) The development and national dissemination of accurate,
relevant, and accessible resources to promote understanding
about how and why the Armenian Genocide happened, which shall
include digital resources and may include other types of
resources, such as print resources and traveling exhibitions.
(2) The development, national dissemination, and
implementation of principles of sound pedagogy for teaching
about the Armenian Genocide.
(3) The provision of professional development services for
entities participating in the program under an agreement
entered into under section 5, such as through--
(A) local, regional, and national workshops and
teacher trainings in conjunction with genocide
education centers and other appropriate partners;
(B) engagement with local educational agencies and
high schools and schools that include one of the middle
grades that are independent of any local educational
agency; and
(C) the operation and expansion of a teacher
fellowship program to cultivate and support leaders in
Armenian Genocide education.
(4) Engagement with State and local education leaders to
encourage the adoption of the resources developed and supported
under the program established by this Act into curricula across
diverse disciplines.
(5) Evaluation and research to assess the effectiveness and
impact of the Armenian Genocide education programs and the
other activities carried out under the program established by
this Act, which may include the preparation and use of material
for the annual report required under section 8.
SEC. 5. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS.
(a) Agreements With Program Participants.--The Librarian of
Congress may enter into agreements with eligible entities under which
such entities may serve as program participants in the program
established by this Act.
(b) Contents of Agreements.--An agreement entered into under this
section between the Librarian and an eligible entity shall include the
following elements:
(1) A description of the services and assistance provided
to the entity by the Librarian.
(2) A description of the activities to be carried out by
the entity with such services and assistance.
(3) The length of the period in which the agreement shall
be in effect.
(4) Such other elements as may be agreed to by the
Librarian and the entity, consistent with the program
established by this Act.
(c) Eligibility.--An entity is eligible to serve as a program
participant in the program established by this Act if--
(1) the entity is a local educational agency, a school that
is independent of any local educational agency, or an entity
that works with or for a local educational agency or a school
that is independent of any local educational agency; and
(2) the entity submits to the Librarian, at such time and
in such form as the Librarian may require, an application
containing such information and assurances as the Librarian may
require.
(d) Priority.--In selecting among eligible entities for
participating in the program established under this Act, the Librarian
shall give priority to applications from entities who are local
educational agencies, schools that are independent of any local
educational agency, or entities that work with or for a local
educational agency or a school that is independent of any local
educational agency, that do not, at the time application is made, offer
any Armenian Genocide education program.
SEC. 6. ONLINE EDUCATION RESOURCES.
(a) Website.--The Librarian of Congress shall maintain on the
website of the Library of Congress a publicly available special section
designated for Armenian Genocide education resources to improve
awareness and understanding of this Genocide and educate individuals on
the lessons of the Armenian Genocide as a means to raise awareness
about the importance of preventing genocide, hate, and bigotry against
any group of people.
(b) Information Distribution.--The Librarian shall distribute
information about the activities funded under this Act through the
website of the Library of Congress, and shall respond to inquiries for
supplementary information concerning such activities.
(c) Best Practices.--The information distributed by the Librarian
under this section shall include best practices for educators on how to
teach about the Armenian Genocide.
SEC. 7. PRIVATE SUPPORT.
(a) Acceptance of Donations.--The Librarian of Congress may
solicit, accept, hold, administer, invest, and use donated funds and
gifts, bequests, and devises of property, both real and personal, to
support the activities carried out under this Act, subject to
subsection (c).
(b) Establishment of Separate Gift Account.--There is established
in the Treasury (among the accounts of the Library of Congress) a gift
account for the activities carried out under this Act.
(c) Dedication of Funds.--Notwithstanding any other provision of
law--
(1) any funds donated to the Librarian to carry out
activities under this Act shall be deposited entirely into the
gift account established under subsection (b);
(2) the funds contained in such account shall be used
solely to carry out activities under this Act; and
(3) the Librarian may not deposit into such account any
funds donated to the Librarian which are not donated for the
exclusive purpose of carrying out activities under this Act.
SEC. 8. ANNUAL REPORT.
Not later than February 1 of each year (beginning with 2024), the
Librarian of Congress shall submit to Congress a report describing the
activities carried out under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for fiscal year 2024 and each of the 4 succeeding fiscal
years.
<all>
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118S133 | NAPA Reauthorization Act | [
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"Sen. Collins, Susan M. [R-ME]",
"sponsor"
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"Sen. Warner, Mark R. [D-VA]",
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"M... | <p><strong>NAPA Reauthorization Act</strong></p> <p>This bill extends through 2035 and makes other changes to the National Alzheimer's Project. This project supports coordination of federal planning, programs, and other efforts to address Alzheimer's disease and related dementias.</p> <p>In particular, the bill incorporates a focus on promoting healthy aging and reducing risk factors associated with cognitive decline.</p> <p>The bill also expands the Advisory Council on Alzheimer's Research, Care, and Services to include additional members, such as (1) a researcher with experience recruiting and retaining diverse clinical trial participants, (2) an individual diagnosed with Alzheimer's disease, and (3) representatives from additional federal agencies (e.g., the Department of Justice and the Office of Management and Budget).</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 133 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 133
To extend the National Alzheimer's Project.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Ms. Collins (for herself, Mr. Warner, Mrs. Capito, Mr. Markey, Mr.
Moran, Mr. Menendez, Ms. Murkowski, and Ms. Stabenow) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To extend the National Alzheimer's Project.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAPA Reauthorization Act''.
SEC. 2. EXTENSION OF PROJECT.
Section 2 of the National Alzheimer's Project Act (42 U.S.C. 11225)
is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and
coordination of'' and inserting ``on, and coordination
of,'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
and
(ii) by inserting before subparagraph (B),
as so redesignated, the following:
``(A) promotion of healthy aging and reduction of
risk factors for Alzheimer's;'';
(C) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(D) by redesignating paragraph (6) as paragraph
(7); and
(E) by inserting after paragraph (5) the following:
``(6) provide information on, and promote the adoption of,
healthy behaviors that may reduce the risk of cognitive decline
and promote and protect cognitive health; and'';
(2) in subsection (d)(2)--
(A) by inserting ``, across public and private
sectors,'' after ``Nation's progress''; and
(B) by inserting ``, including consideration of
public-private collaborations, as appropriate'' before
the period;
(3) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (A), by adding at the
end the following:
``(xi) A designee of the Department of
Justice.
``(xii) A designee of the Federal Emergency
Management Agency.
``(xiii) A designee of the Social Security
Administration.
``(xiv) A designee of the Office of
Management and Budget.
``(xv) 1 or more other designees of the
Department of Health and Human Services, as
determined by the Secretary of Health and Human
Services.''; and
(ii) in subparagraph (B)--
(I) in clause (v)--
(aa) by striking ``2
researchers'' and inserting ``3
researchers''; and
(bb) by striking ``; and''
and inserting ``, including at
least one researcher with
demonstrated experience in
recruitment and retention of
diverse cohorts of trial
participants;'';
(II) in clause (vi), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(vii) an individual with a diagnosis of
Alzheimer's disease.'';
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``an initial
evaluation'' and inserting ``annual
evaluations''; and
(II) by striking ``research,
clinical'' and inserting ``research,
risk reduction, public health,
clinical'';
(ii) in subparagraph (B), by striking
``initial'';
(iii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``initial''; and
(II) in clause (ii), by inserting
``and reduce disparities'' before the
semicolon; and
(iv) in subparagraph (D), by striking
``annually thereafter, an evaluation'' and
inserting ``annual evaluations''; and
(C) in paragraph (6), by striking ``2025'' and
inserting ``2035'';
(4) in subsection (g)(3)(A)(ii), by inserting ``and reduce
disparities'' before the semicolon; and
(5) in subsection (h), by striking ``2025'' and inserting
``2035''.
<all>
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118S1330 | Gerald’s Law Act | [
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"P000595",
"Sen. Peters, Gary C. [D-MI]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1330 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1330
To amend title 38, United States Code, to provide a burial and funeral
allowance for certain veterans who die at home or in other settings
while in receipt of hospice care furnished by the Department of
Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Boozman (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide a burial and funeral
allowance for certain veterans who die at home or in other settings
while in receipt of hospice care furnished by the Department of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gerald's Law Act''.
SEC. 2. BURIAL AND FUNERAL ALLOWANCE FOR CERTAIN VETERANS WHO DIE AT
HOME OR IN OTHER SETTINGS WHILE IN RECEIPT OF HOSPICE
CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 2303(a)(2)(A) of title 38, United States
Code is amended--
(1) in clause (i), by striking ``; or'' and inserting a
semicolon;
(2) in clause (ii)(III), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) a home or other setting at which the
deceased veteran was, at the time of death, receiving
hospice care pursuant to section 1717(a) of this title
if such care was directly preceded by the Secretary
furnishing to the veteran hospital care or nursing home
care as described in subclause (I), (II), or (III) of
clause (ii).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of
2020 (Public Law 116-315; 134 Stat. 4932).
<all>
</pre></body></html>
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118S1331 | PSLF Payment Completion Fairness Act | [
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"M000639",
"Sen. Menendez, Robert [D-NJ]",
"sponsor"
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[
"B001310",
"Sen. Braun, Mike [R-IN]",
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] | <p><strong>Public Service Loan Forgiveness Payment Completion Fairness Act or the PSLF Payment Completion Fairness Act</strong></p> <p>This bill removes the requirement that a borrower must be employed in a public service job at the time of loan forgiveness under the Public Service Loan Forgiveness (PSLF) program.</p> <p>Under the current PSLF program, the Department of Education must cancel the balance of interest and principal due on a borrower's Federal Direct Loans after the borrower makes 120 monthly loan payments while employed in a public service job and, at the time of loan forgiveness, the borrower is employed in a public service job. This bill removes the requirement that the borrower must be working in a public service job at the time of loan forgiveness.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1331 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1331
To ensure that borrowers who have performed qualifying public service
are eligible for Public Service Loan Forgiveness.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Menendez (for himself 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 ensure that borrowers who have performed qualifying public service
are eligible for Public Service Loan Forgiveness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Service Loan Forgiveness
Payment Completion Fairness Act'' or the ``PSLF Payment Completion
Fairness Act''.
SEC. 2. PUBLIC SERVICE LOAN FORGIVENESS.
Section 455(m)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)(1)(B)) is amended by striking ``(i) is employed'' and all that
follows through ``(ii) has been'' and inserting ``has been''.
<all>
</pre></body></html>
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118S1332 | Recognizing the Role of Direct Support Professionals Act | [
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
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"Sen. Collins, Susan M. [R-ME]",
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] | <p><b>Recognizing the Role of Direct Support Professionals Act</b></p> <p>This bill requires the Office of Management and Budget to establish a separate category within the Standard Occupational Classification system for direct support professionals (i.e., individuals who provide services to promote independence in individuals with an intellectual or developmental disability) for data reporting purposes.</p> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1332
To require the Office of Management and Budget to revise the Standard
Occupational Classification system to establish a separate code for
direct support professionals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Hassan (for herself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Office of Management and Budget to revise the Standard
Occupational Classification system to establish a separate code for
direct support professionals, and for other 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 ``Recognizing the Role of Direct
Support Professionals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Direct support professionals play a critical role in
the care provided to individuals with intellectual and
developmental disabilities.
(2) Providers of home- and community-based services are
experiencing difficulty hiring and retaining direct support
professionals, with a national turnover rate of 43 percent, as
identified in a 2021 study by the National Core Indicators, and
full-time vacancy rates increasing by 94 percent between 2019
and 2021.
(3) High turnover rates can lead to instability for
individuals receiving services, and this may result in
individuals not receiving enough personalized care to help them
reach their goals for independent living.
(4) A discrete occupational category for direct support
professionals will help States and the Federal Government--
(A) better interpret the shortage in the labor
market of direct support professionals; and
(B) collect data on the high turnover rate of
direct support professionals.
(5) The Standard Occupational Classification system is
designed and maintained solely for statistical purposes, and is
used by Federal statistical agencies to classify workers and
jobs into occupational categories for the purpose of
collecting, calculating, analyzing, or disseminating data.
(6) Occupations in the Standard Occupational Classification
system are classified based on work performed and, in some
cases, on the skills, education, or training needed to perform
the work.
(7) Establishing a discrete occupational category for
direct support professionals will--
(A) correct an inaccurate representation in the
Standard Occupational Classification system;
(B) recognize these professionals for the critical
and often overlooked work that they perform for the
disabled community, which work is different than the
work of a home health aide or a personal care aide; and
(C) better align the Standard Occupational
Classification system with related classification
systems.
SEC. 3. DEFINITION OF DIRECT SUPPORT PROFESSIONAL.
In this Act, the term ``direct support professional'' means an
individual who, in exchange for compensation, provides services to an
individual with an intellectual disability or a developmental
disability (as defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) that
promote such individual's independence, including--
(1) services that enhance independence and community
inclusion for such individual, including traveling with such
individual, attending and assisting such individual while
visiting friends and family, shopping, or socializing;
(2) services such as coaching and supporting such
individual in communicating needs, achieving self-expression,
pursuing personal goals, living independently, and
participating actively in employment or voluntary roles in the
community;
(3) services such as providing assistance with activities
of daily living (such as feeding, bathing, toileting, and
ambulation) and with tasks such as meal preparation, shopping,
light housekeeping, and laundry; or
(4) services that support such individual at home, work,
school, or any other community setting.
SEC. 4. REVISION OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.
The Director of the Office of Management and Budget shall, not
later than 30 days after the date of enactment of this Act, revise the
Standard Occupational Classification system to establish a separate
code (31-1123) for direct support professionals as a healthcare support
occupation. Such code shall be a subset of 31-1120, which includes home
health aides and personal care aides.
<all>
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118S1333 | Autism Family Caregivers Act of 2023 | [
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"Sen. Menendez, Robert [D-NJ]",
"sponsor"
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[
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"Sen. Collins, Susan M. [R-ME]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1333 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1333
To authorize the Secretary of Health and Human Services, acting through
the Administrator of the Health Resources and Services Administration,
to award grants for providing evidence-based caregiver skills training
to family caregivers of children with autism spectrum disorder or other
developmental disabilities or delays, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Menendez (for himself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Secretary of Health and Human Services, acting through
the Administrator of the Health Resources and Services Administration,
to award grants for providing evidence-based caregiver skills training
to family caregivers of children with autism spectrum disorder or other
developmental disabilities or delays, and for other 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 ``Autism Family Caregivers Act of
2023''.
SEC. 2. CAREGIVER SKILLS TRAINING PILOT PROGRAM.
(a) Authorization.--The Secretary shall carry out a program, to be
known as the Caregiver Skills Training Pilot Program, under which the
Secretary shall award grants to eligible entities to provide evidence-
based caregiver skills training to family caregivers of children with
autism spectrum disorder or other developmental disabilities or delays,
for the purposes of--
(1) improving the well-being of children and their
caregivers; and
(2) teaching caregivers of such children evidenced-based
intervention strategies to promote--
(A) improvement in the well-being of such children
and their caregivers; and
(B) the greater inclusion of such children in
family and community life.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall be--
(1) a nonprofit or other community-based organization;
(2) a Federally qualified health center;
(3) an academic health center;
(4) a health system; or
(5) a collaboration or consortium of 2 or more entities
listed in paragraphs (1) through (4).
(c) Application.--To seek a grant under this section, an eligible
entity shall submit to the Secretary an application that includes--
(1) a description of--
(A) the applicant's experience delivering evidence-
based caregiver skills training to family caregivers of
children with autism spectrum disorder or other
developmental disabilities or delays;
(B) the activities that the applicant proposes to
carry out through the grant; and
(C) how such activities will achieve the purposes
described in subsection (a); and
(2) a plan for--
(A) coordination with community-based
organizations, State and local early intervention
providers, State Medicaid systems, schools, and other
providers of early intervening services;
(B) collaboration with health care payors
(including public and private insurance), State
departments of insurance, health plans, and other
relevant payors;
(C) expanding the skills training program proposed
to be carried out through the grant;
(D) achieving sustainability of such program; and
(E) establishing and maintaining a stakeholder
implementation committee under subsection (f).
(d) Selection of Grantees.--
(1) Selection criteria.--In awarding a grant to an eligible
entity or a collaboration or consortium of 2 or more entities
described in subsection (b), the Secretary shall require at
least one of the recipients to--
(A) have at least 3 years of demonstrated
experience--
(i) delivering culturally competent
services for children with autism spectrum
disorder or other developmental delays or
disabilities, as well as collaborating directly
with their families, including in medically
underserved communities;
(ii) providing services to children with
autism spectrum disorder or other developmental
delays or disabilities, as well as
collaborating directly with their families;
(iii) providing individual caregiver
coaching to caregivers of children with autism
spectrum disorder or other developmental delays
or disabilities; and
(iv) working with self-advocates or adults
with autism spectrum disorder or other
developmental delays or disabilities; and
(B) demonstrate the ability to access resources
from and collaborate with--
(i) health care providers;
(ii) allied health professionals;
(iii) educators;
(iv) social workers; and
(v) nonprofessional family caregivers who
assist with daily living and developmental
activities, including for children with autism
spectrum disorder or other developmental delays
or disabilities.
(2) Reducing disparities.--In awarding grants under this
section, the Secretary may consider, as appropriate, the extent
to which an eligible entity can deliver evidence-based,
culturally competent caregiver skills training programs for
children with autism spectrum disorder or other developmental
delays or disabilities from diverse racial, ethnic, geographic,
or linguistic backgrounds.
(e) Use of Funds.--The recipient of a grant under this section
shall use the grant--
(1) to provide, at no or minimal cost to participants--
(A) evidence-based caregiver skills training to
family caregivers of children with autism spectrum
disorder or other developmental delays or disabilities;
and
(B) such training in areas related to children's
learning and development, including--
(i) communication skills;
(ii) social engagement;
(iii) daily living skills; and
(iv) caregiver response strategies to
severe and challenging behaviors; and
(2) to establish and maintain a stakeholder implementation
committee under subsection (f).
(f) Stakeholder Implementation Committee.--
(1) In general.--As a condition on receipt of a grant under
this section, an eligible entity shall agree to use the grant
to establish and maintain a stakeholder implementation
committee to advise on ensuring that the training provided
pursuant to the grant is accessible and culturally relevant.
(2) Composition.--The members of the stakeholder
implementation committee shall all be from the local community
served pursuant to the grant (or the relevant metropolitan
statistical area) and shall include, at a minimum, the
following:
(A) Family caregivers of children with autism or
other developmental disabilities, including autistic
caregivers and other caregivers with disabilities.
(B) Pediatric health care and early intervention
providers with experience providing services to
children with autism or other developmental delays or
disabilities.
(C) Educators with experience working with children
with autism or other developmental delays or
disabilities.
(D) Representatives of local organizations familiar
with the cultural values and priorities of individuals
in the local community.
(E) Local government officials.
(g) Requirements.--
(1) Number of recipients and states.--The Secretary shall
award grants under subsection (a) to not fewer than 25 eligible
entities in not fewer than 15 States.
(2) Amount.--The total amount of each grant awarded under
subsection (a) shall be not less than $500,000 over a 5-year
period.
(h) Supplement Not Supplant.--Amounts received through a grant
under this section shall be used to supplement, not supplant, other
amounts received to provide--
(1) behavioral, medical, habilitative, and other services
covered by the Medicaid program or private health insurance;
(2) services provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.); or
(3) adaptations of a training program using evidence-based
approaches to serve children of different ages, communities,
and underrepresented groups.
(i) Activities of the Secretary.--The Secretary shall--
(1) assist recipients of grants under subsection (a) in--
(A) the implementation of caregiver skills training
programs using lessons learned from other evidenced-
based activities or caregiver programs conducted or
supported by the Health Resources and Services
Administration;
(B) ensuring the programs of the recipients assist
medically underserved communities, when possible; and
(C) developing plans for achieving sustainability
of the programs of the recipients;
(2) conduct an annual evaluation of activities funded
through grants under subsection (a), in consultation with the
grant recipients, including evaluation of the effectiveness of
such grants at improving health outcomes and quality of life
for children with autism spectrum disorder or other
developmental delays or disabilities and their family
caregivers; and
(3) convene at least one national or regional meeting of
such grant recipients to discuss best practices.
(j) Reports.--
(1) Initial report.--Not later than 6 months after awarding
the first grant under subsection (a), the Secretary shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate, and to other appropriate
congressional committees, a report on the implementation of
this section. Such report shall include--
(A) how many grants have been awarded;
(B) the name and location of the grant recipients;
(C) the communities impacted by the grants;
(D) a description of the kind of activities to be
carried out with the grants;
(E) an analysis, conducted by the Secretary, based
on the evaluation under subsection (i)(2), of the
effectiveness of such grants at improving health
outcomes and quality of life for children with autism
or other developmental delays or disabilities and their
family caregivers; and
(F) best practices to increase access to caregiver
skills training programs described in subsection (a) in
medically underserved communities.
(2) Final report.--Not later than the end of fiscal year
2027, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate,
and to other appropriate congressional committees, a final
report on the implementation of this section, including--
(A) the information, analysis, and best practices
listed in subparagraphs (A) through (F) of paragraph
(1); and
(B) recommendations on how to expand and extend the
program under this section.
(k) Definitions.--In this section:
(1) The term ``family caregiver'' means an adult family
member or other individual who has a significant relationship
with, and who provides a broad range of assistance to, a child
between the ages of 0 and 9 diagnosed with autism spectrum
disorder or other developmental disabilities or delays.
(2) The term ``Federally qualified health center'' has the
meaning given the term in section 1861(aa) of the Social
Security Act (42 U.S.C. 1395x(aa)).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Administrator of the
Health Resources and Services Administration.
(l) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2024 through 2028.
<all>
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118S1334 | MARITIME Act of 2023 | [
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[From the U.S. Government Publishing Office]
[S. 1334 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1334
To require the Secretary of Defense to develop, in cooperation with
allies and partners in the Middle East, an integrated maritime domain
awareness and interdiction capability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Rosen (for herself, Ms. Ernst, Mr. Booker, and Mr. Lankford)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require the Secretary of Defense to develop, in cooperation with
allies and partners in the Middle East, an integrated maritime domain
awareness and interdiction capability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Architecture and Response
to International Terrorism In the Middle East Act of 2023'' or the
``MARITIME Act of 2023''.
SEC. 2. MIDDLE EAST INTEGRATED MARITIME DOMAIN AWARENESS AND
INTERDICTION CAPABILITY.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, shall seek to build upon the historic opportunities
created by the Abraham Accords and the incorporation of Israel into the
area of responsibility of the United States Central Command to develop
a Middle East integrated maritime domain awareness and interdiction
capability for the purpose of protecting the people, infrastructure,
and territory of such countries from--
(1) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(2) violent extremist organizations, criminal networks, and
piracy activities that threaten lawful commerce in the
waterways within the area of responsibility of the United
States Naval Forces Central Command.
(b) Strategy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a strategy for the
cooperation described in subsection (a).
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) An assessment of the threats posed to ally or
partner countries in the Middle East by--
(i) manned and unmanned naval systems,
undersea warfare capabilities, and anti-ship
missiles of Iran and groups affiliated with
Iran; and
(ii) violent extremist organizations,
criminal networks, and piracy activities that
threaten lawful commerce in the waterways
within the area of responsibility of the United
States Naval Forces Central Command.
(B) A description of existing multilateral maritime
partnerships currently led by the United States Naval
Forces Central Command, including the Combined Maritime
Forces (including its associated Task Forces 150, 151,
152, and 153), the International Maritime Security
Construct (including its Coalition Task Force
SENTINEL), and the Navy's Task Force 59, and a
discussion of the role of such partnerships in building
an integrated maritime security capability.
(C) A description of efforts made and lessons
learned in advancing the integration of Israel into the
existing multilateral maritime partnerships described
in subparagraph (B).
(D) A description of efforts among countries in the
Middle East to coordinate intelligence, reconnaissance,
and surveillance capabilities and indicators and
warnings with respect to the threats described in
subparagraph (A), and a description of any impediment
to optimizing such efforts.
(E) A description of the current Department of
Defense systems that, in coordination with ally and
partner countries in the Middle East--
(i) provide awareness of and defend against
such threats; and
(ii) address current capability gaps.
(F) An explanation of the manner in which an
integrated maritime domain awareness and interdiction
architecture would improve collective security in the
Middle East.
(G) A description of existing and planned efforts
to engage ally and partner countries in the Middle East
in establishing such an architecture.
(H) An identification of the elements of such an
architecture that may be acquired and operated by ally
and partner countries in the Middle East, and a list of
such elements for each such ally and partner.
(I) An identification of the elements of such an
architecture that may only be provided and operated by
members of the United States Armed Forces.
(J) An identification of any challenge to
optimizing such an architecture in the Middle East.
(K) An assessment of progress and key challenges in
the implementation of the strategy required by
paragraph (1) using the metrics identified in
accordance with paragraph (3).
(L) Recommendations for improvements in the
implementation of such strategy based on such metrics.
(M) An assessment of any capabilities or lessons
from the Navy's Task Force 59 that may be leveraged to
support an integrated maritime domain awareness and
interdiction capability in the Middle East.
(N) A description and assessment of the joint
bilateral and multinational maritime exercises
conducted in the Middle East since the establishment of
the Navy's Task Force 59, including a discussion of the
manner in which such exercises have impacted the
efforts and lessons detailed under subparagraphs (C),
(D), and (M).
(O) A description of collaboration opportunities
between the intelligence, reconnaissance, and
surveillance capabilities of the Navy's Task Force 59
and the Air Force's Task Force 99 to support a joint-
service approach to maritime domain awareness with sea-
based and air-based unmanned assets.
(P) Any other matter the Secretary of Defense
considers relevant.
(3) Metrics.--The Secretary of Defense shall identify
metrics to assess progress in the implementation of the
strategy required by paragraph (1).
(4) Format.--The strategy required by paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
(c) Feasibility Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility and advisability of establishing a
fund for an integrated maritime domain awareness and
interdiction capability to protect the people, infrastructure,
and territory of ally and partner countries in the Middle East
from--
(A) manned and unmanned naval systems, undersea
warfare capabilities, and anti-ship missiles of Iran
and groups affiliated with Iran; and
(B) violent extremist organizations, criminal
networks, and piracy activities that threaten lawful
commerce in the waterways of the Middle East.
(2) Element.--The study required by paragraph (1) shall
include an assessment of funds that could be contributed by
ally and partner countries of the United States.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the results
of the study conducted under paragraph (1).
(d) Protection of Sensitive Information.--Any activity carried out
under this section shall be conducted in a manner that appropriately
protects sensitive information and the national security interests of
the United States.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
<all>
</pre></body></html>
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118S1335 | New York-New Jersey Watershed Protection Act | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
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[
"S000148",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1335 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1335
To establish the New York-New Jersey Watershed Restoration Program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Booker (for himself, Mrs. Gillibrand, Mr. Menendez, and Mr.
Schumer) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish the New York-New Jersey Watershed Restoration Program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New York-New Jersey Watershed
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Approved plan.--
(A) In general.--The term ``approved plan'' means
any plan for management of the Watershed--
(i) that has been approved by a Federal,
regional, State, Tribal, or local governmental
entity, including State Wildlife Action Plans,
Comprehensive Conservation Management Plans,
and Watershed Improvement Plans; or
(ii) that is determined by the Secretary,
in consultation with the entities described in
clause (i), to contribute to the achievement of
the purposes of this Act.
(B) Inclusions.--The term ``approved plan''
includes--
(i) the New York-New Jersey Harbor &
Estuary Program (HEP) Action Agenda;
(ii) the Hudson Raritan Comprehensive
Restoration Plan;
(iii) the Hudson River Comprehensive
Restoration Plan;
(iv) the Hudson River Estuary Program
Action Agenda;
(v) the Mohawk River Action Agenda;
(vi) the Sustainable Raritan River
Initiative Action Plan;
(vii) the Lower Passaic and Bronx & Harlem
Federal Urban Waters Partnership Workplans;
(viii) the New Jersey Sports and Exhibition
Authority Meadowlands Restoration Plan; and
(ix) such other conservation projects in
the region that achieve the purposes of this
Act, as determined by the Secretary.
(2) Environmental justice.--The term ``environmental
justice'', with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies,
means the fair treatment and meaningful involvement of all
people, regardless of race, color, national origin, or income.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(4) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under section 4(a).
(5) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under section
3(a).
(6) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife, including water
quality--
(A) to preserve and improve ecosystems and
ecological processes on which those fish and wildlife
depend; and
(B) for use and enjoyment by the public.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(8) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is composed of--
(A) all land area the surface water of which drains
into the New York-New Jersey Harbor;
(B) the waters contained within that land area; and
(C) the estuaries associated with those watersheds.
SEC. 3. NEW YORK-NEW JERSEY WATERSHED RESTORATION PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a nonregulatory
program, to be known as the ``New York-New Jersey Watershed Restoration
Program''.
(b) Purposes.--The purposes of the program shall include--
(1) coordinating restoration and protection activities
among Federal, State, Tribal, local, and regional entities and
conservation partners throughout the Watershed;
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance for those
activities, throughout the Watershed--
(A) to sustain and enhance fish and wildlife
habitat;
(B) to improve and maintain water quality to
support fish, wildlife, and their habitats, as well as
to improve opportunities for public access and
recreation in the Watershed consistent with the
ecological needs of fish and wildlife habitats;
(C) to advance the use of natural climate solutions
and natural infrastructure, including living shorelines
and other green infrastructure techniques, to maximize
the resilience of communities, natural systems, and
habitats experiencing the impacts of climate change;
(D) to engage the public, particularly communities
experiencing environmental injustice, through outreach,
education, and community involvement to increase
capacity, support, and workforce development for
coordinated restoration and protection activities in
the Watershed;
(E) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities in the Watershed;
(F) to provide for feasibility and planning studies
for green infrastructure projects that achieve habitat
restoration and stormwater management goals;
(G) to support land conservation and management
activities necessary to fulfill the Watershed-wide
strategy adopted under subsection (c)(3);
(H) to monitor environmental quality to assess
progress toward the purposes of this Act; and
(I) to improve fish and wildlife habitats, as well
as opportunities for personal recreation, along rivers
and shore fronts within communities experiencing
environmental injustice; and
(3) carrying out restoration and protection activities
necessary, as determined by the Secretary, for the
implementation of approved plans.
(c) Duties.--In carrying out the program, the Secretary shall--
(1) draw on existing and new approved plans for the
Watershed, or portions of the Watershed;
(2) work in consultation with applicable management
entities, including representatives of the New York-New Jersey
Harbor and Estuary Program (HEP), the Hudson River Estuary
Program, the Mohawk River Basin Program, the Sustainable
Raritan River Initiative, the Federal Government, other State
and local governments, and regional and nonprofit
organizations, including environmental justice organizations,
as appropriate, to identify, prioritize, and implement
restoration and protection activities within the Watershed; and
(3) adopt a Watershed-wide strategy that--
(A) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with paragraph (2);
(B) targets cost-effective projects with measurable
results;
(C) maximizes conservation outcomes;
(D) prioritizes the needs of communities
experiencing environmental injustice; and
(E) implements the grant program.
(d) Consultation.--In establishing the program, the Secretary shall
consult with, as appropriate--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Secretary of Agriculture;
(D) the Director of the National Park Service; and
(E) the heads of such other Federal agencies as the
Secretary determines to be appropriate;
(2) the Governor of New York;
(3) the Governor of New Jersey;
(4) the Commissioner of the New York State Department of
Environmental Conservation;
(5) the Director of the New Jersey Division of Fish and
Wildlife;
(6) the New York-New Jersey Harbor & Estuary Program; and
(7) other public agencies, Indian Tribes, and organizations
with authority for the planning and implementation of
conservation strategies in the Watershed, as determined
appropriate by the Secretary.
SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a voluntary grant
and technical assistance program, to be known as the ``New York-New
Jersey Watershed Restoration Grant Program'', to provide competitive
matching grants to State, Tribal, and local governments, nonprofit
organizations, institutions of higher education, and other eligible
entities, as determined by the Secretary, to carry out the coordinated
restoration and protection activities described in section 3(b)(2).
(b) Criteria.--The Secretary, in consultation with the individuals
and entities referred to in section 3(d), shall develop criteria for
the grant program to ensure that activities funded under the grant
program--
(1) accomplish 1 or more of the purposes identified in
section 3(b)(2); and
(2) advance the implementation of priority actions or needs
identified in the Watershed-wide strategy adopted under section
3(c)(3).
(c) Capacity Building.--In carrying out the grant program, the
Secretary shall seek to increase the effectiveness of organizations
that carry out restoration and protection activities described in
section 3(b)(2) within the Watershed by addressing organizational
capacity needs.
(d) Cost-Share.--
(1) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the total cost of a
restoration and protection activity carried out under
the grant program shall be not more than 50 percent, as
determined by the Secretary.
(B) Small, rural, and disadvantaged communities.--
(i) In general.--Subject to clause (ii) the
Federal share of the total cost of a
restoration and protection activity carried out
under the grant program that serves a small,
rural, or disadvantaged community shall be 90
percent, as determined by the Secretary.
(ii) Waiver.--The Secretary may increase
the Federal share under clause (i) to 100
percent of the total cost of the restoration
and protection activity if the Secretary
determines that the grant recipient is unable
to pay, or would experience significant
financial hardship if required to pay, the non-
Federal share.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the total
cost of a restoration and protection activity carried
out under the grant program shall be not more than 50
percent, as determined by the Secretary.
(B) Form of payment.--The non-Federal share
described in subparagraph (A) may be provided--
(i) in cash; or
(ii) in the form of an in-kind contribution
of services or materials.
(e) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with--
(A) the Foundation; or
(B) a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the Foundation or similar organization
selected, as applicable, shall--
(A) receive the amounts made available to carry out
the grant program under section 7 for each applicable
fiscal year in an advance payment of the entire amount
on October 1 of that fiscal year, or as soon as
practicable thereafter;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) administer the grant program to support
partnerships between the public and private sectors in
accordance with this Act.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any amounts
received by the Foundation under this section shall be subject
to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act
(16 U.S.C. 3709(a)).
SEC. 5. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act,
and annually thereafter, the Secretary shall submit to Congress a
report on the implementation of this Act, including a description of
each activity that has received funding under this Act in the preceding
fiscal year.
SEC. 6. PROHIBITION ON FEDERAL LAND HOLDINGS.
The Federal Government may not maintain ownership of any land
acquired under this Act except for the purpose of promptly transferring
ownership to an entity described in section 4(a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $20,000,000 for each of fiscal years
2024 through 2029, of which not more than 5 percent shall be used for
administrative costs of carrying out this Act.
(b) Grant Program.--Of the amounts made available to carry out this
Act for each fiscal year, the Secretary shall use not less than 75
percent to carry out the grant program, including for technical
assistance relating to the grant program.
(c) Supplement, Not Supplant.--Amounts made available to carry out
this Act for each fiscal year shall supplement, and not supplant,
funding for other activities conducted by the Secretary in the
Watershed.
SEC. 8. SUNSET.
This Act shall cease to have force or effect on October 1, 2030.
<all>
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118S1336 | Closing the Meal Gap Act of 2023 | [
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"B00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1336 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1336
To amend the Food and Nutrition Act of 2008 to require that
supplemental nutrition assistance program benefits be calculated using
the value of the low-cost food plan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Gillibrand (for herself, Mr. Markey, Mr. Welch, Ms. Warren, Mr.
Booker, Mr. Brown, Mr. Sanders, and Mr. Fetterman) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to require that
supplemental nutrition assistance program benefits be calculated using
the value of the low-cost food plan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing the Meal Gap Act of 2023''.
SEC. 2. CALCULATION OF PROGRAM BENEFITS USING LOW-COST FOOD PLAN.
(a) Definition of Low-Cost Food Plan.--Section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012) is amended--
(1) by striking subsection (u);
(2) by redesignating subsections (n) through (t) as
subsections (o) through (u), respectively; and
(3) by inserting after subsection (m) the following:
``(n) Low-Cost Food Plan.--
``(1) In general.--The term `low-cost food plan' means the
diet, determined in accordance with the calculations of the
Secretary, required to feed a 4-person family that consists
of--
``(A) a man and a woman who are each between 19 and
50 years of age;
``(B) a child who is between 6 and 8 years of age;
and
``(C) a child who is between 9 and 11 years of age.
``(2) Reevaluation.--By December 31, 2029, and at 5-year
intervals thereafter, the Secretary shall reevaluate and
publish the market baskets of the low-cost food plan, based on
current food prices, food composition data, consumption
patterns, and dietary guidance.
``(3) Cost.--For purposes of paragraph (1), the cost of the
diet described in that paragraph shall be the basis for uniform
allotments for all households regardless of the actual
composition of the household, except that the Secretary shall--
``(A) make household-size adjustments (based on the
unrounded cost of that diet) taking into account
economies of scale;
``(B) make cost adjustments in the low-cost food
plan for the State of Hawaii and the urban and rural
parts of the State of Alaska to reflect the cost of
food in Hawaii and urban and rural Alaska,
respectively; and
``(C) on October 1, 2023, and each October 1
thereafter, adjust the cost of the diet to reflect the
cost of the diet in the immediately preceding June, and
round the result to the nearest lower-dollar increment
for each household size.''.
(b) Value of Allotment.--Section 8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) is amended--
(1) by striking ``thrifty food plan'' each place it appears
and inserting ``low-cost food plan''; and
(2) in the proviso, by striking ``8 percent'' and inserting
``10 percent''.
(c) Quality Control System.--Section 16(c)(1)(A)(ii) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(A)(ii)) is amended--
(1) in subclause (II)--
(A) by striking ``thrifty food plan is adjusted
under section 3(u)(4)'' and inserting ``low-cost food
plan is adjusted under section 3(n)(3)(D)''; and
(B) by striking ``2013'' and inserting ``2023'';
(2) by redesignating subclause (II) as subclause (III); and
(3) by striking subclause (I) and inserting the following:
``(I) for fiscal year 2023, at an
amount not greater than $50;
``(II) for fiscal year 2024, the
amount specified in subclause (I)
adjusted by the difference between the
thrifty food plan (as defined in
section 3 (as in effect on the day
before the date of enactment of the
Closing the Meal Gap Act of 2023)) and
the low-cost food plan; and''.
(d) Conforming Amendments.--
(1) Section 10 of the Food and Nutrition Act of 2008 (7
U.S.C. 2019) is amended, in the first sentence, by striking
``3(o)(4)'' and inserting ``3(p)(4)''.
(2) Section 11 of the Food and Nutrition Act of 2008 (7
U.S.C. 2020) is amended--
(A) in subsection (a)(2), by striking ``3(s)(1)''
and inserting ``3(t)(1)'';
(B) in subsection (d)--
(i) by striking ``3(s)(1)'' each place it
appears and inserting ``3(t)(1)'';
(ii) by striking ``3(s)(2)'' each place it
appears and inserting ``3(t)(2)''; and
(iii) by striking ``Act (25 U.S.C. 450)''
and inserting ``and Education Assistance Act
(25 U.S.C. 3501 et seq.)''; and
(C) in subsection (e)(17), by striking ``3(s)(1)''
and inserting ``3(t)(1)''.
(3) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking
``thrifty food plan has been adjusted under section 3(u)(4)''
and inserting ``low-cost food plan has been adjusted under
section 3(n)(3)(D)''.
(4) Section 27(a)(2) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)(2)) is amended--
(A) in subparagraph (C), by inserting ``(as in
effect on the day before the date of enactment of the
Closing the Meal Gap Act of 2023)'' after ``section
3(u)(4)'';
(B) in subparagraph (D)(ix), by striking ``and'' at
the end;
(C) by redesignating subparagraph (E) as
subparagraph (F);
(D) by inserting after subparagraph (D) the
following:
``(E) for fiscal year 2023, the sum obtained by
adding--
``(i) the dollar amount of commodities
specified in subparagraph (B) adjusted by the
percentage by which the low-cost food plan has
been adjusted under section 3(u)(4) between
June 30, 2021, and June 30 of the immediately
preceding fiscal year; and
``(ii) $35,000,000; and''; and
(E) in subparagraph (F) (as so redesignated), by
striking ``subparagraph (D)(ix) adjusted by the
percentage by which the thrifty food plan has been
adjusted under section 3(u)(4)'' and inserting
``subparagraph (F) adjusted by the percentage by which
the low-cost food plan has been adjusted under section
3(n)(3)(D)''.
(5) Section 408(a)(12)(B)(i) of the Social Security Act (42
U.S.C. 608(a)(12)(B)(i)) is amended by striking ``(r)'' each
place it appears.
SEC. 3. DEDUCTIONS FROM INCOME.
(a) Standard Medical Expense Deduction.--Section 5(e)(5) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
(1) in the paragraph heading, by striking ``Excess
medical'' and inserting ``Medical'';
(2) in subparagraph (A), by striking ``an excess medical''
and all that follows through the period at the end and
inserting ``a standard medical deduction or a medical expense
deduction of actual costs for the allowable medical expenses
incurred by the elderly or disabled member, exclusive of
special diets.'';
(3) in subparagraph (B)(i), by striking ``excess''; and
(4) by adding at the end the following:
``(D) Standard medical expense deduction amount.--
``(i) In general.--Except as provided in
clause (ii), the standard medical expense
deduction shall be--
``(I) for fiscal year 2023, $140;
and
``(II) for each subsequent fiscal
year, equal to the applicable amount
for the immediately preceding fiscal
year as adjusted to reflect changes for
the 12-month period ending the
preceding June 30 in the Consumer Price
Index for All Urban Consumers: Medical
Care published by the Bureau of Labor
Statistics of the Department of Labor.
``(ii) Exception.--For any fiscal year, a
State agency may establish a greater standard
medical expense deduction than described in
clause (i) if the greater deduction satisfies
cost neutrality standards established by the
Secretary for that fiscal year.''.
(b) Elimination of Cap of Excess Shelter Expenses.--
(1) In general.--Section 5(e)(6) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(e)(6)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(2) Conforming amendment.--Section 2605(f)(2)(A) of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(f)(2)(A)) is amended by striking ``5(e)(6)(C)(iv)(I) of
that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I))'' and inserting
``5(e)(6)(B)(iv)(I) of that Act (7 U.S.C.
2014(e)(6)(B)(iv)(I))''.
SEC. 4. ELIMINATION OF TIME LIMIT.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended--
(1) by striking subsection (o); and
(2) by redesignating subsections (p) through (s) as
subsections (o) through (r), respectively.
(b) Conforming Amendments.--
(1) Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended, in the second sentence, by striking
``(r)'' and inserting ``(q)''.
(2) Section 6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)) is amended--
(A) in subparagraph (B)(ii)(I)(bb)(DD), by striking
``or subsection (o)''; and
(B) in subparagraph (N), by striking ``or
subsection (o)'' each place it appears.
(3) Section 7(i)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(i)(1)) is amended by striking ``section 6(o)(2)
of this Act or''.
(4) Section 16(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(h)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), in the matter
preceding clause (i), by striking ``that--''
and all that follows through the period at the
end of clause (ii) and inserting ``that is
determined and adjusted by the Secretary.'';
(ii) by striking subparagraph (E);
(iii) by redesignating subparagraph (F) as
subparagraph (E); and
(iv) in clause (ii)(III)(ee)(AA) of
subparagraph (E) (as so redesignated), by
striking ``, individuals subject to the
requirements under section 6(o),''; and
(B) in paragraph (5)(C)--
(i) in clause (ii), by adding ``and'' at
the end;
(ii) in clause (iii), by striking ``; and''
and inserting a period; and
(iii) by striking clause (iv).
(5) Section 51(d)(8)(A)(ii) of the Internal Revenue Code of
1986 is amended--
(A) in subclause (I), by striking ``, or'' at the
end and inserting a period;
(B) in the matter preceding subclause (I), by
striking ``family--'' and all that follows through
``receiving'' in subclause (I) and inserting ``family
receiving''; and
(C) by striking subclause (II).
(6) Section 103(a)(2) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113) is amended--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (K)
as subparagraphs (D) through (J), respectively.
(7) Section 121(b)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3151) is amended--
(A) by striking clause (iv); and
(B) by redesignating clauses (v) through (vii) as
clauses (iv) through (vi), respectively.
SEC. 5. INCLUSION OF PUERTO RICO IN THE SUPPLEMENTAL NUTRITIONAL
ASSISTANCE PROGRAM.
(a) Definitions.--Section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012) is amended--
(1) in subsection (r), by inserting ``the Commonwealth of
Puerto Rico,'' after ``Guam,''; and
(2) in subsection (u)(3), by inserting ``the Commonwealth
of Puerto Rico,'' after ``Guam,''.
(b) Eligible Households.--Section 5 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (b), in the first sentence, by inserting
``the Commonwealth of Puerto Rico,'' after ``Guam,'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and Guam,'' and
inserting ``Guam, and the Commonwealth of Puerto
Rico,''; and
(B) in the undesignated matter at the end, by
striking ``States or Guam'' and inserting ``States,
Guam, or the Commonwealth of Puerto Rico''; and
(3) in subsection (e)--
(A) in paragraph (1)(A), by inserting ``the
Commonwealth of Puerto Rico,'' after ``Hawaii,'' each
place it appears; and
(B) in paragraph (6)(B), in the matter preceding
clause (i), by inserting ``the Commonwealth of Puerto
Rico,'' after ``Guam,''.
(c) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall be effective with respect to the Commonwealth of
Puerto Rico on the date described in paragraph (2) if the
Secretary of Agriculture submits to Congress a certification
under subsection (f)(2)(C) of section 19 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028).
(2) Date described.--The date referred to in paragraph (1)
is the date established by the Commonwealth of Puerto Rico in
the applicable plan of operation submitted to the Secretary of
Agriculture under subsection (f)(1) of section 19 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2028).
(d) Transition of Puerto Rico to Supplemental Nutrition Assistance
Program.--Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C.
2028) is amended by adding at the end the following:
``(f) Transition of Puerto Rico to Supplemental Nutrition
Assistance Program.--
``(1) Request for participation.--The Commonwealth of
Puerto Rico may submit to the Secretary a request to
participate in the supplemental nutrition assistance program,
which shall include a plan of operation described in section
11(d), which shall include the date on which the Commonwealth
of Puerto Rico intends to begin participation in the program.
``(2) Certification by secretary.--
``(A) In general.--On submission of a request by
the Commonwealth of Puerto Rico under paragraph (1),
the Secretary shall certify the Commonwealth of Puerto
Rico as qualified to participate in the supplemental
nutrition assistance program if the Secretary--
``(i) approves the plan of operation
submitted with the request, in accordance with
this subsection; and
``(ii) approves the applications described
in paragraph (4) in accordance with that
paragraph.
``(B) Certification decision.--The Secretary shall
certify or not certify the request of the Commonwealth
of Puerto Rico under paragraph (1) not later than 90
days after the date on which the Secretary receives the
request.
``(C) Submission of certification to congress.--The
Secretary shall submit a certification under
subparagraph (A) to Congress.
``(3) Determination of plan of operation.--
``(A) Approval.--The Secretary shall approve a plan
of operation submitted with a request under paragraph
(1) if the plan satisfies the requirements under this
Act.
``(B) Disapproval.--If the Secretary does not
approve a plan of operation submitted with a request
under paragraph (1), the Secretary shall provide a
statement that describes each requirement under this
Act that is not satisfied by the plan.
``(4) Approval of retail food stores.--If the Secretary
approves a plan of operation under paragraph (3)(A) for the
Commonwealth of Puerto Rico, the Secretary shall accept
applications from retail food stores located in the
Commonwealth of Puerto Rico to be authorized under section 9 to
participate in the supplemental nutrition assistance program.
``(5) Family market program.--Notwithstanding subsection
(g), the Secretary shall allow the Commonwealth of Puerto Rico
to continue to carry out under the supplemental nutrition
assistance program the Family Market Program established
pursuant to this section.
``(6) Temporary funding.--If the Commonwealth of Puerto
Rico has a request under paragraph (1) pending before the
Secretary (including a plan of operation pending under
paragraph (3)), the Commonwealth of Puerto Rico shall receive
block grants under this section, in amounts determined by the
Secretary, until the date on which the Secretary certifies the
Commonwealth of Puerto Rico under paragraph (2)(B).
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection for fiscal year 2023, to
remain available until expended.
``(g) Technical Infrastructure Implementation.--
``(1) In general.--The Commonwealth of Puerto Rico may
request from the Secretary a 1-time grant to pay for the cost
of the technology infrastructure necessary to implement the
supplemental nutrition assistance program, including the cost
of information technology, information technology personnel,
and training relating to program implementation.
``(2) Application.--In making a request under paragraph
(1), the Commonwealth of Puerto Rico shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including--
``(A) a description of the costs to be paid for by
the grant; and
``(B) a plan for implementing the technology
infrastructure described in paragraph (1)--
``(i) within 1 year of receiving the grant;
and
``(ii) that is reasonably cost efficient,
as determined by the Secretary.
``(3) Determination.--
``(A) Time limit.--The Secretary shall approve or
deny an application submitted under paragraph (2) not
later than 90 days after the date on which the
application is submitted.
``(B) Denial.--If the Secretary denies an
application submitted under paragraph (2), the
Commonwealth of Puerto Rico may amend the plan
described in subparagraph (B) of that paragraph, in
coordination with the Secretary, to resubmit to the
Secretary for approval.
``(4) Funding.--
``(A) In general.--There is appropriated to the
Secretary, out of funds in the Treasury not otherwise
appropriated, $112,500,000 to carry out this
subsection, to remain available until 3 years after the
date of enactment of this subsection.
``(B) Reversion of funds.--Any funds appropriated
to the Secretary under subparagraph (A) that remain
available by the date described in that subparagraph
shall revert to the Treasury.
``(h) Termination of Effectiveness.--
``(1) In general.--Subsections (a) through (e) shall cease
to be effective with respect to the Commonwealth of Puerto Rico
on the date described in paragraph (2) if the Secretary submits
to Congress a certification under subsection (f)(2)(C) for the
Commonwealth of Puerto Rico.
``(2) Date described.--The date referred to in paragraph
(1) is the date established by the Commonwealth of Puerto Rico
in the applicable plan of operation submitted to the Secretary
under subsection (f)(1).''.
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118S1337 | Increase Reliable Services Now Act | [
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
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] | <p> <strong>Increase Reliable Services Now Act </strong></p> <p>This bill imposes limits on Internal Revenue Service (IRS) enforcement activities and hiring. </p> <p>The bill prohibits the IRS from hiring any person for enforcement activities until the end of a period in which the IRS has maintained for 6 consecutive months a level of access for phone lines of not less than 90%, and an average speed of answering calls in 4 minutes or less. The bill also requires that not less than 90% of regular IRS employees perform work in person at their job sites. </p> <p>The bill prohibits the IRS from auditing taxpayers with taxable incomes below $400,000 at a greater rate than before the enactment of this bill. </p> <p>Further, the IRS may not hire additional personnel (other than for return processing activities and call center operations) until its tax return processing backlog is not in excess of 5 million cases and it issues tax refunds within 6 weeks or less after receipt of a tax return.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1337 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1337
To temporarily prohibit the hiring of additional Internal Revenue
Service employees until a certain level of taxpayer services have
improved, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Thune (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To temporarily prohibit the hiring of additional Internal Revenue
Service employees until a certain level of taxpayer services have
improved, and for other 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 ``Increase Reliable Services Now
Act''.
SEC. 2. TEMPORARY PROHIBITION ON ADDITIONAL TAX ENFORCEMENT PERSONNEL.
(a) In General.--Notwithstanding any other provisions of law, the
Internal Revenue Service may not hire any person for the purpose of
conducting enforcement activities during the period beginning on the
date of the enactment of this Act and ending on the first date after
such date on which--
(1) the Internal Revenue Service has maintained, for 6
consecutive months--
(A) a level of access for accounts management phone
lines of not less than 90 percent; and
(B) an average speed of answering enterprise-wide
calls in 4 minutes or less; and
(2) not less than 90 percent of the regular employees of
the Internal Revenue Service perform work in person at their
job sites.
(b) Definitions.--For purposes of this section--
(1) Enforcement activities.--The term ``enforcement
activities'' means activities described in section
10301(a)(1)(A)(ii) of Public Law 117-169.
(2) Level of access.--The term ``level of access'' means a
telephone performance measure that reflects overall taxpayer
call demand and Internal Revenue Service assistance and is
calculated by dividing--
(A) the sum of assistor calls answered and the
automated calls answered; by
(B) the total dialed number attempts (not including
any dialed number attempts after hours).
SEC. 3. PROHIBITION ON USE OF ADDITIONAL INTERNAL REVENUE SERVICE FUNDS
FOR TAXPAYER AUDITS.
Section 10301(a)(1)(A)(ii) of Public Law 117-169 is amended by
inserting before the period at the end the following: ``: Provided
further, That the Internal Revenue Service shall not audit taxpayers
with taxable incomes below $400,000 at a greater rate than such
taxpayers were audited for the most recent taxable year beginning
before the date of the enactment of this Act''.
SEC. 4. TEMPORARY PROHIBITION ON INTERNAL REVENUE SERVICE HIRING.
(a) In General.--Notwithstanding any other provisions of law, the
Internal Revenue Service may not hire any person (other than for
activities related to return processing and call center operations)
during the period beginning on the date of the enactment of this Act
and ending on the first date after such date on which the Internal
Revenue Service meets the requirements of subsection (b).
(b) Requirements.--The requirements specified in this subsection
are the following:
(1) With respect to the completion of processing original
and amended tax returns, the completion of processing suspended
tax returns, and the resolution of accounts management cases,
the Internal Revenue Service has an aggregate inventory not in
excess of 5,000,000 items as of the close of any calendar
quarter.
(2) With respect to tax returns eligible for a refund,
refunds are issued to taxpayers on average within six weeks or
less of the receipt of the return.
SEC. 5. REPORTS.
(a) In General.--Not later than 7 days after the last day of each
calendar quarter beginning during the applicable period, the
Commissioner of Internal Revenue, in consultation with the Treasury
Inspector General for Tax Administration, shall submit to the
appropriate Congressional committees report on--
(1) the level of access for accounts management phone lines
for each month during such calendar quarter;
(2) the average speed of answering enterprise-wide calls
for each month during such calendar quarter;
(3) the percentage of regular employees of the Internal
Revenue Service that perform work in person at their job sites
during such calendar quarter;
(4) the aggregate inventory of unprocessed original and
amended tax returns, unprocessed suspended tax returns, and
unresolved accounts management cases as of the last day of the
calendar quarter; and
(5) with respect to tax returns eligible for a refund, the
average length of time between receipt of a tax return and the
issuance of a refund.
(b) Applicable Period.--For purposes of this section, the term
``applicable period'' means the period beginning with the first
calendar quarter beginning after the date of the enactment of this Act
and ending with the first calendar quarter in which the Internal
Revenue Service--
(1) has met the requirements under paragraphs (1) and (2)
of section 2(a); and
(2) has met the requirements of section 4(b).
(c) Appropriate Congressional Committees.--For purposes of this
section, the term ``appropriate Congressional committees'' means--
(1) the Committee on Finance of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Ways and Means of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
<all>
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118S1338 | Electronic Communication Uniformity Act | [
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
]
] | <p><strong>Electronic Communication Uniformity Act </strong></p> <p>This bill applies the mailbox rule to documents and payments electronically submitted to the Internal Revenue Service (IRS). Specifically, it provides that such documents and payments shall be deemed filed or made on the date on which they are sent electronically, regardless of the date on which the IRS actually receives or reviews them.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1338 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1338
To amend the Internal Revenue Code of 1986 to apply the mailbox rule to
documents and payments electronically submitted to the Internal Revenue
Service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Blackburn (for herself and Ms. Cortez Masto) 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 apply the mailbox rule to
documents and payments electronically submitted to the Internal Revenue
Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Communication Uniformity
Act''.
SEC. 2. APPLICATION OF MAILBOX RULE TO DOCUMENTS AND PAYMENTS
ELECTRONICALLY SUBMITTED TO THE INTERNAL REVENUE SERVICE.
(a) In General.--Section 7502(c) of the Internal Revenue Code of
1986 is amended--
(1) in the heading, by inserting ``and Payment'' after
``Filing'',
(2) in paragraph (2)--
(A) in the heading, by striking ``; electronic
filing'', and
(B) by striking ``and electronic filing'', and
(3) by adding at the end the following:
``(3) Electronic filing and payment.--
``(A) In general.--If any return, claim, statement,
or other document required to be filed, or any payment
required to be made, within a prescribed period or on
or before a prescribed date under authority of any
provision of the internal revenue laws is sent
electronically by any person to the agency, officer, or
office with which such return, claim, statement, or
other document is required to be filed, or to which
such payment is required to be made, the date on which
such return, claim, statement, or other document, or
payment, is sent electronically by such person shall be
deemed to be the date of delivery or the date of
payment, as the case may be, regardless of the date on
which the applicable agency, officer, or office
receives or reviews such return, claim, statement,
document, or payment.
``(B) Regulations.--Not later than December 31,
2024, the Secretary shall issue such regulations or
other guidance as the Secretary determines necessary to
carry out the purposes of this paragraph.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any document or payment sent after December 31, 2024.
<all>
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118S1339 | Pharmacy Benefit Manager Reform Act | [
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"sponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"cosponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"B001310",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1339 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1339
To provide for increased oversight of entities that provide pharmacy
benefit management services on behalf of group health plans and health
insurance coverage.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Sanders (for himself, Mr. Cassidy, Mrs. Murray, and Mr. Marshall)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for increased oversight of entities that provide pharmacy
benefit management services on behalf of group health plans and health
insurance coverage.
Be it enacted by the Senate 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 Reform
Act''.
SEC. 2. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT MANAGEMENT
SERVICES.
(a) PHSA.--Title XXVII of the Public Health Service Act (42 U.S.C.
300gg et seq.) is amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-11. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after January 1,
2025, a group health plan or health insurance issuer offering group
health insurance coverage or an entity providing pharmacy benefit
management services on behalf of such a plan or issuer shall not enter
into a contract with an applicable entity that limits the disclosure of
information to plan sponsors in such a manner that prevents the plan or
issuer, or an entity providing pharmacy benefit management services on
behalf of a plan or issuer, from making the reports described in
subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, an entity
providing pharmacy benefit management services on behalf of a
covered group health plan shall submit to the plan sponsor of
such covered group health plan a report in accordance with this
subsection and make such report available to the plan sponsor
in a machine-readable format and, as the Secretary, the
Secretary of Labor, and the Secretary of the Treasury may
determine, other formats. Each such report shall include, with
respect to the covered group health plan--
``(A) as applicable, information collected from
drug manufacturers by such issuer or entity on the
total amount of copayment assistance dollars paid, or
copayment cards applied, that were funded by the drug
manufacturer with respect to the participants and
beneficiaries in such plan;
``(B) a list of each drug covered by such plan or
entity providing pharmacy benefit management services
that was billed during the reporting period, including,
with respect to each such drug during the reporting
period--
``(i) the brand name, generic or
nonproprietary name, and National Drug Code;
``(ii) the number of participants and
beneficiaries for whom the drug was billed
during the reporting period, the total number
of prescription claims for the drug (including
original prescriptions and refills), and the
total number of dosage units of the drug
dispensed across the reporting period;
``(iii) for each claim or dosage unit
described in clause (ii), the type of
dispensing channel used, such as retail, mail
order, or specialty pharmacy;
``(iv) the wholesale acquisition cost,
listed as cost per days supply, cost per dosage
unit, and cost per typical course of treatment
(as applicable);
``(v) the total out-of-pocket spending by
participants and beneficiaries on such drug
after application of any benefits under the
plan or coverage, including participant and
beneficiary spending through copayments,
coinsurance, and deductibles, but not including
any amounts spent by participants and
beneficiaries on drugs not covered under the
plan or coverage or for which no claim is
submitted to the plan or coverage; and
``(vi) for any drug for which gross
spending by the plan exceeded $10,000 and that
is one of the 50 prescription drugs for which
the group health plan spent the most on
prescription drug benefits during the reporting
period--
``(I) a list of all other drugs in
the same therapeutic class, including
brand name drugs and biological
products and generic drugs or
biosimilar biological products that are
in the same therapeutic class as such
drug; and
``(II) if applicable, the rationale
for preferred formulary placement of
such drug in that therapeutic class,
selected from a list of standard
rationales established by the
Secretary;
``(C) a list of each therapeutic class of drugs
that were dispensed under the health plan during the
reporting period, and, with respect to each such
therapeutic class of drugs, during the reporting
period--
``(i) total gross spending by the plan,
before rebates, fees, alternative discounts, or
other remuneration;
``(ii) the number of participants and
beneficiaries who filled a prescription for a
drug in that class;
``(iii) if applicable to that class, a
description of the formulary tiers and
utilization management mechanisms (such as
prior authorization or step therapy) employed
for drugs in that class;
``(iv) the total out-of-pocket spending by
participants and beneficiaries, including
participant and beneficiary spending through
copayments, coinsurance, and deductibles; and
``(v) for each therapeutic class under
which 3 or more drugs are included on the
formulary of such plan--
``(I) the amount received, or
expected to be received, by such
entity, from an applicable entity, in
rebates, fees, alternative discounts,
or other remuneration that--
``(aa) has been paid, or
will be paid, by such an
applicable entity for claims
incurred during the reporting
period; or
``(bb) is related to
utilization of drugs or drug
spending;
``(II) the total net spending by
the health plan on that class of drugs;
and
``(III) the net price per typical
course of treatment or 30-day supply
incurred by the health plan and its
participants and beneficiaries, after
rebates, fees, alternative discounts,
or other remuneration provided by an
applicable entity, for drugs dispensed
within such therapeutic class during
the reporting period;
``(D) total gross spending on prescription drugs by
the plan during the reporting period, before rebates,
fees, alternative discounts, or other remuneration
provided by an applicable entity;
``(E) the total amount received, or expected to be
received, by the health plan, from an applicable
entity, in rebates, fees, alternative discounts, and
other remuneration received from any such entities,
related to utilization of drug or drug spending under
that health plan during the reporting period;
``(F) the total net spending on prescription drugs
by the health plan during the reporting period;
``(G) amounts paid directly or indirectly in
rebates, fees, or any other type of compensation (as
defined in section 408(b)(2)(B)(ii)(dd)(AA) of the
Employee Retirement Income Security Act of 1974) to
brokers, consultants, advisors, or any other individual
or firm who referred the group health plan's business
to the pharmacy benefit manager; and
``(H) a summary document that includes such
information described in subparagraphs (A) through (G)
as the Secretary determines useful for plan sponsors
for purposes of selecting pharmacy benefit management
services, such as an estimated net price to plan
sponsor and participant or beneficiary, a cost per
claim, the fee structure or reimbursement model, and
estimated cost per participant or beneficiary.
``(2) Supplementary reporting for intra-company
prescription drug transactions.--
``(A) In general.--A health insurance issuer
offering covered group health insurance coverage or an
entity providing pharmacy benefit management services
under a covered group health plan or covered group
health insurance coverage shall submit, together with
the report under paragraph (1), a supplementary report
every 6 months to the plan sponsor that includes--
``(i) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in the plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are wholly
or partially-owned by that issuer or entity
providing pharmacy benefit management services
under such plan or coverage, including
mandatory mail and specialty home delivery
programs, retail and mail auto-refill programs,
and copayment incentives funded by an entity
providing pharmacy benefit management services;
``(ii) the percentage of total
prescriptions charged to the plan, coverage, or
participants and beneficiaries in the plan or
coverage, that were dispensed by mail order,
specialty, or retail pharmacies that are wholly
or partially-owned by the issuer or entity
providing pharmacy benefit management services;
and
``(iii) a list of all drugs dispensed by
such wholly or partially-owned pharmacy and
charged to the plan or coverage, or
participants and beneficiaries of the plan or
coverage, during the applicable quarter, and,
with respect to each drug--
``(I) the amounts charged, per
dosage unit, per course of treatment,
per 30-day supply, and per 90-day
supply, with respect to participants
and beneficiaries in the plan or
coverage, including amounts charged to
the plan or coverage and amounts
charged to the participants and
beneficiaries;
``(II) the median amount charged to
the plan or coverage, per dosage unit,
per course of treatment, per 30-day
supply, and per 90-day supply,
including amounts paid by the
participants and beneficiaries, when
the same drug is dispensed by other
pharmacies that are not wholly or
partially-owned by the issuer or entity
and that are included in the pharmacy
network of that plan or coverage;
``(III) the interquartile range of
the costs, per dosage unit, per course
of treatment, per 30-day supply, and
per 90-day supply, including amounts
paid by the participants and
beneficiaries, when the same drug is
dispensed by other pharmacies that are
not wholly or partially-owned by the
issuer or entity and that are included
in the pharmacy network of that plan or
coverage;
``(IV) the lowest cost, per dosage
unit, per course of treatment, per 30-
day supply, and per 90-day supply, for
such drug, including amounts charged to
the plan or issuer and participants and
beneficiaries, that is available from
any pharmacy included in the network of
the plan or coverage;
``(V) the net acquisition cost per
dosage unit and for a 30 day-supply,
and the acquisition cost per typical
course of treatment, if the drug is
subject to a maximum price discount;
and
``(VI) other information with
respect to the cost of the drug, as
determined by the Secretary, such as
average sales price, wholesale
acquisition cost, and national average
drug acquisition cost per dosage unit,
per typical course of treatment, or per
30-day supply, for such drug, including
amounts charged to the plan or issuer
and participants and beneficiaries
among all pharmacies included in the
network of the plan or coverage.
``(B) Plans and coverage offered by small
employers.--A health insurance issuer offering covered
group health insurance coverage that is not covered
group health insurance coverage or an entity providing
pharmacy benefit management services under a group
health plan that is not a covered group health plan or
under group health insurance coverage that is not
covered group health insurance coverage that conducts
transactions with a wholly or partially-owned pharmacy
shall submit, together with the report under paragraph
(1), a supplementary report every 6 months to the plan
sponsor that includes the information described in
clauses (i) and (ii) of subparagraph (A).
``(3) Privacy requirements.--
``(A) Relationship to hipaa regulations.--Nothing
in this section shall be construed to modify the
requirements for the creation, receipt, maintenance, or
transmission of protected health information under the
privacy, security, breach notification, and enforcement
regulations in parts 160 and 164 of title 45, Code of
Federal Regulations (or successor regulations).
``(B) Requirement.--A report submitted under
paragraph (1) or (2) shall contain only summary health
information, as defined in section 164.504(a) of title
45, Code of Federal Regulations (or successor
regulations).
``(C) Clarification regarding certain disclosures
of information.--
``(i) Reasonable restrictions.--Nothing in
this section prevents a health insurance issuer
offering group health insurance coverage or an
entity providing pharmacy benefit management
services on behalf of a group health plan or
group health insurance coverage from placing
reasonable restrictions on the public
disclosure of the information contained in a
report under paragraph (1) or (2).
``(ii) Limitations.--A health insurance
issuer offering group health insurance coverage
or an entity providing pharmacy benefit
management services on behalf of a group health
plan or group health insurance coverage may not
restrict disclosure of such reports to the
Department of Health and Human Services, the
Department of Labor, the Department of the
Treasury, or any other Federal agency
responsible for enforcement activities under
this section for purposes of enforcement under
this section or other applicable law, or to the
Comptroller General of the United States in
accordance with paragraph (6).
``(4) Use and disclosure by plan sponsors.--
``(A) Prohibition.--A plan sponsor may not--
``(i) fail or refuse to hire, or discharge,
any employee, or otherwise discriminate against
any employee with respect to the compensation,
terms, conditions, or privileges of employment
of the employee, because of information
submitted under paragraph (1) or (2) attributed
to the employee or a dependent of the employee;
or
``(ii) limit, segregate, or classify the
employees of the employer in any way that would
deprive or tend to deprive any employee of
employment opportunities or otherwise adversely
affect the status of the employee as an
employee, because of information submitted
under paragraph (1) or (2) attributed to the
employee or a dependent of the employee.
``(B) Disclosure and redisclosure.--A plan sponsor
shall not disclose the information received under
paragraph (1) or (2) except--
``(i) to an occupational or other health
researcher if the research is conducted in
compliance with the regulations and protections
provided for under part 46 of title 45, Code of
Federal Regulations (or successor regulations);
``(ii) in response to an order of a court,
except that the plan sponsor may disclose only
the information expressly authorized by such
order;
``(iii) to the Department of Health and
Human Services, the Department of Labor, the
Department of the Treasury, or other Federal
agency responsible for enforcement activities
under this section; or
``(iv) to a contractor or agent for
purposes of health plan administration, if such
contractor or agent agrees, in writing, to
abide by the same use and disclosure
restrictions as the plan sponsor.
``(C) Relationship to hipaa regulations.--With
respect to the regulations promulgated by the Secretary
of Health and Human Services under part C of title XI
of the Social Security Act and section 264 of the
Health Insurance Portability and Accountability Act of
1996, subparagraph (B) does not prohibit a covered
entity (as defined for purposes of such regulations)
from any use or disclosure of health information that
is authorized for the covered entity under such
regulations. The previous sentence does not affect the
authority of such Secretary to modify such regulations.
``(D) Enforcement.--
``(i) In general.--The powers, procedures,
and remedies provided in section 207 of the
Genetic Information Nondiscrimination Act to a
person alleging a violation of title II of such
Act shall be the powers, procedures, and
remedies this subparagraph provides for any
person alleging a violation of this paragraph.
``(ii) Prohibition against retaliation.--No
person shall discriminate against any
individual because such individual has opposed
any act or practice made unlawful by this
paragraph or because such individual made a
charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or
hearing under this paragraph. The remedies and
procedures otherwise provided for under this
subparagraph shall be available to aggrieved
individuals with respect to violations of this
clause.
``(5) Additional reporting.--
``(A) Reporting with respect to group health plans
offered by small employers.--For plan years beginning
on or after January 1, 2025, not less frequently than
annually, an entity providing pharmacy benefit
management services on behalf of a group health plan
that is not a covered group health plan shall submit to
the plan sponsor of such group health plan a report in
accordance with this paragraph, and make such report
available to the plan sponsor in a machine-readable
format, and such other formats as the Secretary, the
Secretary of Health and Human Services, and the
Secretary of the Treasury may determine. Each such
report shall include, with respect to the applicable
group health plan, the information described in
subparagraphs (A), (D), (E), (F), (G), and (H) of
paragraph (1).
``(B) Opt-in for group health insurance coverage.--
``(i) In general.--A plan sponsor may, on
an annual basis, beginning with plan years
beginning on or after January 1, 2025, elect to
require a health insurance issuer offering
group health insurance coverage to submit to
such plan sponsor a report in accordance with
this subsection.
``(ii) Contents of reports.--
``(I) Covered group health
insurance coverage.--In the case of an
issuer that offers covered group health
insurance coverage, a report provided
pursuant to clause (i) shall include,
with respect to the applicable covered
group health insurance coverage, the
information required under paragraph
(1) for covered group health plans.
``(II) Other group health insurance
coverage.--In the case of an issuer
that offers group health insurance
coverage that is not covered group
health insurance, a report provided
pursuant to clause (i) shall include,
with respect to the applicable group
health insurance coverage, the
information described in subparagraphs
(A), (D), (E), (F), and (G) of
paragraph (1).
``(iii) Application.--For purposes of
reports submitted in accordance with this
subparagraph, paragraph (1) shall be applied by
substituting `group health insurance coverage'
or `health insurance issuer', as applicable,
for `group health plan', `group plan', and
`plan' where such terms appear in such
paragraph.
``(iv) Required reporting for all group
health insurance coverage.--Each health
insurance issuer of health insurance coverage
shall annually submit the information described
in paragraph (1)(H), regardless of whether the
plan sponsor made the election described in
clause (i) for the applicable year.
``(6) Submissions to gao.--A health insurance issuer
offering group health insurance coverage or an entity providing
pharmacy benefit management services on behalf of a group
health plan shall submit to the Comptroller General of the
United States each of the first 2 reports submitted to a plan
sponsor under paragraph (1) or (5) with respect to such
coverage or plan, and other such reports as requested, in
accordance with the privacy requirements under paragraph (3),
and such other information that the Comptroller General
determines necessary to carry out the study under section 2(f)
of the Pharmacy Benefit Manager Reform Act.
``(7) Standard formats.--
``(A) In general.--Not later than June 1, 2024, the
Secretary, the Secretary of Labor, and the Secretary of
the Treasury shall specify, through rulemaking,
standard formats for health insurance issuers and
entities providing pharmacy benefit management services
to submit reports required under this subsection.
``(B) Limited form of report.--The Secretary, the
Secretary of Labor, and the Secretary of the Treasury
shall define through rulemaking a limited form of the
reports under paragraphs (1) and (2) required to be
submitted to plan sponsors who also are drug
manufacturers, drug wholesalers, entities providing
pharmacy benefit management services, or other direct
participants in the drug supply chain, in order to
prevent anti-competitive behavior.
``(c) Limitations on Spread Pricing.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, a group health plan or health insurance issuer
offering group or individual health insurance coverage shall
not charge participants and beneficiaries, and an entity
providing pharmacy benefit management services under such a
plan or coverage shall not charge the plan, issuer, or
participants and beneficiaries, a price for a prescription drug
that exceeds the price paid to the pharmacy for such drug,
excluding penalties paid by the pharmacy (as described in
paragraph (2)) to such plan, issuer, or entity.
``(2) Rule of construction.--For purposes of paragraph (1),
penalties paid by pharmacies include only the following:
``(A) A penalty paid if an original claim for a
prescription drug was submitted fraudulently by the
pharmacy to the plan, issuer, or entity.
``(B) A penalty paid if the original claim payment
made by the plan, issuer, or entity to the pharmacy was
inconsistent with the reimbursement terms in any
contract between the pharmacy and the plan, issuer, or
entity.
``(C) A penalty paid if the pharmacist services
billed to the plan, issuer, or entity were not rendered
by the pharmacy.
``(d) Full Rebate Pass-Through to Plan.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, a third-party administrator of a group health
plan, a health insurance issuer offering group health insurance
coverage, or an entity providing pharmacy benefit management
services under such health plan or health insurance coverage
shall--
``(A) remit 100 percent of rebates, fees,
alternative discounts, and other remuneration received
from any applicable entity that are related to
utilization of drugs under such health plan or health
insurance coverage, to the group health plan; and
``(B) ensure that any contract entered into by such
third-party administrator, health insurance issuer, or
entity providing pharmacy benefit management services
with an applicable entity remit 100 percent of rebates,
fees, alternative discounts, and other remuneration
received to the third-party administrator, health
insurance issuer, or entity providing pharmacy benefit
management services.
``(2) Form and manner of remittance.--Such rebates, fees,
alternative discounts, and other remuneration shall be--
``(A) remitted to the group health plan or group
health insurance coverage in a timely fashion after the
period for which such rebates, fees, alternative
discounts, or other remuneration is calculated, and in
no case later than 90 days after the end of such
period;
``(B) fully disclosed and enumerated to the group
health plan sponsor, as described in paragraphs (1) and
(4) of subsection (b);
``(C) available for audit by the plan sponsor, or a
third-party designated by a plan sponsor not less than
once per plan year; and
``(D) returned to the issuer or entity providing
pharmaceutical benefit management services by the group
health plan if audits by such issuer or entity indicate
that the amounts received are incorrect after such
amounts have been paid to the group health plan.
``(3) Audit of rebate contracts.--A third-party
administrator of a group health plan, a health insurance issuer
offering group health insurance coverage, or an entity
providing pharmacy benefit management services under such
health plan or health insurance coverage shall make rebate
contracts with rebate aggregators or drug manufacturers
available for audit by such plan sponsor or designated third-
party, subject to confidentiality agreements to prevent re-
disclosure of such contracts.
``(4) Auditors.--The applicable plan sponsor may select an
auditor for purposes of carrying out audits under paragraphs
(2)(C) and (3).
``(5) Rule of construction.--Nothing in this subsection
shall be construed to prohibit payments to entities offering
pharmacy benefit management services for bona fide services
using a fee structure not contemplated by this subsection,
provided that such fees are transparent to group health plans
and health insurance issuers.
``(e) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of the Treasury, shall
enforce this section.
``(2) Failure to provide timely information.--A health
insurance issuer or an entity providing pharmacy benefit
management services that violates subsection (a) or fails to
provide information required under subsection (b); a group
health plan, health insurance issuer, or entity providing
pharmacy benefit management services that violates subsection
(c); or a third-party administrator of a group health plan, a
health insurance issuer offering group health insurance
coverage, or an entity providing pharmacy benefit management
services that violates subsection (d) shall be subject to a
civil monetary penalty in the amount of $10,000 for each day
during which such violation continues or such information is
not disclosed or reported.
``(3) False information.--A health insurance issuer, entity
providing pharmacy benefit management services, or drug
manufacturer that knowingly provides false information under
this section shall be subject to a civil money penalty in an
amount not to exceed $100,000 for each item of false
information. Such civil money penalty shall be in addition to
other penalties as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsections (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, or
other entity to restrict disclosure to, or otherwise limit the access
of, the Department of Health and Human Services to a report described
in subsection (b)(1) or information related to compliance with
subsection (a) by such issuer, plan, or entity.
``(g) Definitions.--In this section--
``(1) the term `applicable entity' means--
``(A) a drug manufacturer, distributor, wholesaler,
rebate aggregator (or other purchasing entity designed
to aggregate rebates), group purchasing organization,
or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary, the
Secretary of Labor, and the Secretary of the Treasury
may specify through rulemaking;
``(2) the term `covered group health insurance coverage'
means health insurance coverage offered in connection with a
group health plan maintained by a large employer;
``(3) the term `covered group health plan' means a group
health plan maintained by a large employer;
``(4) the term `gross spending', with respect to
prescription drug benefits under a group health plan or health
insurance coverage, means the amount spent by a group health
plan or health insurance issuer on prescription drug benefits,
calculated before the application of manufacturer rebates,
fees, alternative discounts, or other remuneration;
``(5) the term `large employer' means, in connection with a
group health plan with respect to a calendar year and a plan
year, an employer who employed an average of at least 50
employees on business days during the preceding calendar year
and who employs at least 1 employee on the first day of the
plan year;
``(6) the term `net spending', with respect to prescription
drug benefits under a group health plan or health insurance
coverage, means the amount spent by a group health plan or
health insurance issuer on prescription drug benefits,
calculated after the application of manufacturer rebates, fees,
alternative discounts, or other remuneration;
``(7) the term `plan sponsor' has the meaning given such
term in section 3(16)(B) of the Employee Retirement Income
Security Act of 1974;
``(8) the term `remuneration' has the meaning given such
term by the Secretary, the Secretary of Labor, and the
Secretary of the Treasury, through notice and comment
rulemaking;
``(9) the term `small employer' means, in connection with a
group health plan with respect to a calendar year and a plan
year, an employer who employed an average of at least 1 but not
more than 49 employees on business days during the preceding
calendar year and who employs at least 1 employee on the first
day of the plan year; and
``(10) the term `wholesale acquisition cost' has the
meaning given such term in section 1847A(c)(6)(B) of the Social
Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D''; and
(ii) in paragraph (2), by inserting
``(other than section 2799A-11)'' after ``part
D'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D'';
(ii) in paragraph (2)(A), by inserting
``(other than section 2799A-11)'' after ``part
D''; and
(iii) in paragraph (2)(C)(ii), by inserting
``(other than section 2799A-11)'' after ``part
D''.
(b) ERISA.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.)
is amended--
(A) in subpart B of part 7 (29 U.S.C. 1185 et
seq.), by adding at the end the following:
``SEC. 726. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after January 1,
2025, a group health plan (or health insurance issuer offering group
health insurance coverage in connection with such a plan) or an entity
providing pharmacy benefit management services on behalf of such a plan
or issuer shall not enter into a contract with an applicable entity
that limits the disclosure of information to plan sponsors in such a
manner that prevents the plan or issuer, or an entity providing
pharmacy benefit management services on behalf of a plan or issuer,
from making the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, an entity
providing pharmacy benefit management services on behalf of a
covered group health plan shall submit to the plan sponsor of
such covered group health plan a report in accordance with this
subsection and make such report available to the plan sponsor
in a machine-readable format and, as the Secretary may
determine, other formats. Each such report shall include, with
respect to the covered group health plan--
``(A) as applicable, information collected from
drug manufacturers by such issuer or entity on the
total amount of copayment assistance dollars paid, or
copayment cards applied, that were funded by the drug
manufacturer with respect to the participants and
beneficiaries in such plan;
``(B) a list of each drug covered by such plan or
entity providing pharmacy benefit management services
that was billed during the reporting period, including,
with respect to each such drug during the reporting
period--
``(i) the brand name, generic or
nonproprietary name, and National Drug Code;
``(ii) the number of participants and
beneficiaries for whom the drug was billed
during the reporting period, the total number
of prescription claims for the drug (including
original prescriptions and refills), and the
total number of dosage units of the drug
dispensed across the reporting period;
``(iii) for each claim or dosage unit
described in clause (ii), the type of
dispensing channel used, such as retail, mail
order, or specialty pharmacy;
``(iv) the wholesale acquisition cost,
listed as cost per days supply, cost per dosage
unit, and cost per typical course of treatment
(as applicable);
``(v) the total out-of-pocket spending by
participants and beneficiaries on such drug
after application of any benefits under the
plan or coverage, including participant and
beneficiary spending through copayments,
coinsurance, and deductibles, but not including
any amounts spent by participants and
beneficiaries on drugs not covered under the
plan or coverage or for which no claim is
submitted to the plan or coverage; and
``(vi) for any drug for which gross
spending by the plan exceeded $10,000 and that
is one of the 50 prescription drugs for which
the group health plan spent the most on
prescription drug benefits during the reporting
period--
``(I) a list of all other drugs in
the same therapeutic class, including
brand name drugs and biological
products and generic drugs or
biosimilar biological products that are
in the same therapeutic class as such
drug; and
``(II) if applicable, the rationale
for preferred formulary placement of
such drug in that therapeutic class,
selected from a list of standard
rationales established by the
Secretary;
``(C) a list of each therapeutic class of drugs
that were dispensed under the health plan during the
reporting period, and, with respect to each such
therapeutic class of drugs, during the reporting
period--
``(i) total gross spending by the plan,
before rebates, fees, alternative discounts, or
other remuneration;
``(ii) the number of participants and
beneficiaries who filled a prescription for a
drug in that class;
``(iii) if applicable to that class, a
description of the formulary tiers and
utilization management mechanisms (such as
prior authorization or step therapy) employed
for drugs in that class;
``(iv) the total out-of-pocket spending by
participants and beneficiaries, including
participant and beneficiary spending through
copayments, coinsurance, and deductibles; and
``(v) for each therapeutic class under
which 3 or more drugs are included on the
formulary of such plan--
``(I) the amount received, or
expected to be received, by such
entity, from an applicable entity, in
rebates, fees, alternative discounts,
or other remuneration that--
``(aa) has been paid, or
will be paid, by such an
applicable entity for claims
incurred during the reporting
period; or
``(bb) is related to
utilization of drugs or drug
spending;
``(II) the total net spending by
the health plan on that class of drugs;
and
``(III) the net price per typical
course of treatment or 30-day supply
incurred by the health plan and its
participants and beneficiaries, after
rebates, fees, alternative discounts,
or other remuneration provided by an
applicable entity, for drugs dispensed
within such therapeutic class during
the reporting period;
``(D) total gross spending on prescription drugs by
the plan during the reporting period, before rebates,
fees, alternative discounts, or other remuneration
provided by an applicable entity;
``(E) the total amount received, or expected to be
received, by the health plan, from an applicable
entity, in rebates, fees, alternative discounts, and
other remuneration received from any such entities,
related to utilization of drug or drug spending under
that health plan during the reporting period;
``(F) the total net spending on prescription drugs
by the health plan during the reporting period;
``(G) amounts paid directly or indirectly in
rebates, fees, or any other type of compensation (as
defined in section 408(b)(2)(B)(ii)(dd)(AA)) to
brokers, consultants, advisors, or any other individual
or firm who referred the group health plan's business
to the pharmacy benefit manager; and
``(H) a summary document that includes such
information described in subparagraphs (A) through (G)
as the Secretary determines useful for plan sponsors
for purposes of selecting pharmacy benefit management
services, such as an estimated net price to plan
sponsor and participant or beneficiary, a cost per
claim, the fee structure or reimbursement model, and
estimated cost per participant or beneficiary.
``(2) Supplementary reporting for intra-company
prescription drug transactions.--
``(A) In general.--A health insurance issuer
offering covered group health insurance coverage or an
entity providing pharmacy benefit management services
under a covered group health plan or covered group
health insurance coverage shall submit, together with
the report under paragraph (1), a supplementary report
every 6 months to the plan sponsor that includes--
``(i) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in the plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are wholly
or partially-owned by that issuer or entity
providing pharmacy benefit management services
under such plan or coverage, including
mandatory mail and specialty home delivery
programs, retail and mail auto-refill programs,
and copayment incentives funded by an entity
providing pharmacy benefit management services;
``(ii) the percentage of total
prescriptions charged to the plan, coverage, or
participants and beneficiaries in the plan or
coverage, that were dispensed by mail order,
specialty, or retail pharmacies that are wholly
or partially-owned by the issuer or entity
providing pharmacy benefit management services;
and
``(iii) a list of all drugs dispensed by
such wholly or partially-owned pharmacy and
charged to the plan or coverage, or
participants and beneficiaries of the plan or
coverage, during the applicable quarter, and,
with respect to each drug--
``(I) the amounts charged, per
dosage unit, per course of treatment,
per 30-day supply, and per 90-day
supply, with respect to participants
and beneficiaries in the plan or
coverage, including amounts charged to
the plan or coverage and amounts
charged to the participants and
beneficiaries;
``(II) the median amount charged to
the plan or coverage, per dosage unit,
per course of treatment, per 30-day
supply, and per 90-day supply,
including amounts paid by the
participants and beneficiaries, when
the same drug is dispensed by other
pharmacies that are not wholly or
partially-owned by the issuer or entity
and that are included in the pharmacy
network of that plan or coverage;
``(III) the interquartile range of
the costs, per dosage unit, per course
of treatment, per 30-day supply, and
per 90-day supply, including amounts
paid by the participants and
beneficiaries, when the same drug is
dispensed by other pharmacies that are
not wholly or partially-owned by the
issuer or entity and that are included
in the pharmacy network of that plan or
coverage;
``(IV) the lowest cost, per dosage
unit, per course of treatment, per 30-
day supply, and per 90-day supply, for
such drug, including amounts charged to
the plan or issuer and participants and
beneficiaries, that is available from
any pharmacy included in the network of
the plan or coverage;
``(V) the net acquisition cost per
dosage unit and for a 30 day-supply,
and the acquisition cost per typical
course of treatment, if the drug is
subject to a maximum price discount;
and
``(VI) other information with
respect to the cost of the drug, as
determined by the Secretary, such as
average sales price, wholesale
acquisition cost, and national average
drug acquisition cost per dosage unit,
per typical course of treatment, or per
30-day supply, for such drug, including
amounts charged to the plan or issuer
and participants and beneficiaries
among all pharmacies included in the
network of the plan or coverage.
``(B) Plans and coverage offered by small
employers.--A health insurance issuer offering covered
group health insurance coverage that is not covered
group health insurance coverage or an entity providing
pharmacy benefit management services under a group
health plan that is not a covered group health plan or
under group health insurance coverage that is not
covered group health insurance coverage that conducts
transactions with a wholly or partially-owned pharmacy
shall submit, together with the report under paragraph
(1), a supplementary report every 6 months to the plan
sponsor that includes the information described in
clauses (i) and (ii) of subparagraph (A).
``(3) Privacy requirements.--
``(A) Relationship to hipaa regulations.--Nothing
in this section shall be construed to modify the
requirements for the creation, receipt, maintenance, or
transmission of protected health information under the
privacy, security, breach notification, and enforcement
regulations in parts 160 and 164 of title 45, Code of
Federal Regulations (or successor regulations).
``(B) Requirement.--A report submitted under
paragraph (1) or (2) shall contain only summary health
information, as defined in section 164.504(a) of title
45, Code of Federal Regulations (or successor
regulations).
``(C) Clarification regarding certain disclosures
of information.--
``(i) Reasonable restrictions.--Nothing in
this section prevents a health insurance issuer
offering group health insurance coverage or an
entity providing pharmacy benefit management
services on behalf of a group health plan or
group health insurance coverage from placing
reasonable restrictions on the public
disclosure of the information contained in a
report under paragraph (1) or (2).
``(ii) Limitations.--A health insurance
issuer offering group health insurance coverage
or an entity providing pharmacy benefit
management services on behalf of a group health
plan or group health insurance coverage may not
restrict disclosure of such reports to the
Department of Health and Human Services, the
Department of Labor, the Department of the
Treasury, or any other Federal agency
responsible for enforcement activities under
this section for purposes of enforcement under
this section or other applicable law, or to the
Comptroller General of the United States in
accordance with paragraph (6).
``(4) Use and disclosure by plan sponsors.--
``(A) Prohibition.--A plan sponsor may not--
``(i) fail or refuse to hire, or discharge,
any employee, or otherwise discriminate against
any employee with respect to the compensation,
terms, conditions, or privileges of employment
of the employee, because of information
submitted under paragraph (1) or (2) attributed
to the employee or a dependent of the employee;
or
``(ii) limit, segregate, or classify the
employees of the employer in any way that would
deprive or tend to deprive any employee of
employment opportunities or otherwise adversely
affect the status of the employee as an
employee, because of information submitted
under paragraph (1) or (2) attributed to the
employee or a dependent of the employee.
``(B) Disclosure and redisclosure.--A plan sponsor
shall not disclose the information received under
paragraph (1) or (2) except--
``(i) to an occupational or other health
researcher if the research is conducted in
compliance with the regulations and protections
provided for under part 46 of title 45, Code of
Federal Regulations (or successor regulations);
``(ii) in response to an order of a court,
except that the plan sponsor may disclose only
the information expressly authorized by such
order;
``(iii) to the Department of Health and
Human Services, the Department of Labor, the
Department of the Treasury, or other Federal
agency responsible for enforcement activities
under this section; or
``(iv) to a contractor or agent for
purposes of health plan administration, if such
contractor or agent agrees, in writing, to
abide by the same use and disclosure
restrictions as the plan sponsor.
``(C) Relationship to hipaa regulations.--With
respect to the regulations promulgated by the Secretary
of Health and Human Services under part C of title XI
of the Social Security Act (42 U.S.C. 1320d et seq.)
and section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2),
subparagraph (B) does not prohibit a covered entity (as
defined for purposes of such regulations) from any use
or disclosure of health information that is authorized
for the covered entity under such regulations. The
previous sentence does not affect the authority of such
Secretary to modify such regulations.
``(D) Enforcement.--
``(i) In general.--The powers, procedures,
and remedies provided in section 207 of the
Genetic Information Nondiscrimination Act (42
U.S.C. 2000ff-6) to a person alleging a
violation of title II of such Act shall be the
powers, procedures, and remedies this
subparagraph provides for any person alleging a
violation of this paragraph.
``(ii) Prohibition against retaliation.--No
person shall discriminate against any
individual because such individual has opposed
any act or practice made unlawful by this
paragraph or because such individual made a
charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or
hearing under this paragraph. The remedies and
procedures otherwise provided for under this
subparagraph shall be available to aggrieved
individuals with respect to violations of this
clause.
``(5) Additional reporting.--
``(A) Reporting with respect to group health plans
offered by small employers.--For plan years beginning
on or after January 1, 2025, not less frequently than
annually, an entity providing pharmacy benefit
management services on behalf of a group health plan
that is not a covered group health plan shall submit to
the plan sponsor of such group health plan a report in
accordance with this paragraph, and make such report
available to the plan sponsor in a machine-readable
format, and such other formats as the Secretary, the
Secretary of Health and Human Services, and the
Secretary of Labor may determine. Each such report
shall include, with respect to the applicable group
health plan, the information described in subparagraphs
(A), (D), (E), (F), (G), and (H) of paragraph (1).
``(B) Opt-in for group health insurance coverage.--
``(i) In general.--A plan sponsor may, on
an annual basis, beginning with plan years
beginning on or after January 1, 2025, elect to
require a health insurance issuer offering
group health insurance coverage to submit to
such plan sponsor a report in accordance with
this subsection.
``(ii) Contents of reports.--
``(I) Covered group health
insurance coverage.--In the case of an
issuer that offers covered group health
insurance coverage, a report provided
pursuant to clause (i) shall include,
with respect to the applicable covered
group health insurance coverage, the
information required under paragraph
(1) for covered group health plans.
``(II) Other group health insurance
coverage.--In the case of an issuer
that offers group health insurance
coverage that is not covered group
health insurance, a report provided
pursuant to clause (i) shall include,
with respect to the applicable group
health insurance coverage, the
information described in subparagraphs
(A), (D), (E), (F), and (G) of
paragraph (1).
``(iii) Application.--For purposes of
reports submitted in accordance with this
subparagraph, paragraph (1) shall be applied by
substituting `group health insurance coverage'
or `health insurance issuer', as applicable,
for `group health plan', `group plan', and
`plan' where such terms appear in such
paragraph.
``(iv) Required reporting for all group
health insurance coverage.--Each health
insurance issuer of health insurance coverage
shall annually submit the information described
in paragraph (1)(H), regardless of whether the
plan sponsor made the election described in
clause (i) for the applicable year.
``(6) Submissions to gao.--A health insurance issuer
offering group health insurance coverage or an entity providing
pharmacy benefit management services on behalf of a group
health plan shall submit to the Comptroller General of the
United States each of the first 2 reports submitted to a plan
sponsor under paragraph (1) or (5) with respect to such
coverage or plan, and other such reports as requested, in
accordance with the privacy requirements under paragraph (3),
and such other information that the Comptroller General
determines necessary to carry out the study under section 2(f)
of the Pharmacy Benefit Manager Reform Act.
``(7) Standard formats.--
``(A) In general.--Not later than June 1, 2024, the
Secretary, the Secretary of Health and Human Services,
and the Secretary of the Treasury shall specify,
through rulemaking, standard formats for health
insurance issuers and entities providing pharmacy
benefit management services to submit reports required
under this subsection.
``(B) Limited form of report.--The Secretary, the
Secretary of Health and Human Services, and the
Secretary of the Treasury shall define through
rulemaking a limited form of the reports under
paragraphs (1) and (2) required to be submitted to plan
sponsors who also are drug manufacturers, drug
wholesalers, entities providing pharmacy benefit
management services, or other direct participants in
the drug supply chain, in order to prevent anti-
competitive behavior.
``(c) Limitations on Spread Pricing.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, a group health plan or health insurance issuer
offering group health insurance coverage shall not charge
participants and beneficiaries, and an entity providing
pharmacy benefit management services under such a plan or
coverage shall not charge the plan, issuer, or participants and
beneficiaries, a price for a prescription drug that exceeds the
price paid to the pharmacy for such drug, excluding penalties
paid by the pharmacy (as described in paragraph (2)) to such
plan, issuer, or entity.
``(2) Rule of construction.--For purposes of paragraph (1),
penalties paid by pharmacies include only the following:
``(A) A penalty paid if an original claim for a
prescription drug was submitted fraudulently by the
pharmacy to the plan, issuer, or entity.
``(B) A penalty paid if the original claim payment
made by the plan, issuer, or entity to the pharmacy was
inconsistent with the reimbursement terms in any
contract between the pharmacy and the plan, issuer, or
entity.
``(C) A penalty paid if the pharmacist services
billed to the plan, issuer, or entity were not rendered
by the pharmacy.
``(d) Full Rebate Pass-Through to Plan.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, a third-party administrator of a group health
plan, a health insurance issuer offering group health insurance
coverage, or an entity providing pharmacy benefit management
services under such health plan or health insurance coverage
shall--
``(A) remit 100 percent of rebates, fees,
alternative discounts, and other applicable
remuneration received from any applicable entity that
are related to utilization of drugs under such health
plan or health insurance coverage, to the group health
plan; and
``(B) ensure that any contract entered into by such
third-party administrator, health insurance issuer, or
entity providing pharmacy benefit management services
with an applicable entity remit 100 percent of rebates,
fees, alternative discounts, and other remuneration
received to the third-party administrator, health
insurance issuer, or entity providing pharmacy benefit
management services.
``(2) Form and manner of remittance.--Such rebates, fees,
alternative discounts, and other remuneration shall be--
``(A) remitted to the group health plan or group
health insurance coverage in a timely fashion after the
period for which such rebates, fees, alternative
discounts, or other remuneration is calculated, and in
no case later than 90 days after the end of such
period;
``(B) fully disclosed and enumerated to the group
health plan sponsor, as described in paragraphs (1) and
(4) of subsection (b);
``(C) available for audit by the plan sponsor, or a
third-party designated by a plan sponsor not less than
once per plan year; and
``(D) returned to the issuer or entity providing
pharmaceutical benefit management services by the group
health plan if audits by such issuer or entity indicate
that the amounts received are incorrect after such
amounts have been paid to the group health plan.
``(3) Audit of rebate contracts.--A third-party
administrator of a group health plan, a health insurance issuer
offering group health insurance coverage, or an entity
providing pharmacy benefit management services under such
health plan or health insurance coverage shall make rebate
contracts with rebate aggregators or drug manufacturers
available for audit by such plan sponsor or designated third-
party, subject to confidentiality agreements to prevent re-
disclosure of such contracts.
``(4) Auditors.--The applicable plan sponsor may select an
auditor for purposes of carrying out audits under paragraphs
(2)(C) and (3).
``(5) Rule of construction.--Nothing in this subsection
shall be construed to prohibit payments to entities offering
pharmacy benefit management services for bona fide services
using a fee structure not contemplated by this subsection,
provided that such fees are transparent to group health plans
and health insurance issuers.
``(e) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of the
Treasury, shall enforce this section.
``(2) Failure to provide timely information.--A health
insurance issuer or an entity providing pharmacy benefit
management services that violates subsection (a) or fails to
provide information required under subsection (b); a group
health plan, health insurance issuer, or entity providing
pharmacy benefit management services that violates subsection
(c); or a third-party administrator of a group health plan, a
health insurance issuer offering group health insurance
coverage, or an entity providing pharmacy benefit management
services that violates subsection (d) shall be subject to a
civil monetary penalty in the amount of $10,000 for each day
during which such violation continues or such information is
not disclosed or reported.
``(3) False information.--A health insurance issuer, entity
providing pharmacy benefit management services, or drug
manufacturer that knowingly provides false information under
this section shall be subject to a civil money penalty in an
amount not to exceed $100,000 for each item of false
information. Such civil money penalty shall be in addition to
other penalties as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsections (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, or
other entity to restrict disclosure to, or otherwise limit the access
of, the Department of Labor to a report described in subsection (b)(1)
or information related to compliance with subsection (a) by such
issuer, plan, or entity.
``(g) Definitions.--In this section--
``(1) the term `applicable entity' means--
``(A) a drug manufacturer, distributor, wholesaler,
rebate aggregator (or other purchasing entity designed
to aggregate rebates), group purchasing organization,
or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary, the
Secretary of Health and Human Services, and the
Secretary of the Treasury may specify through
rulemaking;
``(2) the term `covered group health insurance coverage'
means health insurance coverage offered in connection with a
group health plan maintained by a large employer;
``(3) the term `covered group health plan' means a group
health plan maintained by a large employer;
``(4) the term `gross spending', with respect to
prescription drug benefits under a group health plan or health
insurance coverage, means the amount spent by a group health
plan or health insurance issuer on prescription drug benefits,
calculated before the application of manufacturer rebates,
fees, alternative discounts, or other remuneration;
``(5) the term `large employer' means, in connection with a
group health plan with respect to a calendar year and a plan
year, an employer who employed an average of at least 50
employees on business days during the preceding calendar year
and who employs at least 1 employee on the first day of the
plan year;
``(6) the term `net spending', with respect to prescription
drug benefits under a group health plan or health insurance
coverage, means the amount spent by a group health plan or
health insurance issuer on prescription drug benefits,
calculated after the application of manufacturer rebates, fees,
alternative discounts, or other remuneration;
``(7) the term `plan sponsor' has the meaning given such
term in section 3(16)(B);
``(8) the term `remuneration' has the meaning given such
term by the Secretary, the Secretary of Health and Human
Services, and the Secretary of the Treasury, through notice and
comment rulemaking;
``(9) the term `small employer' means, in connection with a
group health plan with respect to a calendar year and a plan
year, an employer who employed an average of at least 1 but not
more than 49 employees on business days during the preceding
calendar year and who employs at least 1 employee on the first
day of the plan year; and
``(10) the term `wholesale acquisition cost' has the
meaning given such term in section 1847A(c)(6)(B) of the Social
Security Act (42 U.S.C. 1395w-3a(c)(6)(B)).''; and
(B) in section 502(b)(3) (29 U.S.C. 1132(b)(3)), by
inserting ``(other than section 726)'' after ``part
7''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following new item:
``Sec. 726. Oversight of entities that provide pharmacy benefit
management services.''.
(c) 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:
``SEC. 9826. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after January 1,
2025, a group health plan or an entity providing pharmacy benefit
management services on behalf of such a plan shall not enter into a
contract with an applicable entity that limits the disclosure of
information to plan sponsors in such a manner that prevents the plan,
or an entity providing pharmacy benefit management services on behalf
of a plan, from making the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, an entity
providing pharmacy benefit management services on behalf of a
covered group health plan shall submit to the plan sponsor of
such covered group health plan a report in accordance with this
subsection and make such report available to the plan sponsor
in a machine-readable format and, as the Secretary may
determine, other formats. Each such report shall include, with
respect to the covered group health plan--
``(A) as applicable, information collected from
drug manufacturers by such entity on the total amount
of copayment assistance dollars paid, or copayment
cards applied, that were funded by the drug
manufacturer with respect to the participants and
beneficiaries in such plan;
``(B) a list of each drug covered by such plan or
entity providing pharmacy benefit management services
that was billed during the reporting period, including,
with respect to each such drug during the reporting
period--
``(i) the brand name, generic or
nonproprietary name, and National Drug Code;
``(ii) the number of participants and
beneficiaries for whom the drug was billed
during the reporting period, the total number
of prescription claims for the drug (including
original prescriptions and refills), and the
total number of dosage units of the drug
dispensed across the reporting period;
``(iii) for each claim or dosage unit
described in clause (ii), the type of
dispensing channel used, such as retail, mail
order, or specialty pharmacy;
``(iv) the wholesale acquisition cost,
listed as cost per days supply, cost per dosage
unit, and cost per typical course of treatment
(as applicable);
``(v) the total out-of-pocket spending by
participants and beneficiaries on such drug
after application of any benefits under the
plan, including participant and beneficiary
spending through copayments, coinsurance, and
deductibles, but not including any amounts
spent by participants and beneficiaries on
drugs not covered under the plan or for which
no claim is submitted to the plan; and
``(vi) for any drug for which gross
spending by the plan exceeded $10,000 and that
is one of the 50 prescription drugs for which
the group health plan spent the most on
prescription drug benefits during the reporting
period--
``(I) a list of all other drugs in
the same therapeutic class, including
brand name drugs and biological
products and generic drugs or
biosimilar biological products that are
in the same therapeutic class as such
drug; and
``(II) if applicable, the rationale
for preferred formulary placement of
such drug in that therapeutic class,
selected from a list of standard
rationales established by the
Secretary;
``(C) a list of each therapeutic class of drugs
that were dispensed under the health plan during the
reporting period, and, with respect to each such
therapeutic class of drugs, during the reporting
period--
``(i) total gross spending by the plan,
before rebates, fees, alternative discounts, or
other remuneration;
``(ii) the number of participants and
beneficiaries who filled a prescription for a
drug in that class;
``(iii) if applicable to that class, a
description of the formulary tiers and
utilization management mechanisms (such as
prior authorization or step therapy) employed
for drugs in that class;
``(iv) the total out-of-pocket spending by
participants and beneficiaries, including
participant and beneficiary spending through
copayments, coinsurance, and deductibles; and
``(v) for each therapeutic class under
which 3 or more drugs are included on the
formulary of such plan--
``(I) the amount received, or
expected to be received, by such
entity, from an applicable entity, in
rebates, fees, alternative discounts,
or other remuneration that--
``(aa) has been paid, or
will be paid, by such an
applicable entity for claims
incurred during the reporting
period; or
``(bb) is related to
utilization of drugs or drug
spending;
``(II) the total net spending by
the health plan on that class of drugs;
and
``(III) the net price per typical
course of treatment or 30-day supply
incurred by the health plan and its
participants and beneficiaries, after
rebates, fees, alternative discounts,
or other remuneration provided by an
applicable entity, for drugs dispensed
within such therapeutic class during
the reporting period;
``(D) total gross spending on prescription drugs by
the plan during the reporting period, before rebates,
fees, alternative discounts, or other remuneration
provided by an applicable entity;
``(E) the total amount received, or expected to be
received, by the health plan, from an applicable
entity, in rebates, fees, alternative discounts, and
other remuneration received from any such entities,
related to utilization of drug or drug spending under
that health plan during the reporting period;
``(F) the total net spending on prescription drugs
by the health plan during the reporting period;
``(G) amounts paid directly or indirectly in
rebates, fees, or any other type of compensation (as
defined in section 408(b)(2)(B)(ii)(dd)(AA) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers,
consultants, advisors, or any other individual or firm
who referred the group health plan's business to the
pharmacy benefit manager; and
``(H) a summary document that includes such
information described in subparagraphs (A) through (G)
as the Secretary determines useful for plan sponsors
for purposes of selecting pharmacy benefit management
services, such as an estimated net price to plan
sponsor and participant or beneficiary, a cost per
claim, the fee structure or reimbursement model, and
estimated cost per participant or beneficiary.
``(2) Supplementary reporting for intra-company
prescription drug transactions.--
``(A) In general.--An entity providing pharmacy
benefit management services under a covered group
health plan shall submit, together with the report
under paragraph (1), a supplementary report every 6
months to the plan sponsor that includes--
``(i) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in the plan to
fill prescriptions at mail order, specialty, or
retail pharmacies that are wholly or partially-
owned by that entity providing pharmacy benefit
management services under such plan, including
mandatory mail and specialty home delivery
programs, retail and mail auto-refill programs,
and copayment incentives funded by an entity
providing pharmacy benefit management services;
``(ii) the percentage of total
prescriptions charged to the plan or
participants and beneficiaries in the plan,
that were dispensed by mail order, specialty,
or retail pharmacies that are wholly or
partially-owned by the entity providing
pharmacy benefit management services; and
``(iii) a list of all drugs dispensed by
such wholly or partially-owned pharmacy and
charged to the plan, or participants and
beneficiaries of the plan, during the
applicable quarter, and, with respect to each
drug--
``(I) the amounts charged, per
dosage unit, per course of treatment,
per 30-day supply, and per 90-day
supply, with respect to participants
and beneficiaries in the plan,
including amounts charged to the plan
and amounts charged to the participants
and beneficiaries;
``(II) the median amount charged to
the plan, per dosage unit, per course
of treatment, per 30-day supply, and
per 90-day supply, including amounts
paid by the participants and
beneficiaries, when the same drug is
dispensed by other pharmacies that are
not wholly or partially-owned by the
entity and that are included in the
pharmacy network of that plan;
``(III) the interquartile range of
the costs, per dosage unit, per course
of treatment, per 30-day supply, and
per 90-day supply, including amounts
paid by the participants and
beneficiaries, when the same drug is
dispensed by other pharmacies that are
not wholly or partially-owned by the
entity and that are included in the
pharmacy network of that plan;
``(IV) the lowest cost, per dosage
unit, per course of treatment, per 30-
day supply, and per 90-day supply, for
such drug, including amounts charged to
the plan and participants and
beneficiaries, that is available from
any pharmacy included in the network of
the plan;
``(V) the net acquisition cost per
dosage unit and for a 30 day-supply,
and the acquisition cost per typical
course of treatment, if the drug is
subject to a maximum price discount;
and
``(VI) other information with
respect to the cost of the drug, as
determined by the Secretary, such as
average sales price, wholesale
acquisition cost, and national average
drug acquisition cost per dosage unit,
per typical course of treatment, or per
30-day supply, for such drug, including
amounts charged to the plan and
participants and beneficiaries among
all pharmacies included in the network
of the plan.
``(B) Plans offered by small employers.--An entity
providing pharmacy benefit management services under a
group health plan that is not a covered group health
plan that conducts transactions with a wholly or
partially-owned pharmacy shall submit, together with
the report under paragraph (1), a supplementary report
every 6 months to the plan sponsor that includes the
information described in clauses (i) and (ii) of
subparagraph (A).
``(3) Privacy requirements.--
``(A) Relationship to hipaa regulations.--Nothing
in this section shall be construed to modify the
requirements for the creation, receipt, maintenance, or
transmission of protected health information under the
privacy, security, breach notification, and enforcement
regulations in parts 160 and 164 of title 45, Code of
Federal Regulations (or successor regulations).
``(B) Requirement.--A report submitted under
paragraph (1) or (2) shall contain only summary health
information, as defined in section 164.504(a) of title
45, Code of Federal Regulations (or successor
regulations).
``(C) Clarification regarding certain disclosures
of information.--
``(i) Reasonable restrictions.--Nothing in
this section prevents an entity providing
pharmacy benefit management services on behalf
of a group health plan from placing reasonable
restrictions on the public disclosure of the
information contained in a report under
paragraph (1) or (2).
``(ii) Limitations.--An entity providing
pharmacy benefit management services on behalf
of a group health plan or group health
insurance coverage may not restrict disclosure
of such reports to the Department of Health and
Human Services, the Department of Labor, the
Department of the Treasury, or any other
Federal agency responsible for enforcement
activities under this section for purposes of
enforcement under this section or other
applicable law, or to the Comptroller General
of the United States in accordance with
paragraph (6).
``(4) Use and disclosure by plan sponsors.--
``(A) Prohibition.--A plan sponsor may not--
``(i) fail or refuse to hire, or discharge,
any employee, or otherwise discriminate against
any employee with respect to the compensation,
terms, conditions, or privileges of employment
of the employee, because of information
submitted under paragraph (1) or (2) attributed
to the employee or a dependent of the employee;
or
``(ii) limit, segregate, or classify the
employees of the employer in any way that would
deprive or tend to deprive any employee of
employment opportunities or otherwise adversely
affect the status of the employee as an
employee, because of information submitted
under paragraph (1) or (2) attributed to the
employee or a dependent of the employee.
``(B) Disclosure and redisclosure.--A plan sponsor
shall not disclose the information received under
paragraph (1) or (2) except--
``(i) to an occupational or other health
researcher if the research is conducted in
compliance with the regulations and protections
provided for under part 46 of title 45, Code of
Federal Regulations (or successor regulations);
``(ii) in response to an order of a court,
except that the plan sponsor may disclose only
the information expressly authorized by such
order;
``(iii) to the Department of Health and
Human Services, the Department of Labor, the
Department of the Treasury, or other Federal
agency responsible for enforcement activities
under this section; or
``(iv) to a contractor or agent for
purposes of health plan administration, if such
contractor or agent agrees, in writing, to
abide by the same use and disclosure
restrictions as the plan sponsor.
``(C) Relationship to hipaa regulations.--With
respect to the regulations promulgated by the Secretary
of Health and Human Services under part C of title XI
of the Social Security Act (42 U.S.C. 1320d et seq.)
and section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2),
subparagraph (B) does not prohibit a covered entity (as
defined for purposes of such regulations) from any use
or disclosure of health information that is authorized
for the covered entity under such regulations. The
previous sentence does not affect the authority of such
Secretary to modify such regulations.
``(D) Enforcement.--
``(i) In general.--The powers, procedures,
and remedies provided in section 207 of the
Genetic Information Nondiscrimination Act (42
U.S.C. 2000ff-6) to a person alleging a
violation of title II of such Act shall be the
powers, procedures, and remedies this
subparagraph provides for any person alleging a
violation of this paragraph.
``(ii) Prohibition against retaliation.--No
person shall discriminate against any
individual because such individual has opposed
any act or practice made unlawful by this
paragraph or because such individual made a
charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or
hearing under this paragraph. The remedies and
procedures otherwise provided for under this
subparagraph shall be available to aggrieved
individuals with respect to violations of this
clause.
``(5) Reporting with respect to group health plans offered
by small employers.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, an entity
providing pharmacy benefit management services on behalf of a
group health plan that is not a covered group health plan shall
submit to the plan sponsor of such group health plan a report
in accordance with this paragraph, and make such report
available to the plan sponsor in a machine-readable format.
Each such report shall include, with respect to the applicable
group health plan, the information described in subparagraphs
(A), (D), (E), (F), (G), and (H) of paragraph (1).
``(6) Submissions to gao.--An entity providing pharmacy
benefit management services on behalf of a group health plan
shall submit to the Comptroller General of the United States
each of the first 2 reports submitted to a plan sponsor under
paragraph (1) or (5) with respect to such plan, and other such
reports as requested, in accordance with the privacy
requirements under paragraph (3), and such other information
that the Comptroller General determines necessary to carry out
the study under section 2(f) of the Pharmacy Benefit Manager
Reform Act.
``(7) Standard formats.--
``(A) In general.--Not later than June 1, 2024, the
Secretary, the Secretary of Health and Human Services,
and the Secretary of Labor shall specify, through
rulemaking, standard formats for health insurance
issuers and entities providing pharmacy benefit
management services to submit reports required under
this subsection.
``(B) Limited form of report.--The Secretary, the
Secretary of Health and Human Services, and the
Secretary of Labor shall define through rulemaking a
limited form of the reports under paragraphs (1) and
(2) required to be submitted to plan sponsors who also
are drug manufacturers, drug wholesalers, entities
providing pharmacy benefit management services, or
other direct participants in the drug supply chain, in
order to prevent anti-competitive behavior.
``(c) Limitations on Spread Pricing.--
``(1) In general.--A group health plan shall not charge
participants and beneficiaries, and an entity providing
pharmacy benefit management services under such a plan shall
not charge the plan or participants and beneficiaries, a price
for a prescription drug that exceeds the price paid to the
pharmacy for such drug, excluding penalties paid by the
pharmacy (as described in paragraph (2)) to such plan or
entity.
``(2) Rule of construction.--For purposes of paragraph (1),
penalties paid by pharmacies include only the following:
``(A) A penalty paid if an original claim for a
prescription drug was submitted fraudulently by the
pharmacy to the plan or entity.
``(B) A penalty paid if the original claim payment
made by the plan, issuer, or entity to the pharmacy was
inconsistent with the reimbursement terms in any
contract between the pharmacy and the plan or entity.
``(C) A penalty paid if the pharmacist services
billed to the plan or entity were not rendered by the
pharmacy.
``(d) Full Rebate Pass-Through to Plan.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, a third-party administrator of a group health
plan or an entity providing pharmacy benefit management
services under such health plan shall--
``(A) remit 100 percent of rebates, fees,
alternative discounts, and other remuneration received
from any applicable entity that are related to
utilization of drugs under such health plan, to the
group health plan; and
``(B) ensure that any contract entered into by such
third-party administrator or entity providing pharmacy
benefit management services with an applicable entity
remit 100 percent of rebates, fees, alternative
discounts, and other remuneration received to the
third-party administrator or entity providing pharmacy
benefit management services.
``(2) Form and manner of remittance.--Such rebates, fees,
alternative discounts, and other remuneration shall be--
``(A) remitted to the group health plan in a timely
fashion after the period for which such rebates, fees,
alternative discounts, or other remuneration is
calculated, and in no case later than 90 days after the
end of such period;
``(B) fully disclosed and enumerated to the group
health plan sponsor, as described in paragraphs (1) and
(4) of subsection (b);
``(C) available for audit by the plan sponsor, or a
third-party designated by a plan sponsor not less than
once per plan year; and
``(D) returned to the issuer or entity providing
pharmaceutical benefit management services by the group
health plan if audits by such entity indicate that the
amounts received are incorrect after such amounts have
been paid to the group health plan.
``(3) Audit of rebate contracts.--A third-party
administrator of a group health plan or an entity providing
pharmacy benefit management services under such health plan
shall make rebate contracts with rebate aggregators or drug
manufacturers available for audit by such plan sponsor or
designated third-party, subject to confidentiality agreements
to prevent re-disclosure of such contracts.
``(4) Auditors.--The applicable plan sponsor may select an
auditor for purposes of carrying out audits under paragraphs
(2)(C) and (3).
``(5) Rule of construction.--Nothing in this subsection
shall be construed to prohibit payments to entities offering
pharmacy benefit management services for bona fide services
using a fee structure not contemplated by this subsection,
provided that such fees are transparent to group health plans.
``(e) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of Health and Human
Services, shall enforce this section.
``(2) Failure to provide timely information.--A health
insurance issuer or an entity providing pharmacy benefit
management services that violates subsection (a) or fails to
provide information required under subsection (b); a group
health plan or entity providing pharmacy benefit management
services that violates subsection (c); or a third-party
administrator of a group health plan or an entity providing
pharmacy benefit management services that violates subsection
(d) shall be subject to a civil monetary penalty in the amount
of $10,000 for each day during which such violation continues
or such information is not disclosed or reported.
``(3) False information.--An entity providing pharmacy
benefit management services, or drug manufacturer that
knowingly provides false information under this section shall
be subject to a civil money penalty in an amount not to exceed
$100,000 for each item of false information. Such civil money
penalty shall be in addition to other penalties as may be
prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsections (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to permit a group health plan or other entity to restrict
disclosure to, or otherwise limit the access of, the Department of the
Treasury to a report described in subsection (b)(1) or information
related to compliance with subsection (a) by such plan or entity.
``(g) Definitions.--In this section--
``(1) the term `applicable entity' means--
``(A) a drug manufacturer, distributor, wholesaler,
rebate aggregator (or other purchasing entity designed
to aggregate rebates), group purchasing organization,
or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary, the
Secretary of Health and Human Services, and the
Secretary of Labor may specify through rulemaking;
``(2) the term `covered group health insurance coverage'
means health insurance coverage offered in connection with a
group health plan maintained by a large employer;
``(3) the term `covered group health plan' means a group
health plan maintained by a large employer;
``(4) the term `gross spending', with respect to
prescription drug benefits under a group health plan or health
insurance coverage, means the amount spent by a group health
plan or health insurance issuer on prescription drug benefits,
calculated before the application of manufacturer rebates,
fees, alternative discounts, or other remuneration;
``(5) the term `large employer' means, in connection with a
group health plan with respect to a calendar year and a plan
year, an employer who employed an average of at least 50
employees on business days during the preceding calendar year
and who employs at least 1 employee on the first day of the
plan year;
``(6) the term `net spending', with respect to prescription
drug benefits under a group health plan or health insurance
coverage, means the amount spent by a group health plan or
health insurance issuer on prescription drug benefits,
calculated after the application of manufacturer rebates, fees,
alternative discounts, or other remuneration;
``(7) the term `plan sponsor' has the meaning given such
term in section 3(16)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(16)(B));
``(8) the term `remuneration' has the meaning given such
term by the Secretary, the Secretary of Labor, and the
Secretary of Health and Human Services, through notice and
comment rulemaking;
``(9) the term `small employer' means, in connection with a
group health plan with respect to a calendar year and a plan
year, an employer who employed an average of at least 1 but not
more than 49 employees on business days during the preceding
calendar year and who employs at least 1 employee on the first
day of the plan year; and
``(10) the term `wholesale acquisition cost' has the
meaning given such term in section 1847A(c)(6)(B) of the Social
Security Act (42 U.S.C. 1395w-3a(c)(6)(B)).''.
(2) 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 new item:
``Sec. 9826. Oversight of entities that provide pharmacy benefit
management services.''.
(d) Funding.--
(1) For purposes of carrying out the amendments made by
subsection (a), there are appropriated to the Centers for
Medicare & Medicaid Services, out of amounts in the Treasury
not otherwise appropriated, $80,000,000 for fiscal year 2024.
(2) For purposes of carrying out the amendments made by
subsection (b), there are appropriated to the Department of
Labor, out of amounts in the Treasury not otherwise
appropriated, $43,750,000 for fiscal year 2024.
(e) ASPE Study.--The Assistant Secretary for Planning and
Evaluation of the Department of Health and Human Services shall conduct
or commission a study on how the United States health care market would
be impacted by potential regulatory changes disallowing manufacturer
rebates in the manner and to the extent allowed on the date of
enactment of this Act, with a focus on the impact to stakeholders in
the commercial insurance market, and, not later than 1 year after the
date of enactment of this Act, submit a report to Congress on the
results of such study. Such study and report shall consider the
following:
(1) The impact on the impact of making no such regulatory
changes, as well as potential behavioral changes by plan
sponsors, members, and pharmaceutical manufacturers, such as
tighter formularies, changes to price concessions, changes in
utilization, if such regulatory changes are made.
(2) The mechanics needed in the pharmaceutical supply chain
(whether existing or not) to move a manufacturer rebate to the
point of sale.
(3) The feasibility of a partial point-of-sale manufacturer
rebate versus a full point-of-sale manufacturer rebate.
(4) The impact on patient out-of-pocket costs, premiums,
and other cost-sharing.
(5) Possible behavioral changes by other third parties in
the pharmaceutical supply chain including drug manufacturer,
distributor, wholesaler, rebate aggregators, pharmacy services
administrative organizations, or group purchasing
organizations.
(6) Behavioral changes between entities that contract with
pharmaceutical manufacturers and pharmaceutical supply chain.
(7) Alternative price negotiation mechanisms, including the
impact of the Act of June 19, 1936 (commonly known as the
``Robinson-Patman Act''; 49 Stat. 1526, chapter 592; 15 U.S.C.
13a et seq.), and the amendments made by that Act, on drug
pricing negotiations.
(8) The impact on pharmacies, including pharmacy rebates,
pharmacy fees, and dispensing channels.
(f) GAO Study.--
(1) In general.--Not later than January 1, 2029, the
Comptroller General of the United States shall report to
Congress on--
(A) pharmacy networks of group health plans, health
insurance issuers, and entities providing pharmacy
benefit management services under such group health
plan or group or individual health insurance coverage,
including networks that have pharmacies that are under
common ownership (in whole or part) with group health
plans, health insurance issuers, or entities providing
pharmacy benefit management services or pharmacy
benefit administrative services under group health plan
or group or individual health insurance coverage;
(B) as it relates to pharmacy networks that include
pharmacies under common ownership described in
subparagraph (A)--
(i) whether such networks are designed to
encourage participants and beneficiaries of a
plan or coverage to use such pharmacies over
other network pharmacies for specific services
or drugs, and if so, the reasons the networks
give for encouraging use of such pharmacies;
and
(ii) whether such pharmacies are used by
participants and beneficiaries
disproportionately more in the aggregate or for
specific services or drugs compared to other
network pharmacies;
(C) whether group health plans and health insurance
issuers offering group or individual health insurance
coverage have options to elect different network
pricing arrangements in the marketplace with entities
that provide pharmacy benefit management services, the
prevalence of electing such different network pricing
arrangements;
(D) pharmacy network design parameters that
encourage participants and beneficiaries in the plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are wholly or
partially-owned by that issuer or entity; and
(E) the degree to which mail order, specialty, or
retail pharmacies that dispense prescription drugs to
participants and beneficiaries in a group health plan
or health insurance coverage that are under common
ownership (in whole or part) with group health plans,
health insurance issuers, or entities providing
pharmacy benefit management services or pharmacy
benefit administrative services under group health plan
or group or individual health insurance coverage
receive reimbursement that is greater than the median
price charged to the group health plan or health
insurance issuer when the same drug is dispensed to
participants and beneficiaries in the plan or coverage
by other pharmacies included in the pharmacy network of
that plan, issuer, or entity that are not wholly or
partially owned by the health insurance issuer or
entity providing pharmacy benefit management services.
(2) Requirement.--In carrying out paragraph (1), the
Comptroller General of the United States shall not disclose--
(A) information that would allow for identification
of a specific individual, plan sponsor, health
insurance issuer, plan, or entity providing pharmacy
benefit management services; or
(B) commercial or financial information that is
privileged or confidential.
(3) Definitions.--In this subsection, the terms ``group
health plan'', ``health insurance coverage'', and ``health
insurance issuer'' have the meanings given such terms in
section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
91).
<all>
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118S134 | Alzheimer’s Accountability and Investment Act | [
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"sponsor"
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[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
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"M... | <p><strong>Alzheimer's Accountability and Investment Act</strong></p> <p>This bill requires the National Institutes of Health to annually submit, beginning in FY2024, an estimate of its budget and personnel needs for carrying out initiatives pursuant to the National Alzheimer's Project directly to the President for review and transmittal to Congress. The Department of Health and Human Services and the Advisory Council on Alzheimer's Research, Care, and Services may comment on the budget estimate but may not change it.</p> <p>The National Alzheimer's Project supports coordination of federal planning, research, and other efforts to address Alzheimer's disease and related dementias.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 134
To require an annual budget estimate for the initiatives of the
National Institutes of Health pursuant to reports and recommendations
made under the National Alzheimer's Project Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Ms. Collins (for herself, Mr. Markey, Mrs. Capito, Mr. Warner, Mr.
Moran, Mr. Menendez, Ms. Murkowski, and Ms. Stabenow) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require an annual budget estimate for the initiatives of the
National Institutes of Health pursuant to reports and recommendations
made under the National Alzheimer's Project 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 ``Alzheimer's Accountability and
Investment Act''.
SEC. 2. EXTENSION OF PROJECT.
Section 2 of the National Alzheimer's Project Act (42 U.S.C. 11225)
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Professional Judgment Budget.--For fiscal year 2024 and each
subsequent fiscal year, the Director of the National Institutes of
Health shall prepare and submit, directly to the President for review
and transmittal to Congress, after reasonable opportunity for comment,
but without change, by the Secretary of Health and Human Services and
the Advisory Council, an annual budget estimate for the initiatives of
the National Institutes of Health pursuant to the reports and
recommendations made under this Act, including an estimate of the
number and type of personnel needs for the National Institutes of
Health.''.
<all>
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118S1340 | Financial Technology Protection Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1340 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1340
To establish an Independent Financial Technology Working Group to
Combat Terrorism and Illicit Financing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Budd (for himself and Mrs. Gillibrand) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish an Independent Financial Technology Working Group to
Combat Terrorism and Illicit Financing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Technology Protection Act
of 2023''.
SEC. 2. INDEPENDENT FINANCIAL TECHNOLOGY WORKING GROUP TO COMBAT
TERRORISM AND ILLICIT FINANCING.
(a) Establishment.--There is established the Independent Financial
Technology Working Group to Combat Terrorism and Illicit Financing (in
this section referred to as the ``Working Group''), which shall consist
of the following:
(1) The Secretary of the Treasury, acting through the Under
Secretary for Terrorism and Financial Intelligence, who shall
serve as the chair of the Working Group.
(2) A senior-level representative from each of the
following:
(A) Each of the following components of the
Department of the Treasury:
(i) The Financial Crimes Enforcement
Network.
(ii) The Internal Revenue Service.
(iii) The Office of Foreign Assets Control.
(B) The Department of Justice and each of the
following components of the Department:
(i) The Federal Bureau of Investigation.
(ii) The Drug Enforcement Administration.
(C) The Department of Homeland Security and the
United States Secret Service.
(D) The Department of State.
(E) The Central Intelligence Agency.
(3) Five individuals appointed by the Under Secretary for
Terrorism and Financial Intelligence to represent the
following:
(A) Financial technology companies.
(B) Blockchain intelligence companies.
(C) Financial institutions.
(D) Institutions or organizations engaged in
research.
(b) Duties.--The Working Group shall--
(1) conduct research on terrorist and illicit use of new
financial technologies, including digital assets; and
(2) develop legislative and regulatory proposals to improve
anti-money laundering, counter-terrorist, and other counter-
illicit financing efforts in the United States.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually for the 3 years
thereafter, the Working Group shall submit to the Secretary of
the Treasury, the heads of each agency represented in the
Working Group pursuant to subsection (a)(2), and the
appropriate congressional committees a report containing the
findings and determinations made by the Working Group in the
previous year and any legislative and regulatory proposals
developed by the Working Group.
(2) Final report.--Before the date on which the Working
Group terminates under subsection (e)(1), the Working Group
shall submit to the appropriate congressional committees a
final report detailing the findings, recommendations, and
activities of the Working Group.
(d) Travel Expenses.--Members of the Working Group shall serve
without pay, but shall receive travel expenses in accordance with
sections 5702 and 5703 of title 5, United States Code.
(e) Sunset.--
(1) In general.--The Working Group shall, subject to
paragraph (3), terminate on the date that is 4 years after the
date of the enactment of this Act.
(2) Expiration and return of appropriated funds.--On the
date on which the Working Group terminates under paragraph
(1)--
(A) all authorities granted to the Working Group
under this section shall expire, subject to paragraph
(3); and
(B) any funds appropriated for the Working Group
that are available for obligation as of that date shall
be returned to the Treasury.
(3) Authority to wind up activities.--The termination of
the Working Group under paragraph (1) and the expiration of
authorities under paragraph (2) shall not affect any
investigations, research, or other activities of the Working
Group ongoing as of the date on which the Working Group
terminates under paragraph (1). Such investigations, research,
and activities may continue until their completion.
SEC. 3. PREVENTING ROGUE AND FOREIGN ACTORS FROM EVADING SANCTIONS.
(a) Report and Strategy With Respect to Digital Assets and Other
Related Emerging Technologies.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of the Treasury and in consultation with the head of
each agency represented on the Independent Financial Technology
Working Group to Combat Terrorism and Illicit Financing
pursuant to section 2(a)(2), shall submit to the appropriate
congressional committees a report that describes--
(A) the potential uses of digital assets and other
related emerging technologies by states, non-state
actors, foreign terrorist organizations, and other
terrorist groups to evade sanctions, finance terrorism,
or launder monetary instruments, and threaten United
States national security; and
(B) a strategy how the United States will mitigate
and prevent the illicit use of digital assets and other
related emerging technologies.
(2) Form of report; public availability.--
(A) In general.--The report required by paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(B) Public availability.--The unclassified portion
of each report required by paragraph (1) shall be made
available to the public and posted on a publicly
accessible website of the Department of the Treasury--
(i) in precompressed, easily downloadable
versions, in all appropriate formats; and
(ii) in machine-readable format, if
applicable.
(3) Sources of information.--In preparing the reports
required by paragraph (1), the President may utilize any
credible publication, database, or web-based resource, and any
credible information compiled by any government agency,
nongovernmental organization, or other entity that is made
available to the President.
(b) Briefing.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Treasury shall brief the
appropriate congressional committees on the implementation of the
strategy required by subsection (a)(2).
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Finance, the Committee on
Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Homeland
Security, the Committee on the Judiciary, the Committee
on Way and Means, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Blockchain intelligence company.--The term ``blockchain
intelligence company'' means any business providing software,
research, or other services (such as blockchain tracing tools,
geofencing, transaction screening, the collection of business
data, and sanctions screening) that--
(A) support private and public sector
investigations and risk management activities; and
(B) involve cryptographically secured distributed
ledgers or any similar technology or implementation.
(3) Digital asset.--The term ``digital asset'' means any
digital representation of value that is recorded on a
cryptographically secured digital ledger or any similar
technology.
(4) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization that is
designated as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(5) Illicit use.--The term ``illicit use'' includes fraud,
darknet marketplace transactions, money laundering, the
purchase and sale of illicit goods, sanctions evasion, theft of
funds, funding of illegal activities, transactions related to
child sexual abuse material, and any other financial
transaction involving the proceeds of specified unlawful
activity (as defined in section 1956(c) of title 18, United
States Code).
(6) Terrorist.--The term ``terrorist'' includes a person
carrying out domestic terrorism or international terrorism (as
such terms are defined, respectively, under section 2331 of
title 18, United States Code).
<all>
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118S1341 | EDUCATORS for America Act | [
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"sponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
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[
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[
"W000779",... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1341
To reauthorize title II of the Higher Education Act of 1965, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Reed (for himself, Mr. Casey, Mr. Lujan, Mr. Van Hollen, Mr. Wyden,
Ms. Stabenow, Mr. Merkley, and Mr. Heinrich) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reauthorize title II of the Higher Education Act of 1965, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EDUCATORS for America Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite an increased need for prekindergarten through
grade 12 teachers, the number of students completing bachelor's
degrees in education has been in decline over the last 2
decades.
(2) Pay is by far the reason that undergraduates cite most
often for not pursuing teaching as a career. Pay was named as
such a reason by 72 percent of respondents in a large 2018
survey of prospective college students.
(3) Because they earn less than other bachelor's degree
recipients, teachers face particular challenges repaying
student loans. Estimated payments on the average amount
education graduates have borrowed is equivalent to 9 percent of
the average starting teacher salary, well in excess of the 7
percent threshold recommended by economists as affordable for
borrowers at that income level.
(4) The number of students earning undergraduate and
graduate degrees in the high-demand specialties of mathematics,
science, and foreign language education are in decline and the
numbers earning degrees in special education and teaching
English as a second language are insufficient to meet demand in
many localities.
(5) Prior to COVID-19, the number of institutions offering
degrees in education was stable, but the number with small
programs was on the rise. One-third of the 1,500 institutions
that award bachelor's and master's degrees in education granted
30 or fewer such degrees in 2019.
(6) An October 2020 survey of American Association of
Colleges for Teacher Education members, which includes 700
schools, colleges, and departments of education at public and
private 4-year colleges and universities, revealed that nearly
60 percent have experienced a decline in undergraduate
enrollment due to COVID-19, 83 percent have had budget cuts,
and half have reduced staffing. The Association predicts that,
absent additional support, a sizable number of educator
preparation programs will close, eliminating needed capacity to
produce the profession-ready teachers that the Nation needs.
(7) A 2015 Government Accountability Office analysis showed
that only 19 percent of students who were eligible for the
Federal Teacher Education Assistance for College and Higher
Education Grant program (referred to as ``TEACH Grants'') in
the 2013-2014 academic year utilized this program, yet the cost
of college remains a barrier for many students who seek to
become teachers. Institutions like the University of Northern
Iowa have successfully utilized TEACH Grants for 57 percent of
its TEACH Grant-eligible teacher candidates, with over one
thousand moving into teaching positions in high-need fields in
high-need schools.
(8) Only 22 percent of educators feel they are ``very
prepared'' to teach social and emotional learning in
classrooms, and 51 percent report that the level of social and
emotional learning professional development offered at their
school is not sufficient.
(9) Our Nation's schools are experiencing a severe
diversity gap that negatively impacts student achievement and
school culture. Fifty percent of current students are from
minority groups while only 18 percent of teachers are from such
groups, according to a 2016 study by the Brookings Institution.
(10) A 2016 report conducted by the Department of Education
shows that teachers of color tend to provide more culturally
relevant teaching and better understand the situations that
students of color may face. These factors help develop trusting
teacher-student relationships. Researchers from Vanderbilt
University also found that greater racial and ethnic diversity
among school principals benefits students, especially students
of color.
(11) Research shows that increasing diversity in the
teaching profession can have positive impacts on student
educational experiences and outcomes. Students of color
demonstrate greater academic achievement and social-emotional
development in classes with teachers of color. Studies also
suggest that all students, including White students, benefit
from having teachers of color because they bring distinctive
knowledge, experiences, and role modeling to the student body
as a whole.
(12) Effective school leadership is second only to direct
classroom instruction among school-based factors in raising
student achievement, and principal impact is greatest in low-
achieving, high-poverty, and minority schools.
(13) Principals improve teaching and learning through their
ability--
(A) to shape a vision of academic success for all
students;
(B) to create a safe and supportive school climate;
(C) to cultivate leadership among teachers and
other school staff;
(D) to improve instruction; and
(E) to manage people, data, and processes to foster
school improvement.
(14) Recent research from the Wallace Foundation on
principals' impact on students and schools notes that it is
difficult to envision a higher return on investment in
kindergarten through grade 12 education than the cultivation of
high-quality school leadership.
(15) In the 2015-2016 school year, only 22 percent of
public school principals were individuals of color, including
11 percent who identified as Black and 8 percent who identified
as Hispanic.
(16) Minority teachers, school leaders, and other educators
can also serve as cultural ambassadors who help students feel
more welcome at school or as role models.
SEC. 3. EDUCATOR QUALITY ENHANCEMENT.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended to read as follows:
``TITLE II--EDUCATOR QUALITY ENHANCEMENT
``SEC. 200. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this title are to--
``(1) build the capacity of educator preparation programs
to ensure that all students have access to diverse, profession-
ready educators;
``(2) provide incentives to individuals to enroll in and
complete high-quality educator preparation programs in high-
need fields at the baccalaureate or graduate levels at
institutions of higher education, particularly to individuals
who belong to groups that are currently underrepresented in the
education profession;
``(3) authorize investments in higher education educator
preparation programs along with critical State and local
partners to support and expand promising and successful
practices; and
``(4) create mechanisms to integrate innovations in the
preparation of profession-ready educators to meet the ever
changing needs of students and schools.
``(b) Definitions.--In this title:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of
an institution of higher education, any academic unit
that offers one or more academic majors in disciplines
or content areas corresponding to the academic subject
matter areas in which teachers provide instruction; and
``(B) when referring to a specific academic subject
area, the disciplines or content areas in which
academic majors are offered by the arts and sciences
organizational unit.
``(2) Certification or licensure.--The term `certification
or licensure' means State requirements for certification or
licensure to teach in that State, and may include the
following:
``(A) A regular or standard State certificate or
advanced professional certificate.
``(B) A probationary certificate.
``(C) A temporary or provisional certificate.
``(D) A waiver or emergency certificate.
``(3) Children from low-income families.--The term
`children from low-income families' means children counted
under section 1124(c)(1)(A) of the Elementary and Secondary
Education Act of 1965.
``(4) Early childhood educator.--The term `early childhood
educator' means an individual with primary responsibility for
the education of children in an early childhood education
program.
``(5) Early childhood education program.--The term `early
childhood education program' means a public education program
serving children from birth through age 8, and may include a
Head Start program or an Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), including a
migrant or seasonal Head Start program, an Indian Head Start
program, or a Head Start program or an Early Head Start program
that also receives State funding or a public preschool program.
``(6) Educational service agency.--The term `educational
service agency' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.
``(7) Educator.--The term `educator' means a teacher,
principal, school leader, specialized instructional support
personnel, or other staff member who provides or directly
supports instruction, such as a school librarian, or counselor.
``(8) Educator preparation program.--The term `educator
preparation program' means a program that leads to a regular or
standard State certificate or advanced professional certificate
for an educator.
``(9) Eligible partnership.--The term `eligible
partnership' means an entity that--
``(A) includes--
``(i) a high-need local educational agency;
``(ii)(I) a high-need school or a
consortium of high-need schools served by the
high-need local educational agency; or
``(II) as appropriate, a high-need early
childhood education program;
``(iii) a partner institution; and
``(iv) a school, department, or program of
education within such partner institution,
which may include an existing teacher
professional development program with
demonstrated outcomes within a four-year
institution of higher education that provides
intensive and sustained collaboration between
faculty and local educational agencies
consistent with the requirements of this title;
and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher
education.
``(v) A business.
``(vi) A public or private nonprofit
educational organization.
``(vii) An educational service agency.
``(viii) A teacher organization.
``(ix) A school leader organization.
``(x) An organization representing
specialized instructional support personnel.
``(xi) A high-performing local educational
agency, or a consortium of such local
educational agencies, that can serve as a
resource to the partnership.
``(xii) A charter school (as defined in
section 4310 of the Elementary and Secondary
Education Act of 1965).
``(xiii) A school or department of arts and
sciences within the partner institution.
``(xiv) A school or department within the
partner institution that focuses on psychology
and human development.
``(xv) A school or department within the
partner institution with comparable expertise
in the disciplines of teaching, learning, and
child and adolescent development.
``(xvi) A public or nonprofit entity
operating a program that provides alternative
routes to State certification of teachers.
``(10) English learner.--The term `English learner' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Evidence-based.--The term `evidence-based' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(12) Evidence of student learning.--The term `evidence of
student learning' means multiple measures of student learning
that include the following:
``(A) Valid and reliable student assessment data,
which may include data--
``(i) based on--
``(I) student learning gains on
State student academic assessments
under section 1111(b)(2) of the
Elementary and Secondary Education Act
of 1965; or
``(II) student academic achievement
assessments used at the national,
State, or local educational agency
level, where available and appropriate
for the curriculum and students taught;
``(ii) from classroom-based formative
assessments;
``(iii) from classroom-based summative
assessments; and
``(iv) from objective performance-based
assessments.
``(B) Not less than one of the following additional
measures:
``(i) Student work, including measures of
performance criteria and evidence of student
growth.
``(ii) Teacher-generated information about
student goals and growth.
``(iii) Parent or caregiver feedback about
student goals and growth.
``(iv) Student feedback about learning and
teaching supports.
``(v) Assessments of effective engagement
and self-efficacy.
``(vi) Other appropriate measures, as
determined by the State.
``(13) High-need early childhood education program.--The
term `high-need early childhood education program' means an
early childhood education program serving children from low-
income families that is located within the geographic area
served by a high-need local educational agency.
``(14) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) that serves not fewer than 10,000 low-
income children;
``(ii) for which not less than 20 percent of the
children served by the agency are low-income children;
``(iii) that meets the eligibility requirements for
funding under the Small, Rural School Achievement
Program under section 5211(b) of the Elementary and
Secondary Education Act of 1965 or the Rural and Low-
Income School Program under section 5221(b) of such
Act; or
``(iv) that has a percentage of low-income children
that is in the highest quartile among such agencies in
the State; and
``(B)(i) for which a majority of schools are
identified for comprehensive support and improvement
under section 1111(c)(4)(D) of the Elementary and
Secondary Education Act of 1965, targeted support and
improvement under section 1111(d)(2) of the Elementary
and Secondary Education Act of 1965, or additional
targeted support under section 1111(d)(2)(C) of the
Elementary and Secondary Education Act of 1965;
``(ii) for which 1 or more schools served by the
agency has a high teacher turnover rate or a high
percentage of teachers with emergency, provisional, or
temporary certification or licensure; or
``(iii) for which there is a high percentage of
positions in State-identified areas of teacher or
school leader shortage, including in special education,
English language instruction, science, technology,
engineering, mathematics, and career and technical
education.
``(15) High-need school.--
``(A) In general.--The term `high-need school'
means a school that, based on the most recent data
available, meets one or both of the following:
``(i) The school is in the highest quartile
of schools in a ranking of all schools served
by a local educational agency, ranked in
descending order by percentage of students from
low-income families enrolled in such schools,
as determined by the local educational agency
based on one of the following measures of
poverty:
``(I) The percentage of students
aged 5 through 17 in poverty counted in
the most recent census data approved by
the Secretary.
``(II) The percentage of students
eligible for a free or reduced price
school lunch under the Richard B.
Russell National School Lunch Act.
``(III) The percentage of students
in families receiving assistance under
the State program funded under part A
of title IV of the Social Security Act.
``(IV) The percentage of students
eligible to receive medical assistance
under the Medicaid program.
``(V) A composite of two or more of
the measures described in subclauses
(I) through (IV).
``(ii) In the case of--
``(I) an elementary school, the
school serves students not less than 60
percent of whom are eligible for a free
or reduced price school lunch under the
Richard B. Russell National School
Lunch Act; or
``(II) any other school that is not
an elementary school, the other school
serves students not less than 45
percent of whom are eligible for a free
or reduced price school lunch under the
Richard B. Russell National School
Lunch Act.
``(B) Special rule.--
``(i) Designation by the secretary.--The
Secretary may, upon approval of an application
submitted by an eligible partnership seeking a
grant under this title, designate a school that
does not qualify as a high-need school under
subparagraph (A) as a high-need school for the
purpose of this title. The Secretary shall base
the approval of an application for designation
of a school under this clause on a
consideration of the information required under
clause (ii), and may also take into account
other information submitted by the eligible
partnership.
``(ii) Application requirements.--An
application for designation of a school under
clause (i) shall include--
``(I) the number and percentage of
students attending such school who
are--
``(aa) aged 5 through 17 in
poverty counted in the most
recent census data approved by
the Secretary;
``(bb) eligible for a free
or reduced price school lunch
under the Richard B. Russell
National School Lunch Act;
``(cc) in families
receiving assistance under the
State program funded under part
A of title IV of the Social
Security Act; or
``(dd) eligible to receive
medical assistance under the
Medicaid program;
``(II) information about the
student academic achievement of
students at such school; and
``(III) for a secondary school, the
graduation rate for such school.
``(16) Induction program.--The term `induction program'
means a formalized program for new educators during not less
than the educators' first 2 years in the profession that is
designed to provide support for, and improve the professional
performance and advance the retention in the field of,
beginning educators. Such program shall promote effective
teaching skills, instructional leadership skills, and
profession-readiness for educators and shall include the
following components:
``(A) High-quality mentoring.
``(B) Periodic, structured time for collaboration
with educators in the same department or field,
including mentor teachers, as well as time for
information-sharing among teachers, principals,
administrators, other appropriate instructional staff,
and participating faculty in the partner institution.
``(C) The application of evidence-based practice on
instructional practices.
``(D) Opportunities for new educators to draw
directly on the expertise of mentors, faculty, and
researchers to support the integration of evidence-
based practice and research with practice.
``(E) The development of skills in instructional
and behavioral interventions derived from evidence-
based practice and, where applicable, research.
``(F) Faculty who--
``(i) model the integration of research and
practice in instruction;
``(ii) model personalized instruction; and
``(iii) assist new educators with the
effective use and integration of technology in
instruction.
``(G) Interdisciplinary collaboration among
exemplary educators, faculty, researchers, and other
staff who prepare new educators with respect to the
learning process and the assessment of learning.
``(H) Assistance with the understanding of evidence
of student learning and the applicability of such
evidence in classroom instruction.
``(I) The development of skills to implement and
support evidence-based practices that create a positive
and inclusive school culture and climate.
``(J) Regular and structured observation and
evaluation of new educators by multiple evaluators,
using valid and reliable measures of teaching skills,
instructional leadership skills, and profession-
readiness.
``(17) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a).
``(18) Parent.--The term `parent' has the meaning given the
term in section 8101 of the Elementary and Secondary Education
Act of 1965.
``(19) Partner institution.--The term `partner institution'
means an institution of higher education, which may include a
2-year institution of higher education offering a dual program
with a 4-year institution of higher education, participating in
an eligible partnership that has a teacher preparation program
that--
``(A) has a record of preparing profession-ready
educators;
``(B) is approved by the State to offer an educator
preparation program; and
``(C) is not low-performing, as determined by the
State.
``(20) Professional development.--The term `professional
development' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965.
``(21) Profession-ready.--The term `profession-ready'--
``(A) when used with respect to a principal, means
a principal who--
``(i) has an advanced degree, or other
appropriate credential;
``(ii) has completed a principal
preparation process and is fully certified and
licensed by the State in which the principal is
employed;
``(iii) has demonstrated instructional
leadership, including the ability to collect,
analyze, and use data on evidence of student
learning and evidence of classroom practice;
``(iv) has demonstrated proficiency in
professionally recognized leadership standards,
such as through--
``(I) a performance assessment;
``(II) completion of a residency
program; or
``(III) other measures of
leadership, as determined by the State;
``(v) has demonstrated the ability to work
with students who are culturally and
linguistically diverse;
``(vi) has demonstrated skill as an
instructional leader; and
``(vii) has demonstrated proficiency in the
use of instructional technology, assistive
technology, and the application of technology
to create equity and access for all students;
``(B) when used with respect to a teacher, means a
teacher who--
``(i) has completed a teacher preparation
program and has a certification or licensure
described in paragraph (2)(A) for the State in
which the teacher teaches;
``(ii) has demonstrated content knowledge
in the subject or subjects the teacher teaches;
``(iii) has demonstrated the ability to
work with students who are culturally and
linguistically diverse; and
``(iv) has demonstrated teaching skills,
such as through--
``(I) a teacher performance
assessment; or
``(II) other measures of teaching
skills, as determined by the State; and
``(C) when used with respect to any other educator
not described in subparagraphs (A) or (B), means an
educator who has completed an appropriate preparation
program and has a certification or licensure described
in paragraph (2)(A) for the State in which the educator
is employed.
``(22) School leader residency program.--The term `school
leader residency program' has the meaning given that term in
section 2002 of the Elementary and Secondary Education Act of
1965.
``(23) Social and emotional learning.--The term `social and
emotional learning' means the process through which all young
people and adults acquire and apply the knowledge, skills, and
attitudes to develop healthy identities, manage emotions,
achieve personal and collective goals, empathize with others,
establish and maintain supportive relationships, and make
responsible and caring decisions.
``(24) Specialized instructional support personnel.--The
term `specialized instructional support personnel' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(25) Teacher mentoring.--The term `teacher mentoring'
means the mentoring of new or prospective teachers through a
program that--
``(A) includes clear criteria for the selection of
teacher mentors who will provide role model
relationships for mentees, which criteria shall be
developed by the eligible partnership and based on
measures of teacher effectiveness;
``(B) provides evidence-based training for such
mentors, including instructional strategies for
literacy instruction and classroom management
(including approaches that improve the schoolwide
climate for learning, which may include positive
behavioral interventions and supports and social and
emotional learning);
``(C) provides regular and ongoing opportunities
for mentors and mentees to observe each other's
teaching methods in classroom settings during the day
in a high-need school in the high-need local
educational agency in the eligible partnership;
``(D) provides paid release time for mentors, as
applicable;
``(E) provides mentoring to each mentee by a
colleague who teaches in the same field, grade, or
subject as the mentee;
``(F) promotes evidence-based research on--
``(i) teaching and learning;
``(ii) assessment of student learning;
``(iii) the development of teaching skills
through the use of instructional and behavioral
interventions; and
``(iv) the improvement of the mentees'
capacity to measurably advance student
learning;
``(G) integrates technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning and technology to collect, manage, and analyze
data to improve teaching and learning for the purpose
of improving student learning outcomes; and
``(H) includes--
``(i) common planning time or regularly
scheduled collaboration for the mentor and
mentee; and
``(ii) joint professional development
opportunities.
``(26) Teacher residency program.--The term `teacher
residency program' has the meaning given that term in section
2002 of the Elementary and Secondary Education Act of 1965.
``(27) Teaching skills.--The term `teaching skills' means
skills that enable a teacher to--
``(A) increase student learning, achievement, and
the ability to apply knowledge;
``(B) convey and explain academic subject matter;
``(C) teach higher-order analytical, evaluation,
problem-solving, and communication skills;
``(D) employ strategies grounded in the disciplines
of teaching and learning that--
``(i) are based on evidence, practice, and
research, where applicable, related to teaching
and learning;
``(ii) are specific to academic subject
matter; and
``(iii) focus on the identification of
students' specific learning needs, particularly
students with disabilities, students who are
English learners, students who are gifted and
talented, and students with low literacy
levels, and the tailoring of academic
instruction to such needs;
``(E) design and conduct an ongoing assessment of
evidence of student learning, which may include the use
of formative or diagnostic assessments, performance-
based assessments, project-based assessments, or
portfolio assessments, that measures higher-order
thinking skills (including application, analysis,
synthesis, and evaluation) and use this information to
inform and personalize instruction;
``(F) support the social, emotional, and academic
achievement of all students, including by effectively
creating an inclusive classroom environment, and
implementing positive behavioral interventions, trauma-
informed care, and other support strategies that
enhance student motivation and engagement;
``(G) incorporate the principles of universal
design for learning;
``(H) integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning and technology to collect, manage, and analyze
data to improve teaching and learning for the purpose
of improving student learning outcomes;
``(I) communicate and work with parents, and
involve parents in their children's education; and
``(J) use, in the case of an early childhood
educator, age-appropriate and developmentally
appropriate strategies and practices for children in
early childhood education programs.
``(28) Teacher performance assessment.--The term `teacher
performance assessment' means a pre-service assessment used to
measure teacher performance that is approved by the State and
is--
``(A) based on professional teaching standards;
``(B) used to measure the effectiveness of a
teacher's--
``(i) curriculum planning;
``(ii) instruction of students, including
appropriate plans and modifications for
students who are English learners and students
who are children with disabilities;
``(iii) assessment of students, including
analysis of evidence of student learning; and
``(iv) ability to advance student learning;
``(C) validated based on professional assessment
standards;
``(D) reliably scored by trained evaluators, with
appropriate oversight of the process to ensure
consistency; and
``(E) used to support continuous improvement of
educator practice.
``(29) Teacher preparation entity.--The term `teacher
preparation entity' means an institution of higher education, a
nonprofit organization, or an organization that is approved by
the State to prepare teachers to be effective in the classroom.
``(30) Teacher preparation program.--The term `teacher
preparation program' means a program offered by a teacher
preparation entity that leads to a specific State teacher
certification.
``PART A--GRANTS TO STATES FOR STRENGTHENING EDUCATOR PREPARATION
``SEC. 201. ALLOTMENTS TO STATES.
``(a) Program Authorized.--
``(1) Reservation of funds.--From the total amount
appropriated to carry out this part for a fiscal year, the
Secretary shall reserve--
``(A) one-half of 1 percent for allotments for the
outlying areas (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965) to
carry out this part, to be distributed among those
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(B) one-half of 1 percent for the Secretary of
the Interior to carry out this part for schools
operated or funded by the Bureau of Indian Education.
``(2) Formula.--From amounts made available to carry out
this part and not reserved under paragraph (1), the Secretary
shall allot funds to each State having an approved application
under this section to carry out this part in proportion to each
such State's share of funding under part A of title I of the
Elementary and Secondary Education Act of 1965, except that no
State shall receive less than 0.5 percent of the amounts made
available to carry out this paragraph.
``(3) State.--Notwithstanding section 103, in this section
the term `State' means the several States of the United States,
the Commonwealth of Puerto Rico, and the District of Columbia.
``(4) Uses of funds.--
``(A) Development of the strategic plan.--Each
State may use an amount equal to not more than 30
percent of the amount allotted to the State, for a
period not to exceed 1 year, to carry out activities
related to the development of the strategic plan, as
described in subsection (c).
``(B) Subsequent years.--For each year following
the first year after receiving an allotment under this
section, the State--
``(i) shall use not less than 95 percent of
the amount allotted to the State under this
section to carry out activities described in
subsection (d); and
``(ii) may use not more than 5 percent of
the amounts allotted to the State under this
section for administration and accountability
and reporting requirements.
``(b) Application.--Each State desiring an allotment under this
section shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
require. Each such application shall contain--
``(1) the identification of a State agency to lead the
grant, which shall be determined by the Governor in
consultation with the State educational agency;
``(2) a description of the certification or licensing
requirements with respect to each form of certification or
licensure described in section 200(b)(2) for early childhood,
elementary school, and secondary school teachers in the State
at the time of the application;
``(3) a description of the certification or licensing
requirements with respect to each form of certification or
licensure described in section 200(b)(2) for specialized
instructional support personnel;
``(4) a description of the State authorization requirements
for teacher preparation programs (including alternate and
traditional routes to certification) and the number of teacher
preparation programs authorized in the State (including
alternative and traditional routes to certification);
``(5) a description of the teacher preparation needs
assessment that the State will conduct, including how the State
will assess--
``(A) teacher workforce needs for public preschool,
elementary, and secondary schools in the State;
``(B) the number and percentage of teachers of
record who are not profession-ready as described in
section 200(b)(20)(B);
``(C) the demographics of the student population
and the demographics of the educator workforce, and the
extent to which the educator workforce reflects the
demographics of the student population;
``(D) high-need fields, high-need schools, and
high-need local educational agencies;
``(E) the State's educator equity plan described in
section 1111(g)(1)(B) of the Elementary and Secondary
Education Act of 1965;
``(F) the extent to which currently authorized
teacher preparation programs in the State are producing
profession-ready candidates; and
``(G) the capacity of programs that are authorized
in the State, as of the time of the application, to
meet the State's teacher workforce needs, including the
capacity of--
``(i) pipeline programs, such as associate
degree to baccalaureate transfer pathway
programs with community colleges;
``(ii) `grow your own' programs that
provide pathways to standard teacher
certification through partnerships between
local educational agencies, institutions of
higher education, and community-based
organizations to recruit and prepare community
members to become teachers in local schools;
``(iii) career awareness programs,
including career and technical education and
other pathways, in public schools; and
``(iv) programs to support the career
progression of educators, including retention,
leadership opportunities, and professional
development;
``(6) a description of the school leader, principal, and
other educator preparation needs assessment that the State will
conduct, including how the State will assess--
``(A) the principal and other educator workforce
needs for public preschools and elementary and
secondary schools in the State;
``(B) high-need positions, high-need schools, and
high-need local educational agencies;
``(C) the extent to which authorized educator
preparation programs in the State, as of the time of
the application, are producing profession-ready
candidates; and
``(D) the capacity of programs authorized in the
State, as of the time of the application, to meet the
State's principal and other educator needs, including
meeting nationally recognized ratios for specialized
instructional support personnel in schools, where
applicable; and
``(7) a timeline for the State's activities to develop a
strategic plan, including a timeline for stakeholder engagement
with administrators of institutions of higher education,
elementary school and secondary school principals and
administrators, educator preparation programs, teachers,
specialized instructional support personnel, parents, students,
civil rights organizations, community-based organizations, and
workforce development programs.
``(c) Development of a Strategic Plan.--During the first year after
receiving an allotment under this section, a State may use not more
than 30 percent of the funds allotted to conduct the needs assessments
described in paragraphs (5) and (6) of subsection (b) and develop a
strategic plan for the State to improve educator preparation programs
to address the needs identified in paragraphs (5) and (6) of subsection
(b).
``(d) Submission of Strategic Plan.--Not later than 1 year after
receiving an allotment under this section, each State shall submit a
strategic plan to the Secretary, which shall contain the following
information:
``(1) The State's goals relating to educator preparation,
supporting quantitative and qualitative evidence for those
goals, and intermediate and long-term implementation timelines.
``(2) The results of the needs assessments described in
paragraphs (5) and (6) of subsection (b).
``(3) The State's plan for meeting the educator workforce
needs in the State, including how the State will prioritize
institutions of higher education with the greatest share of
prospective educators, institutions that enroll the highest
percentage of prospective educators from underrepresented
groups, and institutions of higher education with the highest
placement of educators in the State.
``(4) The State's plan for removing barriers to an
inclusive and equitable workforce that supports the needs of
populations that are underrepresented in the field of
education, including teachers of color, first generation
college students, and teachers with disabilities, including
recruitment, preparation, and retention.
``(e) Authorized Activities.--A State shall use funds allotted
under this section to implement the strategic plan submitted under
subsection (d), which may include the following activities:
``(1) Strengthening and professionalizing educator
certification and licensure, and other credentialing, so that
it aligns with evidence-based practices and high professional
standards.
``(2) Developing and implementing an equitable and
evidence-based State approval system for alternative route
program providers and programs and traditional and alternative
route programs at institutions of higher education.
``(3) Supporting the implementation of evidence-based
performance assessments for teacher licensure or certification
in the State.
``(4) Regularly assessing the workforce needs of
prekindergarten through grade 12 educators across the State,
including the diversity of the workforce, and providing that
information to institutions of higher education that prepare
educators in the State.
``(5) Providing transparency to the public as to how
authorized educator preparation programs are meeting
professional standards and requirements.
``(6) Providing subgrants to partner institutions,
consortia of partner institutions, or eligible partnerships, to
enable those institutions and partnerships to carry out
activities related to the strategic plan described in
subsection (d), including--
``(A) developing and offering induction, mentoring,
or professional and leadership coaching for all novice
teachers and principals in a high-need local
educational agency, which shall be provided by faculty
or staff at the institution of higher education and
teachers and school leaders;
``(B) developing and offering professional
development that brings research to practice for
educators in schools of district partners;
``(C) developing and offering second endorsement
coursework;
``(D) creating and expanding dual certification
programs in special education and general education;
``(E) developing and offering `grow your own'
programs;
``(F) developing or strengthening career ladder
positions for educators, such as teacher leaders, with
certification requirements and coursework leading to
certification, which may include nationally recognized,
standards-based advanced certification;
``(G) designing and implementing statewide pre-
service residencies for teacher and principal
candidates using the model described in section 202(e)
of the Higher Education Act of 1965 as in effect on the
day before the date of enactment of the EDUCATORS for
America Act;
``(H) developing and implementing a statewide best
practices network for the preparation of profession-
ready educators; and
``(I) creating or expanding teaching fellows
programs whereby individuals preparing to be teachers
receive tuition waivers for use in comprehensive
preparation provided by a teacher preparation program
that includes extensive clinical experience that is
tightly aligned to coursework, before becoming the
teacher of record, in exchange for teaching in one of
the identified workforce need areas in the State for a
period of years.
``(f) Annual Report on the Implementation of the Strategic Plan.--
Each State receiving an allotment under this section shall make
publicly available a report, on an annual basis, on the implementation
of the strategic plan submitted under subsection (d).
``(g) Maintenance of Effort.--
``(1) In general.--A State shall provide for activities
described in this section in such State, an amount which is
equal to or greater than the average amount provided for such
activities by such State during the 3 most recent preceding
fiscal years for which satisfactory data are available.
``(2) Waiver.--Notwithstanding paragraph (1), the Secretary
may waive the requirements of this subsection if the Secretary
determines that a waiver would be equitable due to--
``(A) exceptional or uncontrollable circumstances,
such as a natural disaster or a change in the
organizational structure of the State; or
``(B) a precipitous decline in the financial
resources of the State.
``(h) State Maintenance of Equity.--As a condition of receiving an
allotment under this section, a State shall meet the maintenance of
equity requirements in section 2004(b) of the of the American Rescue
Plan Act of 2021 (Public Law 117-2).
``(i) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``SEC. 202. ACCOUNTABILITY FOR EQUITABLE ACCESS TO PROFESSION-READY
TEACHERS.
``(a) Institutional and Program Annual Reports.--
``(1) Annual reporting.--Each teacher preparation entity
approved to operate teacher preparation programs in the State
and that receives or enrolls students receiving Federal
assistance shall report annually to the State and the general
public, in a uniform and comprehensible manner that conforms
with the definitions and methods established by the Secretary,
the following:
``(A) Pass rates.--For the most recent year for
which the information is available for each teacher
preparation program offered by the teacher preparation
entity, the following:
``(i) Except as provided in clause (ii),
for those students who took the assessments
used for teacher certification or licensure by
the State in which the entity is located and
are enrolled in the teacher preparation
program, the percentage of such students who
passed such assessment.
``(ii) In the case of an entity that
requires a valid and reliable teacher
performance assessment in order to complete the
preparation program, the entity may submit in
lieu of the information described in clause (i)
the pass rate of students taking the teacher
performance assessment.
``(B) Entity information.--A description of the
following:
``(i) The number of students in the entity
(disaggregated by race, ethnicity, sex, and
disability status).
``(ii) The number of hours of supervised
clinical preparation required for each program.
``(iii) The total number of students who
have completed programs for certification or
licensure (disaggregated by subject area and by
race, ethnicity, sex, and disability status,
except that such disaggregation, consistent
with applicable privacy laws, shall not be
required in a case in which the result would
reveal personally identifiable information
about an individual student).
``(iv) The criteria for admission into the
program.
``(v) The number of full-time equivalent
faculty, adjunct faculty, and students in
supervised clinical experience.
``(C) Accreditation.--Whether the program or entity
is accredited by a specialized accrediting agency
recognized by the Secretary for accreditation of
professional teacher education programs.
``(D) Designation as low-performing.--Which
programs (if any) offered by the entity have been
designated as low-performing by the State under section
207(a).
``(b) Annual State Report on Teacher Preparation.--
``(1) In general.--Each State that receives funds under
this part shall provide to the Secretary, and make widely
available to the general public, in a uniform and
comprehensible manner that conforms with the definitions and
methods established by the Secretary, an annual State report on
educator preparation in the State, both for traditional teacher
preparation programs and for alternative routes to State
certification or licensure programs, which shall include not
less than the following:
``(A) A description of the teacher certification
and licensure assessments, including teacher
performance assessments, and any other certification
and licensure requirements, used by the State,
including evidence on validity and reliability of those
assessments and the methods used to determine
performance standards.
``(B) The standards and criteria that prospective
teachers must meet to--
``(i) attain certification or licensure
described under each of subparagraphs (A), (B),
(C), and (D) of section 200(b)(2); and
``(ii) be certified or licensed to teach
particular academic subjects, areas, or grades
within the State.
``(C)(i) The number of certifications or licensures
described under each of subparagraphs (A), (B), (C),
and (D) of section 200(b)(2) issued by the State,
disaggregated by grade and subject area.
``(ii) The number and percentage of teachers who
received a certification or licensure described in
section 200(b)(2)(A) and who did not complete any
formal teacher preparation program, but have received
such certification or licensure by alternative means
such as passing a test, disaggregated by field.
``(iii) The number and percentage of teachers of
record who are not profession-ready, disaggregated by
field.
``(D)(i) Except as provided in clause (ii), for
each of the assessments used by the State for teacher
certification or licensure, the pass rates of such
assessments for individuals having completed each
teacher preparation entity in the State and for all
such entities, disaggregated by subject area, race,
ethnicity, sex, and disability status, except that such
disaggregation shall not be required in a case in which
the result would reveal personally identifiable
information about an individual.
``(ii) In the case of a State that has implemented
a valid and reliable teacher performance assessment,
the State may submit in lieu of the information
described in clause (i) the pass rate of students
taking the teacher performance assessment,
disaggregated by subject area, race, ethnicity, sex,
and disability status, except that such disaggregation
shall not be required in a case in which the result
would reveal personally identifiable information about
an individual student.
``(E) For each teacher preparation program in the
State the following:
``(i) The number of students in the program
(disaggregated by race, ethnicity, sex, and
disability status).
``(ii) The number of hours of supervised
clinical preparation required.
``(iii) Whether such program has been
identified as low-performing and during which
years of operation.
``(F) A description of alternative routes to
teacher certification or licensure in the State
(including any such routes operated by entities that
are not institutions of higher education), if any,
including, for each of the assessments used by the
State for teacher certification or licensure, the
percentage of individuals participating in such routes,
or who have completed such routes during the two-year
period preceding the date for which the determination
is made, who passed each such assessment.
``(G) The percentage of candidates completing
programs in each field, including special education,
who use alternate routes compared to those who complete
traditional programs.
``(H) A description of the State's criteria for
assessing the performance of teacher preparation
programs within institutions of higher education in the
State. Such criteria shall include indicators of the
academic content knowledge and teaching skills of
students enrolled in such programs.
``(I) For each teacher preparation program in the
State--
``(i) the number of students in the
program, disaggregated by race, ethnicity, sex,
and disability status (except that such
disaggregation shall not be required in a case
in which the number of students in a category
would reveal personally identifiable
information about an individual student); and
``(ii) the range and average number of
hours of supervised clinical experience
required for those in the program.
``(J) For the State as a whole, and for each
teacher preparation entity in the State, the number of
teachers prepared, in the aggregate and reported
separately by the following:
``(i) Area of certification or licensure.
``(ii) Academic major.
``(iii) Subject area for which the teacher
has been prepared to teach.
``(iv) The relationship of the subject area
and grade span of teachers graduated by the
teacher preparation entity to the teacher
workforce needs of the State.
``(v) The percentage of teachers graduated
teaching in high-need schools.
``(vi) Race, ethnicity, sex, and disability
status.
``(K) A comparison of standard licenses and
certifications issued to the areas of identified
teacher shortage in the State.
``(L) The capacity of the statewide longitudinal
data system to report valid and reliable outcome data
on the graduates of teacher preparation entities in the
State and where available the results of such data on
the following:
``(i) Job placement of program completers
within 12 months of graduation.
``(ii) Retention of program completers in
teaching after 3 years.
``(iii) Other outcome indicators used by
the State, such as average results from teacher
evaluations.
``(2) Prohibition against creating a national list.--The
Secretary shall not create a national list or ranking of
States, institutions, or schools using the information provided
under this subsection.
``(3) No requirement for reporting on students not residing
in the state.--Nothing in this section shall require a State to
report data on program completers who do not reside in such
State.
``(c) Data Quality.--The Secretary shall prescribe regulations to
ensure the reliability, validity, integrity, accuracy, and consistency
of the data submitted pursuant to this section.
``(d) Report of the Secretary on Teacher Preparation.--
``(1) Report.--The Secretary shall, until 2025, annually
provide to the authorizing committees, and publish and make
widely available, a report on teacher qualifications and
preparation in the United States, including all the information
reported in subparagraphs (A) through (L) of subsection (b)(1).
``(2) Enhanced report.--
``(A) Recommendations.--The Secretary shall
instruct the National Center for Education Statistics
to convene an expert panel that includes researchers
and practitioners to study and make recommendations for
revised reporting of teacher qualifications and
preparation in the United States. The recommendations
shall include suggestions for how to--
``(i) consolidate and streamline reporting
across existing Federal and State requirements
and Federal data collections to provide a
concise and robust set of State and national
indicators on the size, diversity, and quality
of the teacher workforce and the equitable
distribution of profession-ready teachers; and
``(ii) reduce reporting burdens on educator
preparation entities, local educational
agencies, and States.
``(B) Revised reporting.--The Secretary shall
publish revised reporting requirements of teacher
qualifications and preparation in the United States in
the Federal Register with sufficient time for the new
reporting requirements to be in place for 2025.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than ten scores reported on any single
initial teacher certification or licensure assessment during an
academic year, the Secretary shall collect and publish, and
make publicly available, information with respect to an average
pass rate on each State certification or licensure assessment
taken over a three-year period.
``(e) Coordination.--The Secretary, to the extent practicable,
shall coordinate the information collected and published under this
part among States for individuals who took State teacher certification
or licensure assessments in a State other than the State in which the
individual received the individual's most recent degree.
``SEC. 203. STATE FUNCTIONS.
``(a) State Assessment.--
``(1) In general.--In order to receive funds under this
part, a State shall conduct an assessment to identify low-
performing teacher preparation programs in the State and to
assist such programs through the provision of technical
assistance.
``(2) Provision of low-performing list.--Each State
described in paragraph (1) shall--
``(A) provide the Secretary with an annual list of
low-performing teacher preparation programs;
``(B) report any teacher preparation program that
has been closed and the reasons for such closure; and
``(C) describe the criteria determined under
paragraph (3) for identifying low performing programs.
``(3) Determination of low-performing programs.--The levels
of performance and the criteria for meeting those levels for
purposes of the assessment under paragraph (1) shall be
determined by the State in consultation with a representative
group of community stakeholders, including, at a minimum,
representatives of leaders and faculty of traditional and
alternative route teacher preparation programs, prekindergarten
through 12th grade leaders and instructional staff, current
teacher candidates participating in traditional and alternative
route teacher preparation programs, the State's standards board
or other appropriate standards body, and other stakeholders
identified by the State. In making such determination, the
State shall consider multiple measures and the information
reported by teacher preparation entities under section 202.
``(b) Reporting and Improvement.--In order to receive funds under
this part, a State shall--
``(1) report any teacher preparation programs described in
subparagraphs (A) or (B) of subsection (a)(2) to the Secretary;
``(2) establish a period of improvement and redesign (as
established by the State) for programs identified as low-
performing under subsection (a);
``(3) provide programs identified as low-performing with
technical assistance for a period of not longer than 5 years;
and
``(4) subject low-performing programs that have not
improved to the provisions described in subsection (c) (as
determined by the State).
``(c) Termination of Eligibility.--Any teacher preparation program
that is low-performing and has not improved for a period of 5 years--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department;
``(2) may not be permitted to provide new awards under
subpart 9 of part A of title IV; and
``(3) shall provide transitional support, including
remedial services if necessary, for students enrolled in the
program in the year prior to such closure.
``(d) Application of the Requirements.--The requirements of this
section shall apply to both traditional teacher preparation programs
and alternative routes to State certification or licensure programs.
``SEC. 204. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 202 and 203, the
Secretary shall ensure that States and institutions of higher education
use fair and equitable methods in reporting and that the reporting
methods do not reveal personally identifiable information.
``(b) Special Rule.--For each State that does not use content
assessments as a means of ensuring that all teachers teaching within
the State meet the applicable State certification or licensure
requirements, including any requirements for certification obtained
through alternative routes to certification, in accordance with the
State plan submitted or revised under section 1111 of the Elementary
and Secondary Education Act of 1965, and that each person employed as a
special education teacher in the State who teaches elementary school or
secondary school meets the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act, the
Secretary shall--
``(1) to the extent practicable, collect data comparable to
the data required under this part from States, local
educational agencies, institutions of higher education, or
other entities that administer such assessments to teachers or
prospective teachers; and
``(2) notwithstanding any other provision of this part, use
such data to carry out requirements of this part related to
assessments, pass rates, and scaled scores.
``(c) Release of Information to Educator Preparation Programs.--
``(1) In general.--For the purpose of improving educator
preparation programs, a State that receives funds under this
part, or that participates as a member of a partnership,
consortium, or other entity that receives such funds, shall
provide to an educator preparation program, upon the request of
the educator preparation program, any and all pertinent
education-related information that--
``(A) may enable the educator preparation program
to evaluate the effectiveness of the program's
graduates or the program itself; and
``(B) is possessed, controlled, or accessible by
the State.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the educator preparation
program to enable the educator preparation program to
evaluate the information provided to the program from
the State with the program's own data about the
specific courses taken by, and field experiences of,
the individual graduates; and
``(B) may include--
``(i) kindergarten through grade 12
academic achievement and demographic data,
without revealing personally identifiable
information about an individual student, for
students who have been taught by graduates of
the educator preparation program;
``(ii) teacher effectiveness evaluations
for teachers who graduated from the educator
preparation program; and
``(iii) survey data on program quality as
it relates to the preparedness on different
aspects of teaching or school leadership from
preparation program completers and principals
in schools or superintendents in local
educational agencies where completers are
placed.
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$500,000,000 for fiscal year 2024 and each of the 5 succeeding fiscal
years.
``PART B--GRANTS TO INSTITUTIONS
``SEC. 220. PURPOSES.
``The purposes of this part are to--
``(1) expand the pool of profession-ready diverse educators
to meet the workforce demands of high-need schools and high-
need fields;
``(2) ensure that new teachers, principals, and other
educators are profession-ready and prepared to meet the
learning and social and emotional needs of a diverse student
population in a range of settings, including rural and urban
areas;
``(3) strengthen the quality of prospective and new
teachers, principals, and other educators by strengthening the
preparation of prospective teachers, principals, and other
educators and enhancing professional development activities for
new teachers, principals, and other educators;
``(4) recruit individuals, particularly individuals from
underrepresented populations and individuals from other
occupations, to become teachers, principals, and other
educators; and
``(5) build and strengthen partnerships between educator
preparation programs within institutions of higher education
and local educational agencies and high-need schools in order
to meet the needs of those agencies and schools staffing needs.
``SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part $500,000,000 for fiscal year 2024 and each of the 5
succeeding fiscal years.
``(b) Minimum Appropriations for Each Subpart.--The Secretary shall
ensure that not less than 25 percent of the funds appropriated to carry
out this part for a fiscal year are allocated for each of subparts 1,
2, and 3 of this part.
``Subpart 1--Educator Quality Partnership Grants
``SEC. 222. PARTNERSHIP GRANTS.
``(a) Program Authorized.--From amounts made available under
section 221, the Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships, to enable the eligible
partnerships to carry out the activities described in subsection (c).
``(b) Application.--Each eligible partnership desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. Each such application shall contain--
``(1) a needs assessment of the partners in the eligible
partnership with respect to the preparation, ongoing training,
professional development, and retention of general education
teachers, special education teachers, multilingual education
teachers, principals, other educators (including specialized
instructional support personnel), school librarians, and
counselors, and, as applicable, early childhood educators;
``(2) a description of the extent to which the program to
be carried out with grant funds, as described in subsection
(c), will prepare profession-ready educators with strong
teaching, leadership, and other professional skills necessary
to increase learning and academic achievement;
``(3) a description of how such program will prepare
profession-ready teachers, principals, and other educators to
understand and use research and data to modify and improve
classroom instruction and improve student motivation and
engagement;
``(4) a description of--
``(A) how the eligible partnership will coordinate
strategies and activities assisted under the grant with
other teacher, principal, and other educator
preparation or professional development programs,
including programs funded under part A of this title,
the Elementary and Secondary Education Act of 1965, and
the Individuals with Disabilities Education Act, and
through the National Science Foundation;
``(B) how the activities of the partnership will be
consistent with State and local innovations and
activities, and other education innovations and
activities, that promote educator quality, diversity,
and student academic achievement; and
``(C) how the eligible partnership will develop
strong partnerships between local educational agencies
and institutions of higher education within the
partnership and community connections (which may
include collaboration with teacher and school leader
representatives within the local educational agency) to
ensure that candidates develop an understanding of the
students and families in the communities in which they
will be teaching, prepare candidates to teach in those
communities, and understand school contexts to address
needs in the local educational agency;
``(5) an assessment that describes the resources available
to the eligible partnership, including--
``(A) the integration of funds from other related
sources;
``(B) the intended use of the grant funds; and
``(C) the commitment of the resources of the
partnership to the activities assisted under this
section, including financial support, faculty
participation, and time commitments, and to the
continuation of the activities when the grant ends;
``(6) a description of--
``(A) how the eligible partnership will meet the
purposes of this part;
``(B) how the partnership will carry out the
activities required under subsection (d), (e) or (f),
based on the needs identified in paragraph (1), with
the goal of providing a pipeline of diverse profession-
ready educators needed by the local educational agency
or schools that are part of the eligible partnership;
``(C) if the partnership chooses to use funds under
this section for a project or activities under
subsection (g), how the partnership will carry out such
project or required activities based on the needs
identified in paragraph (1), with the goals of meeting
the workforce needs of the partner local educational
agency or schools that are part of the eligible
partnership through the provision of profession-ready
diverse educators;
``(D) the partnership's evaluation plan under
section 224;
``(E) how the partnership will align the teacher
preparation program under subsection (d) with the--
``(i) State early learning standards for
early childhood education programs, as
appropriate, and with the relevant domains of
early childhood development;
``(ii) State academic standards under
section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965, established by
the State in which the partnership is located;
and
``(iii) activities identified under section
2101 and section 2103 of the Elementary and
Secondary Education Act of 1965 and where
applicable, the school support and improvement
activities identified under section 1111(d) of
that Act;
``(F) how the partnership will prepare educators to
teach and work with students with disabilities,
including training related to early identification of
students with disabilities and participation as a
member of individualized education program teams, as
defined in section 614(d)(1)(B) of the Individuals with
Disabilities Education Act;
``(G) how the partnership will prepare educators to
teach and work with students who are English learners;
``(H) how the partnership will prepare educators to
teach diverse students, including students of different
races, ethnicities, language, gender identity or sexual
orientation, and students with disabilities; and
``(I) how the partnership will design, implement,
or enhance a year-long and evidence-based educator pre-
service clinical program component; and
``(7) with respect to the induction program required as
part of the activities carried out under this section--
``(A) a description of how the educator preparation
program will design and implement an induction program
to support all new educators who are prepared by the
educator preparation program in the partnership and who
are employed in the high-need local educational agency
in the partnership, and, to the extent practicable, all
new educators who teach in such high-need local
educational agency; and
``(B) a description of how higher education faculty
involved in the induction program will be able to
substantially participate in an early childhood
education program or an elementary school or secondary
school classroom setting, as applicable.
``(c) Use of Grant Funds.--An eligible partnership that receives a
grant under this section--
``(1) shall use grant funds to carry out a program for the
pre-baccalaureate or post-baccalaureate preparation of teachers
under subsection (d), a pre-service principal preparation
program under subsection (e), a teaching or principal residency
program under subsection (f), or a combination of such
programs; and
``(2) may use funds to carry out other educator development
programs under subsection (g), based upon the results of the
needs assessment in subsection (b)(1).
``(d) Partnership Grants for the Preparation of Teachers.--An
eligible partnership that receives a grant to carry out a program for
the preparation of teachers shall carry out a pre-baccalaureate teacher
preparation program or a 5th year initial licensing program that
includes all of the following:
``(1) Activities.--
``(A) In general.--Implementing activities,
described in subparagraph (B), within each teacher
preparation program and, as applicable, each
preparation program for early childhood education
programs, of the eligible partnership that is assisted
under this section, to hold each program accountable
for--
``(i) preparing--
``(I) profession-ready teachers;
and
``(II) such teachers and, as
applicable, early childhood educators,
to understand evidence-based research
related to teaching, learning, and
classroom management, and the
applicability of such practice and
research, including strategies to
incorporate universal design for
learning, the effective use of
technology, instructional techniques,
strategies consistent with the
principles of universal design for
learning, and core competencies of
social and emotional learning, and
through positive behavioral
interventions and support strategies to
improve student achievement; and
``(ii) promoting strong teaching skills
and, as applicable, techniques for early
childhood educators to improve children's
cognitive, social, emotional, and physical
development.
``(B) Required activities.--The activities
described in subparagraph (A) shall include--
``(i) implementing teacher preparation
program curriculum changes that improve,
evaluate, and assess how well all prospective
and new teachers develop teaching skills;
``(ii) using evidence-based research, where
applicable, about teaching and learning so that
all prospective teachers and, as applicable,
early childhood educators--
``(I) understand and can implement
evidence-based teaching practices in
classroom instruction;
``(II) have knowledge of the
scientific basis of how students learn,
including the skills to recognize and
evaluate student social and emotional
competencies and needs;
``(III) possess skills to analyze
student academic achievement data and
other measures of student learning, and
use such data and measures to improve
classroom instruction and student
engagement;
``(IV) possess teaching skills and
an understanding of effective
instructional strategies across all
applicable content areas that enable
general education and special education
teachers and early childhood educators
to--
``(aa) meet the specific
social and emotional learning
and academic needs of all
students, including students
with disabilities, students who
are English learners, students
who are gifted and talented,
students with low literacy
levels and, as applicable,
children in early childhood
education programs;
``(bb) differentiate
instruction for such students;
and
``(cc) use culturally
relevant pedagogy and
curricular materials;
``(V) can effectively participate
as a member of the individualized
education program team, as defined in
section 614(d)(1)(B) of the Individuals
with Disabilities Education Act;
``(VI) possess the skills to meet
the academic, social, and emotional
needs of students and create inclusive
and culturally responsive learning
environments; and
``(VII) can successfully employ
effective strategies for comprehensive
literacy instruction (as defined in
section 2221(b) of the Elementary and
Secondary Education Act of 1965);
``(iii) ensuring collaboration with
departments, programs, or units of a partner
institution outside of the teacher preparation
program in all academic content areas, as
appropriate, to ensure that prospective
teachers receive training in both teaching and
relevant content areas in order to meet the
applicable State requirements to becoming fully
certified or licensed as described in section
200(b)(2)(A) and become profession-ready, or
with regard to special education teachers, meet
the qualifications described in section
612(a)(14)(C) of the Individuals with
Disabilities Education Act, which may include
training in multiple subjects to teach multiple
grade levels as may be needed for individuals
preparing to teach in rural communities and for
individuals preparing to teach students with
disabilities;
``(iv) developing admissions goals and
priorities aligned with the hiring objectives
of the high-need local educational agency in
the eligible partnership, which may include
consideration of applicants who reflect the
communities in which they will teach as well as
consideration of individuals from
underrepresented populations in the teaching
profession;
``(v) implementing program and curriculum
changes, as applicable, to ensure that
prospective teachers have the requisite content
knowledge, preparation, and degree to teach
Advanced Placement or International
Baccalaureate courses successfully; and
``(vi) embedding social and emotional
competencies into the program and curriculum,
as applicable, to ensure that new and
prospective teachers have the requisite content
knowledge and skills.
``(2) Clinical experience and interaction.--Developing or
improving a sustained preservice clinical education program to
further develop the teaching skills of all prospective teachers
and, as applicable, early childhood educators, involved in the
program. Such program shall do the following:
``(A) Incorporate year-long opportunities for
enrichment, including--
``(i) clinical learning in classrooms in
high-need schools served by the high-need local
educational agency in the eligible partnership,
and identified by the eligible partnership; and
``(ii) closely supervised interaction
between prospective teachers and faculty,
experienced teachers, principals, other
administrators, and school leaders at early
childhood education programs (as applicable),
elementary schools, or secondary schools, and
providing support for such interaction.
``(B) Integrate pedagogy and classroom practice and
promote effective teaching skills in academic content
areas.
``(C) Provide teacher mentoring.
``(D) Be offered over the course of a program of
teacher preparation.
``(E) Be tightly aligned with course work (and may
be developed as a fifth year of a teacher preparation
program).
``(F) Where feasible, allow prospective teachers to
learn to teach in the same local educational agency in
which the teachers will work, learning the
instructional initiatives and curriculum of that local
educational agency.
``(G) As applicable, provide training and
experience to enhance the teaching skills of
prospective teachers to better prepare such teachers to
meet the unique needs of teaching in rural or urban
communities.
``(H) Provide support and training for individuals
participating in an activity for prospective or new
teachers described in this paragraph or paragraph (1)
or (3), and for individuals who serve as mentors for
such teachers, based on each individual's experience.
Such support may include--
``(i) with respect to a prospective teacher
or a mentor, release time for such individual's
participation;
``(ii) with respect to a faculty member,
receiving course workload credit and
compensation for time teaching in the eligible
partnership's activities; and
``(iii) with respect to a mentor, a
stipend, which may include bonus, differential,
incentive, or performance pay, based on the
mentor's qualifications and responsibilities.
``(3) Induction programs for new teachers.--Creating an
induction program for new teachers or, in the case of an early
childhood education program, providing mentoring or coaching
for new early childhood educators.
``(4) Support and training for participants in early
childhood education programs.--In the case of an eligible
partnership focusing on early childhood educator preparation,
implementing initiatives that increase compensation for early
childhood educators who attain associate or baccalaureate
degrees in early childhood education.
``(5) Teacher recruitment.--Developing and implementing
effective mechanisms to ensure that the eligible partnership is
able to recruit qualified individuals, including individuals
from groups that are underrepresented in the education
profession, to become teachers who meet the applicable State
requirements to be fully certified or licensed as described in
section 200(b)(2)(A) and become profession-ready, and with
regard to special education teachers, meet the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act, through the activities of the
eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
``(A) individuals from underrepresented
populations;
``(B) individuals to teach in rural communities and
teacher shortage areas, including mathematics, science,
special education, career and technical education, and
the instruction of English learners; and
``(C) professionals from other occupations, former
military personnel, and recent college graduates with a
record of academic distinction.
``(6) Literacy training.--Strengthening the literacy
teaching skills of prospective and, as applicable, new
elementary school and secondary school teachers--
``(A) to implement comprehensive literacy
instruction programs (as defined in section 2221(b) of
the Elementary and Secondary Education Act of 1965);
``(B) to use screening, formative, diagnostic and
summative assessments to determine students' literacy
levels, difficulties, and growth in order to improve
classroom instruction and improve student reading and
writing skills;
``(C) to provide individualized, intensive, and
targeted literacy instruction for students with
deficiencies in literacy skills; and
``(D) to integrate literacy skills in the classroom
across subject areas.
``(e) Partnership Grants for Principal Preparation.--An eligible
partnership receiving a grant to carry out an effective program to
prepare profession-ready principals shall carry out a program that
includes the following:
``(1) Development of leadership skills with a demonstrated
impact on student and school success, including the ability to
create a continuous learning environment for teachers, staff,
and students.
``(2) Rigorous recruitment and selection criteria for
successful educators who have shown potential as leaders.
``(3) Program faculty with prior school leadership
experience and deep knowledge of effective leadership
practices.
``(4) Comprehensive clinical experiences that are linked to
coursework and help principal candidates address context-
specific problems and the needs of special population groups,
including students who are children with disabilities, English
learners, and students from economically disadvantaged
families.
``(5) Peer networks.
``(6) Mentoring, supervision, and evaluation of candidates
throughout the clinical experience.
``(7) Opportunities for ongoing professional learning and
coaching for practicing school leaders.
``(f) Partnership Grants for the Establishment of Teaching and
Principal Residency Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching or principal residency
program shall carry out a program that includes the following
activities:
``(A) For teaching residency programs.--An eligible
partnership carrying out a teaching residency program
shall carry out both of the following activities:
``(i) Supporting a teaching residency
program described in paragraph (2) for high-
need schools and in high-need subjects and
areas, as determined by the needs of the high-
need local educational agency in the
partnership.
``(ii) Placing graduates of the teaching
residency program in cohorts that facilitate
professional collaboration, both among
graduates of the residency program and between
such graduates and mentor teachers in the
receiving school.
``(B) For principal residency programs.--An
eligible partnership carrying out a principal residency
program shall support a program described in paragraph
(3) for high-need schools, as determined by the needs
of the high-need local educational agency in the
partnership.
``(2) Teacher residency programs.--
``(A) Establishment and design.--A teaching
residency program under this paragraph shall be a
program based upon models of successful teaching
residencies that serves as a mechanism to prepare
teachers for success in high-need schools in the
eligible partnership and shall be designed to include
the following characteristics of successful programs:
``(i) The integration of pedagogy,
classroom practice, and teacher mentoring.
``(ii) The exposure to principles of child
and youth development as well as understanding
and applying principles of learning and
behavior.
``(iii) Engagement of teaching residents in
rigorous graduate-level coursework to earn a
master's degree while undertaking supervised
clinical preparation.
``(iv) Experience and learning
opportunities alongside a trained and
experienced mentor teacher--
``(I) whose teaching shall
complement the residency program so
that school-based clinical practice is
tightly aligned with coursework;
``(II) who shall have extra
responsibilities as a teacher leader of
the teaching residency program, as a
mentor for residents, and as a teacher
coach during the induction program for
new teachers, and for establishing,
within the program, a learning
community in which all individuals are
expected to continually improve their
capacity to advance student learning;
and
``(III) who may be relieved from
teaching duties or may be offered a
stipend as a result of such additional
responsibilities.
``(v) The establishment of clear criteria
for the selection of mentor teachers based on
the appropriate grade level, subject area
knowledge, and measures of teacher
effectiveness, which--
``(I) shall be based on, but not
limited to, observations of--
``(aa) planning and
preparation, including
demonstrated knowledge of
content, pedagogy, and
assessment, including the use
of formative, summative, and
diagnostic assessments to
improve student learning;
``(bb) appropriate
instruction that engages all
students;
``(cc) collaboration with
colleagues to improve
instruction; and
``(dd) analysis of evidence
of student learning; and
``(II) may include criteria
regarding meeting nationally
recognized, standards-based advanced
certification requirements.
``(vi) The development of admissions goals
and priorities--
``(I) that are aligned with the
hiring objectives of the local
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of such
agency to hire qualified graduates from
the teaching residency program; and
``(II) which may include
consideration of applicants who reflect
the communities in which they will
teach as well as consideration of
individuals from underrepresented
populations in the teaching profession.
``(vii) Support for residents once such
residents are hired as the teachers of record,
through an induction program, professional
development, and networking opportunities to
support the residents through not less than the
residents' first 2 years of teaching.
``(B) Selection of individuals as teacher
residents.--
``(i) Eligible individual.--In order to be
eligible to be a teacher resident in a teacher
residency program under this paragraph, an
individual shall--
``(I) be a recent graduate of a 4-
year institution of higher education,
an individual in the final year of an
undergraduate teacher preparation
program, or a professional possessing
strong content knowledge and a record
of professional accomplishment in
another field; and
``(II) submit an application to the
residency program.
``(ii) Selection criteria.--An eligible
partnership carrying out a teaching residency
program under this subsection shall establish
criteria for the selection of eligible
individuals to participate in the teaching
residency program based on the following
characteristics:
``(I) Strong content knowledge or
record of accomplishment in the field
or subject area to be taught.
``(II) Strong verbal and written
communication skills, which may be
demonstrated by performance on
appropriate assessments.
``(III) Other attributes linked to
effective teaching, which may be
determined by interviews or performance
assessments, as specified by the
eligible partnership.
``(3) Principal residency programs.--
``(A) Establishment and design.--A principal
residency program under this paragraph shall be a
program based on models of successful principal
residencies that serve as a mechanism to prepare
principals for success in high-need schools in the
eligible partnership and shall be designed to include
the following characteristics of successful programs:
``(i) Engagement of principal residents in
rigorous graduate-level coursework to earn an
appropriate advanced credential while
undertaking a guided principal apprenticeship.
``(ii) Experience and learning
opportunities alongside a trained and
experienced mentor principal--
``(I) whose mentoring shall be
based on standards of effective
mentoring practice and shall complement
the residency program so that school-
based clinical practice is tightly
aligned with coursework; and
``(II) who may be relieved from
some portion of principal duties or may
be offered a stipend as a result of
such additional responsibilities.
``(iii) The establishment of clear criteria
for the selection of mentor principals, which
may be based on observations of the following:
``(I) Demonstrating awareness of,
and having experience with, the
knowledge, skills, and attitudes to--
``(aa) establish and
maintain a professional
learning community that
effectively extracts
information from data to
improve the school culture and
personalize instruction for all
students to result in improved
student achievement;
``(bb) create and maintain
a learning culture within the
school that provides a climate
conducive to the development of
all members of the school
community, including one of
continuous learning for adults
tied to student learning and
other school goals;
``(cc) engage in continuous
professional development, using
a combination of academic
study, developmental simulation
exercises, self-reflection,
mentorship, and internship;
``(dd) understand child and
youth development appropriate
to the age level served by the
school, and use this knowledge
to set high expectations and
standards for the academic,
social, emotional, and physical
development of all students;
and
``(ee) actively engage the
community to create shared
responsibility for student
academic performance and
successful development.
``(II) Planning and articulating a
shared and coherent schoolwide
direction and policy for achieving high
standards of student performance.
``(III) Identifying and
implementing the activities and
rigorous curriculum necessary for
achieving such standards of student
performance.
``(IV) Supporting a culture of
learning, collaboration, and
professional behavior and ensuring
evidence-based instructional practice.
``(V) Communicating and engaging
parents, families, and other external
communities.
``(VI) Collecting, analyzing, and
utilizing data and other evidence of
student learning and evidence of
classroom practice to guide decisions
and actions for continuous improvement
and to ensure performance
accountability.
``(iv) The development of admissions goals
and priorities--
``(I) that are aligned with the
hiring objectives of the local
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of such
agency to hire qualified graduates from
the principal residency program; and
``(II) which may include
consideration of applicants who reflect
the communities in which they will
serve as well as consideration of
individuals from underrepresented
populations in school leadership
positions.
``(v) Support for residents once such
residents are hired as principals, through an
induction program, professional development to
support the knowledge and skills of the
principal in a continuum of learning and
content expertise in developmentally
appropriate or age-appropriate educational
practices, and networking opportunities to
support the residents through not less than the
residents' first 2 years of serving as
principal of a school.
``(B) Selection of individuals as principal
residents.--
``(i) Eligible individual.--In order to be
eligible to be a principal resident in a
principal residency program under this
paragraph, an individual shall--
``(I) have prior experience
teaching prekindergarten through grade
12;
``(II) have experience as an
effective leader, manager, and written
and oral communicator; and
``(III) submit an application to
the residency program.
``(ii) Selection criteria.--An eligible
partnership carrying out a principal residency
program under this subsection shall establish
criteria for the selection of eligible
individuals to participate in the principal
residency program based on the following
characteristics:
``(I) Strong instructional
leadership skills in an elementary
school or secondary school setting.
``(II) Strong verbal and written
communication skills, which may be
demonstrated by performance on
appropriate assessments.
``(III) Other attributes linked to
effective leadership, such as sound
judgment, organizational capacity,
collaboration, and openness to
continuous learning, which may be
determined by interviews or performance
assessment, as specified by the
eligible partnership.
``(4) Stipends or salaries; applications; agreements;
repayments.--
``(A) Stipends or salaries.--A teaching or
principal residency program under this subsection--
``(i) shall provide a 1-year living stipend
or salary to teaching or principal residents
during the 1-year teaching or principal
residency program; and
``(ii) may provide a stipend to a mentor
teacher or mentor principal.
``(B) Applications for stipends or salaries.--Each
teacher or principal residency candidate desiring a
stipend or salary during the period of residency shall
submit an application to the eligible partnership at
such time, and containing such information and
assurances, as the eligible partnership may require.
``(C) Agreements to serve.--Each application
submitted under subparagraph (B) shall contain or be
accompanied by an agreement that the applicant will--
``(i) serve as a full-time teacher or
principal for a total of not less than 3
academic years immediately after successfully
completing the 1-year teaching or principal
residency program;
``(ii) fulfill the requirement under clause
(i)--
``(I) by teaching or serving as a
principal in a high-need school served
by the high-need local educational
agency in the eligible partnership and,
if a teacher, teaching a subject or
area that is designated as high-need by
the partnership; or
``(II) if there is no appropriate
position available in a high-need
school served by the high-need local
educational agency in the eligible
partnership, by teaching or serving as
a principal in any other high-need
school;
``(iii) provide to the eligible partnership
a certificate, from the chief administrative
officer of the local educational agency in
which the resident is employed, of the
employment required under clauses (i) and (ii)
at the beginning of, and on completion of, each
year or partial year of service;
``(iv) for teacher residents, meet the
requirements to be a profession-ready teacher;
``(v) for principal residents, meet the
requirements to be a profession-ready
principal;
``(vi) for other educators, complete the
preparation program and become fully certified
in the State where the educator is employed;
and
``(vii) comply with the requirements set by
the eligible partnership under subparagraph (D)
if the applicant is unable or unwilling to
complete the service obligation required by
this subparagraph.
``(D) Repayments.--
``(i) In general.--An eligible partnership
carrying out a teaching or principal residency
program under this subsection shall require a
recipient of a stipend or salary under
subparagraph (A) who does not complete, or who
notifies the partnership that the recipient
intends not to complete, the service obligation
required by subparagraph (C) to repay such
stipend or salary to the eligible partnership
(except that such repayment shall not include
interest) in accordance with such other terms
and conditions specified by the eligible
partnership, as necessary.
``(ii) Other terms and conditions.--Any
other terms and conditions specified by the
eligible partnership may include reasonable
provisions for prorated repayment of the
stipend or salary described in subparagraph (A)
or for deferral of a teaching resident's
service obligation required by subparagraph
(C), on grounds of health, incapacitation,
inability to secure employment in a school
served by the eligible partnership, being
called to active duty in the Armed Forces of
the United States, or other extraordinary
circumstances.
``(iii) Use of repayments.--An eligible
partnership shall use any repayment received
under this subparagraph to carry out additional
activities that are consistent with the
purposes of this section.
``(g) Partnership Grants for Educator Development.--An eligible
partnership that receives a grant under this section may carry out
effective educator development programs for other educators besides
teachers and principals based on the needs identified in subsection
(b)(1) that may include the following activities:
``(1) Implementing curriculum changes that improve,
evaluate, and assess how well prospective and new educators
develop instructional skills.
``(2) Preparing educators to use evidence-based research,
where applicable.
``(3) Providing pre-service clinical experience.
``(4) Creating induction programs for new educators.
``(5) Aligning recruitment and admissions goals and
priorities with the hiring objectives of the high-need local
educational agency in the eligible partnership.
``(6) Professional development and training for mentor
educators.
``(h) Evaluation and Reporting.--The Secretary shall--
``(1) evaluate the programs assisted under this section;
and
``(2) make publicly available a report detailing the
Secretary's evaluation of each such program.
``(i) Consultation.--
``(1) In general.--Members of an eligible partnership that
receives a grant under this section shall engage in regular
consultation throughout the development and implementation of
programs and activities carried out under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation as described in paragraph (1), regular
communication shall occur among all members of the eligible
partnership, including the high-need local educational agency.
Such communication shall continue throughout the implementation
of the grant and the assessment of programs and activities
under this section.
``(3) Written consent.--The Secretary may approve changes
in grant activities under this section only if the eligible
partnership submits to the Secretary a written consent to such
changes signed by all members of the eligible partnership.
``(j) Construction.--Nothing in this section shall be construed to
prohibit an eligible partnership from using grant funds to coordinate
with the activities of eligible partnerships in other States or on a
regional basis through Governors, State boards of education, State
educational agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for higher
education.
``(k) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``(l) Continuation of Awards.--Notwithstanding any other provision
of law, from funds appropriated to carry out this part, the Secretary
shall continue to fund any multiyear grant awarded under this part (as
such provisions were in effect on the day before the date of enactment
of the EDUCATORS for America Act), for the duration of such multiyear
grant in accordance with its terms.
``SEC. 223. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Number of Awards; Payments.--
``(1) Duration.--A grant awarded under this subpart shall
be awarded for a period of 5 years.
``(2) Number of awards.--An eligible partnership may not
receive more than 1 grant during a 5-year period, except that
such partnership may receive an additional grant during such
period if such grant is used to establish a teacher or
principal residency program if such residency program was not
established with the prior grant. Nothing in this part shall be
construed to prohibit an individual member, that can
demonstrate need, of an eligible partnership that receives a
grant under this title from entering into another eligible
partnership consisting of new members and receiving a grant
with such other eligible partnership before the 5-year period
described in the preceding sentence applicable to the eligible
partnership with which the individual member has first
partnered has expired.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this subpart to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding or
for disapproval.
``(2) Priority.--The Secretary, in funding applications
under this subpart, shall give priority--
``(A) to eligible partnerships that include an
institution of higher education whose teacher education
program or educator development program has a rigorous
selection process and demonstrated success in having a
diverse set of candidates complete the program, and
enter and remain in the profession; and
``(B)(i) to applications from broad-based eligible
partnerships that involve businesses and community
organizations; or
``(ii) to eligible partnerships so that the awards
promote an equitable geographic distribution of grants
among rural and urban areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which applications
shall receive funding and the amounts of the grants. In
determining grant amounts, the Secretary shall take into
account the total amount of funds available for all grants
under this subpart and the types of activities proposed to be
carried out by the eligible partnership.
``(c) Matching Requirements.--
``(1) In general.--Each eligible partnership receiving a
grant under this subpart shall provide, from non-Federal
sources, an amount equal to 100 percent of the amount of the
grant, which may be provided in cash or in-kind, to carry out
the activities supported by the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible partnership if the Secretary determines
that applying the matching requirement to the eligible
partnership would result in serious hardship or an inability to
carry out the authorized activities described in this subpart.
``(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this subpart may use not more
than 2 percent of the funds provided to administer the grant.
``SEC. 224. ACCOUNTABILITY AND EVALUATION.
``(a) Eligible Partnership Evaluation.--Each eligible partnership
submitting an application for a grant under this subpart shall
establish, and include in such application, an evaluation plan that
includes strong and measurable performance objectives. The plan shall
include objectives and measures for--
``(1) program completion rates;
``(2) achievement for all prospective and new educators as
measured by the eligible partnership;
``(3) educator retention in the first 3 years;
``(4) pass rates for initial State certification or
licensure of teachers or pass rates on valid and reliable
teacher performance assessments;
``(5) the percentage of profession-ready teachers,
principals, and other educators--
``(A) hired by the high-need local educational
agency or schools participating in the eligible
partnership; and
``(B) hired by the high-need local educational
agency or schools participating in the eligible
partnership who are members of underrepresented groups;
``(6) the percentage of profession-ready teachers hired by
the high-need local educational agency or schools participating
in the eligible partnership--
``(A) who teach high-need academic subject areas
(such as reading, mathematics, science, and foreign
languages, including less commonly taught languages and
critical foreign languages); and
``(B) who teach in high-need areas (including
special education, bilingual education, language
instruction educational programs for English learners,
and early childhood education);
``(7) the percentage of profession-ready teachers and other
educators hired by the high-need local educational agency who
work in high-need schools, disaggregated by the elementary
school and secondary school levels;
``(8) as applicable, the percentage of early childhood
education program classes in the geographic area served by the
eligible partnership taught by early childhood educators who
are highly competent; and
``(9) as applicable, the percentage of educators hired by
the high-need local educational agency or schools participating
in the eligible partnership that are trained to--
``(A) integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning; and
``(B) use technology effectively to collect,
manage, and analyze data to improve teaching and
learning for the purpose of improving student learning
outcomes.
``(b) Information.--An eligible partnership receiving a grant under
this subpart shall ensure that teachers, principals, school
superintendents, faculty, and leadership at institutions of higher
education located in the geographic areas served by the eligible
partnership are provided information, including through electronic
means, about the activities carried out with funds under this subpart.
``(c) Revised Application.--If the Secretary determines that an
eligible partnership receiving a grant under this subpart is not making
substantial progress in meeting the purposes, goals, objectives, and
measures of the grant, as appropriate, by the end of the third year of
the grant the Secretary--
``(1) shall cancel the grant; and
``(2) may use any funds returned or available because of
such cancellation under paragraph (1) to--
``(A) increase other grant awards under this
subpart; or
``(B) award new grants to other eligible
partnerships under this subpart.
``(d) Evaluation and Dissemination.--The Secretary shall evaluate
the activities funded under this subpart and report the findings
regarding the evaluation of such activities to the authorizing
committees. The Secretary shall broadly disseminate--
``(1) successful practices developed by eligible
partnerships under this subpart; and
``(2) information regarding such practices that were found
to be ineffective.
``Subpart 2--Grants to Support Recruitment of New Educators and
Diversity in the Profession
``SEC. 231. HONORABLE AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.
``(a) Purpose.--The purpose of this subpart is to strengthen and
expand the recruitment, training, and retention of candidates into the
teaching profession who are from underrepresented groups in such
profession.
``(b) Eligible Institution Defined.--In this subpart, the term
`eligible institution' means an institution of higher education that
has a teacher or school leader preparation program that is accredited
by the State and that is--
``(1) a part B institution (as defined in section 322);
``(2) a Hispanic-serving institution (as defined in section
502);
``(3) a Tribal college or university (as defined in section
316);
``(4) an Alaska Native-serving institution (as defined in
section 317(b));
``(5) a Native Hawaiian-serving institution (as defined in
section 317(b));
``(6) a Predominantly Black Institution (as defined in
section 318);
``(7) an Asian-American and Native American Pacific
Islander-serving institution (as defined in section 320(b));
``(8) a Native American-serving, nontribal institution (as
defined in section 319);
``(9) a consortium of any of the institutions described in
paragraphs (1) through (8); or
``(10) an institution of higher education in partnership
with an institution described in paragraph (1) through (8),
provided that an institution described in paragraph (1) through
(8) is the lead entity in the partnership.
``(c) Augustus F. Hawkins Centers of Excellence.--
``(1) Program authorized.--From the amounts provided to
carry out this subpart, the Secretary shall award grants, on a
competitive basis, to eligible institutions to establish
centers of excellence.
``(2) Use of funds.--An eligible institution shall use a
grant received under this subpart to ensure that programs
offered at a center of excellence established by such
institution prepare current and future teachers or school
leaders to be profession-ready, and meet the applicable State
certification and licensure requirements, including any
requirements for certification obtained through alternative
routes to certification, or, with regard to special education
teachers, the qualifications described in section 612(a)(14) of
the Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(14)(C)), by carrying out one or more of the following
activities:
``(A) Implementing reforms within teacher or school
leader preparation programs, which may include such
preparation programs that prepare teachers or school
leaders for early childhood education programs, to
ensure that such programs are preparing teachers or
school leaders who meet such applicable State
certification and licensure requirements or
qualifications, and are using evidence-based
instructional practices to improve student academic
achievement, by--
``(i) retraining or recruiting faculty; and
``(ii) designing (or redesigning) teacher
or school leader preparation programs that--
``(I) prepare teachers or school
leaders to serve in under-resourced
schools and close student achievement
gaps, and that are based on rigorous
academic content, evidence-based
research, and challenging State
academic standards as described in
section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)); and
``(II) promote effective teaching
skills.
``(B) Providing sustained and high-quality
preservice clinical experience, including the mentoring
of prospective teachers by teacher leaders,
substantially increasing interaction between faculty at
institutions of higher education and new and
experienced teachers, principals, school leaders, and
other administrators at elementary schools or secondary
schools, and providing support, including preparation
time, for such interaction.
``(C) Developing and implementing initiatives to
promote retention of teachers who meet such applicable
State certification and licensure requirements or
qualifications, and principals and other school
leaders, including teachers of color, principals and
other school leaders, including programs that provide--
``(i) teacher or principal and other school
leader mentoring; and
``(ii) induction and support for teachers
and principals and other school leaders during
their first three years of employment as
teachers, principals, or other school leaders,
respectively.
``(D) Awarding scholarships based on financial need
to help students pay the costs of tuition, room, board,
and other expenses of completing a teacher or other
school leader preparation program, not to exceed the
cost of attendance as defined in section 472.
``(E) Disseminating information on effective
practices for teacher or other school leader
preparation and successful teacher or other school
leader certification and licensure assessment
preparation strategies.
``(F) Activities authorized under section 222.
``(3) Application.--Any eligible institution desiring a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(4) Limitation on administrative expenses.--An eligible
institution that receives a grant under this subpart may use
not more than 2 percent of the grant funds to administer the
grant.
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subpart.
``SEC. 232. RECRUITMENT AND COMPLETION GRANTS.
``(a) In General.--From amounts appropriated under section 221, the
Secretary may award grants to institutions of higher education that
have educator preparation programs in order to allow those programs to
support the needs of populations that are underrepresented in the field
of education, including first generation college students and students
with disabilities, to ensure completion of the educator preparation
program and entrance into the profession.
``(b) Uses of Funds.--An institution of higher education receiving
a grant under this section may use grant funds to support students
described in subsection (a) who are enrolled in educator preparation
programs by providing services such as--
``(1) childcare for such enrolled students;
``(2) cohort support;
``(3) programs that provide pathways from community
colleges to baccalaureate programs in the field of education;
and
``(4) programs that pay for certification or licensure
exams, including re-taking of exams as necessary and the
additional preparation to ensure passage of the exams.
``SEC. 233. PIPELINES INTO EDUCATOR PREPARATION.
``(a) Education Careers Opportunity Program.--
``(1) Authority for grants.--The Secretary may make grants
to partner institutions or eligible partnerships to assist
those institutions or partnerships in carrying out the
activities described in paragraph (2) in order to assist
individuals from underrepresented backgrounds, as determined in
accordance with criteria prescribed by the Secretary, to
undertake education to become an educator.
``(2) Authorized expenditures.--A partner institution or
eligible partnership may use grant funds under this section to
carry out one or more of the following:
``(A) Identifying, recruiting, and selecting
individuals from underrepresented backgrounds for
education and training as an educator.
``(B) Facilitating the entry of such individuals
into an educator preparation program.
``(C) Providing counseling, mentoring, or other
services designed to assist such individuals in
successfully completing an educator preparation
program.
``(D) Providing, for a period prior to the entry of
such individuals into the regular course of education
of an educator preparation program, preliminary
education designed to assist them in successfully
completing such regular course of education in such
program, or referring such individuals to institutions
providing such preliminary education.
``(E) Publicizing existing sources of financial aid
available to students in the educator preparation
program or who are undertaking education necessary to
qualify them to enroll in such a program.
``(F) Paying such scholarships as the Secretary may
determine for such individuals for any period of an
educator preparation program.
``(G) Paying such stipends as the Secretary may
approve for such individuals for any period of
education in student-enhancement programs (other than
regular courses), except that--
``(i) such a stipend may not be provided to
an individual for more than 12 months; and
``(ii) notwithstanding any other provision
of law regarding the amount of stipends, such a
stipend shall be in an amount determined
appropriate by the Secretary.
``(H) Carrying out programs under which such
individuals gain experience regarding a career as an
educator through working at an elementary or secondary
school.
``(I) Conducting activities to develop a larger and
more competitive applicant pool for the relevant
teacher preparation program and for local educational
agencies and schools through partnerships with
institutions of higher education, local educational
agencies, and other community-based entities.
``(3) Definition.--In this section, the term `regular
course of education in such program' includes a graduate
program in education.
``(4) Matching requirements.--The Secretary may require
that a partner institution or eligible partnership that applies
for a grant under this subsection, provide non-Federal matching
funds, as appropriate, to ensure the institutional commitment
of the entity to the projects funded under the grant. As
determined by the Secretary, such non-Federal matching funds
may be provided directly or through donations from public or
private entities and may be in cash or in-kind, fairly
evaluated, including plant, equipment, or services.
``Subpart 3--Capacity Building Grants
``SEC. 241. SCHOOL LEADER PROFESSIONAL DEVELOPMENT.
``From amounts appropriated under section 221, the Secretary may
award grants to institutions of higher education that have educator
preparation programs for school leaders in order to allow those
programs to develop and support school leaders in one or more of the
following areas:
``(1) Culturally and linguistically responsive practices.
``(2) Universal design for learning.
``(3) Social and emotional learning.
``(4) Trauma-informed instruction.
``(5) Strengthening knowledge of child and youth
development.
``(6) Creating a safe school environment to minimize and
respond to violence in schools.
``(7) Creating an inclusive school for educators, staff,
and students, including through restorative justice training.
``(8) Response to intervention and non-exclusionary,
positive behavioral interventions and supports (including
eliminating the use of adverse interventions such as seclusion
and restraints).
``(9) Differentiated and data-driven instruction,
including--
``(A) the use of data to identify and address
disparities in academic achievement, academic
opportunities (including advanced coursework, dual
enrollment, and career and technical education), and
disciplinary rates among student subgroups; and
``(B) determining and using accommodations for
instruction and assessments for students with
disabilities and English learners.
``(10) Evidence-based anti-bias training.
``(11) Effective and equitable use of technology for
digital and blended learning (including the appropriate use of
technology and assistive technology for students with
disabilities).
``(12) Effective strategies to engage and collaborate with
stakeholders to advance the learning of all students (including
parents and families, other educational professionals, out-of-
school time providers, and community members).
``(13) Other evidence-based strategies and practices that
advance the academic achievement of all students, including
students of color, English learners, students from low-income
families, and students with disabilities.
``SEC. 242. FACULTY PROFESSIONAL DEVELOPMENT AND TRAINING.
``The Secretary may award grants to institutions of higher
education that have educator preparation programs in order to allow
those programs to develop and support faculty in a college, school, or
department of education in--
``(1) culturally responsive pedagogy;
``(2) trauma-informed instruction;
``(3) creating an inclusive climate for faculty, staff, and
students, including restorative justice training; and
``(4) strengthening knowledge of child and youth
development.
``SEC. 243. RESILIENCY GRANTS.
``(a) In General.--The Secretary may award grants, on a competitive
basis, to institutions of higher education that have educator
preparation programs, to enable those programs to carry out the
activities described in subsection (b) or (c). Such grants shall be
known as `Resiliency Grants'.
``(b) Technology.--An educator preparation program that receives a
Resiliency Grant for technology shall use grant funds to--
``(1) support the preparation of profession-ready educators
by expanding the use of technology in pre-service clinical and
field experiences of students enrolled in educator preparation
programs;
``(2) expand the use of technology for the in-class
instruction of students in educator preparation programs;
``(3) conduct research on and analysis of technological
tools in classroom settings;
``(4) ensure that technology is used in an equitable manner
to enhance the learning and opportunities of students; and
``(5) ensure that educators are prepared to support the
continuity of instruction in the event of national or local
emergencies that disrupt in-person schooling.
``(c) Educator Workforce Partnerships.--
``(1) In general.--An educator preparation program that
receives a Resiliency Grant for educator workforce partnerships
shall use grant funds to facilitate partnerships between the
educator preparation program and at least one eligible entity
in order to address shortages in certain subject matter fields
in schools documented by the State educational agency where the
educator preparation program is authorized to operate, by--
``(A) expanding pathways for individuals to become
profession-ready educators;
``(B) expanding pathways for currently practicing
educators to earn supplemental credentials or licenses,
which may include--
``(i) certification in shortage areas or
fields as identified by a State or local
educational agency; or
``(ii) nationally recognized, standards-
based advanced certification; or
``(C) ensuring that schools have adequate staffing
to provide continuity of instruction in the event of
national or local emergencies that disrupt in-person
schooling.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means--
``(A) a local educational agency;
``(B) a 2-year institution of higher education,
which may include a community college; or
``(C) a 4-year institution of higher education.
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall prioritize proposals that create degree
pathways for the purpose of increasing the number of
individuals from groups that have been historically
underrepresented in the field of education who pursue and
attain profession-ready educator credentials.
``SEC. 244. DOCTORAL FELLOWSHIPS TO PREPARE AND DIVERSIFY FACULTY IN
HIGH-NEED AREAS AT COLLEGES OF EDUCATION.
``(a) Grants by Secretary.--The Secretary may make grants to
eligible institutions to enable such institutions to make doctoral
fellowship awards to qualified individuals in accordance with this
section.
``(b) Eligible Institutions.--In this section, the term `eligible
institution' means an institution of higher education that offers a
program of postbaccalaureate study leading to a doctoral degree.
``(c) Applications.--An eligible institution that desires a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``(d) Types of Fellowships Supported.--
``(1) In general.--An eligible institution that receives a
grant under this section shall use the grant funds to provide
doctoral fellowships to individuals who are preparing for the
professorate, including individuals from groups that are
underrepresented in the field of education.
``(2) Types of study.--A doctoral fellowship provided under
this section shall support an individual in pursuing
postbaccalaureate study, which leads to a doctoral degree and
may include a master's degree as part of such study, related to
teacher preparation and pedagogy in one of the following areas:
``(A) Science, technology, engineering, or
mathematics, if the individual has completed a master's
degree in mathematics or science and is pursuing a
doctoral degree in mathematics, science, or education.
``(B) Special or exceptional student education.
``(C) The instruction of English learners,
including postbaccalaureate study in language
instruction educational programs.
``(e) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--The Secretary shall ensure
that an eligible institution that receives a grant under this
section--
``(A) shall provide doctoral fellowship awards to
individuals who plan to pursue a career in instruction
at an institution of higher education that has a
teacher preparation program;
``(B) in providing fellowship awards under this
section, shall give priority to individuals who are
from groups that are underrepresented in the higher
education professoriate, including people of color, and
people with disabilities; and
``(C) may not provide a doctoral fellowship to an
otherwise eligible individual--
``(i) during periods in which such
individual is enrolled at an institution of
higher education unless such individual is
maintaining satisfactory academic progress in,
and devoting full-time study or research to,
the pursuit of the degree for which the
fellowship support was provided; or
``(ii) if the individual is engaged in
gainful employment, other than part-time
employment related to teaching, research, or a
similar activity determined by the institution
to be consistent with and supportive of the
individual's progress toward the degree for
which the fellowship support was provided.
``(2) Amount of fellowship awards.--
``(A) In general.--An eligible institution that
receives a grant under this section shall award
stipends to individuals who are provided graduate
fellowships under this section.
``(B) Awards based on need.--A stipend provided
under this section shall be in an amount equal to the
level of support provided by the National Science
Foundation graduate fellowships, except that such
stipend shall be adjusted as necessary so as not to
exceed the fellowship recipient's demonstrated need, as
determined by the institution of higher education where
the fellowship recipient is enrolled.
``(3) Service requirement.--
``(A) Teaching required.--Each individual who
receives a doctoral fellowship under this section shall
teach for one year at an institution of higher
education that has a teacher preparation program or a
teacher or school leader residency or induction program
for each year of fellowship support received under this
section.
``(B) Institutional obligation.--Each eligible
institution that receives a grant under this section
shall provide an assurance to the Secretary that the
institution has inquired of and determined the decision
of each individual who has received a graduate
fellowship to begin employment, within three years of
receiving a doctoral degree, at an institution of
higher education that has a teacher preparation
program, as required by this section.
``(C) Agreement required.--Prior to receiving an
initial graduate fellowship award, and upon the annual
renewal of the graduate fellowship award, an individual
selected to receive a graduate fellowship under this
section shall sign an agreement with the Secretary
agreeing to pursue a career in instruction at an
institution of higher education that has a teacher
preparation program in accordance with subparagraph
(A).
``(D) Failure to comply.--If an individual who
receives a graduate fellowship award under this section
fails to comply with the agreement signed pursuant to
subparagraph (C), the sum of the amounts of any
graduate fellowship award received by such recipient
shall, upon a determination of such a failure, be
treated as a Federal Direct Unsubsidized Stafford Loan
under part D of title IV, and shall be subject to
repayment (except that such loan shall have an interest
rate of 0 percent) in accordance with terms and
conditions specified by the Secretary in regulations
under this subpart.
``(E) Modified service requirement.--The Secretary
may waive or modify the service requirement of this
paragraph in accordance with regulations promulgated by
the Secretary with respect to the criteria to determine
the circumstances under which compliance with such
service requirement is inequitable or represents a
substantial hardship. The Secretary may waive the
service requirement if compliance by the fellowship
recipient is determined to be inequitable or represent
a substantial hardship--
``(i) because the individual is permanently
and totally disabled at the time of the waiver
request; or
``(ii) based on documentation presented to
the Secretary of substantial economic or
personal hardship.
``(f) Institutional Support for Fellows.--An eligible institution
that receives a grant under this section may reserve not more than ten
percent of the grant amount for academic and career transition support
for graduate fellowship recipients and for meeting the institutional
obligation described in subsection (e)(3)(B).
``(g) Restriction on Use of Funds.--An eligible institution that
receives a grant under this section may not use grant funds for general
operational overhead of the institution.
``PART C--NATIONAL ACTIVITIES
``SEC. 251. NATIONAL ACTIVITIES.
``(a) In General.--The Secretary shall establish a Center for
Educator Preparation to provide technical assistance relating to
educator preparation and to support research and demonstration
activities.
``(b) National Evaluation of Educator Quality Enhancement.--
``(1) Interim evaluation.--Not later than 3 years after the
date of enactment of the EDUCATORS for America Act, the
Secretary shall submit to Congress and make publicly available
an interim report containing an evaluation of the effectiveness
of the activities funded under this title in achieving the
purposes of this title.
``(2) Final evaluation.--Not later than 6 years after the
date of enactment of the EDUCATORS for America Act, the
Secretary shall submit to Congress and make publicly available
an interim report containing an evaluation of the effectiveness
of the activities funded under this title in achieving the
purposes of this title.
``PART D--GENERAL PROVISIONS
``SEC. 261. LIMITATIONS.
``(a) Federal Control Prohibited.--Nothing in this title shall be
construed to permit, allow, encourage, or authorize any Federal control
over any aspect of any private, religious, or home school, whether or
not a home school is treated as a private school or home school under
State law. This section shall not be construed to prohibit private,
religious, or home schools from participation in programs or services
under this title.
``(b) No Change in State Control Encouraged or Required.--Nothing
in this title shall be construed to encourage or require any change in
a State's treatment of any private, religious, or home school, whether
or not a home school is treated as a private school or home school
under State law.
``(c) National System of Teacher Certification or Licensure
Prohibited.--Nothing in this title shall be construed to permit, allow,
encourage, or authorize the Secretary to establish or support any
national system of teacher certification or licensure.
``(d) Rule of Construction.--Nothing in this title shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded to the employees of local educational agencies
under Federal, State, or local laws (including applicable regulations
or court orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other agreements between
such employees and their employers.''.
SEC. 4. COST OF ATTENDANCE.
(a) In General.--Section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll) is amended--
(1) by redesignating paragraphs (12) and (13) as paragraphs
(13) and (14), respectively; and
(2) by inserting after paragraph (11) the following:
``(12) for a student enrolled in an educator preparation
program, reasonable costs associated with clinical experiences
related to that program;''.
(b) FAFSA Simplification.--Section 472 of the Higher Education Act
of 1965 (20 U.S.C. 1087ll), as amended by title VII of division FF of
the FAFSA Simplification Act (Public Law 116-260), is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (13) and (14) as
paragraphs (14) and (15), respectively; and
(B) by inserting after paragraph (12) the
following:
``(13) for a student enrolled in an educator preparation
program, reasonable costs associated with clinical experiences
related to that program;''; and
(2) in subsection (c), by striking ``paragraphs (1) through
(14)'' and inserting ``paragraphs (1) through (15)''.
SEC. 5. TEACH GRANTS.
Subpart 9 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070g et seq.) is amended to read as follows:
``Subpart 9--Teach Grants
``SEC. 420L. DEFINITIONS.
``For the purposes of this subpart:
``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education, as
defined in section 102, that the Secretary determines--
``(A) provides teacher preparation and professional
development services, including extensive clinical
experience as a part of pre-service preparation;
``(B) is financially responsible and is not subject
to heightened cash monitoring or provisional
certification;
``(C) provides pedagogical course work, or
assistance in the provision of such coursework,
including the monitoring of student performance, and
formal instruction related to the theory and practices
of teaching; and
``(D) provides supervision and support services to
teachers, or assistance in the provision of such
services, including mentoring focused on developing
effective teaching skills and strategies.
``(2) Post-baccalaureate.--The term `post-baccalaureate'
means a program of instruction for individuals who have
completed a baccalaureate degree, that does not lead to a
graduate degree, and that consists of courses required by a
State in order for a teacher candidate to receive a
professional certification or licensing credential that is
required for employment as a teacher in an elementary school or
secondary school in that State, except that such term shall not
include any program of instruction offered by an eligible
institution that offers a baccalaureate degree in education.
``(3) Teacher candidate.--The term `teacher candidate'
means a student or teacher described in subparagraph (A) or (B)
of section 420N(a)(2).
``SEC. 420M. PROGRAM ESTABLISHED.
``(a) Program Authority.--
``(1) Payments required.--The Secretary shall pay to each
eligible institution such sums as may be necessary to pay to
each teacher candidate who files an application and agreement
in accordance with section 420N, and who qualifies under
paragraph (2) of section 420N(a), a TEACH Grant in the amount
of $8,000 for each year during which that teacher candidate is
in attendance at the institution.
``(2) References.--Grants made under paragraph (1) shall be
known as `Teacher Education Assistance for College and Higher
Education Grants' or `TEACH Grants'.
``(b) Payment Methodology.--
``(1) Prepayment.--Not less than 85 percent of any funds
provided to an eligible institution under subsection (a) shall
be advanced to the eligible institution prior to the start of
each payment period and shall be based on an amount requested
by the institution as needed to pay teacher candidates until
such time as the Secretary determines and publishes in the
Federal Register with an opportunity for comment, an
alternative payment system that provides payments to
institutions in an accurate and timely manner, except that this
sentence shall not be construed to limit the authority of the
Secretary to place an institution on a reimbursement system of
payment.
``(2) Direct payment.--Nothing in this section shall be
interpreted to prohibit the Secretary from paying directly to
teacher candidates, in advance of the beginning of the academic
term, an amount for which teacher candidates are eligible, in
cases in which the eligible institution elects not to
participate in the disbursement system required by paragraph
(1).
``(3) Distribution of grants to teacher candidates.--
Payments under this subpart shall be made, in accordance with
regulations promulgated by the Secretary for such purpose, in
such manner as will best accomplish the purposes of this
subpart. Any disbursement allowed to be made by crediting the
teacher candidate's account shall be used for the full cost of
attendance (as defined in section 472).
``(c) Reductions in Amount.--
``(1) Part-time students.--In any case in which a teacher
candidate attends an eligible institution on less than a full-
time basis (including a teacher candidate who attends an
eligible institution on less than a half-time basis) during any
year, the amount of a grant under this subpart for which that
teacher candidate is eligible shall be reduced in proportion to
the degree to which that teacher candidate is not attending on
a full-time basis, in accordance with a schedule of reductions
established by the Secretary for the purposes of this subpart,
computed in accordance with this subpart. Such schedule of
reductions shall be established by regulation and published in
the Federal Register in accordance with section 482 of this
Act.
``(2) No exceeding cost.--The amount of a grant awarded
under this subpart, in combination with Federal assistance and
other assistance the student may receive, shall not exceed the
cost of attendance (as defined in section 472) at the eligible
institution at which that teacher candidate is in attendance.
``(d) Period of Eligibility for Grants.--
``(1) Undergraduate and post-baccalaureate students.--The
period during which an undergraduate or post-baccalaureate
student may receive grants under this subpart shall be the
period required for the completion of the first undergraduate
baccalaureate or post-baccalaureate course of study being
pursued by the teacher candidate at the eligible institution at
which the teacher candidate is in attendance, except that--
``(A) any period during which the teacher candidate
is enrolled in a noncredit or remedial course of study
as described in paragraph (3) shall not be counted for
the purpose of this paragraph; and
``(B) the total amount that a teacher candidate may
receive under this subpart for undergraduate or post-
baccalaureate study shall not exceed $40,000.
``(2) Graduate students.--The period during which a
graduate student may receive grants under this subpart shall be
the period required for the completion of a master's degree
course of study pursued by the teacher candidate at the
eligible institution at which the teacher candidate is in
attendance, except that the total amount that a teacher
candidate may receive under this subpart for graduate study
shall not exceed $16,000.
``(3) Remedial course; study abroad.--Nothing in this
section shall be construed to exclude from eligibility courses
of study which are noncredit or remedial in nature (including
courses in English language acquisition) which are determined
by the eligible institution to be necessary to help the teacher
candidate be prepared for the pursuit of a first undergraduate
baccalaureate or post-baccalaureate degree or certificate or,
in the case of courses in English language instruction, to be
necessary to enable the teacher candidate to use already
existing knowledge, training, or skills. Nothing in this
section shall be construed to exclude from eligibility programs
of study abroad that are approved for credit by the home
institution at which the teacher candidate is enrolled.
``(e) Institutional Eligibility.--Notwithstanding subsections (a)
and (b), an institution shall not be eligible to participate in the
TEACH grant program under this subpart for a period of 3 years, and
shall be required to submit an application to regain eligibility after
that 3 year period, if for a period of 3 consecutive years, 50 percent
or more of the TEACH grant recipients who are graduates of that
institution have TEACH grants converted to loans under section
420N(c)(1).
``SEC. 420N. APPLICATIONS; ELIGIBILITY.
``(a) Applications; Demonstration of Eligibility.--
``(1) Filing required.--The Secretary shall periodically
set dates by which teacher candidates shall file applications
for grants under this subpart. Each teacher candidate desiring
a grant under this subpart for any year shall file an
application containing such information and assurances as the
Secretary may determine necessary to enable the Secretary to
carry out the functions and responsibilities of this subpart.
``(2) Demonstration of teach grant eligibility.--Each
application submitted under paragraph (1) shall contain such
information as is necessary to demonstrate that--
``(A) if the applicant is an enrolled student--
``(i) the student is an eligible student
for purposes of section 484; and
``(ii) the student is completing coursework
and other requirements necessary to begin a
career in teaching, or plans to complete such
coursework and requirements prior to
graduating; or
``(B) if the applicant is a current or prospective
teacher applying for a grant to obtain a graduate
degree--
``(i) the applicant is a teacher or a
retiree from another occupation with expertise
in a field in which there is a shortage of
teachers, such as mathematics, science, special
education, English language acquisition, or
another high-need subject;
``(ii) the applicant is or was a teacher
who is using evidence-based alternative
certification routes; or
``(iii) the applicant is a practicing
teacher in another field and is pursuing an
additional credential in a field in which there
is a shortage of teachers, such as mathematics,
science, special education, English language
acquisition, or another high-need subject.
``(b) Agreements To Serve.--Each application under subsection (a)
shall contain or be accompanied by an agreement by the applicant that--
``(1) the applicant will--
``(A) serve as a full-time teacher for a total of
not less than 4 academic years within 8 years after
completing the course of study for which the applicant
received a TEACH Grant under this subpart (referred to
in this section as the `service obligation window');
``(B) teach in a school described in section
465(a)(2)(A);
``(C) teach in any of the following fields--
``(i) mathematics;
``(ii) science;
``(iii) a foreign language;
``(iv) bilingual education;
``(v) special education;
``(vi) as a reading specialist;
``(vii) early childhood education; or
``(viii) another field documented as high-
need by the Federal Government, State
government, or local educational agency, and
approved by the Secretary; and
``(D) submit evidence of such employment in the
form of a certification by the chief administrative
officer of the school upon completion of each year of
such service;
``(2) in the event that the applicant is determined to have
failed or refused to carry out such service obligation, an
amount (which shall be a pro-rated amount for partial service)
of any TEACH Grants received by such applicant will be treated
as a loan and collected from the applicant in accordance with
subsection (c) and the regulations thereunder; and
``(3) contains, or is accompanied by, a plain-language
disclosure form developed by the Secretary that clearly
describes the nature of the TEACH Grant award, the service
obligation, and the loan repayment requirements that are the
consequence of the failure to complete the service obligation.
``(c) Repayment for Failure To Complete Service.--
``(1) In general.--If any recipient of a grant under this
subpart fails or refuses to comply with some or all of the
service obligation in the agreement under subsection (b)--
``(A) the Secretary shall determine the proportion
of the total amount of time of the service obligation
that the recipient has failed or refused to complete;
and
``(B) the Secretary shall determine, on a pro-rated
basis and based on the proportion described in
subparagraph (A), the amounts of any TEACH Grants
received by such recipient that shall, upon a
determination of such a failure or refusal in such
service obligation, be treated as a Federal Direct
Stafford Loan under part D of title IV (except that
such loan shall have an interest rate of 0 percent) and
shall ensure that those amounts are subject to
repayment, in accordance with terms and conditions
specified by the Secretary in regulations under this
subpart.
``(2) Loan deferment.--In the case of a TEACH grant
recipient whose grant has been converted to a Federal Direct
loan under part D in accordance with paragraph (1) and who is,
at the time of such conversion, teaching in an elementary or
secondary school that is not a school described in section
465(a)(2)(A), the Secretary shall--
``(A) issue that recipient a deferment for a period
of not more than 3 years, during which time periodic
installments on such loan need not be paid; and
``(B) ensure that such recipient is enrolled in the
loan credit program under section 460, if eligible.
``(d) Additional Administrative Provisions.--
``(1) Changes to school or designation.--
``(A) Change of high-need designation field.--If a
recipient of an initial grant under this subpart has
acquired an academic degree, or expertise, in a field
that was, at the time of the recipient's application
for that grant, designated as high need in accordance
with subsection (b)(1)(C)(viii), but is no longer so
designated, the grant recipient may fulfill the service
obligation described in subsection (b)(1) by teaching
in that field.
``(B) Change of high-need designation field or
school.--Notwithstanding subsection (b), if a recipient
of a grant under this subpart begins teaching at a
school described in subsection (b)(1)(B) and in a field
described in subsection (b)(1)(C) during the service
obligation window, but such school or field later is no
longer designated under subsection (b), the grant
recipient may fulfill the service obligation described
in subsection (b)(1) by continuing to teach in that
school and field and completing the required period of
service within the service obligation window.
``(2) Extenuating circumstances.--The Secretary shall
establish, by regulation, categories of extenuating
circumstances under which a recipient of a grant under this
subpart who is unable to fulfill all or part of the recipient's
service obligation may be excused from fulfilling that portion
of the service obligation.
``(3) Extension of service obligation window.--The
Secretary shall extend the service obligation window of a TEACH
grant recipient for a period of not more than 3 additional
years, if that recipient has experienced an event described in
section 102(a) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)).
``SEC. 420O. PROGRAM PERIOD AND FUNDING.
``There shall be available to the Secretary to carry out this
subpart, from funds not otherwise appropriated, such sums as may be
necessary to provide TEACH Grants in accordance with this subpart to
each eligible applicant.
``SEC. 420P. REPORTS TO AUTHORIZING COMMITTEES.
``(a) Program Report.--Not later than two years after the date of
enactment of the EDUCATORS for America Act and every 2 years
thereafter, the Secretary shall prepare and submit to the authorizing
committees a report on TEACH grants with respect to the schools and
students served by recipients of such grants. Such report shall take
into consideration information related to--
``(1) the number of TEACH grant recipients;
``(2) the degrees obtained by such recipients;
``(3) the location, including the school, local educational
agency, and State, where the recipients completed the service
agreed to under section 420N(b) and the subject taught;
``(4) the duration of such service; and
``(5) any other data necessary to conduct such evaluation.
``(b) Annual Report.--Not later than 1 year after the date of
enactment of the EDUCATORS for America Act and annually thereafter, the
Secretary shall prepare and submit to the authorizing committees a
report containing information about the following in the period since
the last report was submitted:
``(1) The number of TEACH grants converted to loans under
section 420N(c)(1).
``(2) The number of such grant conversions that were
reversed in accordance with section 420N(c)(2).
``(3) The number of contacts or complaints to the
Department of Education or the Consumer Financial Protection
Bureau (including through any ombudsman) received from a TEACH
grant recipient, and the resolutions of those contacts or
complaints.
``(4) Demographic information about recipients of TEACH
grants, including race, ethnicity, and gender.
``SEC. 420Q. SERVICER ACCOUNTABILITY.
``The Secretary shall prescribe such regulations as may be
necessary to ensure accurate administrative oversight and appropriate
penalties for third party servicers in order to ensure that--
``(1) those servicers properly perform their contractual
obligations with respect to this subpart; and
``(2) those servicers are held responsible with respect to
the loss of benefits of TEACH grant recipients due to servicer
failures.''.
SEC. 6. LOAN FORGIVENESS AND CANCELLATION FOR EDUCATORS IN HIGH NEED
SCHOOLS OR EARLY CHILDHOOD EDUCATION PROGRAMS.
(a) Enhanced Teacher Loan Forgiveness Under the FFEL Program.--
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is
amended to read as follows:
``SEC. 428J. LOAN FORGIVENESS FOR EDUCATORS IN HIGH NEED SCHOOLS OR
EARLY CHILDHOOD EDUCATION PROGRAMS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the EDUCATORS for America Act, the Secretary shall
carry out a program, through the holder of the loan, of assuming, as
required under subsection (c), the obligation to repay a covered loan
for qualifying educators engaged in qualifying service. A qualifying
educator may apply for the program under this section after the
Secretary has begun carrying out the program.
``(c) Forgiveness of Covered Loans.--
``(1) Forgiveness of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
EDUCATORS for America Act, that may have been completed
or performed before or after such date of
implementation, or a combination of qualifying
service), the Secretary shall assume the obligation to
repay an amount equal to 100 percent of the aggregate
of the loan obligations (including interest and fees)
on all covered loans that are outstanding as of the
date of completion of such fifth year of qualifying
service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of subparagraph (A).
``(2) Monthly loan forgiveness.--Upon application by any
qualifying educator who has a covered loan and who is engaged
in qualifying service, and in addition to any loan forgiveness
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
assume the obligation to repay the minimum monthly
obligation on all covered loans of the qualifying
educator, based on the repayment plan selected by the
qualifying educator, for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
high need school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service, the
assumption of the monthly loan obligation provided will
serve as a monthly payment, considered paid in full by
the qualifying educator, based on the repayment plan
selected by the qualifying educator (which, if the
qualifying educator chooses, shall include any income
driven repayment plan); and
``(C) during the period of qualifying service, each
monthly obligation that is repaid by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan forgiveness under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan forgiveness under paragraph (1) and for
monthly loan forgiveness under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in an early childhood
education program, by the director of that
program (or the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent loan
under section 428B issued on behalf of a student who is
a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent loan
under section 428B issued on behalf of a student who is
not a qualifying educator shall also qualify for loan
forgiveness and any other benefits under this section
for qualifying service if that parent borrower is
engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior forgiveness.--A qualifying
educator who received loan forgiveness under this section as in
effect before the date of enactment of the EDUCATORS for
America Act--
``(A) shall be eligible for loan forgiveness of
covered loans in accordance with paragraph (1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
forgiveness as qualifying service for purposes of
paragraph (1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--
``(1) In general.--The Secretary shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school, may continue to serve
in such school and shall be eligible for loan
forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan forgiveness pursuant to
subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(b) Enhanced Teacher Loan Cancellation Under the Direct Loan
Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C.
1087j) is amended to read as follows:
``SEC. 460. LOAN CANCELLATION FOR EDUCATORS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the EDUCATORS for America Act, the Secretary shall
carry out a program of canceling, as required under subsection (c), the
obligation to repay a covered loan for qualifying educators engaged in
qualifying service. A qualifying educator may apply for the program
under this section after the Secretary has begun carrying out the
program.
``(c) Cancellation of Covered Loans.--
``(1) Cancellation of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
EDUCATORS for America Act, that may have been completed
or performed before or after such date of
implementation, or a combination of qualifying
service), the Secretary shall cancel an amount equal to
100 percent of the aggregate of the loan obligations
(including interest and fees) on all covered loans that
are outstanding as of the date of completion of such
fifth year of qualifying service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of this section.
``(2) Monthly loan cancellation.--Upon application by any
qualifying educator of a covered loan who is engaged in
qualifying service, and in addition to any loan cancellation
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
cancel the minimum monthly obligation on all covered
loans of the qualifying educator based on the repayment
plan selected by the qualifying educator (which, if the
educator chooses, shall include any income driven
repayment plan), for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
qualifying school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service,
interest shall not accrue on the qualifying educator's
covered loans; and
``(C) during the period of qualifying service, each
monthly obligation that is cancelled by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan cancellation under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan cancellation under paragraph (1) and for
monthly loan cancellation under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in a early childhood education
program, by the director of that program (or
the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is not a qualifying educator shall also qualify for
loan forgiveness and any other benefits under this
section for qualifying service if that parent borrower
is engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior loan cancellation.--A qualifying
educator who received loan cancellation under this section as
in effect before the date of enactment of the EDUCATORS for
America Act--
``(A) shall be eligible for loan cancellation of
covered loans in accordance with subsection (c)(1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
cancellation as qualifying service for purposes of
subsection (c)(1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any canceled loan.
``(f) List.--
``(1) In general.--The Secretary shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school, may continue to serve
in such school and shall be eligible for loan
cancellation pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan cancellation pursuant
to subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(c) Effective Date; Program Name.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the day that is 180 days after the
date of enactment of this Act.
(2) Program name.--The programs under section 428J and 460
of the Higher Education Act of 1965, as amended by subsections
(a) and (b), shall be known as ``Educator Loan Forgiveness
Programs''.
(d) Technical Amendment.--Section 455(m)(4) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(m)(4)) is amended by striking ``section
428J, 428K, 428L, or 460'' and inserting ``section 428K or 428L''.
(e) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
prepare and submit to Congress a report containing information about
the impact of the amendments made under this section, which shall
include data on the participation rate of eligible borrowers, the
dollar amount of benefits to participants, and the performance of
servicers.
SEC. 7. LOAN CREDIT FOR EDUCATORS.
(a) Loan Credit for Educators.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at
the end the following:
``SEC. 461. LOAN CREDIT FOR ELIGIBLE EDUCATORS.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the education
profession.
``(b) Program Authorized.--Beginning not later than 1 year after
the date of enactment of the EDUCATORS for America Act, the Secretary
shall carry out a program of applying monthly credits in accordance
with subsection (c) for covered loans for any new borrower on or after
October 1, 1998, who is an eligible educator or who has a covered loan
on behalf of an eligible educator in accordance with subsection
(d)(1)(B).
``(c) Qualified Loan Amounts.--
``(1) In general.--
``(A) Amount of credit.--For every eligible
educator enrolled in an income contingent or income-
based repayment plan (including plans under section
493C or section 455(d)(1)(D)), the Secretary shall
apply a monthly credit for each month of covered
service (including past covered service on or after the
date of enactment of the EDUCATORS for America Act) to
the balance of interest and principal due on any
covered loan for that eligible educator in an amount
that, when added to the monthly payment required from
the borrower, would be equal to the monthly payment
amount that would repay the borrower's original balance
and accrued interest on the basis of a 10-year
amortization schedule.
``(B) Covered service.--With respect to monthly
credits described in subparagraph (A), `covered
service' means full-time employment as an educator
beginning on or after the date of enactment of the
EDUCATORS for America Act.
``(2) Prevention of double benefits.--No borrower may, for
the same voluntary service, receive a benefit under both this
section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(d) Definitions.--
``(1) Covered loan.--
``(A) In general.--The term `covered loan' means a
loan that is not in default that is--
``(i) a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a
Federal Direct PLUS Loan (which may include a
loan to the parent of a dependent student),
under this part; or
``(ii) a loan amount for a Federal Direct
Consolidation Loan only to the extent that such
loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized
Stafford Loan, or a Federal Direct PLUS Loan
(which may include a loan to the parent of a
dependent student) under this part.
``(B) Parent plus loans.--
``(i) Parent plus loan on behalf of a
student who is an eligible educator borrower.--
A borrower of a parent Federal Direct PLUS Loan
issued on behalf of a student who is an
eligible educator shall qualify for monthly
credit and any other benefits under this
section for the covered service of the student
in the same manner and to the same extent as
the student borrower qualifies for such monthly
credit and other benefits.
``(ii) Parent plus loan borrowed by a
parent who is an eligible educator.--The
borrower of a parent Federal Direct PLUS Loan
issued on behalf of a student who is not an
eligible educator shall also qualify for the
monthly credit and any other benefits under
this section for covered service if that parent
borrower is engaged in covered service and
meets the requirements of this section.
``(2) Eligible educator.--In this section, the term
`eligible educator' means an individual who--
``(A) is employed on a full-time basis as an
educator, as defined under section 200; and
``(B) is not simultaneously receiving monthly loan
cancellation benefits under section 460.
``(3) Year.--For the purpose of this section, the term
`year' where applied to service as a teacher means an academic
year as defined by the Secretary.''.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
prepare and submit to Congress a report containing information about
the impact of the amendment made under subsection (a), which shall
include data on the participation rate of eligible borrowers, the
dollar amount of benefits to participants, and the performance of
servicers.
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118S1342 | Smart Sentencing Adjustments Act | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1342 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1342
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide incentives for States to implement policy changes to reduce
prison populations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide incentives for States to implement policy changes to reduce
prison populations, and for other 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 ``Smart Sentencing Adjustments Act''.
SEC. 2. GRANT PROGRAM.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Street Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--STATE PRISON POPULATION REDUCTION GRANT PROGRAM.
``SECTION 3061. DEFINITIONS.
``In this part:
``(1) Implementation grant.--The term `implementation
grant' means a grant awarded to a State for the purpose of
reducing the prison population of the State by not less than 20
percent, based on the average total prison population of the
State for the 3-year period preceding the date on which the
State applies for the implementation grant under section
3062(d).
``(2) Planning grant.--The term `planning grant' means a
grant awarded to a State for the purpose of--
``(A) analyzing criminal justice trends and factors
to better understand excessive and unnecessary prison
incarceration; and
``(B) exploring the feasibility of developing,
adopting, and implementing policy changes to ameliorate
criminal justice trends and factors causing excessive
and unnecessary prison incarceration.
``(3) Prison.--The term `prison' means a publicly or
privately operated institution of a State for the confinement
of an individual convicted of a criminal offense with a
sentence of not less than 1 year.
``(4) State.--The term `State' has the meaning given the
term in section 901.
``SEC. 3062. GRANT PROGRAM.
``(a) In General.--Not later than 1 year after the date of
enactment of the Smart Sentencing Adjustments Act, the Attorney General
shall award planning grants and implementation grants to States, on a
competitive basis, in accordance with this section.
``(b) Planning Grants.--
``(1) Applications.--A State seeking a planning grant under
this section shall submit to the Attorney General an
application at such time and in such manner as the Attorney
General may require, which shall include--
``(A) a description of the State's need for a
planning grant; and
``(B) a description of the activities the State
will carry out with the planning grant.
``(2) Use of funds.--A State that receives a planning grant
under this section shall use the grant solely for the purpose
of developing plans for the policy changes that would be
required to carry out subsection (c)(3).
``(3) Planning grant report.--Not later than 60 days after
the end of the period of the planning grant of a State, the
State shall submit to the Attorney General a report that
describes--
``(A) the projects to be undertaken by the State
using amounts made available under the planning grant;
and
``(B) any additional information determined
appropriate by the Attorney General.
``(c) Implementation Grants.--
``(1) Eligibility.--In order to be eligible to apply for an
implementation grant under paragraph (2), a State shall apply
for, receive, and fully execute a planning grant under
subsection (b).
``(2) Applications.--A State seeking an implementation
grant under this section shall submit to the Attorney General
an application at such time and in such manner as the Attorney
General may require, which shall include--
``(A) the total prison population of the State,
including racial, ethnic, gender, and socioeconomic
information of the population and information relating
to the income, education, and housing status of the
population;
``(B) the rate of prison population growth of the
State in relative and absolute estimates during the 25
year-period preceding the date of the application; and
``(C) a comprehensive and coherent plan detailing
the proposals of the State to use amounts from the
implementation grant that--
``(i) is based upon the activities the
State performed with a planning grant received
under this section; and
``(ii) describes the policy changes planned
to carry out paragraph (3) to achieve the
purpose of the implementation grant.
``(3) Use of funds.--A State that receives an
implementation grant under this section shall use amounts from
the grant to--
``(A) reduce the prison population of the State
by--
``(i) establishing or supporting programs
that divert individuals from incarceration;
``(ii) eliminating policies, with a
retroactive effect, that drive excessive and
unnecessarily lengthy terms of imprisonment,
including by--
``(I) repealing mandatory minimum
penalties for certain offenses;
``(II) repealing sentencing
enhancements for certain offenses; and
``(III) downgrading certain
criminal offenses, such as reducing
felony offenses to misdemeanor
offenses;
``(iii) implementing policies, with a
retroactive effect, that help promote
proportionality and fairness in sentencing,
including by--
``(I) capping sentences; and
``(II) reviewing and modifying
sentences automatically after 15 years;
``(iv) implementing policies, with a
retroactive effect, that increase opportunities
for early release, including by--
``(I) expanding opportunities and
incentives for incarcerated individuals
to earn time off of their custodial
sentence;
``(II) repealing policies that
restrict or reduce parole eligibility,
such as truth in sentencing laws; and
``(III) eliminating policies that
delay initial parole eligibility beyond
10 years;
``(v) reducing or eliminating the use of
incarceration as a sanction for non-criminal
rule violations of community supervision, such
as technical parole and probation violations,
including missing drug treatment classes;
``(vi) improving the executive functions of
the State that can promote early release by--
``(I) establishing or expanding the
use of mechanisms providing for the
early release of incarcerated
individuals based on specific criteria,
such as advanced age and terminal
illness, by--
``(aa) convening or
staffing boards of experts to
advise officials of the State
with the authority to
promulgate sentencing policy on
the exercise of the State's
compassionate, medical, and
geriatric release power;
``(bb) broadening
eligibility criteria for
release;
``(cc) streamlining and
clarifying application for
release review protocols; and
``(dd) increasing the
number of compassionate,
medical, and geriatric
releases; and
``(II) improving clemency
processes, including by--
``(aa) convening or
staffing boards of experts to
advise officials of the State
with the authority to
promulgate sentencing policy on
the exercise of the State's
clemency power;
``(bb) broadening
eligibility for clemency;
``(cc) streamlining and
clarifying clemency application
review protocols; and
``(dd) increasing the
number of clemency grants;
``(vii) improving prosecutorial functions
to correct extreme, disproportionate, unjust,
or wrongful criminal convictions and custodial
sentences by--
``(I) establishing or expanding
conviction integrity units or
conviction review units within
prosecutorial offices that work to
prevent, identify, and remedy false
convictions; or
``(II) establishing or expanding
sentencing review units within
prosecutorial offices to address
overcrowding, racial inequities, and
lengthy prison sentences that are
considered extreme or disproportionate;
and
``(viii) improving the quality of indigent
defense; or
``(B) reduce the recurrence of recidivism after a
term of incarceration and reduce the collateral
consequences experienced by individuals with criminal
records by--
``(i) expanding programming for
incarcerated populations within prisons that
enables those populations to successfully
transition back into society;
``(ii) improving access for expungement and
record sealing processes;
``(iii) adopting laws prohibiting employers
from asking applicants about their criminal
history on applications for employment or prior
to tendering an employment offer;
``(iv) eliminating fees imposed on a
defendant by--
``(I) discharging any fine or fee
debt for individuals who are
incarcerated or exiting prison; or
``(II) developing policies and
programs to assess fines and fees based
on an individual's ability to pay;
``(v) establishing or supporting wrap-
around or community-based services for
individuals reentering their communities after
incarceration, including services relating to
housing, disability, employment, education,
healthcare, behavior and mental health,
substance abuse, and childcare; or
``(vi) supporting community-based crime
prevention programs that work directly with
formerly incarcerated individuals or in
communities that have a higher prevalence of
individuals with criminal records, such as--
``(I) programs involving violence
prevention;
``(II) housing and supportive
housing;
``(III) jobs and job placement;
``(IV) substance abuse or mental
health treatment; and
``(V) other wrap-around support
services aiming to build pathways to
life stabilizing opportunities.
``(4) Implementation grant report.--Not later than 1 year
after the date on which a State receives an implementation
grant under this section, and annually thereafter, the State
shall submit to the Attorney General a report, at such time, in
such manner, and containing such information as the Attorney
General may require, that--
``(A) identifies the programs and policies funded
with the grant;
``(B) assesses racial, ethnic, gender, age, and
socioeconomic impacts of the programs and policies
funded with the grant with independent researchers or a
consortium of independent researchers, such as research
or academic institutions; and
``(C) includes an evaluation of increases or
decreases in a State's prison population by assessing
changes in--
``(i) pretrial detention;
``(ii) sentencing;
``(iii) incarceration;
``(iv) probation;
``(v) parole;
``(vi) clemency; and
``(vii) compassionate, medical, or
geriatric release.
``(5) Subgrants.--
``(A) In general.--A State receiving an
implementation grant under this section shall use not
less than 20 percent of the amount of the grant to
award subgrants to nonprofit organizations that meet
the criteria described in subparagraph (B), which shall
assist in the implementation of the policy changes
described in subsection (c)(2).
``(B) Criteria.--In selecting nonprofit
organizations to receive subgrants under paragraph (1),
a State shall give priority to nonprofit organizations
that--
``(i) have a demonstrated track record of
providing services to reintegrate individuals
released from prison into society with a goal
of reducing the recurrence of recidivism;
``(ii) are based in geographic areas with a
higher prevalence of individuals with criminal
records;
``(iii) are led by or employ individuals
who have been incarcerated or have family
members who are or have been incarcerated; or
``(iv) primarily serve individuals who--
``(I) have been arrested or
convicted of a criminal offense; or
``(II) have spent time in jail,
prison, or on probation or parole.
``(6) Renewal.--A State that receives an implementation
grant under this section may apply for an additional
implementation grant at the end of the term of the
implementation grant if the State has reduced the prison
population of the State by not less than 20 percent, based on
the average total prison population of the State during the 3-
year period preceding the date of the application for the
implementation grant under paragraph (2).
``(d) Terms and Conditions.--
``(1) Duration.--
``(A) Planning grant.--A planning grant under this
section shall be awarded for a period of 2 fiscal
years.
``(B) Implementation grant.--An implementation
grant under this section shall be awarded for a period
of 3 fiscal years.
``(2) Amount.--
``(A) Planning grant.--The amount of each planning
grant awarded under this section shall not exceed
$700,000 for the duration of the grant.
``(B) Implementation grant.--The amount of each
implementation grant awarded under this section shall
not exceed $70,000,000 for the duration of the grant.
``(3) Number of grant awards.--
``(A) Planning grants.--The Attorney General may
award planning grants under this section to not more
than 25 States during each fiscal year.
``(B) Implementation grants.--The Attorney General
may award implementation grants under this section to
no more than 25 States during each fiscal year.
``(4) Prohibitions.--
``(A) Inmate transfers.--During any grant term
under this Act, a State may not transfer an individual
convicted of a criminal offense with a sentence of not
less than 1 year from a prison of the State to any
penitentiary, jail, or other institution or facility
for the confinement of individuals convicted of
criminal offenses with sentences of less than 1 year
for the purpose of carrying out subsection (c)(3).
``(B) Policies.--During the term of any grant
awarded under this section, a State that receives the
grant may not establish or amend any--
``(i) sentence enhancement or law that
would increase the punishment of an individual
previously convicted of a criminal offense;
``(ii) habitual offender law or law that
imposes longer sentences on individuals who
have been convicted of a certain number of
criminal offenses;
``(iii) truth in sentencing law or law that
aims to reduce the difference between sentences
imposed and the actual time that individuals
serve in prison;
``(iv) mandatory minimum sentencing law or
law that requires judges to sentence offenders
to a specified minimum prison term for specific
offenses to increase the minimum prison
sentence; or
``(v) policies that would result in
increased incarceration.
``(C) Prohibitions.--A State receiving any grant
under this part may not use amounts from the grant to--
``(i) build or maintain any prison, jail,
or other facility designed for the confinement
of individuals convicted of criminal offenses;
``(ii) enter into a contract with a for-
profit company to build or manage prisons,
jails, or other correctional facilities;
``(iii) hire, train, or maintain sworn law
enforcement officers;
``(iv) purchase law enforcement equipment;
or
``(v) create or fund programs that would
increase incarceration.
``(5) Penalty.--If the Attorney General determines that a
State receiving a grant under this section violates a provision
of this part, the Attorney General shall--
``(A) require the State to repay 10 percent of the
amount of the grant; and
``(B) prohibit the State from receiving any other
grant under this part for not less than 3 years.
``(6) Maximums.--The Attorney General may award a State
under this section--
``(A) not more than 1 planning grant; and
``(B) not more than 2 consecutive implementation
grants.
``(e) Reservation.--The Attorney General shall reserve not more
than 5 percent of the amount appropriated to carry out this part for
administration, oversight, and technical assistance activities through
the Office of Justice Programs.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)) is amended by adding at the end the following:
``(29) There are authorized to be appropriated to carry out part PP
$2,000,000,000 for each of fiscal years 2024 through 2034.''.
<all>
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118S1343 | Fair Adjudications for Immigrants Act | [
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
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"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
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[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
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],
[
"F00006... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1343 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1343
To amend the Immigration and Nationality Act to alter the definition of
``conviction'', and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Padilla (for himself, Mr. Blumenthal, Mr. Durbin, Mr. Booker, Mrs.
Feinstein, Mr. Markey, Mrs. Murray, Ms. Hirono, Ms. Warren, and Mr.
Sanders) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to alter the definition of
``conviction'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Adjudications for Immigrants
Act''.
SEC. 2. EXPUNGEMENT AND SENTENCING.
(a) Definition of Conviction.--
(1) In general.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as
follows:
``(48)(A) The term `conviction' means a formal judgment of guilt
entered by a court.
``(B) The following may not be considered a conviction for purposes
of this Act:
``(i) An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld,
vacated, or pardoned federally or by a State or locality,
including by the President of the United States or by a person
or agency authorized by State law to grant such pardon.
``(ii) Any adjudication in which the court has issued--
``(I) a judicial recommendation against removal;
``(II) an order of probation without entry of
judgment; or
``(III) any similar disposition.
``(iii) A judgment that is on appeal or is within the time
to file direct appeal.
``(C)(i) Unless otherwise provided, with respect to an offense, any
reference to a term of imprisonment or a sentence is considered to
include only the period of incarceration ordered by a court.
``(ii) Any such reference shall be considered to exclude any
portion of a sentence of which the imposition or execution was
suspended.''.
(2) Retroactive applicability.--The amendment made by this
subsection shall apply with respect to any conviction,
adjudication, or judgment entered before, on, or after the date
of the enactment of this Act.
(b) Judicial Recommendation Against Removal.--The grounds of
inadmissibility and deportability under sections 212(a)(2) and
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)
and 1227(a)(2)) shall not apply to an alien with a criminal conviction
if, after having provided notice and an opportunity to respond to the
prosecuting authorities, the sentencing court issues a recommendation
to the Secretary that the alien not be removed on the basis of the
conviction.
<all>
</pre></body></html>
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118S1344 | Emergency Grant Aid for College Students Act | [
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
]
] | <p><strong>Emergency Grant Aid for College Students Act</strong></p> <p>This bill directs the Department of Education to establish a grant program for institutions of higher education to provide emergency financial-aid grants to students.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1344 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1344
To amend the Higher Education Act of 1965 to establish an emergency
grant aid program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Smith introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to establish an emergency
grant aid 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 ``Emergency Grant Aid for College
Students Act''.
SEC. 2. EMERGENCY FINANCIAL AID GRANT PROGRAM.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1070b et
seq.) is amended by adding at the end the following:
``PART F--EMERGENCY FINANCIAL AID GRANTS
``SEC. 791. EMERGENCY FINANCIAL AID GRANT PROGRAM.
``(a) Emergency Financial Aid Grant Programs Authorized.--The
Secretary shall carry out a grant program to make grants, in accordance
with subsection (b), to eligible entities to provide emergency
financial aid grants to eligible students in accordance with subsection
(c).
``(b) Application.--
``(1) In general.--Each eligible entity desiring to carry
out an emergency grant aid program 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) Outreach.--The Secretary shall, at least 60 days
before each deadline to submit applications under paragraph
(1), conduct outreach to institutions of higher education
(including such institutions that are eligible for priority
under this section) and systems of higher education to provide
such institutions and systems with information on the
opportunity to apply under paragraph (1) to carry out an
emergency grant aid program under this section.
``(3) Contents.--Each application under paragraph (1) shall
include a description of the emergency grant aid program to be
carried out by the eligible entity, including--
``(A) an estimate of the number of emergency
financial aid grants that such entity will make in an
award year and how such eligible entity assessed such
estimate;
``(B) the criteria the eligible entity will use to
determine a student's eligibility for an emergency
financial aid grant;
``(C) an assurance that an emergency for which an
eligible student will be eligible to receive an
emergency financial aid grant will include financial
challenges related to any component of the student's
cost of attendance or financial challenges that would
impact the ability of an eligible student to continue
the course of study of such student;
``(D) an assurance that the eligible entity, when
applicable, will make information available to eligible
students about the eligibility of such students, and
their dependents, as applicable, for assistance under
means-tested Federal benefit programs, including--
``(i) the supplemental security income
program under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(ii) the supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), a
nutrition assistance program carried out under
section 19 of such Act (7 U.S.C. 2028), or a
supplemental nutrition assistance program
carried out under section 3(c) of the Act
entitled `An Act to authorize appropriations
for certain insular areas of the United States,
and for other purposes' (Public Law 95-348);
``(iii) the free and reduced price school
lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
``(iv) the program of block grants for
States for temporary assistance for needy
families established under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.);
``(v) the special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
``(vi) the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et
seq.);
``(vii) Federal housing assistance
programs, including tenant-based assistance
under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)), and public
housing, as defined in section 3(b)(1) of such
Act (42 U.S.C. 1437a(b)(1));
``(viii) the refundable credit for coverage
under a qualified health plan under section 36B
of the Internal Revenue Code of 1986;
``(ix) the Earned Income Tax Credit under
section 32 of the Internal Revenue Code of
1986; or
``(x) any other means-tested program
determined by the Secretary to be appropriate;
``(E) how the eligible entity will administer the
emergency grant aid program, including--
``(i) the process by which an eligible
student may apply for and receive an emergency
grant, which shall include an opportunity to
apply online, and at least 1 opportunity to
appeal a grant denial;
``(ii) the processes the eligible entity
will use to respond to applications, approve
applications, and disburse emergency financial
aid grants, including outside of normal
business hours;
``(iii) how the eligible entity will
advertise emergency grants to eligible
students; and
``(iv) how quickly the eligible entity will
disburse emergency aid grants to students after
applications have been submitted;
``(F) an assurance that the eligible entity will
acknowledge receipt of a student's application and fund
approved applications not later than 10 business days
after the date of the approval;
``(G) an assurance that the eligible entity will
conduct outreach to students to inform them of the
availability of, and process for applying for,
emergency aid grants;
``(H) a description of how the eligible entity will
prioritize eligible students with financial need in
awarding emergency financial aid grants; and
``(I) any other information the Secretary may
require.
``(4) Priority.--In selecting eligible entities to carry
out an emergency grant aid program under this section, the
Secretary may give priority to--
``(A) an eligible entity that is a community
college;
``(B) an eligible entity that is an institution of
higher education described in section 371(a);
``(C) an eligible entity that is considered rural
according to the National Center for Education
Statistics for purposes of the Integrated Postsecondary
Education Data System;
``(D) an eligible entity in which not less than 33
percent of the students enrolled at such eligible
entity are eligible to receive a Federal Pell Grant; or
``(E) an eligible entity that--
``(i) has an admissions rate that is 50
percent or higher and is under-resourced; or
``(ii) is an eligible institution as
defined in section 312(b).
``(c) Use of Funds.--
``(1) In general.--An eligible entity may only use funds
provided under this section to make emergency financial aid
grants to eligible students.
``(2) Amount of awards.--
``(A) In general.--An eligible student may receive
an amount under this section that would cause the
amount of total financial aid received by such student
to exceed the cost of attendance of the institution of
higher education in which the student is enrolled.
``(B) Maximum amounts received.--An eligible
student may not receive a cumulative amount under this
section for an academic year that is more than the
maximum Federal Pell Grant available for such academic
year.
``(3) Determinations.--In determining eligibility for and
awarding emergency financial aid grants under this section, an
eligible entity may--
``(A) waive the amount of need calculation under
section 471; and
``(B) utilize a contract with a scholarship-
granting organization designated for the sole purpose
of accepting applications from, or disbursing funds to,
students enrolled in the institution of higher
education, if such scholarship-granting organization
disburses the full allocated amount provided to the
institution of higher education to the student
recipients.
``(d) Reporting and Oversight.--
``(1) In general.--Not less frequently than once annually,
each eligible entity that receives a grant under this section
shall submit to the Secretary a report on the progress of the
eligible entity in carrying out the programs supported by such
grant.
``(2) Form of report.--The report under paragraph (1) shall
be submitted to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. The
Secretary shall issue uniform guidelines describing the
information that shall be reported by grantees under such
paragraph.
``(3) Content of report.--The report under paragraph (1)
shall include, at minimum, the following:
``(A) The average, minimum, and maximum amount of
grants made available to eligible students, including
any average, minimum, or maximum grant levels made to
any specific subgroups of eligible students, including
the subgroups listed in subparagraph (B).
``(B) A description of any specific subgroups of
eligible students who were prioritized for the
emergency financial aid grants, including students of
color, low-income students, first-generation college
students, students with disabilities, English learners,
students experiencing homelessness, former foster
youth, or student parents.
``(C) The number of eligible students who received
an emergency financial aid grant, including the number
of eligible students who received more than one such
grant, and the number of eligible students in each of
the subgroups described in subparagraph (B) who
received an emergency financial aid grant, including
the number of eligible students in each of such
subgroups who received more than one such grant.
``(D) The types of emergencies declared and
frequencies of emergencies declared by eligible
students.
``(E) The number of students who applied for an
emergency financial aid grant, including the number of
eligible students in each of the subgroups described in
subparagraph (B) who applied for an emergency financial
aid grant.
``(F) The number of students who were denied such a
grant.
``(G) The number of students who appealed a denial
of such grant.
``(H) The average amount of time it took an
eligible entity to respond to requests for such a grant
and the average amount of time it took the eligible
entity to award or deny such a grant.
``(I) A description and amount of any institutional
funds used to supplement emergency financial aid grants
provided in accordance with this section.
``(J) Outcomes of the eligible students who
received such a grant, including rates of persistence,
retention, and completion.
``(K) A description of the method used to disburse
emergency grants to students.
``(e) Determination of Awards.--Notwithstanding any other provision
of law, an eligible entity that receives a grant under this section
shall solely determine which students receive emergency financial aid
grants under this section.
``(f) Special Rules.--An emergency financial aid grant awarded to a
student under this section--
``(1) shall not be treated as estimated financial
assistance or other financial assistance for the purposes of
section 471 or section 480;
``(2) shall not be considered--
``(A) income or assets (including untaxed income
and benefits under section 480(b)) in the computation
of a student's expected family contribution or student
aid index in determining the amount of aid for which
the student is eligible under title IV for any academic
year; and
``(B) in determining eligibility for other public
benefits; and
``(3) shall not be included in the gross income of such
student for purposes of the Internal Revenue Code of 1986.
``(g) Eligibility for Benefits.--No individual shall be determined
to be ineligible to receive benefits provided under this section on the
basis of citizenship, alienage, or immigration status.
``(h) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a degree-granting public institution of
higher education (as defined in section 101) at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(B) a 2-year Tribal College or University (as
defined in section 316(b)(3));
``(C) a degree-granting Tribal College or
University (as defined in section 316(b)(3)) at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree; or
``(D) a branch campus of a 4-year public
institution of higher education (as defined in section
101), if, at such branch campus--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree.
``(2) Eligible entity.--The term `eligible entity' means an
institution of higher education.
``(3) Eligible student.--The term `eligible student' means
any student who is enrolled in an eligible entity.
``(4) Institution of higher education.--Notwithstanding any
other provision of this Act, the term `institution of higher
education' has the meaning given the term in section 101 or
102(c).
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2024 through 2029.''.
<all>
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118S1345 | 504 Credit Risk Management Improvement Act of 2023 | [
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1345 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1345
To amend the Small Business Act to enhance the Office of Credit Risk
Management, to require the Administrator of the Small Business
Administration to issue rules relating to environmental obligations of
certified development companies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Young (for himself, Ms. Klobuchar, and Mr. Booker) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Act to enhance the Office of Credit Risk
Management, to require the Administrator of the Small Business
Administration to issue rules relating to environmental obligations of
certified development companies, and for other 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 ``504 Credit Risk Management
Improvement Act of 2023''.
SEC. 2. ENHANCEMENTS TO THE OFFICE OF CREDIT RISK MANAGEMENT.
Section 47 of the Small Business Act (15 U.S.C. 657t) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Duties.--The Office--
``(1) shall be responsible for--
``(A) supervising--
``(i) any lender making loans under section
7(a) (in this section referred to as a `7(a)
lender');
``(ii) any Lending Partner or Intermediary
participant of the Administration in a lending
program of the Office of Capital Access of the
Administration;
``(iii) any small business lending company
or a non-Federally regulated lender without
regard to the requirements of section 23; and
``(iv) any certified development company
described under the program established under
title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.) (referred to in
this section as a `certified development
company'), as provided in subsection (k); and
``(B) conducting file reviews with respect to loan
closings under the program established under title V of
the Small Business Investment Act of 1958 (15 U.S.C.
695 et seq.), as provided in subsection (j); and
``(2) may--
``(A) take formal and informal enforcement actions
against a certified development company, as provided in
subsection (l); and
``(B) charge a certified development company a fee,
as provided in subsection (m).''; and
(2) by adding at the end the following:
``(j) Loan Closing File Reviews.--With respect to a loan closing
under the program established under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.), the Office shall be
responsible for the following:
``(1) Conducting a complete file review of a random
selection of all loan closings, the number, frequency, and
conduct of which shall be at the discretion of the Office, to
ensure program integrity, including a review of the items
listed on the Checklist for Complete File Review contained in
the appropriate form of the Administration.
``(2) Not later than 60 days after the date on which each
complete file review conducted under paragraph (1) is
completed, preparing a written report documenting the results
of that review, which the Office shall send to--
``(A) the applicable certified development company;
``(B) the designated attorney that closed the loan
for the certified development company; and
``(C) the Commercial Loan Service Center.
``(3) If a complete file review conducted under paragraph
(1) reveals a deficiency that could result in a loss to the
Administration, requiring the applicable certified development
company or the designated attorney to promptly correct the
deficiency.
``(k) Supervision of Certified Development Companies.--With respect
to the supervision of certified development companies--
``(1) an employee of the Office shall--
``(A) be present for, and supervise, the review of
any such company that is conducted by a contractor of
the Office on the premises of the company; and
``(B) supervise the review of any such company that
is conducted by a contractor of the Office that is not
conducted on the premises of the company; and
``(2) the Administrator shall--
``(A) develop a timeline for the review by the
Office of certified development companies and the
submission of reports regarding those reviews, under
which the Administrator shall--
``(i) submit to a certified development
company a written report of any review of the
company not later than 90 days after the date
on which the review is concluded; or
``(ii) if the Administrator expects to
submit the report after the end of the 90-day
period described in clause (i), notify the
company of the expected date of submission of
the report and the reason for the delay; and
``(B) if a response by a certified development
company is requested in a report submitted under
subparagraph (A)(i), require the company to submit
responses to the Administrator not later than 45
business days after the date on which the company
receives the report.
``(l) Enforcement Authority Against Certified Development
Companies.--
``(1) Informal enforcement authority.--The Director may
take an informal enforcement action against a certified
development company if the Director finds that the company has
violated a statutory or regulatory requirement or any
requirement in a Standard Operating Procedures Manual or Policy
Notice relating to a program or function of the Office of
Capital Access.
``(2) Formal enforcement authority.--
``(A) In general.--With the approval of the Lender
Oversight Committee established under section 48, the
Director may take a formal enforcement action against
any certified development company if the Director finds
that the company has violated--
``(i) a statutory or regulatory
requirement, including a requirement relating
to the necessary funds for making loans when
those funds are not made available to the
company from private sources on reasonable
terms; or
``(ii) any requirement described in a
Standard Operating Procedures Manual or Policy
Notice relating to a program or function of the
Office of Capital Access.
``(B) Enforcement actions.--The decision to take an
enforcement action against a certified development
company under subparagraph (A) shall be based on the
severity or frequency of the violation and may include
assessing a civil monetary penalty against the company
in an amount that is not greater than $250,000.
``(3) Failure to submit annual report.--With respect to a
certified development company that, as of the date that is 30
days after the date on which the company is required to submit
any report, fails to submit that report, the Director may--
``(A) suspend the company from participating in the
program established under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) for a
period that is not longer than 30 days; or
``(B) impose a penalty on the company in an amount
to be determined by the Director, except that the
amount of the penalty shall be not more than $10,000.
``(m) Fee Authority Regarding Certified Development Companies.--
``(1) In general.--On and after the date that is 1 year
after the date of enactment of this subsection, the Office may
collect from each certified development company a fee, the
amount of which--
``(A) shall be determined on a graduated scale
according to the size of the portfolio of the certified
development company with respect to the program carried
out under title V of the Small Business Investment Act
of 1958 (15 U.S.C. 695 et seq.); and
``(B) shall not exceed the amount that is 1 basis
point with respect to the value of the portfolio
described in subparagraph (A).
``(2) Payment.--A certified development company on which a
fee is imposed under paragraph (1) shall pay the fee from the
servicing fees collected by the development company pursuant to
regulation.''.
SEC. 3. RULES RELATING TO OBLIGATIONS OF CERTIFIED DEVELOPMENT
COMPANIES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT.
(a) Eligible Certified Development Company Defined.--In this
section, the term ``eligible certified development company'' means a
certified development company defined under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.) that receives
assistance pursuant to that title.
(b) Requirement To Issue Rules.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Small Business
Administration shall issue rules to clarify the procedures necessary
for an eligible certified development company to comply with the
applicable requirements under National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to modify the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
<all>
</pre></body></html>
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118S1346 | Improving Mental Health Access from the Emergency Department Act of 2023 | [
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"sponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
]
] | <p><b>Improving Mental Health Access from the Emergency Department Act of 2023</b></p> <p>This bill authorizes a grant program for emergency departments to increase access to follow-up psychiatric services for individuals who present for care of acute mental-health episodes. The Substance Abuse and Mental Health Services Administration may award these grants.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1346 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1346
To authorize the Secretary of Health and Human Services, acting through
the Director of the Center for Mental Health Services of the Substance
Abuse and Mental Health Services Administration, to award grants to
implement innovative approaches to securing prompt access to
appropriate follow-on care for individuals who experience an acute
mental health episode and present for care in an emergency department,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Capito (for herself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Secretary of Health and Human Services, acting through
the Director of the Center for Mental Health Services of the Substance
Abuse and Mental Health Services Administration, to award grants to
implement innovative approaches to securing prompt access to
appropriate follow-on care for individuals who experience an acute
mental health episode and present for care in an emergency department,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Mental Health Access from
the Emergency Department Act of 2023''.
SEC. 2. SECURING APPROPRIATE FOLLOW-ON CARE FOR ACUTE MENTAL HEALTH
ILLNESS AFTER AN EMERGENCY DEPARTMENT ENCOUNTER.
The Public Health Service Act is amended by inserting after section
520J of such Act (42 U.S.C. 290bb-41) the following new section:
``SEC. 520J-1. SECURING APPROPRIATE FOLLOW-ON CARE FOR ACUTE MENTAL
HEALTH ILLNESS AFTER AN EMERGENCY DEPARTMENT ENCOUNTER.
``(a) In General.--The Secretary may award grants on a competitive
basis to qualifying health providers to implement innovative approaches
to securing prompt access to appropriate follow-on care for individuals
who experience an acute mental health episode and present for care in
an emergency department.
``(b) Eligible Grant Recipients.--In this section, the term
`qualifying health provider' means a health care facility licensed
under applicable law that--
``(1) has an emergency department;
``(2) is staffed by medical personnel (such as emergency
physicians, psychiatrists, psychiatric registered nurses,
mental health technicians, clinical social workers,
psychologists, and therapists) capable of providing treatment
focused on stabilizing acute mental health conditions and
assisting patients to access resources to continue treatment in
the least restrictive appropriate setting; and
``(3) has arrangements in place with other providers of
care that can provide a full range of medically-appropriate,
evidence-based services for the treatment of acute mental
health episodes.
``(c) Use of Funds.--A qualifying health provider receiving funds
under this section shall use such funds to establish, support, or
expand programs or projects intended to assist individuals who are
treated at the provider's emergency department for acute mental health
episodes and to expeditiously transition such individuals to an
appropriate facility or setting for follow-on care. Such use of funds
may support the following:
``(1) Expediting placement in appropriate facilities
through activities such as expanded coordination with regional
service providers, assessment, peer navigators, bed
availability tracking and management, transfer protocol
development, networking infrastructure development, and
transportation services.
``(2) Increasing the supply of inpatient psychiatric beds
and alternative care settings such as regional emergency
psychiatric facilities.
``(3) Use of alternative approaches to providing
psychiatric care in the emergency department setting, including
through tele-psychiatric support and other remote psychiatric
consultation, implementation of peak period crisis clinics, or
creation of psychiatric emergency service units.
``(4) Use of approaches that include proactive followup
such as telephone check-ins, telemedicine, or other technology-
based outreach to individuals during the period of transition.
``(5) Such other activities as the Secretary determines
appropriate, consistent with subsection (a).
``(d) Application.--A qualifying health provider desiring a grant
under this section shall submit an application to the Secretary at such
time and in such manner as the Secretary may require. At a minimum, the
application shall include the following:
``(1) A description of identified need for acute mental
health services in the provider's service area.
``(2) A description of the existing efforts of the provider
to meet the need for acute mental health services in the
service area, and identified gaps in the provision of such
services.
``(3) A description of the proposed use of funds to meet
the need and gaps identified pursuant to paragraph (2).
``(4) A description of how the provider will coordinate
efforts with Federal, State, local, and private entities within
the service area.
``(5) A description of program objectives, how the
objectives are proposed to be met, and how the provider will
evaluate outcomes relative to objectives.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $15,000,000 for each of fiscal
years 2024 through 2028.''.
<all>
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118S1347 | Military Families Mental Health Services Act | [
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"sponsor"
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[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1347 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1347
To amend title 10, United States Code, to waive cost-sharing under the
TRICARE program for three mental health outpatient visits per year for
certain beneficiaries, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Ossoff (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to waive cost-sharing under the
TRICARE program for three mental health outpatient visits per year for
certain beneficiaries, and for other 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 ``Military Families Mental Health
Services Act''.
SEC. 2. WAIVER OF COST-SHARING FOR THREE MENTAL HEALTH OUTPATIENT
VISITS FOR CERTAIN BENEFICIARIES UNDER THE TRICARE
PROGRAM.
(a) TRICARE Select.--Section 1075(c) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(4) Consistent with other provisions of this chapter and
subject to requirements to be prescribed by the Secretary, the
Secretary may waive cost-sharing requirements for the first
three outpatient mental health visits each year of any of the
following beneficiaries:
``(A) Beneficiaries in the active-duty family
member category.
``(B) Beneficiaries covered by section 1110b of
this title.''.
(b) TRICARE Prime.--Section 1075a(a) of such title is amended by
adding at the end the following new paragraph:
``(4) Consistent with other provisions of this chapter and
subject to requirements to be prescribed by the Secretary, the
Secretary may waive cost-sharing requirements for the first
three outpatient mental health visits each year of a
beneficiary in the active-duty family member category (as
described in section 1075(b)(1)(A) of this title).''.
<all>
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118S1348 | Wyoming Public Lands Initiative Act of 2023 | [
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1348 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1348
To redesignate land within certain wilderness study areas in the State
of Wyoming, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Barrasso (for himself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To redesignate land within certain wilderness study areas in the State
of Wyoming, and for other 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 ``Wyoming Public Lands Initiative Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) Department.--The term ``Department'' means the
Department of the Interior.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) Emergency.--The term ``emergency'' means a situation
that requires immediate action because of an imminent danger--
(A) to the health or safety of people; or
(B) of harm to property.
(5) Range improvement.--The term ``range improvement'' has
the meaning given the term in section 3 of the Public
Rangelands Improvement Act of 1978 (43 U.S.C. 1902).
(6) State.--The term ``State'' means the State of Wyoming.
SEC. 3. DESIGNATION OF LAND IN CARBON COUNTY, WYOMING.
(a) Designation of Wilderness Areas.--
(1) Encampment river canyon wilderness.--
(A) Designation.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except as provided in
subparagraph (B), the land within the boundaries of the
Encampment River Canyon Wilderness Study Area is
designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as
the ``Encampment River Canyon Wilderness'' (referred to
in this paragraph as the ``Wilderness'').
(B) Excluded land.--
(i) Definition of water valley road.--In
this subparagraph, the term ``Water Valley
Road'' means the road in Carbon County,
Wyoming, that is 50 feet wide and 17,340 feet
long, consisting of approximately 19.904 acres
of land in T. 14 N., R. 84 W., including--
(I) in sec. 22, land in--
(aa) the NE\1/4\SW\1/4\;
and
(bb) the S\1/2\SW\1/4\;
(II) in sec. 27, land in lots 4, 6,
and 7 of the NW\1/4\SW\1/4\;
(III) in sec. 28, land in lot 1 of
the NE\1/4\SE\1/4\;
(IV) in sec. 34, land in--
(aa) the S\1/2\NE\1/4\; and
(bb) the E\1/2\NW\1/4\; and
(V) in sec. 35, land in--
(aa) the N\1/2\SW\1/4\;
(bb) the NW\1/4\SE\1/4\;
and
(cc) the S\1/2\SE\1/4\.
(ii) Land excluded from the wilderness.--
The following land is not included in the
Wilderness:
(I) Any land in the NW\1/4\NW\1/
4\NW\1/4\ sec. 24, T. 14 N., R. 84 W.
(II) Any land within 50 feet of the
centerline of--
(aa) County Road 353; or
(bb) Water Valley Road.
(C) Maintenance of roads.--Necessary maintenance or
repairs to County Road 353 or Water Valley Road (as
defined in subparagraph (B)) shall be permitted after
the date of enactment of this Act, consistent with the
requirements of this subsection.
(D) Wildfire suppression.--
(i) In general.--Not later than 180 days
after the date of enactment of this Act, the
Director shall establish a fire suppression
plan for the protection of--
(I) any individual or structure
adjacent to the Wilderness; and
(II) the population centers of--
(aa) Encampment, Wyoming;
and
(bb) Riverside, Wyoming.
(ii) Coordination.--In carrying out clause
(i), the Director shall coordinate with--
(I) the Wyoming State Forestry
Division; and
(II) Carbon County, Wyoming.
(2) Prospect mountain wilderness.--
(A) Designation.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except as provided in
subparagraph (B), the land within the boundaries of the
Prospect Mountain Wilderness Study Area is designated
as wilderness and as a component of the National
Wilderness Preservation System, to be known as the
``Prospect Mountain Wilderness'' (referred to in this
paragraph as the ``Wilderness'').
(B) Excluded land.--Any land within 100 feet of the
centerline of Prospect Road is not included in the
Wilderness.
(C) Maintenance of prospect road.--Necessary
maintenance or repairs to Prospect Road shall be
permitted after the date of enactment of this Act,
consistent with the requirements of this subsection.
(3) Management of wilderness areas.--
(A) Administration.--Subject to valid existing
rights, the wilderness areas designated in paragraphs
(1) and (2) (referred to in this paragraph as the
``Wilderness Areas'') shall be administered by the
Director in accordance with--
(i) this paragraph; and
(ii) 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.
(B) Grazing.--Grazing of livestock in the
Wilderness Areas, where established before the date of
enactment of this Act, shall be allowed to continue in
accordance with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4));
(ii) the guidelines set forth in the report
of the Committee on Interior and Insular
Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H.
Rept. 96-617); and
(iii) the guidelines set forth in appendix
A of the Report of the Committee on Interior
and Insular Affairs to accompany H.R. 2570 of
the 101st Congress (H. Rept. 101-405).
(C) Review of policies, practices, and
regulations.--
(i) In general.--To ensure that the
policies, practices, and regulations of the
Department conform to and implement the intent
of Congress regarding forest fires and the
outbreak of disease or insects, not later than
180 days after the date of enactment of this
Act, the Secretary of the Interior shall review
all policies, practices, and regulations of the
Department applicable to the Wilderness Areas
that pertain to--
(I) wildland fires, including the
use of modern methods of fire
suppression (including mechanical
activity, as necessary); or
(II) the outbreak of disease or
insect populations.
(ii) Revisions.--On completion of the
review under clause (i), the Secretary of the
Interior shall revise or develop policies,
practices, and regulations for the Wilderness
Areas--
(I) to ensure the timely and
efficient control of fires, diseases,
and insects in the Wilderness Areas, in
accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1));
and
(II) to provide, to the maximum
extent practicable, adequate protection
from forest fires, disease outbreaks,
and insect infestations to any Federal,
State, or private land adjacent to the
Wilderness Areas.
(b) Designation of Bennett Mountains Special Management Area.--
(1) Designation.--The land within the Bennett Mountains
Wilderness Study Area is designated as the ``Bennett Mountains
Special Management Area'' (referred to in this subsection as
the ``Special Management Area'').
(2) Administration.--The Special Management Area shall be
administered by the Director.
(3) Roads; motorized vehicles.--
(A) Roads.--
(i) Prohibition on new permanent roads.--
The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Temporary roads.--The Director may
authorize the construction of new temporary
roads to respond to an emergency.
(B) Motorized vehicles.--Except as needed for
administrative purposes, to respond to an emergency, or
to develop range improvements, the use of motorized and
mechanized vehicles in the Special Management Area
shall be allowed only on existing roads and trails
designated for the use of motorized or mechanized
vehicles by the travel management plan established
under subparagraph (C).
(C) Travel management plan.--Not later than 2 years
after the date of enactment of this Act, the Director
shall establish a travel management plan for the
Special Management Area.
(4) Grazing.--Grazing of livestock in the Special
Management Area shall be administered--
(A) as a nondiscretionary use; and
(B) in accordance with the laws generally
applicable to land under the jurisdiction of the
Bureau, including--
(i) the Act of June 28, 1934 (commonly
known as the ``Taylor Grazing Act'') (48 Stat.
1269, chapter 865; 43 U.S.C. 315 et seq.);
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) the Public Rangelands Improvement Act
of 1978 (43 U.S.C. 1901 et seq.).
(5) Fire management and suppression.--
(A) In general.--The Director shall carry out fire
management and suppression activities in the Special
Management Area in accordance with the laws generally
applicable to land under the jurisdiction of the
Bureau.
(B) Review of policies, practices, and
regulations.--
(i) In general.--To ensure that the
policies, practices, and regulations of the
Bureau conform to and implement the intent of
Congress regarding forest fires, not later than
180 days after the date of enactment of this
Act, the Director shall review all policies,
practices, and regulations of the Bureau
applicable to the Special Management Area that
pertain to wildland fires, including the use of
modern methods of fire suppression.
(ii) Revision.--On completion of the review
under clause (i), the Director shall revise or
develop policies, practices, and regulations
for the Special Management Area--
(I) to ensure the timely and
efficient control of fires in the
Special Management Area; and
(II) to provide, to the maximum
extent practicable, adequate protection
from forest fires to any Federal,
State, or private land adjacent to the
Special Management Area.
(6) Timber harvesting.--Commercial timber harvesting shall
not be allowed in the Special Management Area.
(7) Withdrawal.--
(A) In general.--Except as provided in subparagraph
(B), subject to valid rights in existence on the date
of enactment of this Act, the land within the
boundaries of the Special Management Area is withdrawn
from--
(i) location, entry, and patent under the
mining laws; and
(ii) disposition under all laws relating to
mineral and geothermal leasing.
(B) Exception.--The Secretary of the Interior may
lease oil and gas resources within the boundaries of
the Special Management Area if--
(i) the lease may only be accessed by
directional drilling from a lease that is
outside of the Special Management Area; and
(ii) the lease prohibits, without exception
or waiver, surface occupancy and surface
disturbance within the Special Management Area
for any activities, including activities
related to exploration, development, or
production.
(c) Designation of Black Cat Special Management Area.--
(1) Designation.--The land described in paragraph (2) is
designated as the ``Black Cat Special Management Area''
(referred to in this subsection as the ``Special Management
Area'').
(2) Included land.--The Special Management Area shall
consist of--
(A) the Federal land in T. 14 N., R. 81 W., sec.
35, that is managed by the Forest Service; and
(B) the portions of T. 14 N., R. 81 W., secs. 26,
35, and 36, that are south and west of the North Platte
River.
(3) Administration.--The Special Management Area shall be
administered by the Secretary of Agriculture.
(4) Roads; motorized vehicles.--
(A) Roads.--
(i) Prohibition on new permanent roads.--
The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Temporary roads.--The Secretary of
Agriculture may authorize the construction of
new temporary roads to respond to an emergency.
(B) Motorized vehicles.--Except as needed for
administrative purposes, to respond to an emergency, or
to develop or maintain range improvements, the
Secretary of Agriculture shall prohibit the use of
motorized and mechanized vehicles in the Special
Management Area.
(5) Grazing.--Grazing of livestock in the Special
Management Areas shall be administered--
(A) as a nondiscretionary use; and
(B) in accordance with the laws generally
applicable to the National Forest System, including--
(i) the Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528 et seq.);
(ii) the Act of June 28, 1934 (commonly
known as the ``Taylor Grazing Act'') (48 Stat.
1269, chapter 865; 43 U.S.C. 315 et seq.); and
(iii) the Public Rangelands Improvement Act
of 1978 (43 U.S.C. 1901 et seq.).
(6) Fire management and suppression.--
(A) In general.--The Secretary of Agriculture shall
carry out fire management and suppression activities in
the Special Management Area--
(i) in accordance with the laws generally
applicable to--
(I) the National Forest System; and
(II) the land within the boundaries
of the Special Management Area; and
(ii)(I) if a land management plan has been
established for the Special Management Area, in
accordance with that land management plan; or
(II) if a land management plan has not been
established for the Special Management Area, in
a manner consistent with land that is similarly
situated to the land within the boundaries of
the Special Management Area, as determined by
the Secretary of Agriculture.
(B) Review of policies, practices, and
regulations.--
(i) In general.--To ensure that the
policies, practices, and regulations of the
Department of Agriculture conform to and
implement the intent of Congress regarding
forest fires, not later than 180 days after the
date of enactment of this Act, the Secretary of
Agriculture shall review all policies,
practices, and regulations of the Department of
Agriculture applicable to the Special
Management Area that pertain to forest fires,
including the use of modern methods of fire
suppression.
(ii) Revision.--On completion of the review
under clause (i), the Secretary of Agriculture
shall revise or develop policies, practices,
and regulations for the Special Management
Area--
(I) to ensure the timely and
efficient control of fires in the
Special Management Area; and
(II) to provide, to the maximum
extent practicable, adequate protection
from forest fires to any Federal,
State, or private land adjacent to the
Special Management Area.
(7) Timber harvesting.--Commercial timber harvesting shall
not be allowed in the Special Management Area.
(8) Withdrawal.--
(A) In general.--Except as provided in subparagraph
(B), subject to valid rights in existence on the date
of enactment of this Act, the land within the
boundaries of the Special Management Area is withdrawn
from--
(i) location, entry, and patent under the
mining laws; and
(ii) disposition under all laws relating to
mineral and geothermal leasing.
(B) Exception.--The Secretary of the Interior may,
with the approval of the Secretary of Agriculture,
lease oil and gas resources within the boundaries of
the Special Management Area if--
(i) the lease may only be accessed by
directional drilling from a lease that is
outside of the Special Management Area; and
(ii) the lease prohibits, without exception
or waiver, surface occupancy and surface
disturbance within the Special Management Area
for any activities, including activities
related to exploration, development, or
production.
(d) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), any portion of a wilderness study
area described in paragraph (2) that is not designated as
wilderness by this section has been adequately studied for
wilderness designation.
(2) Description of land.--The wilderness study areas
referred to in paragraphs (1) and (3) are--
(A) the Encampment River Canyon Wilderness Study
Area;
(B) the Prospect Mountain Wilderness Study Area;
and
(C) the Bennett Mountains Wilderness Study Area.
(3) Release.--Any portion of a wilderness study area
described in paragraph (2) that is not designated as wilderness
by this section is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
(4) Management of released land.--
(A) Encampment river canyon wilderness study
area.--The Director shall manage the portion of the
Encampment River Canyon Wilderness Study Area released
under paragraph (3) in a manner consistent with a
resource management plan that is applicable to any land
that--
(i) is adjacent to that released portion;
and
(ii) is not included in the Encampment
River Canyon Wilderness designated under
subsection (a)(1).
(B) Prospect mountain wilderness study area.--The
portion of the Prospect Mountain Wilderness Study Area
released under paragraph (3) shall be managed in
accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(ii) any other applicable law.
(C) Bennett mountains wilderness study area.--The
Director shall manage the portion of the Bennett
Mountains Wilderness Study Area released under
paragraph (3) in accordance with subsection (b).
SEC. 4. DESIGNATION OF LAND IN FREMONT AND NATRONA COUNTIES, WYOMING.
(a) Designation of Upper Sweetwater Canyon and Lower Sweetwater
Canyon Wilderness Areas.--
(1) Designation.--
(A) In general.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), the land within the
boundaries of the Sweetwater Canyon Wilderness Study
Area is designated as wilderness and, as described in
subparagraphs (B) and (C), as 2 components of the
National Wilderness Preservation System, to be known as
the ``Upper Sweetwater Canyon Wilderness'' (referred to
in this subsection as the ``Upper Wilderness'') and the
``Lower Sweetwater Canyon Wilderness'' (referred to in
this subsection as the ``Lower Wilderness'').
(B) Upper sweetwater canyon wilderness.--
(i) Boundary.--
(I) In general.--Except as provided
in subclause (II), the boundary of the
Upper Wilderness shall conform to the
boundary of the Sweetwater Canyon
Wilderness Study Area.
(II) Eastern boundary.--The eastern
boundary of the Upper Wilderness shall
be 100 feet from the western edge of
the north-south road bisecting the
Upper Wilderness and the Lower
Wilderness, known as ``Strawberry Creek
Road''.
(ii) Exclusion of existing roads.--Any
established legal route with authorized
motorized use in existence on the date of
enactment of this Act that enters the Upper
Wilderness in T. 28 N., R. 98 W., sec. 4, or
the Lower Wilderness in T. 29 N., R. 97 W.,
sec. 33, is not included in the Upper
Wilderness.
(C) Lower sweetwater canyon wilderness.--
(i) Boundary.--
(I) In general.--Except as provided
in subclauses (II) and (III), the
boundary of the Lower Wilderness shall
conform to the boundary of the
Sweetwater Canyon Wilderness Study
Area.
(II) Western boundary.--The western
boundary of the Lower Wilderness shall
be 100 feet from the eastern edge of
the north-south road bisecting the
Upper Wilderness and the Lower
Wilderness, known as ``Strawberry Creek
Road''.
(III) Northern boundary.--The
northern boundary of the Lower
Wilderness shall begin where the
bisecting road referred to in subclause
(II) enters the Sweetwater Canyon
Wilderness Study Area at the border of
T. 29 N., R. 98 W., sec. 36, and T. 28
N., R. 98 W., sec. 2, and shall run
east along the boundary of T. 29 N., R.
97 W., sec. 31, to the centerline of T.
29 N., R. 97 W., sec. 31, then north
along that centerline to the midpoint
of T. 29 N., R. 97 W., sec. 31, then
east along that centerline to the
boundary of T. 29 N., R. 97 W., sec.
32, then following the existing
boundary of the Sweetwater Canyon
Wilderness Study Area to the midpoint
of T. 29 N., R. 97 W., sec. 32, then
east along the centerline of T. 29 N.,
R. 97 W., secs. 32 and 33, to the
existing boundary of the Sweetwater
Canyon Wilderness Study Area.
(ii) Exclusion of existing roads.--Any
established legal route with authorized
motorized use in existence on the date of
enactment of this Act that enters the Upper
Wilderness in T. 29 N., R. 98 W., sec. 4, or
the Lower Wilderness in T. 29 N., R. 97 W.,
sec. 33, is not included in the Lower
Wilderness.
(2) Management.--
(A) Administration.--Subject to valid existing
rights, the Upper Wilderness and the Lower Wilderness
shall be administered by the Director in accordance
with--
(i) this paragraph; and
(ii) 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.
(B) Grazing.--Grazing of livestock in the Upper
Wilderness and the Lower Wilderness, where established
before the date of enactment of this Act, shall be
allowed to continue in accordance with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4));
(ii) the guidelines set forth in the report
of the Committee on Interior and Insular
Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H.
Rept. 96-617); and
(iii) the guidelines set forth in appendix
A of the Report of the Committee on Interior
and Insular Affairs to accompany H.R. 2570 of
the 101st Congress (H. Rept. 101-405).
(C) Maintenance of existing roads.--Necessary
maintenance or repairs to any road described in
subparagraph (B) or (C) of paragraph (1) shall be
permitted after the date of enactment of this Act,
consistent with the requirements of this subsection.
(D) Range improvements.--The construction,
reconstruction, and maintenance of range improvements
shall be allowed in the Upper Wilderness and the Lower
Wilderness.
(E) Buffer zones.--
(i) In general.--Nothing in this paragraph
creates a protective perimeter or buffer zone
around the Upper Wilderness or the Lower
Wilderness.
(ii) Activities outside wilderness areas.--
The fact that an activity or use on land
outside the Upper Wilderness or the Lower
Wilderness can be seen or heard within the
Upper Wilderness or the Lower Wilderness,
respectively, shall not preclude the activity
or use outside the boundary of the Upper
Wilderness or the Lower Wilderness.
(3) Release of wilderness study area.--Congress finds that,
for the purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the land within
the Sweetwater Canyon Wilderness Study Area not designated as
wilderness by this subsection has been adequately studied for
wilderness designation and is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
(b) Designation of Sweetwater Rocks Special Management Area.--
(1) Designation.--The land within the Lankin Dome, Split
Rock, Savage Peak, and Miller Springs Wilderness Study Areas is
designated as the ``Sweetwater Rocks Special Management Area''
(referred to in this subsection as the ``Special Management
Area'').
(2) Administration.--The Special Management Area shall be
administered by the Director in a manner that protects--
(A) valid existing rights;
(B) agricultural uses;
(C) primitive recreational opportunities; and
(D) natural, historic, and scenic resources.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized vehicles in the Special
Management Area shall be allowed only on established
legal routes with authorized motorized use existing on
the date of enactment of this Act.
(B) Exceptions.--Notwithstanding subparagraph (A),
the use of motorized vehicles may be allowed in the
Special Management Area for the construction,
reconstruction, or maintenance of necessary
infrastructure, as determined by the Director.
(4) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to land under the jurisdiction of the
Bureau.
(5) Prohibition on certain overhead towers.--No new
overhead transmission or communications tower shall be
constructed in the Special Management Area.
(6) Underground rights-of-way.--The Director may expand any
underground right-of-way in the Special Management Area that
exists as of the date of enactment of this Act.
(7) Buffer zones.--
(A) In general.--Nothing in this subsection creates
a protective perimeter or buffer zone around the
Special Management Area.
(B) Activities outside special management area.--
The fact that an activity or use on land outside the
Special Management Area can be seen or heard within the
Special Management Area shall not preclude the activity
or use outside the boundary of the Special Management
Area.
(8) Land exchanges and easements.--
(A) Land exchanges.--
(i) In general.--The Director may propose
to, and carry out with, an individual or entity
owning land in the vicinity of the Special
Management Area any land exchange that--
(I) increases access to the Special
Management Area; and
(II) does not result in a net loss
of Federal land.
(ii) Process.--The Director may carry out
clause (i)--
(I) through the use of existing
processes; or
(II) by establishing a process for
proposing and carrying out land
exchanges under that clause.
(B) Easements.--Notwithstanding any other provision
of law, the Director may acquire from an individual or
entity owning land in the vicinity of the Special
Management Area an easement for the purpose of
increasing access to the Special Management Area.
(9) Withdrawals.--
(A) Mining, mineral, and geothermal withdrawal.--
(i) In general.--Except as provided in
clause (ii), subject to valid rights in
existence on the date of enactment of this Act,
the land within the boundaries of the Special
Management Area is withdrawn from--
(I) location, entry, and patent
under the mining laws; and
(II) disposition under all laws
relating to mineral and geothermal
leasing.
(ii) Exception.--The Secretary of the
Interior may lease oil and gas resources within
the boundaries of the Special Management Area
if--
(I) the lease may only be accessed
by directional drilling from a lease
that is outside of the Special
Management Area; and
(II) the lease prohibits, without
exception or waiver, surface occupancy
and surface disturbance within the
Special Management Area for any
activities, including activities
related to exploration, development, or
production.
(B) Wind and solar energy withdrawal.--Subject to
valid rights in existence on the date of enactment of
this Act, the land within the boundaries of the Special
Management Area is withdrawn from right-of-way leasing
and disposition under all laws relating to wind or
solar energy.
(10) Release of wilderness study areas.--Congress finds
that, for the purposes of section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land
within the Lankin Dome, Split Rock, Savage Peak, and Miller
Springs Wilderness Study Areas has been adequately studied for
wilderness designation and is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
(c) Release of the Dubois Badlands Wilderness Study Area.--
(1) Division.--The Director shall divide the land within
the Dubois Badlands Wilderness Study Area by installing a
fence, or repairing or relocating an existing fence, in T. 41
N., R. 106 W., sec. 5, that--
(A) follows existing infrastructure and natural
barriers;
(B) begins at an intersection with North Mountain
View Road in the NE\1/4\NW\1/4\ sec. 5, T. 41 N., R.
106 W.;
(C) from the point described in subparagraph (B),
proceeds southeast to a point near the midpoint of the
NE\1/4\ sec. 5, T. 41 N., R. 106 W.; and
(D) from the point described in subparagraph (C),
proceeds southwest to a point in the SW\1/4\NE\1/4\
sec. 5, T. 41 N., R. 106 W., that intersects with the
boundary of the Dubois Badlands Wilderness Study Area.
(2) Dubois motorized recreation area.--
(A) Establishment.--There is established the Dubois
Motorized Recreation Area (referred to in this
paragraph as the ``Recreation Area'') in the State, to
be managed by the Director.
(B) Area included.--The Recreation Area shall
consist of--
(i) any land within the boundaries of the
Dubois Badlands Wilderness Study Area that is
west of the fence described in paragraph (1);
and
(ii) any Federal land in T. 41 N., R. 106
W., secs. 5 and 6 that--
(I) is managed by the Bureau; and
(II) is west of North Mountain View
Road.
(C) Management.--
(i) Boundary fence.--
(I) In general.--The Director shall
construct a fence along the western
boundary of the Recreation Area on any
land that--
(aa) is managed by the
Bureau; and
(bb) is west of North
Mountain View Road.
(II) Coordination.--In designing,
locating, and constructing the fence
described in subclause (I), the
Director shall coordinate with the
owners of any land adjacent to the land
described in that subclause.
(ii) Travel management plan.--As soon as
practicable after the date of completion of the
fence described in clause (i), the Director
shall establish a travel management plan for
the Recreation Area to maximize the use of
motorized off-road vehicles in the Recreation
Area.
(3) Dubois badlands national conservation area.--
(A) Establishment.--There is established the Dubois
Badlands National Conservation Area (referred to in
this paragraph as the ``Conservation Area'') in the
State, to be managed by the Director.
(B) Area included.--The Conservation Area shall
consist of any land within the boundaries of the Dubois
Badlands Wilderness Study Area that is east of the
fence described in paragraph (1).
(C) Management.--
(i) In general.--The Director shall manage
the Conservation Area in a manner that
protects--
(I) valid existing rights;
(II) agricultural uses;
(III) primitive recreational
opportunities; and
(IV) natural, historic, and scenic
resources.
(D) Motorized vehicles.--
(i) In general.--Except as provided in
clause (ii), the use of motorized vehicles in
the Conservation Area shall not be allowed.
(ii) Exceptions.--The Director may allow
the use of motorized vehicles in the
Conservation Area for--
(I) habitat improvement;
(II) the construction,
reconstruction, or maintenance of range
improvements; and
(III) to respond to an emergency.
(E) Grazing.--Grazing of livestock in the
Conservation Area shall be administered in accordance
with the laws generally applicable to land under the
jurisdiction of the Bureau.
(F) Rights-of-way.--No major right-of-way shall be
allowed within the boundaries of the Conservation Area.
(G) Withdrawal.--
(i) In general.--Subject to valid rights in
existence on the date of enactment of this Act,
the land within the boundaries of the
Conservation Area is withdrawn from--
(I) location, entry, and patent
under the mining laws; and
(II) disposition under all laws
relating to mineral and geothermal
leasing.
(4) Release.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the land within the Dubois Badlands
Wilderness Study Area has been adequately studied for
wilderness designation and is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
(d) Release of Certain Wilderness Study Areas.--
(1) Copper mountain wilderness study area.--
(A) Release.--Congress finds that, for the purposes
of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the land
within the Copper Mountain Wilderness Study Area--
(i) has been adequately studied for
wilderness designation;
(ii) is no longer subject to section 603(c)
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)); and
(iii) shall be managed in accordance with
this paragraph.
(B) Management of released land.--
(i) In general.--The land described in
subparagraph (A) shall be administered by the
Director in accordance with the laws generally
applicable to land under the jurisdiction of
the Bureau.
(ii) Mineral leasing.--
(I) In general.--Subject to surface
occupancy requirements and any other
provision of law, the Director may
enter mineral leases for any land
described in subparagraph (A) that has
a slope of less than 25 percent.
(II) Underground rights-of-way.--
The Director may grant underground
rights-of-way for any mineral lease
entered into under subclause (I).
(iii) Prohibition of certain leases.--
Subject to valid rights in existence on the
date of enactment of this Act, the Director
shall not issue a new lease for a wind or solar
project, an overhead transmission line, or a
communication tower on the land described in
subparagraph (A).
(C) Authority to exchange land.--In carrying out
any land exchange involving any of the land described
in subparagraph (A), the Director shall ensure that the
exchange does not result in a net loss of Federal land.
(2) Whiskey mountain wilderness study area.--
(A) Release.--Congress finds that, for the purposes
of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the land
within the Whiskey Mountain Wilderness Study Area--
(i) has been adequately studied for
wilderness designation;
(ii) is no longer subject to section 603(c)
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)); and
(iii) shall be managed in accordance with
this paragraph.
(B) Management of released land.--The land
described in subparagraph (A) shall be administered by
the Director in accordance with--
(i) a resource management plan that is
applicable to any land adjacent to the land
described in subparagraph (A); and
(ii) the Whiskey Mountain Cooperative
Agreement between the Wyoming Game and Fish
Commission, the Forest Service, and the Bureau,
including any amendment to that agreement
relating to the management of bighorn sheep.
(e) Management of Land in Fremont County, Wyoming.--
(1) Definition of county.--In this subsection, the term
``County'' means Fremont County, Wyoming.
(2) Lander slope and red canyon areas of environmental
concern.--
(A) Transfers.--The Director shall pursue transfers
in which land managed by the Bureau in the County is
exchanged for land owned by the State that is within
the boundaries of--
(i) the Lander Slope Area of Critical
Environmental Concern; or
(ii) the Red Canyon Area of Critical
Environmental Concern.
(B) Requirements.--A transfer under subparagraph
(A) shall--
(i) comply with all requirements of law,
including any required analysis; and
(ii) be subject to appropriation.
(3) Study.--
(A) In general.--The Director shall carry out a
study to evaluate the potential for the development of
special motorized recreation areas in the County.
(B) Requirements.--The study under subparagraph (A)
shall evaluate--
(i) the potential for the development of
special motorized recreation areas on all land
managed by the Bureau in the County except--
(I) T. 40 N., R. 94 W., secs. 15,
17, 18, 19, 20, 21, 22, 27, 28, 29, and
the N\1/2\ sec. 34; and
(II) any land that is subject to a
restriction on the use of off-road
vehicles under any Federal law,
including this Act;
(ii) the suitability of the land for off-
road vehicles, including rock crawlers; and
(iii) the parking, staging, and camping
necessary to accommodate special motorized
recreation.
(C) Report.--Not later than 2 years after the date
of enactment of this Act, the Director shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a report describing the
findings of the study under subparagraph (A).
(4) Fremont county implementation team.--
(A) Establishment.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the
Interior shall establish a team, to be known as the
``Fremont County Implementation Team'' (referred to in
this paragraph as the ``Team'') to advise and assist
the Director with respect to the implementation of the
management requirements described in this section that
are applicable to land in the County.
(B) Membership.--The team shall consist of--
(i) the Secretary of the Interior (or a
designee of the Secretary of the Interior); and
(ii) 1 or more individuals appointed by the
Board of County Commissioners of the County.
(C) Nonapplicability of the Federal Advisory
Committee Act.--The team shall not be subject to the
requirements of chapter 10 of title 5, United States
Code (commonly referred to as the ``Federal Advisory
Committee Act'').
SEC. 5. DESIGNATION OF LAND IN JOHNSON AND CAMPBELL COUNTIES, WYOMING.
(a) Designations.--
(1) Fortification creek management area.--The land within
the Fortification Creek Wilderness Study Area is designated as
the ``Fortification Creek Management Area''.
(2) Fraker mountain management area.--The land within the
Gardner Mountain Wilderness Study Area is designated as the
``Fraker Mountain Management Area''.
(3) North fork management area.--The land within the North
Fork Wilderness Study Area is designated as the ``North Fork
Management Area''.
(b) Management.--
(1) Administration.--The management areas designated by
subsection (a) (referred to in this subsection as the
``Management Areas'') shall be administered by the Director in
a manner that--
(A) promotes nonmotorized backcountry recreation,
including hunting; and
(B) supports ongoing projects to maintain and
improve--
(i) wildlife habitat;
(ii) forest health;
(iii) watershed protection; and
(iv) ecological and cultural values.
(2) Roads.--
(A) Prohibition on new permanent roads.--The
construction of new permanent roads in the Management
Areas shall not be allowed.
(B) Temporary roads.--The Secretary of the Interior
may authorize the construction of new temporary roads
in the Management Areas--
(i) for--
(I) fire suppression;
(II) forest health and restoration;
(III) weed and pest control;
(IV) habitat management;
(V) livestock management; or
(VI) the construction,
reconstruction, or maintenance of a
range improvement; or
(ii) to respond to an emergency.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized or mechanized vehicles in the
Management Areas shall not be allowed.
(B) Exceptions.--The Director may allow the use of
motorized or mechanized vehicles in the Management
Areas--
(i) for--
(I) fire suppression;
(II) forest health and restoration;
(III) weed and pest control;
(IV) habitat management;
(V) livestock management; or
(VI) the construction,
reconstruction, or maintenance of a
range improvement; or
(ii) to respond to an emergency.
(4) Grazing.--Grazing of livestock in the Management Areas
shall be administered in accordance with the laws generally
applicable to land under the jurisdiction of the Bureau.
(5) Prohibition on certain infrastructure.--The
development, construction, or installation of infrastructure
for recreational use shall not be allowed in--
(A) the Fraker Mountain Management Area; or
(B) the North Fork Management Area.
(6) Withdrawal.--
(A) In general.--Except as provided in subparagraph
(B), subject to valid rights in existence on the date
of enactment of this Act, the land within the
boundaries of the Management Areas is withdrawn from--
(i) location, entry, and patent under the
mining laws; and
(ii) disposition under all laws relating to
mineral and geothermal leasing.
(B) Exception.--The Secretary of the Interior may
lease oil and gas resources within the boundaries of a
management area designated by paragraph (1) if--
(i) the lease may only be accessed by
directional drilling from a lease that is
outside of the management area; and
(ii) the lease prohibits, without exception
or waiver, surface occupancy and surface
disturbance within the management area for any
activities, including activities related to
exploration, development, or production.
(7) Release of wilderness study areas.--Congress finds
that, for the purposes of section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land
within the Fortification Creek Wilderness Study Area, the
Gardner Mountain Wilderness Study Area, and the North Fork
Wilderness Study Area has been adequately studied for
wilderness designation and is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
SEC. 6. DESIGNATION OF LAND IN WASHAKIE AND HOT SPRINGS COUNTIES,
WYOMING.
(a) Designation of Bobcat Draw Wilderness.--
(1) Designation.--
(A) In general.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), the approximately 6,200
acres of land within the Bobcat Draw Wilderness Study
Area described in subparagraph (B) is designated as
wilderness and as a component of the National
Wilderness Preservation System, to be known as the
``Bobcat Draw Wilderness'' (referred to in this
subsection as the ``Wilderness'').
(B) Included land.--The Wilderness shall consist
of--
(i) in T. 48 N., R. 97 W., secs. 2, 3, 10,
11, 15, 22, 23, 26, and 27, any land in the
Bobcat Draw Wilderness Study Area that is in
Washakie County, Wyoming;
(ii) in T. 48 N., R. 97 W., sec. 4, the
land in--
(I) the E\1/2\SE\1/4\;
(II) lots 5, 6, 11, 12, 13 and 14
of the NE\1/4\;
(III) the east \1/2\ of lot 10 of
the NW\1/4\; and
(IV) the northeast \1/4\ of lot 15
of the NW\1/4\;
(iii) in T. 48 N., R. 97 W., sec. 9, the
land in--
(I) the E\1/2\NE\1/4\;
(II) the SW\1/4\NE\1/4\;
(III) the E\1/2\NW\1/4\NE\1/4\;
(IV) the SE\1/4\SE\1/4\NW\1/4\;
(V) the SE\1/4\;
(VI) the E\1/2\NE\1/4\SW\1/4\;
(VII) the SW\1/4\NE\1/4\SW\1/4\;
(VIII) the SE\1/4\SW\1/4\; and
(IX) the E\1/2\SW\1/4\SW\1/4\;
(iv) in T. 48 N., R. 97 W., sec. 14, the
land in--
(I) the W\1/2\;
(II) the W\1/2\NE\1/4\;
(III) the W\1/2\SE\1/4\; and
(IV) the SE\1/4\SE\1/4\;
(v) in T. 48 N., R. 97 W., sec. 21, the
land in--
(I) the NE\1/4\;
(II) the E\1/2\NE\1/4\NW\1/4\;
(III) the E\1/2\SE\1/4\NW\1/4\;
(IV) the E\1/2\NE\1/4\SW\1/4\;
(V) that part of the E\1/2\SE\1/
4\SW\1/4\ within the boundary of the
Bobcat Draw Wilderness Study Area; and
(VI) that part of the SE\1/4\
within the boundary of the Bobcat Draw
Wilderness Study Area; and
(vi) in T. 48 N., R. 97 W., sec. 24, the
land in--
(I) the W\1/2\NW\1/4\; and
(II) that part of the NW\1/4\SW\1/
4\ within the boundary of the Bobcat
Draw Wilderness Study Area.
(2) Management.--
(A) Administration.--Subject to valid existing
rights, the Wilderness shall be administered by the
Director in accordance with--
(i) this paragraph; and
(ii) 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.
(B) Grazing.--Grazing of livestock in the
Wilderness, where established before the date of
enactment of this Act, shall be allowed to continue in
accordance with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4));
(ii) the guidelines set forth in the report
of the Committee on Interior and Insular
Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H.
Rept. 96-617); and
(iii) the guidelines set forth in appendix
A of the Report of the Committee on Interior
and Insular Affairs to accompany H.R. 2570 of
the 101st Congress (H. Rept. 101-405).
(C) Review of policies, practices, and
regulations.--
(i) In general.--To ensure that the
policies, practices, and regulations of the
Department conform to and implement the intent
of Congress regarding forest fires and the
outbreak of disease or insects, not later than
180 days after the date of enactment of this
Act, the Secretary of the Interior shall review
all policies, practices, and regulations of the
Department applicable to the Wilderness that
pertain to--
(I) forest fires, including the use
of modern methods of fire suppression
(including mechanical activity, as
necessary); or
(II) the outbreak of disease or
insect populations.
(ii) Revisions.--On completion of the
review under clause (i), the Secretary of the
Interior shall revise or develop policies,
practices, and regulations for the Wilderness--
(I) to ensure the timely and
efficient control of fires, diseases,
and insects in the Wilderness; and
(II) to provide, to the maximum
extent practicable, adequate protection
from forest fires, disease outbreaks,
and insect infestations to any Federal,
State, or private land adjacent to the
Wilderness.
(3) Release of wilderness study area.--
(A) Release.--Congress finds that, for the purposes
of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the land
within the Bobcat Draw Wilderness Study Area not
designated as wilderness by this subsection has been
adequately studied for wilderness designation and is no
longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
(B) Classification and management of released
land.--
(i) Classification.--The Director shall
designate the land described in subparagraph
(A) as visual resource management class II.
(ii) Grazing.--Grazing of livestock on the
land described in subparagraph (A) shall be
administered--
(I) as a nondiscretionary use; and
(II) in accordance with the laws
generally applicable to land under the
jurisdiction of the Bureau.
(C) Travel management plan.--
(i) In general.--Not later than 2 years
after the date of enactment of this Act, the
Director shall develop a travel management plan
for the land described in subparagraph (A).
(ii) Requirements.--The travel management
plan under clause (i) shall--
(I) identify all existing roads and
trails on the land described in
subparagraph (A);
(II) designate each road or trail
available for--
(aa) motorized or
mechanized recreation; or
(bb) agriculture practices;
(III) prohibit the construction of
any new road or trail for motorized or
mechanized recreation use; and
(IV) permit the continued use of
nonmotorized trails.
(D) Withdrawal.--
(i) In general.--Except as provided in
clause (ii), subject to valid rights in
existence on the date of enactment of this Act,
the land described in subparagraph (A) is
withdrawn from--
(I) location, entry, and patent
under the mining laws; and
(II) disposition under all laws
relating to mineral and geothermal
leasing.
(ii) Exception.--The Secretary of the
Interior may lease oil and gas resources within
the land described in subparagraph (A) if--
(I) the lease may only be accessed
by directional drilling from a lease
that is outside of the land described
in subparagraph (A); and
(II) the lease prohibits, without
exception or waiver, surface occupancy
and surface disturbance on the land
described in subparagraph (A) for any
activities, including activities
related to exploration, development, or
production.
(b) Designation of Cedar Mountain Special Management Area.--
(1) Designation.--
(A) In general.--Except as provided in subparagraph
(B), the land within the Cedar Mountain Wilderness
Study Area is designated as the ``Cedar Mountain
Special Management Area'' (referred to in this
subsection as the ``Special Management Area'').
(B) Excluded land.--
(i) In general.--The land described in
clause (ii) is not included in the Special
Management Area.
(ii) Land described.--The land referred to
in clause (i) is the land designated by the
Bureau as not suitable for wilderness in--
(I) the NE\1/4\NW\1/4\ sec. 5, T.
44 N., R. 94 W;
(II) the NE\1/4\SE\1/4\ sec. 5, T.
44 N., R. 94 W;
(III) the SW\1/4\NE\1/4\ sec. 5, T.
44 N., R. 94 W; and
(IV) the SW\1/4\SW\1/4\ sec. 32, T.
45 N., R. 94 W.
(2) Administration.--The Special Management Area shall be
administered by the Director in a manner that--
(A) maintains the recreational, scenic, cultural,
ecological, wildlife, and livestock production values
of the Special Management Area; and
(B) promotes continued use of the Special
Management Area for recreational activities, including
hunting and wildlife viewing.
(3) Travel management plan.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Director shall
develop a travel management plan for the Special
Management Area.
(B) Requirements.--The travel management plan under
subparagraph (A) shall--
(i) identify all existing roads and trails
in the Special Management Area;
(ii) designate each road or trail available
for--
(I) motorized or mechanized
recreation; or
(II) agriculture practices;
(iii) prohibit the construction of any new
road or trail for motorized or mechanized
recreation use; and
(iv) permit the continued use of
nonmotorized trails.
(4) Motorized vehicles.--
(A) Use of motorized vehicles for livestock.--The
use of motorized vehicles shall be allowed on any road
in the Special Management Area for--
(i) the construction, reconstruction, or
maintenance of range improvements; or
(ii) other livestock-management purposes.
(B) Use of motorized vehicles for emergencies.--The
use of motorized vehicles shall be allowed in the
Special Management Area--
(i) for fire suppression;
(ii) for weed and pest management; and
(iii) to respond to an emergency.
(5) Grazing.--Grazing of livestock in the Special
Management Area shall be administered--
(A) as a nondiscretionary use; and
(B) in accordance with the laws generally
applicable to land under the jurisdiction of the
Bureau.
(6) Withdrawal.--
(A) In general.--Except as provided in subparagraph
(B), subject to valid rights in existence on the date
of enactment of this Act, the land within the
boundaries of the Special Management Area is withdrawn
from--
(i) location, entry, and patent under the
mining laws; and
(ii) disposition under all laws relating to
mineral and geothermal leasing.
(B) Exception.--The Secretary of the Interior may
lease oil and gas resources within the boundaries of
the Special Management Area if--
(i) the lease may only be accessed by
directional drilling from a lease that is
outside of the Special Management Area; and
(ii) the lease prohibits, without exception
or waiver, surface occupancy and surface
disturbance within the Special Management Area
for any activities, including activities
related to exploration, development, or
production.
(7) Release of wilderness study area.--
(A) Release.--Congress finds that, for the purposes
of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the land
within the Cedar Mountain Wilderness Study Area has
been adequately studied for wilderness designation and
is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
(B) Management of certain released land.--The
Director shall manage any land described in
subparagraph (A) that is not included in the Special
Management Area in a manner consistent with a resource
management plan that is applicable to any land that--
(i) is managed by the Bureau; and
(ii) is similarly situated to the land
described in subparagraph (A) that is not
included in the Special Management Area.
(c) Release of Honeycombs Wilderness Study Area.--
(1) Release.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the land within the Honeycombs
Wilderness Study Area--
(A) has been adequately studied for wilderness
designation;
(B) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(C) shall be managed in accordance with this
subsection.
(2) Management of released land.--The land described in
paragraph (1) shall be administered by the Director in
accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(B) a resource management plan that is applicable
to any land adjacent to the land described in paragraph
(1).
(d) Study of Land in Hot Springs and Washakie Counties.--
(1) Definition of counties.--In this subsection, the term
``Counties'' means each of the following counties in the State:
(A) Hot Springs County.
(B) Washakie County.
(2) Study.--
(A) In general.--The Director shall carry out a
study to evaluate the potential for the development of
new special motorized recreation areas in the Counties.
(B) Requirements.--
(i) Land included.--The study under
subparagraph (A) shall evaluate the potential
for the development of new special motorized
recreation areas on all land managed by the
Bureau in the Counties except any land that is
subject to a restriction on the use of
motorized or mechanized vehicles under any
Federal law, including this Act.
(ii) Public input; collaboration.--In
carrying out the study under subparagraph (A),
the Director shall--
(I) offer opportunities for public
input; and
(II) collaborate with--
(aa) Wyoming Parks,
Historic Sites, and Trails; and
(bb) the Counties.
(C) Report.--Not later than 2 years after the date
of enactment of this Act, the Director shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a report describing the
findings of the study under subparagraph (A).
SEC. 7. APPLICATION OF BLM RULE.
The proposed rule of the Bureau entitled ``Conservation and
Landscape Health'' (88 Fed. Reg. 19583 (April 3, 2023)) or any
substantially similar rule shall not apply to the land covered by this
Act.
<all>
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118S1349 | College Transparency Act | [
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"G000386... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1349 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1349
To establish a postsecondary student data system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Cassidy (for himself, Ms. Warren, Mr. Marshall, Mr. Whitehouse, Mr.
Grassley, Mr. Hickenlooper, Mrs. Capito, Mr. Kaine, Mr. Tillis, Mr.
Murphy, Mr. Cornyn, Mr. Casey, Ms. Ernst, Mr. Lujan, Mr. Cramer, Ms.
Klobuchar, Mr. Romney, 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 a postsecondary student data system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Transparency Act''.
SEC. 2. POSTSECONDARY STUDENT DATA SYSTEM.
Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a)
is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Postsecondary Student Data System.--
``(1) In general.--
``(A) Establishment of system.--Not later than 4
years after the date of enactment of the College
Transparency Act, the Commissioner of the National
Center for Education Statistics (referred to in this
subsection as the `Commissioner') shall develop and
maintain a secure and privacy-protected postsecondary
student-level data system in order to--
``(i) accurately evaluate student
enrollment patterns, progression, completion,
and postcollegiate outcomes, and higher
education costs and financial aid;
``(ii) assist with transparency,
institutional improvement, and analysis of
Federal aid programs;
``(iii) provide accurate, complete, and
customizable information for students and
families making decisions about postsecondary
education; and
``(iv) reduce the reporting burden on
institutions of higher education, in accordance
with section 5 of the College Transparency Act.
``(B) Avoiding duplicated reporting.--
Notwithstanding any other provision of this section, to
the extent that another provision of this section
requires the same reporting or collection of data that
is required under this subsection, an institution of
higher education, or the Secretary or Commissioner,
shall use the reporting or data required for the
postsecondary student data system under this subsection
to satisfy both requirements.
``(C) Development process.--In developing the
postsecondary student data system described in this
subsection, the Commissioner shall--
``(i) focus on the needs of--
``(I) users of the data system; and
``(II) entities, including
institutions of higher education,
reporting to the data system;
``(ii) take into consideration, to the
extent practicable--
``(I) the guidelines outlined in
the U.S. Web Design Standards
maintained by the General Services
Administration and the Digital Services
Playbook and TechFAR Handbook for
Procuring Digital Services Using Agile
Processes of the U.S. Digital Service;
and
``(II) the relevant successor
documents or recommendations of such
guidelines;
``(iii) use modern, relevant privacy- and
security-enhancing technology, and enhance and
update the data system as necessary to carry
out the purpose of this subsection;
``(iv) ensure data privacy and security is
consistent with any relevant Federal law
relating to privacy or data security,
including--
``(I) the requirements of
subchapter II of chapter 35 of title
44, United States Code, specifying
security categorization under the
Federal Information Processing
Standards or any relevant successor of
such standards;
``(II) security requirements that
are consistent with the Federal agency
responsibilities in section 3554 of
title 44, United States Code, or any
relevant successor of such
responsibilities; and
``(III) security requirements,
guidelines, and controls consistent
with cybersecurity standards and best
practices developed by the National
Institute of Standards and Technology,
including frameworks, consistent with
section 2(c) of the National Institute
of Standards and Technology Act (15
U.S.C. 272(c)), or any relevant
successor of such frameworks;
``(v) follow Federal data minimization
practices to ensure only the minimum amount of
data is collected to meet the system's goals,
in accordance with Federal data minimization
standards and guidelines developed by the
National Institute of Standards and Technology;
and
``(vi) provide notice to students outlining
the data included in the system and how the
data are used.
``(2) Data elements.--
``(A) In general.--Not later than 4 years after the
date of enactment of the College Transparency Act, the
Commissioner, in consultation with the Postsecondary
Student Data System Advisory Committee established
under subparagraph (B), shall determine--
``(i) the data elements to be included in
the postsecondary student data system, in
accordance with subparagraphs (C) and (D); and
``(ii) how to include the data elements
required under subparagraph (C), and any
additional data elements selected under
subparagraph (D), in the postsecondary student
data system.
``(B) Postsecondary student data system advisory
committee.--
``(i) Establishment.--Not later than 2
years after the date of enactment of the
College Transparency Act, the Commissioner
shall establish a Postsecondary Student Data
System Advisory Committee (referred to in this
subsection as the `Advisory Committee'), whose
members shall include--
``(I) the Chief Privacy Officer of
the Department or an official of the
Department delegated the duties of
overseeing data privacy at the
Department;
``(II) the Chief Security Officer
of the Department or an official of the
Department delegated the duties of
overseeing data security at the
Department;
``(III) representatives of diverse
institutions of higher education, which
shall include equal representation
between 2-year and 4-year institutions
of higher education, and from public,
nonprofit, and proprietary institutions
of higher education, including
minority-serving institutions;
``(IV) representatives from State
higher education agencies, entities,
bodies, or boards;
``(V) representatives of
postsecondary students;
``(VI) representatives from
relevant Federal agencies;
``(VII) individuals with expertise
in data privacy and security; and
``(VIII) other stakeholders
(including individuals with consumer
protection and postsecondary education
research).
``(ii) Requirements.--The Commissioner
shall ensure that the Advisory Committee--
``(I) adheres to all requirements
under chapter 10 of title 5, United
States Code (commonly known as the
`Federal Advisory Committee Act');
``(II) establishes operating and
meeting procedures and guidelines
necessary to execute its advisory
duties; and
``(III) is provided with
appropriate staffing and resources to
execute its advisory duties.
``(C) Required data elements.--The data elements in
the postsecondary student data system shall include, at
a minimum, the following:
``(i) Student-level data elements necessary
to calculate the information within the surveys
designated by the Commissioner as `student-
related surveys' in the Integrated
Postsecondary Education Data System (IPEDS), as
such surveys are in effect on the day before
the date of enactment of the College
Transparency Act, except that in the case that
collection of such elements would conflict with
subparagraph (F), such elements in conflict
with subparagraph (F) shall be included in the
aggregate instead of at the student level.
``(ii) Student-level data elements
necessary to allow for reporting student
enrollment, persistence, retention, transfer,
and completion measures for all credential
levels separately (including certificate,
associate, baccalaureate, and advanced degree
levels), within and across institutions of
higher education (including across all
categories of institution level, control, and
predominant degree awarded). The data elements
shall allow for reporting about all such data
disaggregated by the following categories:
``(I) Enrollment status as a first-
time student, recent transfer student,
or other non-first-time student.
``(II) Attendance intensity,
whether full-time or part-time.
``(III) Credential-seeking status,
by credential level.
``(IV) Race or ethnicity, in a
manner that captures all the racial
groups specified in the most recent
American Community Survey of the Bureau
of the Census.
``(V) Age intervals.
``(VI) Gender.
``(VII) Program of study (as
applicable).
``(VIII) Military or veteran
benefit status (as determined based on
receipt of veteran's education
benefits, as defined in section
480(c)).
``(IX) Status as a distance
education student, whether exclusively
or partially enrolled in distance
education.
``(X) Federal Pell Grant recipient
status under section 401 and Federal
loan recipient status under title IV,
provided that the collection of such
information complies with paragraph
(1)(B).
``(D) Other data elements.--
``(i) In general.--The Commissioner may,
after consultation with the Advisory Committee
and provision of a public comment period,
include additional data elements in the
postsecondary student data system, such as
those described in clause (ii), if those data
elements--
``(I) are necessary to ensure that
the postsecondary data system fulfills
the purposes described in paragraph
(1)(A); and
``(II) are consistent with data
minimization principles, including the
collection of only those additional
elements that are necessary to ensure
such purposes.
``(ii) Data elements.--The data elements
described in clause (i) may include--
``(I) status as a first generation
college student, as defined in section
402A(h);
``(II) economic status;
``(III) participation in
postsecondary remedial coursework or
gateway course completion; or
``(IV) other data elements that are
necessary in accordance with clause
(i).
``(E) Reevaluation.--Not less than once every 3
years after the implementation of the postsecondary
student data system described in this subsection, the
Commissioner, in consultation with the Advisory
Committee described in subparagraph (B), shall review
the data elements included in the postsecondary student
data system and may revise the data elements to be
included in such system.
``(F) Prohibitions.--The Commissioner shall not
include individual health data (including data relating
to physical health or mental health), student
discipline records or data, elementary and secondary
education data, an exact address, citizenship status,
migrant status, or national origin status for students
or their families, course grades, postsecondary
entrance examination results, political affiliation, or
religion in the postsecondary student data system under
this subsection.
``(3) Periodic matching with other federal data systems.--
``(A) Data sharing agreements.--
``(i) The Commissioner shall ensure secure
and privacy-protected periodic data matches by
entering into data sharing agreements with each
of the following Federal agencies and offices:
``(I) The Secretary of the Treasury
and the Commissioner of the Internal
Revenue Service, in order to calculate
aggregate program- and institution-
level earnings of postsecondary
students.
``(II) The Secretary of Defense, in
order to assess the use of
postsecondary educational benefits and
the outcomes of servicemembers.
``(III) The Secretary of Veterans
Affairs, in order to assess the use of
postsecondary educational benefits and
outcomes of veterans.
``(IV) The Director of the Bureau
of the Census, in order to assess the
earnings outcomes of former
postsecondary education students.
``(V) The Chief Operating Officer
of the Office of Federal Student Aid,
in order to analyze the use of
postsecondary educational benefits
provided under this Act.
``(VI) The Commissioner of the
Social Security Administration, in
order to evaluate labor market outcomes
of former postsecondary education
students.
``(VII) The Commissioner of the
Bureau of Labor Statistics, in order to
assess the wages of former
postsecondary education students.
``(ii) The heads of Federal agencies and
offices described under clause (i) shall enter
into data sharing agreements with the
Commissioner to ensure secure and privacy-
protected periodic data matches as described in
this paragraph.
``(B) Categories of data.--The Commissioner shall,
at a minimum, seek to ensure that the secure and
privacy-protected periodic data matches described in
subparagraph (A) permit consistent reporting of the
following categories of data for all postsecondary
students:
``(i) Enrollment, retention, transfer, and
completion outcomes for all postsecondary
students.
``(ii) Financial indicators for
postsecondary students receiving Federal grants
and loans, including grant and loan aid by
source, cumulative student debt, loan repayment
status, and repayment plan.
``(iii) Post-completion outcomes for all
postsecondary students, including earnings,
employment, and further education, by program
of study and credential level and as measured--
``(I) immediately after leaving
postsecondary education; and
``(II) at time intervals
appropriate to the credential sought
and earned.
``(C) Periodic data match streamlining and
confidentiality.--
``(i) Streamlining.--In carrying out the
secure and privacy-protected periodic data
matches under this paragraph, the Commissioner
shall--
``(I) ensure that such matches are
not continuous, but occur only
periodically at appropriate intervals,
as determined by the Commissioner to
meet the goals of subparagraph (A); and
``(II) seek to--
``(aa) streamline the data
collection and reporting
requirements for institutions
of higher education;
``(bb) minimize duplicative
reporting across or within
Federal agencies or
departments, including
reporting requirements
applicable to institutions of
higher education under the
Workforce Innovation and
Opportunity Act (29 U.S.C. 3101
et seq.) and the Carl D.
Perkins Career and Technical
Education Act of 2006;
``(cc) protect student
privacy; and
``(dd) streamline the
application process for student
loan benefit programs available
to borrowers based on data
available from different
Federal data systems.
``(ii) Review.--Not less often than once
every 3 years after the establishment of the
postsecondary student data system under this
subsection, the Commissioner, in consultation
with the Advisory Committee, shall review
methods for streamlining data collection from
institutions of higher education and minimizing
duplicative reporting within the Department and
across Federal agencies that provide data for
the postsecondary student data system.
``(iii) Confidentiality.--The Commissioner
shall ensure that any periodic matching or
sharing of data through periodic data system
matches established in accordance with this
paragraph--
``(I) complies with the security
and privacy protections described in
paragraph (1)(C)(iv) and other Federal
data protection protocols;
``(II) follows industry best
practices commensurate with the
sensitivity of specific data elements
or metrics;
``(III) does not result in the
creation of a single standing, linked
Federal database at the Department that
maintains the information reported
across other Federal agencies; and
``(IV) discloses to postsecondary
students what data are included in the
data system and periodically matched
and how the data are used.
``(iv) Correction.--The Commissioner, in
consultation with the Advisory Committee, shall
establish a process for students to request
access to only their personal information for
inspection and request corrections to
inaccuracies in a manner that protects the
student's personally identifiable information.
The Commissioner shall respond in writing to
every request for a correction from a student.
``(4) Publicly available information.--
``(A) In general.--The Commissioner shall make the
summary aggregate information described in subparagraph
(C), at a minimum, publicly available through a user-
friendly consumer information website and analytic tool
that--
``(i) provides appropriate mechanisms for
users to customize and filter information by
institutional and student characteristics;
``(ii) allows users to build summary
aggregate reports of information, including
reports that allow comparisons across multiple
institutions and programs, subject to
subparagraph (B);
``(iii) uses appropriate statistical
disclosure limitation techniques necessary to
ensure that the data released to the public
cannot be used to identify specific
individuals; and
``(iv) provides users with appropriate
contextual factors to make comparisons, which
may include national median figures of the
summary aggregate information described in
subparagraph (C).
``(B) No personally identifiable information
available.--The summary aggregate information described
in this paragraph shall not include personally
identifiable information.
``(C) Summary aggregate information available.--The
summary aggregate information described in this
paragraph shall, at a minimum, include each of the
following for each institution of higher education:
``(i) Measures of student access,
including--
``(I) admissions selectivity and
yield; and
``(II) enrollment, disaggregated by
each category described in paragraph
(2)(C)(ii).
``(ii) Measures of student progression,
including retention rates and persistence
rates, disaggregated by each category described
in paragraph (2)(C)(ii).
``(iii) Measures of student completion,
including--
``(I) transfer rates and completion
rates, disaggregated by each category
described in paragraph (2)(C)(ii); and
``(II) number of completions,
disaggregated by each category
described in paragraph (2)(C)(ii).
``(iv) Measures of student costs,
including--
``(I) tuition, required fees, total
cost of attendance, and net price after
total grant aid, disaggregated by in-
State tuition or in-district tuition
status (if applicable), program of
study (if applicable), and credential
level; and
``(II) typical grant amounts and
loan amounts received by students
reported separately from Federal,
State, local, and institutional
sources, and cumulative debt,
disaggregated by each category
described in paragraph (2)(C)(ii) and
completion status.
``(v) Measures of postcollegiate student
outcomes, including employment rates, mean and
median earnings, loan repayment and default
rates, and further education rates. These
measures shall--
``(I) be disaggregated by each
category described in paragraph
(2)(C)(ii) and completion status; and
``(II) be measured immediately
after leaving postsecondary education
and at time intervals appropriate to
the credential sought or earned.
``(D) Development criteria.--In developing the
method and format of making the information described
in this paragraph publicly available, the Commissioner
shall--
``(i) focus on the needs of the users of
the information, which will include students,
families of students, potential students,
researchers, and other consumers of education
data;
``(ii) take into consideration, to the
extent practicable, the guidelines described in
paragraph (1)(C)(ii)(I), and relevant successor
documents or recommendations of such
guidelines;
``(iii) use modern, relevant technology and
enhance and update the postsecondary student
data system with information, as necessary to
carry out the purpose of this paragraph;
``(iv) ensure data privacy and security in
accordance with standards and guidelines
developed by the National Institute of
Standards and Technology, and in accordance
with any other Federal law relating to privacy
or security, including complying with the
requirements of subchapter II of chapter 35 of
title 44, United States Code, specifying
security categorization under the Federal
Information Processing Standards, and security
requirements, and setting of National Institute
of Standards and Technology security baseline
controls at the appropriate level; and
``(v) conduct consumer testing to determine
how to make the information as meaningful to
users as possible.
``(5) Permissible disclosures of data.--
``(A) Data reports and queries.--
``(i) In general.--Not later than 4 years
after the date of enactment of the College
Transparency Act, the Commissioner shall
develop and implement a secure and privacy-
protected process for making student-level,
non-personally identifiable information, with
direct identifiers removed, from the
postsecondary student data system available for
vetted research and evaluation purposes
approved by the Commissioner in a manner
compatible with practices for disclosing
National Center for Education Statistics
restricted-use survey data as in effect on the
day before the date of enactment of the College
Transparency Act, or by applying other research
and disclosure restrictions to ensure data
privacy and security. Such process shall be
approved by the National Center for Education
Statistics' Disclosure Review Board (or
successor body).
``(ii) Providing data reports and queries
to institutions and states.--
``(I) In general.--The Commissioner
shall provide feedback reports, at
least annually, to each institution of
higher education, each postsecondary
education system that fully
participates in the postsecondary
student data system, and each State
higher education body as designated by
the governor.
``(II) Feedback reports.--The
feedback reports provided under this
clause shall include program-level and
institution-level information from the
postsecondary student data system
regarding students who are associated
with the institution or, for State
representatives, the institutions
within that State, on or before the
date of the report, on measures
including student mobility and
workforce outcomes, provided that the
feedback aggregate summary reports
protect the privacy of individuals.
``(III) Determination of content.--
The content of the feedback reports
shall be determined by the Commissioner
in consultation with the Advisory
Committee.
``(iii) Permitting state data queries.--The
Commissioner shall, in consultation with the
Advisory Committee and as soon as practicable,
create a process through which States may
submit lists of secondary school graduates
within the State to receive summary aggregate
outcomes for those students who enrolled at an
institution of higher education, including
postsecondary enrollment and college
completion, provided that those data protect
the privacy of individuals and that the State
data submitted to the Commissioner are not
stored in the postsecondary education system.
``(iv) Regulations.--The Commissioner shall
promulgate regulations to ensure fair, secure
and privacy-protected, and equitable access to
data reports and queries under this paragraph.
``(B) Disclosure limitations.--In carrying out the
public reporting and disclosure requirements of this
subsection, the Commissioner shall use appropriate
statistical disclosure limitation techniques necessary
to ensure that the data released to the public cannot
include personally identifiable information or be used
to identify specific individuals.
``(C) Sale of data prohibited.--Data collected
under this subsection, including the public-use data
set and data comprising the summary aggregate
information available under paragraph (4), shall not be
sold to any third party by the Commissioner, including
any institution of higher education or any other
entity.
``(D) Limitation on use by other federal
agencies.--
``(i) In general.--The Commissioner shall
not allow any other Federal agency to use data
collected under this subsection for any purpose
except--
``(I) for vetted research and
evaluation conducted by the other
Federal agency, as described in
subparagraph (A)(i); or
``(II) for a purpose explicitly
authorized by this Act.
``(ii) Prohibition on limitation of
services.--The Secretary, or the head of any
other Federal agency, shall not use data
collected under this subsection to limit
services to students.
``(E) Law enforcement.--Personally identifiable
information collected under this subsection shall not
be used for any Federal, State, or local law
enforcement activity or any other activity that would
result in adverse action against any student or a
student's family, including debt collection activity or
enforcement of immigration laws.
``(F) Limitation of use for federal rankings or
summative rating system.--The comprehensive data
collection and analysis necessary for the postsecondary
student data system under this subsection shall not be
used by the Secretary or any Federal entity to
establish any Federal ranking system of institutions of
higher education or a system that results in a
summative Federal rating of institutions of higher
education.
``(G) Rule of construction.--Nothing in this
paragraph shall be construed to prevent the use of
individual categories of aggregate information to be
used for accountability purposes.
``(H) Rule of construction regarding commercial use
of data.--Nothing in this paragraph shall be construed
to prohibit third-party entities from using publicly
available information in this data system for
commercial use.
``(6) Submission of data.--
``(A) Required submission.--Each institution of
higher education participating in a program under title
IV, or the assigned agent of such institution, shall,
for each eligible program, in accordance with section
487(a)(17), collect, and submit to the Commissioner,
the data requested by the Commissioner to carry out
this subsection.
``(B) Voluntary submission.--Any institution of
higher education not participating in a program under
title IV may voluntarily participate in the
postsecondary student data system under this subsection
by collecting and submitting data to the Commissioner,
as the Commissioner may request to carry out this
subsection.
``(C) Personally identifiable information.--In
accordance with paragraph (2)(C)(i), if the submission
of an element of student-level data is prohibited under
paragraph (2)(F) (or otherwise prohibited by law), the
institution of higher education shall submit that data
to the Commissioner in the aggregate.
``(7) Unlawful willful disclosure.--
``(A) In general.--It shall be unlawful for any
person who obtains or has access to personally
identifiable information in connection with the
postsecondary student data system described in this
subsection to willfully disclose to any person (except
as authorized in this Act or by any Federal law) such
personally identifiable information.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be subject to a penalty
described under section 3572(f) of title 44, United
States Code, and section 183(d)(6) of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).
``(C) Employee of officer of the united states.--If
a violation of subparagraph (A) is committed by any
officer or employee of the United States, the officer
or employee shall be dismissed from office or
discharged from employment upon conviction for the
violation.
``(8) Data security.--The Commissioner shall produce and
update as needed guidance and regulations relating to privacy,
security, and access which shall govern the use and disclosure
of data collected in connection with the activities authorized
in this subsection. The guidance and regulations developed and
reviewed shall protect data from unauthorized access, use, and
disclosure, and shall include--
``(A) an audit capability, including mandatory and
regularly conducted audits;
``(B) access controls;
``(C) requirements to ensure sufficient data
security, quality, validity, and reliability;
``(D) confidentiality protection in accordance with
the applicable provisions of subchapter III of chapter
35 of title 44, United States Code;
``(E) appropriate and applicable privacy and
security protection, including data retention and
destruction protocols and data minimization, in
accordance with the most recent Federal standards
developed by the National Institute of Standards and
Technology; and
``(F) protocols for managing a breach, including
breach notifications, in accordance with the standards
of National Center for Education Statistics.
``(9) Data collection.--The Commissioner shall ensure that
data collection, maintenance, and use under this subsection
complies with section 552a of title 5, United States Code.
``(10) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 102.
``(B) Minority-serving institution.--The term
`minority-serving institution' means an institution of
higher education listed in section 371(a).
``(C) Personally identifiable information.--The
term `personally identifiable information' means
personally identifiable information within the meaning
of section 444 of the General Education Provisions
Act.''.
SEC. 3. REPEAL OF PROHIBITION ON STUDENT DATA SYSTEM.
Section 134 of the Higher Education Act of 1965 (20 U.S.C. 1015c)
is repealed.
SEC. 4. INSTITUTIONAL REQUIREMENTS.
(a) In General.--Paragraph (17) of section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended to read as
follows:
``(17) The institution or the assigned agent of the
institution will collect and submit data to the Commissioner
for Education Statistics in accordance with section 132(l), the
nonstudent related surveys within the Integrated Postsecondary
Education Data System (IPEDS), or any other Federal institution
of higher education data collection effort (as designated by
the Secretary), in a timely manner and to the satisfaction of
the Secretary.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 4 years after the date of enactment of
this Act.
SEC. 5. TRANSITION PROVISIONS.
The Secretary of Education and the Commissioner for Education
Statistics shall take such steps as are necessary to ensure that the
development and maintenance of the postsecondary student data system
required under section 132(l) of the Higher Education Act of 1965, as
added by section 2 of this Act, occurs in a manner that reduces the
reporting burden for entities that reported into the Integrated
Postsecondary Education Data System (IPEDS).
<all>
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118S135 | Prevent Government Shutdowns Act of 2023 | [
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"S001... | <p><strong>Prevent Government Shutdowns Act of 2023</strong></p> <p>This bill provides continuing appropriations to prevent a government shutdown if any of the appropriations bills for a fiscal year have not been enacted before the fiscal year begins and continuing appropriations are not in effect.</p> <p>The bill also limits official travel, congressional recesses or adjournments, and the consideration of legislation that is unrelated to appropriations after the beginning of a fiscal year if the appropriations process has not been completed. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 135 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 135
To provide for a period of continuing appropriations in the event of a
lapse in appropriations under the normal appropriations process, and
establish procedures and consequences in the event of a failure to
enact appropriations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Lankford (for himself, Ms. Hassan, Mr. Johnson, Mr. King, Mr. Scott
of Florida, Mr. Kelly, Mr. Daines, Ms. Sinema, Mr. Cassidy, Mr. Braun,
and Mr. Barrasso) introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
_______________________________________________________________________
A BILL
To provide for a period of continuing appropriations in the event of a
lapse in appropriations under the normal appropriations process, and
establish procedures and consequences in the event of a failure to
enact appropriations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Government Shutdowns Act of
2023''.
SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 1311. Automatic continuing appropriations
``(a)(1)(A) On and after the first day of each fiscal year, if an
appropriation Act for such fiscal year with respect to the account for
a program, project, or activity has not been enacted and continuing
appropriations are not in effect with respect to the program, project,
or activity, there are appropriated such sums as may be necessary to
continue, at the rate for operations specified in subparagraph (C), the
program, project, or activity if funds were provided for the program,
project, or activity during the preceding fiscal year.
``(B)(i) Appropriations and funds made available and authority
granted under subparagraph (A) shall be available for a period of 14
days.
``(ii) If, at the end of the first 14-day period during which
appropriations and funds are made available and authority is granted
under subparagraph (A), and the end of every 14-day period thereafter,
an appropriation Act for such fiscal year with respect to the account
for a program, project, or activity has not been enacted and continuing
appropriations are not in effect with respect to the program, project,
or activity under a provision of law other than subparagraph (A), the
appropriations and funds made available and authority granted under
subparagraph (A) during the 14-day period shall be extended for an
additional 14-day period.
``(C)(i) Except as provided in clause (ii), the rate for operations
specified in this subparagraph with respect to a program, project, or
activity is the rate for operations for the preceding fiscal year for
the program, project, or activity--
``(I) provided in the corresponding appropriation Act for
such preceding fiscal year;
``(II) if the corresponding appropriation bill for such
preceding fiscal year was not enacted, provided in the law
providing continuing appropriations for such preceding fiscal
year; or
``(III) if the corresponding appropriation bill and a law
providing continuing appropriations for such preceding fiscal
year were not enacted, provided under this section for such
preceding fiscal year.
``(ii) For entitlements and other mandatory payments whose budget
authority was provided for the previous fiscal year in appropriations
Acts, under a law other than this section providing continuing
appropriations for such previous year, or under this section, and for
activities under the Food and Nutrition Act of 2008, appropriations and
funds made available during a fiscal year under this section shall be
at the rate necessary to maintain program levels under current law,
under the authority and conditions provided in the applicable
appropriations Act.
``(2) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a program,
project, or activity shall be available, in accordance with paragraph
(1)(B), for the period--
``(A) beginning on the first day of any lapse in
appropriations during such fiscal year; and
``(B) ending on the date of enactment of an appropriation
Act for such fiscal year with respect to the account for such
program, project, or activity (whether or not such Act provides
appropriations for such program, project, or activity) or a law
making continuing appropriations for the program, project, or
activity, as applicable.
``(3) Notwithstanding section 251(a)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(1)) and the
timetable in section 254(a) of such Act (2 U.S.C. 904(a)), for any
fiscal year for which appropriations and funds are made available under
this section, the final sequestration report for such fiscal year
pursuant to section 254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any
order for such fiscal year pursuant to section 254(f)(5) of such Act (2
U.S.C. 901(f)(5)) shall be issued--
``(A) for the Congressional Budget Office, 10 days after
the date on which appropriation Acts providing funding for the
entire Federal Government through the end of such fiscal year
have been enacted; and
``(B) for the Office of Management and Budget, 15 days
after the date on which appropriation Acts providing funding
for the entire Federal Government through the end of such
fiscal year have been enacted.
``(b) An appropriation or funds made available, or authority
granted, for a program, project, or activity for any fiscal year
pursuant to this section shall be subject to the terms and conditions
imposed with respect to the appropriation made or funds made available
for the preceding fiscal year, or authority granted for such program,
project, or activity under current law.
``(c) Expenditures made for a program, project, or activity for any
fiscal year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever an appropriation Act for
such fiscal year with respect to the account for a program, project, or
activity or a law making continuing appropriations until the end of
such fiscal year for such program, project, or activity is enacted.
``(d) This section shall not apply to a program, project, or
activity during a fiscal year if any other provision of law (other than
an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such program, project, or activity to
continue for such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such program, project, or activity to continue
for such period.''.
(b) Clerical Amendment.--The table of sections for chapter 13 of
title 31, United States Code, is amended by adding at the end the
following:
``1311. Automatic continuing appropriations.''.
SEC. 3. TIMELY ENACTMENT OF APPROPRIATION ACTS.
(a) Definitions.--In this section--
(1) the term ``covered officer or employee'' means--
(A) an officer or employee of the Office of
Management and Budget;
(B) a Member of Congress; or
(C) an employee of the personal office of a Member
of Congress, a committee of either House of Congress,
or a joint committee of Congress;
(2) the term ``covered period''--
(A) means any period of automatic continuing
appropriations; and
(B) with respect to the legislative branch--
(i) does not include any period of
automatic continuing appropriations that occurs
during the period--
(I) beginning at the time at which
general appropriations Acts providing
funding for the entire Federal
Government (including an appropriation
Act providing continuing funding) have
been enacted or passed in identical
form by both Houses and transmitted to
the Secretary of the Senate or Clerk of
the House for enrollment and
presentment to the President for his
signature; and
(II) ending at the time at which 1
or more general appropriations Acts--
(aa) are vetoed by the
President; or
(bb) do not become law
without the President's
signature under article I,
section 7 of the Constitution
of the United States based on
an adjournment of the Congress;
and
(ii) includes any period of automatic
continuing appropriations that is not a period
described in clause (i) and that follows a veto
or a failure to become law (as described in
item (bb) of clause (i)(II)) of 1 or more
general appropriations Acts;
(3) the term ``Member of Congress'' has the meaning given
that term in section 2106 of title 5, United States Code;
(4) the term ``National Capital Region'' has the meaning
given that term in section 8702 of title 40, United States
Code; and
(5) the term ``period of automatic continuing
appropriations'' means a period during which automatic
continuing appropriations under section 1311 of title 31,
United States Code, as added by section 2 of this Act, are in
effect with respect to 1 or more programs, projects, or
activities.
(b) Limits on Travel Expenditures.--
(1) Limits on official travel.--
(A) Limitation.--Except as provided in subparagraph
(B), no amounts may be obligated or expended for
official travel by a covered officer or employee during
a covered period.
(B) Exceptions.--
(i) Return to dc.--If a covered officer or
employee is away from the seat of Government on
the date on which a covered period begins,
funds may be obligated and expended for
official travel for a single return trip to the
seat of Government by the covered officer or
employee.
(ii) Travel in national capital region.--
During a covered period, amounts may be
obligated and expended for official travel by a
covered officer or employee from one location
in the National Capital Region to another
location in the National Capital Region.
(iii) National security events.--During a
covered period, if a national security event
that triggers a continuity of operations or
continuity of Government protocol occurs,
amounts may be obligated and expended for
official travel by a covered officer or
employee for any official travel relating to
responding to the national security event or
implementing the continuity of operations or
continuity of Government protocol.
(2) Restriction on use of campaign funds.--Section 313 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is
amended--
(A) in subsection (a)(2), by striking ``for
ordinary'' and inserting ``except as provided in
subsection (d), for ordinary''; and
(B) by adding at the end the following:
``(d) Restriction on Use of Campaign Funds for Official Travel
During Automatic Continuing Appropriations.--
``(1) In general.--Except as provided in paragraph (2),
during a covered period (as defined in section 3 of the Prevent
Government Shutdowns Act of 2023), a contribution or donation
described in subsection (a) may not be obligated or expended
for travel in connection with duties of the individual as a
holder of Federal office.
``(2) Return to dc.--If the individual is away from the
seat of Government on the date on which a covered period (as so
defined) begins, a contribution or donation described in
subsection (a) may be obligated and expended for travel by the
individual to return to the seat of Government.''.
(c) Procedures in the Senate and House of Representatives.--
(1) In general.--During a covered period, in the Senate and
the House of Representatives--
(A) it shall not be in order to move to proceed to
any matter except for--
(i) a measure making appropriations for the
fiscal year during which the covered period
begins;
(ii) any motion required to determine the
presence of or produce a quorum; or
(iii) on and after the 30th calendar day
after the first day of a covered period--
(I) the nomination of an
individual--
(aa) to a position at level
I of the Executive Schedule
under section 5312 of title 5,
United States Code; or
(bb) to serve as Chief
Justice of the United States or
an Associate Justice of the
Supreme Court of the United
States; or
(II) a measure extending the period
during which a program, project, or
activity is authorized to be carried
out (without substantive change to the
program, project, or activity or any
other program, project, or activity)
if--
(aa) an appropriation Act
with respect to the program,
project, or activity for the
fiscal year during which the
covered period occurs has not
been enacted; and
(bb) the program, project,
or activity has expired since
the beginning of such fiscal
year or will expire during the
30-day period beginning on the
date of the motion;
(B) it shall not be in order to move to recess or
adjourn for a period of more than 23 hours; and
(C) at noon each day, or immediately following any
constructive convening of the Senate under rule IV,
paragraph 2 of the Standing Rules of the Senate, the
Presiding Officer shall direct the clerk to determine
whether a quorum is present.
(2) Waiver.--
(A) Limitation on period.--It shall not be in order
in the Senate or the House of Representatives to move
to waive any provision of paragraph (1) for a period
that is longer than 7 days.
(B) Supermajority vote.--A provision of paragraph
(1) may only be waived or suspended upon an affirmative
vote of two-thirds of the Members of the applicable
House of Congress, duly chosen and sworn.
(d) Motion To Proceed to Appropriations.--
(1) In general.--On and after the 30th calendar day after
the first day of each fiscal year, if an appropriation Act for
such fiscal year with respect to a program, project, or
activity has not been enacted, it shall be in order in the
Senate, notwithstanding rule XXII or any pending executive
measure or matter, to move to proceed to any appropriations
bill or joint resolution for the program, project, or activity
that has been sponsored and cosponsored by not less than 3
Senators who are members of or caucus with the party in the
majority in the Senate and not less than 3 Senators who are
members of or caucus with the party in the minority in the
Senate.
(2) Consideration.--For a bill or joint resolution
described in paragraph (1)--
(A) the bill or joint resolution may be considered
the same day as it is introduced and shall not have to
lie over 1 day; and
(B) the motion to proceed to the bill or joint
resolution shall be debatable for not to exceed 6
hours, equally divided between the proponents and
opponents of the motion, and upon the use or yielding
back of time, the Senate shall vote on the motion to
proceed.
SEC. 4. BUDGETARY EFFECTS.
(a) Classification of Budgetary Effects.--The budgetary effects of
this Act and the amendments made by this Act shall be estimated as if
this Act and the amendments made by this Act are discretionary
appropriations Acts for purposes of section 251 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Baseline.--For purposes of calculating the baseline under
section 257 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 907), the provision of budgetary resources under section
1311 of title 31, United States Code, as added by this Act, for an
account shall be considered to be a continuing appropriation in effect
for such account for less than the entire current year.
(c) Enforcement of Discretionary Spending Limits.--For purposes of
enforcing the discretionary spending limits under section 251(a) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(a)), the budgetary resources made available under section 1311 of
title 31, United States Code, as added by this Act, shall be considered
part-year appropriations for purposes of section 251(a)(4) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(a)(4)).
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
September 30, 2023.
<all>
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118S1350 | WIPPES Act | [
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"W000779... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1350 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1350
To require the Federal Trade Commission to issue regulations requiring
certain products to have ``Do Not Flush'' labeling, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Merkley (for himself, Ms. Collins, Mr. King, Mrs. Shaheen, Mr.
Wyden, Mr. Markey, Mr. Blumenthal, and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to issue regulations requiring
certain products to have ``Do Not Flush'' labeling, and for other
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 ``Wastewater Infrastructure Pollution
Prevention and Environmental Safety Act'' or the ``WIPPES Act''.
SEC. 2. ``DO NOT FLUSH'' LABELING.
(a) In General.--
(1) Regulations.--Not later than 2 years after the date of
enactment of this section, the Federal Trade Commission shall
issue regulations under section 553 of title 5, United States
Code, requiring covered entities to label covered products
clearly and conspicuously with ``Do Not Flush'' label notices
and symbols in accordance with this section.
(2) Consultation with other agencies.--In developing the
regulations required under paragraph (1), the Federal Trade
Commission may consult with the Administrator of the
Environmental Protection Agency, the Commissioner of Food and
Drugs, and the Consumer Product Safety Commission as
appropriate depending on the type of covered product involved.
(b) Requirements.--
(1) Cylindrical packaging.--In issuing regulations under
subsection (a), the Commission shall require a covered product
sold in cylindrical or near-cylindrical packaging, and intended
to dispense individual wipes, to have--
(A) the symbol and label notice on the principal
display panel in a location reasonably visible to the
user each time a wipe is dispensed; or
(B) the symbol on the principal display panel and
the label notice, or a combination of the label notice
and symbol, on a flip lid in a manner that covers at
least 8 percent of the surface area of the flip lid.
(2) Flexible film packaging.--In issuing regulations under
subsection (a), the Commission shall require a covered product
sold in flexible film packaging, and intended to dispense
individual wipes, to have--
(A) the symbol on the principal display panel and,
if the principal display panel is not on the dispensing
side of the packaging, on the dispensing side panel;
and
(B) the label notice on either the principal
display panel or the dispensing side panel, in a
prominent location reasonably visible to the user each
time a wipe is dispensed.
(3) Rigid packaging.--In issuing regulations under
subsection (a), the Commission shall require a covered product
sold in a refillable tub or other rigid packaging that may be
reused by a customer, and intended to dispense individual
wipes, to have the symbol and label notice on the principal
display panel in a prominent location reasonably visible to the
user each time a wipe is dispensed.
(4) Packaging not intended to dispense individual wipes.--
In issuing regulations under subsection (a), the Commission
shall require a covered product sold in packaging that is not
intended to dispense individual wipes to have the symbol and
label notice on the principal display panel in a prominent
location reasonably visible to the user of the covered product.
(5) Bulk packaging.--
(A) In general.--In issuing regulations under
subsection (a), the Commission shall require a covered
product sold in bulk at retail to have labeling in
compliance with such regulations on both the outer
packaging visible at retail and the individual
packaging contained within the outer packaging.
(B) Exemption.--The Commission shall exempt from
the requirements under subparagraph (A) the following:
(i) Individually packaged covered products
that are contained within outer packaging, are
not intended to dispense individual wipes, and
have no retail labeling.
(ii) Outer packaging that does not obscure
the symbol and label notice on individually
packaged covered products contained within.
(6) Packaging of combined products.--
(A) Outer packaging.--In issuing regulations under
subsection (a), the Commission shall exempt the outer
packaging of a combined product from the requirements
of such regulations.
(B) Packages less than 3 by 3 inches.--In issuing
regulations under subsection (a), the Commission shall
provide that, with respect to a covered product in
packaging smaller than 3 inches by 3 inches (such as an
individually packaged wipe in tear-top packaging) and
sold as part of a combined product, if a symbol and
label notice are placed in a prominent location
reasonably visible to the user of the covered product,
such covered product is considered to be labeled
clearly and conspicuously in accordance with such
regulations.
(c) Reasonable Visibility of Symbol and Label Notice.--
(1) In general.--In requiring the symbol and label notice
under this section, the Commission shall require that--
(A) packaging seams or folds or other packaging
design elements do not obscure the symbol or label
notice;
(B) the symbol and label notice are each equal in
size to at least 2 percent of the surface area of the
principal display panel; and
(C) the symbol and label notice have high contrast
with the immediate background of the packaging so that
such symbol and label notice may be seen and read by an
ordinary individual under customary conditions of
purchase and use.
(2) Proximity of symbol and label notice.--In requiring the
symbol and label notice under this section, the Commission may
allow a symbol and label notice on a principal display panel to
be placed adjacently or on separate areas of the principal
display panel.
(3) Exception.--Paragraph (1)(C) does not apply to an
embossed symbol or label notice on the flip lid of a covered
product sold in cylindrical or near-cylindrical packaging.
(d) Additional Words or Phrases.--In issuing regulations under
subsection (a), the Commission shall allow additional words or phrases
on a covered product that describe consequences associated with
flushing or disposing of such covered product, if such words or phrases
are consistent with the purposes of this section.
(e) Representations of Flushability.--In issuing regulations under
subsection (a), the Commission shall prohibit, with respect to a
covered product, the representation or marketing of flushable
attributes, performance, or efficacy benefits.
(f) Compliance With Other Requirements.--
(1) FIFRA requirements.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Commission and
the Administrator of the Environmental Protection
Agency, acting jointly, shall issue regulations that,
with respect to a covered product that contains a
pesticide required to be registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.), include the following:
(i) Instructions describing how such a
covered product may comply with the
requirements of such Act and the regulations
issued under subsection (a).
(ii) A requirement that, not later than 90
days after the date on which regulations are
issued under this subparagraph, a covered
entity shall submit for approval by the
Administrator of the Environmental Protection
Agency a product label compliant with such
instructions.
(B) Enforcement.--For purposes of subsection (h), a
violation of a regulation issued under subparagraph (A)
shall be treated as a violation of a regulation issued
under subsection (a).
(2) Type size exception.--If the label notice type size
otherwise required by the regulations issued under subsection
(a) for a covered product would conflict with a labeling
requirement under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.) or the Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.), the Commission may, in
issuing such regulations, provide for a label notice type size
requirement for the covered product under this section that--
(A) in the case of a covered product required to
display a warning pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act regarding a pesticide in
such covered product, requires a type size for the
label notice under this paragraph that is equal to or
greater than the type size required for the ``keep out
of reach of children'' statement under such Act; and
(B) in the case of a covered product required to
contain first aid instructions pursuant to the Federal
Hazardous Substances Act, requires a type size for the
label notice under this paragraph that is equal to or
greater than the type size required for such first aid
instructions.
(g) Applicability.--The Commission shall provide that the
regulations issued under subsection (a) apply with respect to covered
products manufactured on or after the date that is 90 days after the
date on which such regulations are issued.
(h) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
a regulation promulgated under subsection (a) 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.
(2) Powers of commission.--Except as provided in paragraph
(3), the Commission shall enforce the regulations promulgated
under subsection (a) 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 section, and any person who violates such a
regulation shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act.
(3) Penalty amounts.--Notwithstanding section 5 of the
Federal Trade Commission Act (15 U.S.C. 45), any civil
penalties imposed under such section with respect to a
violation of a regulation promulgated under subsection (a) of
this section shall be in accordance with the following:
(A) A fine of not more than $2,500 for each day
that a violation occurs.
(B) In no event may the total amount of fines
imposed for a single violation exceed $100,000.
(i) Preemption of State Laws.--No State or political subdivision of
a State may directly or indirectly establish or continue in effect
under any authority restrictions with respect to the ``Do Not Flush''
labeling of covered products that are not identical to the restrictions
under this section.
(j) Definitions.--In this Act:
(1) Combined product.--The term ``combined product'' means
two or more products sold in shared retail packaging, of
which--
(A) at least one of the products is a covered
product; and
(B) at least one of the products is another
consumer product intended to be used in combination
with such covered product.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--The term ``covered entity'' means a
manufacturer, wholesaler, supplier, or retailer that is
responsible for the labeling or retail packaging of a covered
product that is sold or offered for sale in the United States.
(4) Covered product.--
(A) In general.--The term ``covered product'' means
a premoistened, nonwoven disposable wipe sold or
offered for retail sale--
(i) that is marketed as a baby wipe or
diapering wipe; or
(ii) that is a household or personal care
wipe (including wipes described in subparagraph
(B)) that--
(I) is composed entirely, or in
part, of petrochemical-derived fibers;
and
(II) has significant potential to
be flushed.
(B) Inclusions.--The wipes described in this
subparagraph are--
(i) antibacterial wipes and disinfecting
wipes;
(ii) wipes intended for general purpose
cleaning or bathroom cleaning, including toilet
cleaning and hard surface cleaning; and
(iii) wipes intended for personal care use
on the body, including hand sanitizing, makeup
removal, feminine hygiene, adult hygiene
(including incontinence hygiene), and body
cleansing.
(5) High contrast.--The term ``high contrast'' means, with
respect to the symbol or label notice, that such symbol or
label notice--
(A) is either light on a solid dark background or
dark on a solid light background; and
(B) has a contrast percentage of at least 70
percent between such symbol or label notice and the
background, using the formula (B1 - B2) / B1 * 100 =
contrast percentage, where B1 is the light reflectance
value of the lighter area and B2 is the light
reflectance value of the darker area.
(6) Label notice.--The term ``label notice'' means the
written phrase ``Do Not Flush''.
(7) Principal display panel.--The term ``principal display
panel'' means the side of a product package that is most likely
to be displayed, presented, or shown under customary conditions
of display for retail sale, and--
(A) in the case of a cylindrical or near-
cylindrical package, the surface area of which
constitutes at least 40 percent of the product package,
as measured by multiplying the height by the
circumference of the package; or
(B) in the case of a flexible film package in which
a rectangular prism or near-rectangular prism stack of
wipes is housed within the film, the surface area of
which is measured by multiplying the length by the
width of the side of the package when the flexible
packaging film is pressed flat against the stack of
wipes on all sides of the stack.
(8) Symbol.--The term ``symbol'' means the ``Do Not Flush''
symbol, as depicted in the Guidelines for Assessing the
Flushability of Disposable Nonwoven Products (Edition 4; May
2018) published by the Association of the Nonwoven Fabrics
Industry (INDA) and the European Disposables And Nonwovens
Association (EDANA), or an otherwise identical symbol depicting
an individual of another gender.
<all>
</pre></body></html>
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118S1351 | Stop Institutional Child Abuse Act | [
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1351
To study and prevent child abuse in youth residential programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Merkley (for himself, Mr. Cornyn, Mr. Lujan, Mr. Tuberville, Mr.
Murphy, 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 study and prevent child abuse in youth residential 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 ``Stop Institutional Child Abuse
Act''.
SEC. 2. IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN
YOUTH RESIDENTIAL PROGRAMS.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after part I (42 U.S.C. 290jj et seq.) the
following:
``PART J--IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN
YOUTH RESIDENTIAL PROGRAMS
``SEC. 596. FEDERAL WORK GROUP ON YOUTH RESIDENTIAL PROGRAMS.
``(a) In General.--The Secretary shall establish the Federal Work
Group on Youth Residential Programs (referred to in this section as the
`Work Group') to improve the dissemination and implementation of best
practices regarding the health and safety (including with respect to
the use of seclusion and restraints), care, treatment, and appropriate
placement of youth in youth residential programs.
``(b) Composition.--
``(1) In general.--The Secretary shall appoint 9
representatives to the Work Group from the Administration for
Children and Families, the Administration for Community Living,
the Substance Abuse and Mental Health Services Administration,
the Department of Education, the Department of Justice, the
Indian Health Service, and the Centers for Medicare & Medicaid
Services.
``(2) Other federal agencies.--The Work Group may include
representatives from other Federal agencies, as the Secretary
determines appropriate, appointed by the head of the relevant
agency.
``(c) Consultation.--In carrying out the duties described in
subsection (d), the Work Group shall consult with--
``(1) child advocates, including attorneys experienced in
working with youth overrepresented in the child welfare system
or the juvenile justice system;
``(2) health professionals, including mental health and
substance use disorder professionals, nurses, physicians,
social workers and other health care providers who provide
services to youth who may be served by residential programs;
``(3) protection and advocacy systems;
``(4) individuals experienced in working with youth with
disabilities, including emotional, mental health, and substance
use disorders;
``(5) individuals with lived experience as children and
youth in youth residential programs, including individuals with
intellectual or developmental disabilities and individuals with
emotional, mental health, or substance use disorders;
``(6) representatives of State and local child protective
services agencies and other relevant public agencies;
``(7) parents or guardians of children and youth with
emotional, mental health, or substance use disorder needs;
``(8) experts on issues related to child abuse and neglect
in youth residential programs;
``(9) administrators of youth residential programs;
``(10) education professionals who provide services to
youth in youth residential programs;
``(11) Indian Tribes and Tribal organizations;
``(12) State legislators;
``(13) State licensing agencies; and
``(14) others, as appropriate.
``(d) Duties.--The Work Group shall--
``(1) develop and publish recommendations regarding a
national database that aggregates data, including process-
oriented data such as length of stay and use of restraints, and
seclusion and outcome-oriented data such as discharge setting
and ability to be safety maintained in school and community at
least 6-months after discharge;
``(2) beginning not later than 2 years after the date of
enactment of the Stop Institutional Child Abuse Act, and every
2 years thereafter, submit to the Secretary and the Committee
on Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate, and the Committee on Education and the
Workforce, the Committee on Energy and Commerce, and the
Committee on Ways and Means of the House of Representatives, a
report containing policy recommendations designed to--
``(A) improve the coordination of the dissemination
and implementation of best practices regarding the
health and safety (including use of seclusion and
restraints), care, treatment, and appropriate placement
of youth in youth residential programs;
``(B) promote the coordination of the dissemination
and implementation of best practices regarding the care
and treatment of youth in youth residential programs
among State child welfare agencies, State Medicaid
agencies, and State mental and behavioral health
agencies; and
``(C) promote the adoption and implementation of
best practices regarding the care and treatment of
youth in youth residential programs among child welfare
systems, licensing agencies, accreditation
organizations, and other relevant monitoring and
enforcement entities;
``(3) develop and utilize risk assessment tools, including
projects that provide for the development of research-based
strategies for risk assessments relating to the health, safety
(including with respect to the use of seclusion and
restraints), and well-being of youth in youth residential
programs;
``(4) support the development and implementation of
education and training resources for professional and
paraprofessional personnel in the fields of health care, law
enforcement, judiciary, social work, child protection
(including the prevention, identification, and treatment of
child abuse and neglect), education, child care, and other
relevant fields, and individuals such as court appointed
special advocates and guardians ad litem, including education
and training resources regarding--
``(A) the unique needs, experiences, and outcomes
of youth overrepresented in youth residential programs;
``(B) the enhancement of interagency communication
among child protective service agencies, protection and
advocacy systems, State licensing agencies, State
Medicaid agencies, and accreditation agencies;
``(C) best practices to eliminate the usage of
physical, mechanical, and chemical restraint and
seclusion, and to promote the use of positive
behavioral interventions and supports, culturally and
linguistically sensitive services, mental health
supports, trauma- and grief-informed care, and crisis
de-escalation interventions; and
``(D) the legal duties of such professional and
paraprofessional personnel and youth residential
program personnel and the responsibilities of such
professionals and personnel to protect the legal rights
of children in youth residential programs, consistent
with applicable State and Federal law;
``(5) improve accessibility and development of community-
based alternatives to youth residential programs;
``(6) provide recommendations for innovative programs
designed to provide community support and resources to at-risk
youth, including programs that--
``(A) support continuity of education, including
removing barriers to access;
``(B) provide mentorship;
``(C) support the provision of crisis intervention
services and in-home or outpatient mental health and
substance use disorder treatment; and
``(D) provide other resources to families and
parents or guardians that assist in preventing the need
for out-of-home placement of youth in youth residential
programs;
``(7) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing least-restrictive, evidence-
based, trauma and grief-informed, and developmentally and
culturally competent care for youth in youth residential
programs and youth at risk of being placed in such programs;
and
``(8) provide recommendations on best practices to convey
Work Group recommendations to States.
``SEC. 596A. DEFINITIONS.
``In this part:
``(1) Child abuse or neglect.--The term `child abuse or
neglect' has the meaning given such term in section 3 of the
Child Abuse Prevention and Treatment Act.
``(2) Culturally competent.--The term `culturally
competent' has the meaning given such term in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000.
``(3) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(4) Protection and advocacy systems.--The term
`protection and advocacy system' means a system established by
a State or Indian Tribe under section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(6) Youth.--The term `youth' means an individual who has
not attained the age of 22.
``(7) Youth residential program.--
``(A) In general.--The term `youth residential
program' means each location of a facility or program
operated by a public or private entity that, with
respect to one or more youth who are unrelated to the
owner or operator of the facility or program--
``(i) provides a residential environment,
such as--
``(I) a program with a wilderness
or outdoor experience, expedition, or
intervention;
``(II) a boot camp experience or
other experience designed to simulate
characteristics of basic military
training or correctional regimes;
``(III) an education or therapeutic
boarding school;
``(IV) a behavioral modification
program;
``(V) a residential treatment
center or facility;
``(VI) a qualified residential
treatment program (as defined in
section 472(k)(4) of the Social
Security Act);
``(VII) a psychiatric residential
treatment program that meets the
requirements of subpart D of part 441
of title 42, Code of Federal
Regulations (or any successor
regulations);
``(VIII) a group home serving
children and youth placed by any
placing authority;
``(IX) an intermediate care
facility for individuals with
intellectual disabilities; or
``(X) any residential program that
is utilized as an alternative to
incarceration for justice involved
youth, adjudicated youth, or youth
deemed delinquent; and
``(ii) serves youth who have a history or
diagnosis of--
``(I) an emotional, behavioral, or
mental health disorder;
``(II) a substance misuse or use
disorder, including alcohol misuse or
use disorders; or
``(III) an intellectual,
developmental, physical, or sensory
disability.
``(B) Exclusion.--The term `youth residential
program' does not include--
``(i) a hospital licensed by the State; or
``(ii) a foster family home that provides
24-hour substitute care for children placed
away from their parents or guardians and for
whom the State child welfare services agency
has placement and care responsibility and that
is licensed and regulated by the State as a
foster family home.''.
SEC. 3. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter into a contract with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') to conduct a study to examine the state of
youth in youth residential programs and make recommendations.
(b) Study Components.--Pursuant to the contract under subsection
(a), the National Academies shall, not later than 3 years after the
date of enactment of the Stop Institutional Child Abuse Act, issue a
report informed by the study conducted under such subsection that
includes--
(1) identification of all Federal and State funding sources
for youth residential programs;
(2) identification of Federal data collection sources on
youth in youth residential programs;
(3) identification of existing Federal and State regulation
of youth residential programs, including alternative licensing
standards or licensing exemptions for youth residential
programs;
(4) identification of existing standards of care of
national accreditation entities that provide accreditation or
certification of youth residential programs;
(5) identification of existing barriers in Federal and
State policy for blending and braiding of Federal and State
funding sources to serve youth in community-based settings;
(6) recommendations for coordination by Federal and State
agencies of data on youth in youth residential programs; and
(7) recommendations for the improvement of Federal and
State oversight of youth residential programs receiving Federal
funding.
(c) Definition.--In this section, the term ``youth residential
program'' has the meaning given such term in section 596A of the Public
Health Service Act, as added by section 2.
<all>
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118S1352 | 504 Modernization and Small Manufacturer Enhancement Act of 2023 | [
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1352 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1352
To amend the Small Business Investment Act of 1958 to improve the loan
guaranty program, enhance the ability of small manufacturers to access
affordable capital, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Klobuchar (for herself, Mr. Young, Mr. Booker, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Investment Act of 1958 to improve the loan
guaranty program, enhance the ability of small manufacturers to access
affordable capital, and for other 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 ``504 Modernization and Small
Manufacturer Enhancement Act of 2023''.
SEC. 2. ADDITIONS TO POLICY GOALS FOR THE DEVELOPMENT COMPANY PROGRAM.
Section 501(d)(3) of the Small Business Investment Act of 1958 (15
U.S.C. 695(d)(3)) is amended--
(1) by redesignating subparagraphs (A) through (L) as
subparagraphs (B) through (M), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) workforce development through work-based or
work-integrated training, which shall be satisfied by
demonstrating that a small business concern that is a
subject of the project has--
``(i) a documented in-house training
program, the duration of which is not shorter
than 12 weeks; or
``(ii) entered into a contract with an
entity--
``(I) to provide trained applicants
for any open position of employment at
the small business concern; and
``(II) that ensures that any
applicant provided to the small
business concern under subclause (I)
has undergone not fewer than 12 weeks
of training that is relevant to the
open position described in that
subclause,'';
(3) by amending subparagraph (D), as so redesignated, to
read as follows:
``(D) expansion of minority-owned, employee-owned,
or women-owned business development,'';
(4) in subparagraph (L), as so redesignated, by striking
``producers, or'' and inserting ``producers,'';
(5) in subparagraph (M), as so redesignated, by striking
the period at the end and inserting a comma;
(6) by inserting after subparagraph (M), as so
redesignated, the following:
``(N) enhanced ability for small business concerns
to reduce costs by using energy efficient products and
generating renewable energy,
``(O) aid revitalizing of any area for which a
disaster has been declared or determined under
subparagraph (A), (B), (C), or (E) of section 7(b)(2)
of the Small Business Act (15 U.S.C. 636(b)(2)), or
``(P) expansion of small business concerns with 10
or fewer employees.''; and
(7) in the flush text following subparagraph (P), as added
by paragraph (6), by striking ``subparagraphs (J) and (K)'' and
inserting ``subparagraphs (K) and (L)''.
SEC. 3. INCREASE IN LOAN AMOUNTS FOR MANUFACTURING LOANS.
Section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Administration'' and inserting the following:
``(a) In General.--The Administration''; and
(2) in subsection (a), as so designated--
(A) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by
striking ``section'' and inserting
``subsection''; and
(ii) in clause (iii), by striking
``$5,500,000'' and inserting ``$6,500,000'';
and
(B) in paragraph (3)(A), by striking ``this
section'' and inserting ``this subsection''.
SEC. 4. IMPROVEMENTS TO 504 LOAN CLOSING PROCEDURE.
Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695
et seq.) is amended--
(1) in section 502, as amended by section 3, by adding at
the end the following:
``(b) Closing.--
``(1) Authority of certain development companies.--An
accredited lender certified company may take any of the
following actions to facilitate the closing of a loan made
under subsection (a):
``(A) Reallocate the cost of the project with
respect to which the loan is made in an amount that is
not more than 10 percent of the overall cost of the
project.
``(B) Correct any name that is applicable to the
loan, including the name of any borrower, guarantor,
eligible passive company described in subparagraph
(C)(i), and operating company described in subparagraph
(C)(ii).
``(C) Form any of the following to receive proceeds
of the loan:
``(i) An eligible passive company that
complies with section 120.111 of title 13, Code
of Federal Regulations, or any successor
regulation.
``(ii) If an eligible passive company is
formed under clause (i), an operating company
with respect to that eligible passive company.
``(D) Correct the address of any property with
respect to which the loan is made.
``(E) Correct the name of any interim lender or
third-party lender.
``(F) Change any third-party lender or interim
lender if that lender is a financial institution that
is regulated by the Federal Government or a State
government.
``(G) Make a guarantor a co-borrower or a co-
borrower a guarantor.
``(H) Add a guarantor that does not change
ownership with respect to the loan.
``(I) Reduce the amount of standby debt before the
closing as a result of regularly scheduled payments.
``(J) Reduce the cost of the project with respect
to which the loan is made.
``(2) Fees.--The Administrator shall--
``(A) issue a rule regarding the amount of a
closing fee that may be financed in a debenture that is
issued by a certified development company to make one
or more loans to small business concerns, the proceeds
of which are used by that concern for the purposes
described in subsection (a), except that such amount
shall be not less than $3,500; and
``(B) periodically update the rule issued under
subparagraph (A).
``(3) No adverse change and financial statement.--Before
the closing with respect to a loan made under subsection (a),
the borrower and any operating company shall--
``(A) make the certification required under section
120.892 of title 13, Code of Federal Regulations, or
any successor regulation; and
``(B) submit to the certified development company a
financial statement that is not more than 180 days old,
which the company shall certify not later than 120 days
before the date on which the certified development
company issues a debenture with respect to the project
to which the loan relates.
``(c) Accredited Lender Certified Company Defined.--In this
section, the term `accredited lender certified company' means a
certified development company that meets the requirements under section
507(b), including a certified development company that the
Administration has designated as an accredited lender under such
section 507(b).''; and
(2) by adding at the end the following:
``SEC. 511. CLOSING AND OVERSIGHT.
``(a) SBA District Counsels.--Beginning on the date of enactment of
this section, with respect to the program established under this title,
district counsels of the Administration shall be subject to the same
requirements, and shall have the same authority and responsibilities,
as in effect with respect to that program on the day before the date of
enactment of this section, except that--
``(1) the Office of Credit Risk Management of the
Administration shall have the responsibility for all duties
relating to conducting file reviews of loans made under this
title; and
``(2) district counsels of the Administration shall not
have any responsibility relating to the review of closing
packages with respect to a loan made under this title.
``(b) Designated Attorneys.--For the purposes of this title, the
following provisions and requirements shall apply with respect to a
designated attorney of a certified development company:
``(1) A designated attorney that meets the requirements
determined under paragraph (2) shall be responsible for
certifying documents relating to the closing of a loan
described in this title.
``(2) The Administrator may determine any continuing
education requirements that the designated attorney shall be
required to satisfy in order to be permitted to close a loan
made under this title.
``(3) If, as of the date of enactment of this section, a
certified development company does not have a designated
attorney, during the 270-day period beginning on that date of
enactment, the certified development company may identify such
an attorney, subject to the approval of the Administrator.''.
SEC. 5. CERTIFIED DEVELOPMENT COMPANY LOANS FOR SMALL MANUFACTURERS.
(a) Contribution Requirement.--Section 502(a)(3)(C) of the Small
Business Investment Act of 1958, as designated by section 3, is
amended--
(1) by redesignating clauses (i), (ii), (iii), and (iv) as
subclauses (I), (II), (III), and (IV), respectively, and
adjusting the margins of such subclauses accordingly;
(2) by inserting before subclause (I), as so redesignated,
the following:
``(i) for a small business concern that is
not a small manufacturer (as defined in section
501(e)(7))--'';
(3) in subclause (III), as so redesignated, by striking
``clauses (i) and (ii)'' and inserting ``subclauses (I) and
(II)'';
(4) in subclause (IV) as so redesignated, by striking the
period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(ii) for a small manufacturer (as defined
in section 501(e)(7))--
``(I) at least 5 percent of the
total cost of the project financed, if
the small business concern has been in
operation for a period of 2 years or
less;
``(II) at least 5 percent of the
total cost of the project financed, if
the project involves a limited or
single purpose building or structure;
``(III) at least 10 percent of the
total cost of the project financed if
the project involves both of the
conditions set forth in subclauses (I)
and (II); or
``(IV) at least 5 percent of the
total cost of the project financed, in
all other circumstances, at the
discretion of the development
company.''.
(b) Creation or Retention of Jobs Requirement.--Section 501(e) of
the Small Business Investment Act of 1958 (15 U.S.C. 695(e)) is
amended--
(1) in paragraph (1), by striking ``creates or retains''
and all that follows through the period at the end and
inserting ``creates or retains 1 job for every $75,000
guaranteed by the Administration, except that the amount is
$150,000 in the case of a project of a small manufacturer.'';
(2) in paragraph (2), by striking ``creates or retains''
and all that follows through the period at the end and
inserting ``creates or retains 1 job for every $75,000
guaranteed by the Administration, except that the amount is
$150,000 in the case of a project of a small manufacturer.'';
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by inserting after paragraph (5) the following:
``(6) For a loan for a project directed toward the creation of job
opportunities under subsection (d)(1), the Administrator shall publish
on the website of the Administration the number of jobs created or
retained under the project as of the date that is 2 years after the
completion (as determined based on information provided by the
development company) of the project.''.
(c) Collateral Requirements.--Section 502(a)(3)(E)(i) of the Small
Business Investment Act of 1958, as designated by section 3, is amended
by adding at the end the following: ``Additional collateral shall not
be required in the case of a small manufacturer (as defined in section
501(e)(7)).''.
(d) Debt Refinancing.--Section 502(a)(7)(B) of the Small Business
Investment Act of 1958, as designated by section 3, is amended--
(1) in the matter preceding clause (i), by inserting ``(or
in the case of a small manufacturer (as defined in section
501(e)(7)), that does not exceed 100 percent of the project
cost of the expansion)'' after ``cost of the expansion'';
(2) in clause (v), by adding ``and'' at the end;
(3) by striking clause (vi); and
(4) by redesignating clause (vii) as clause (vi).
(e) Amount of Guaranteed Debenture.--Section 503(a) of the Small
Business Investment Act of 1958 (15 U.S.C. 697(a)) is amended by adding
at the end the following:
``(5) Any debenture issued by a State or local development company
to a small manufacturer (as defined in section 501(e)(7)) with respect
to which a guarantee is made under this subsection shall be in an
amount equal to not more than 50 percent of the cost of the project
with respect to which such debenture is issued, without regard to
whether good cause has been shown.''.
SEC. 6. ASSISTANCE FOR SMALL MANUFACTURERS.
Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695
et seq.), as amended by section 4(2), is further amended by adding at
the end the following:
``SEC. 512. ASSISTANCE FOR SMALL MANUFACTURERS.
``(a) In General.--The Administrator shall ensure that each
district office of the Administration partners with not less than 1
resource partner to provide training to small business concerns
assigned a North American Industry Classification System code for
manufacturing on obtaining assistance under the program carried out
under this title, including with respect to the application process
under that program and partnering with development companies under this
title.
``(b) Resource Partner Defined.--In this section, the term
`resource partner' means--
``(1) a small business development center, as defined in
section 3 of the Small Business Act (15 U.S.C. 632);
``(2) a women's business center described in section 29 of
such Act (15 U.S.C. 656);
``(3) a chapter of the Service Corps of Retired Executives
established under section 8(b)(1)(B) of such Act (15 U.S.C.
637(b)(1)(B)); and
``(4) a Veteran Business Outreach Center described in
section 32 of such Act (15 U.S.C. 657b).''.
SEC. 7. LEASING RULES FOR NEW FACILITIES AND EXISTING BUILDINGS.
(a) In General.--Section 502(a) of the Small Business Investment
Act of 1958, as designated by section 3, is amended by striking
paragraphs (4) and (5) and inserting the following:
``(4) New facilities.--
``(A) In general.--With respect to a project to
construct a new facility, an assisted small business
concern may permanently lease not more than 20 percent
of the project if such concern--
``(i) permanently occupies and uses not
less than 60 percent of the project;
``(ii) plans to occupy and use an
additional portion of the project that is not
permanently leased not later than 3 years after
receipt of assistance under this section; and
``(iii) plans to permanently occupy and use
80 percent of the project not later than 10
years after receipt of such assistance.
``(B) Small manufacturers.--With respect to an
assisted small business concern that is a small
manufacturer (as defined in section 501(e)(7)),
subparagraph (A)(i) shall apply with `50 percent'
substituted for `60 percent'.
``(5) Existing buildings.--With respect to a project to
acquire, renovate, or reconstruct an existing building, the
following shall apply:
``(A) Occupancy requirements.--The assisted small
business concern may permanently lease not more than 50
percent of the project if the concern permanently
occupies and uses not less than 50 percent of the
project.
``(B) Exception.--The assisted small business
concern may permanently lease more than 50 percent of
the project if--
``(i) such concern--
``(I) has occupied and used the
existing building for a consecutive 12-
month period before submitting an
application for assistance under this
section;
``(II) agrees to permanently use
less than 50 percent of the existing
building and permanently lease more
than 50 percent for a consecutive 12-
month period after receiving such
assistance; and
``(III) affirms that the existing
building is appropriate for current and
reasonably anticipated needs; and
``(ii) the development company assisting
such project--
``(I) provides written notice to
the Administrator on the date on which
the development company closes the loan
for such project; and
``(II) once each year during the
first 5 years of the loan, and once
every 2 years for the remainder of the
loan--
``(aa) conducts an
examination of the assisted
small business concern to
ensure the concern is not a
real estate development
business; and
``(bb) files with the
Administrator an anti-investor
certification signed by the
development company and the
assisted small business
concern.
``(C) Lease term.--Any residential lease made under
this paragraph shall be for a term of not more than 1
year, and any commercial lease made under this
paragraph shall be for a term of not more than 5
years.''.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to Congress a report analyzing the impact of the amendments made
by this section on access to capital for small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C. 632)), and
recommending whether similar notice, examination, and certifications
requirements should be made to the program established under section
7(a) of the Small Business Act (15 U.S.C. 636(a)).
<all>
</pre></body></html>
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118S1353 | Adjunct Faculty Loan Fairness Act of 2023 | [
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"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
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[
"B001288"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1353 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1353
To amend section 455(m) of the Higher Education Act of 1965 in order to
allow adjunct faculty members to qualify for public service loan
forgiveness.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Durbin (for himself, Ms. Hirono, Mr. Wyden, Mr. Whitehouse, and Mr.
Booker) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend section 455(m) of the Higher Education Act of 1965 in order to
allow adjunct faculty members to qualify for public service loan
forgiveness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adjunct Faculty Loan Fairness Act of
2023''.
SEC. 2. LOAN FORGIVENESS FOR ADJUNCT FACULTY.
Section 455(m)(3)(B)(ii) of the Higher Education Act of 1965 (20
U.S.C. 1087e(m)(3)(B)(ii)) is amended--
(1) by striking ``teaching as'' and inserting the
following: ``teaching--
``(I) as'';
(2) by striking ``, foreign language faculty, and part-time
faculty at community colleges), as determined by the
Secretary.'' and inserting ``and foreign language faculty), as
determined by the Secretary; or''; and
(3) by adding at the end the following:
``(II) at an institution of higher
education (as defined in section
101(a)), a postsecondary vocational
institution (as defined in section
102(c)), or a Tribal College or
University (as defined in section
316(b)), in non-tenured track
employment as an adjunct or contingent
faculty, teacher, or lecturer who--
``(aa) teaches--
``(AA) not less
than 9 credit hours per
semester, 6 credit
hours per trimester, or
18 credit hours per
calendar year; or
``(BB) not less
than a total of 30
hours per week, as
determined by
multiplying each credit
or contact hour taught
per week by 3.35 (or a
larger number, if
determined appropriate
by the Secretary); and
``(bb) is not employed on a
full-time basis by any other
employer.''.
<all>
</pre></body></html>
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118S1354 | Child Care for Working Families Act | [
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"sponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
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[
"S000148",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1354 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1354
To increase the quality and supply of child care and lower child care
costs for families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Murray (for herself, Mr. Casey, Mr. Kaine, Ms. Hirono, Mr.
Schumer, Mr. Sanders, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr.
Booker, Mr. Brown, Ms. Cantwell, Mr. Coons, Ms. Cortez Masto, Ms.
Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand,
Ms. Hassan, Mr. Heinrich, Ms. Klobuchar, Mr. King, Mr. Lujan, Mr.
Markey, Mr. Menendez, Mr. Merkley, Mr. Murphy, Mr. Padilla, Mr. Reed,
Ms. Rosen, Mr. Schatz, Mrs. Shaheen, Ms. Smith, Mr. Van Hollen, Mr.
Welch, Mr. Whitehouse, Mr. Wyden, and Ms. Stabenow) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To increase the quality and supply of child care and lower child care
costs for families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care for Working Families
Act''.
TITLE I--CHILD CARE AND EARLY LEARNING PROGRAM
SEC. 101. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING PROGRAM.
(a) Child Care Definitions.--The definitions in section 658P of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)
shall apply to this section, except as provided in subsection (b) and
as otherwise specified.
(b) Additional Definitions.--In this section:
(1) Child care certificate.--
(A) In general.--The term ``child care
certificate'' means a certificate (that may be a check
or other disbursement) that is issued by a State,
Tribal, territorial, or local government under this
section directly to a parent who shall use such
certificate only as payment for child care services or
as a deposit for child care services if such a deposit
is required of other children being cared for by the
provider.
(B) Rule.--Nothing in this section shall preclude
the use of such certificates for sectarian child care
services if freely chosen by the parent. For the
purposes of this section, child care certificates shall
be considered indirect Federal financial assistance to
the provider.
(2) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(3) Eligible activity.--The term ``eligible activity'',
with respect to a parent, shall include, at minimum, activities
consisting of--
(A) full-time or part-time employment;
(B) self-employment;
(C) job search activities;
(D) job training;
(E) secondary, postsecondary, or adult education,
including education through a program of high school
classes, a course of study at an institution of higher
education, classes towards an equivalent of a high
school diploma recognized by State law, or English as a
second language classes;
(F) health treatment (including mental health and
substance use treatment) for a condition that prevents
the parent from participating in other eligible
activities;
(G) activities to prevent child abuse and neglect,
or family violence prevention or intervention
activities;
(H) employment and training activities under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.); and
(I) taking leave under the Family and Medical Leave
Act of 1993 (29 U.S.C. 2601 et seq.) (or equivalent
provisions for Federal employees), a State or local
paid or unpaid leave law, or a program of employer-
provided leave.
(4) Eligible child.--
(A) In general.--The term ``eligible child'' means
an individual--
(i) who is less than 6 years of age;
(ii) who is not yet in kindergarten; and
(iii) who--
(I) resides with a parent or
parents who are participating in an
eligible activity;
(II) is included in a population of
vulnerable children identified by the
lead agency involved, which at a
minimum shall include children with
disabilities, infants and toddlers with
disabilities, children experiencing
homelessness, children in foster care,
children in kinship care, children in a
family that is eligible for assistance
through the special supplemental
nutrition program for women, infants,
and children established by section 17
of the Child Nutrition Act of 1966 (42
U.S.C. 1786), a household that is
eligible to receive assistance through
the supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), or a family that is eligible to
receive assistance through the program
of block grants to States for temporary
assistance for needy families
established under part A of title IV of
the Social Security Act (42 U.S.C. 601
et seq.), and children who are
receiving, or need to receive, child
protective services; or
(III) resides with--
(aa) a parent who is more
than 65 years of age;
(bb) a parent who is
employed by an eligible child
care provider; or
(cc) a parent who is
enrolled in high school and has
not exceeded the maximum age of
enrollment in high school.
(B) Longer-term period eligibility.--An individual
who is determined to be an eligible child, and is a
child in foster care or a child experiencing
homelessness, shall not be required to reverify
eligibility for purposes of this title during the
period after the determination and before the
individual becomes 6 years of age or enters
kindergarten, whichever occurs earlier.
(5) Eligible child care provider.--
(A) In general.--The term ``eligible child care
provider'' means a center-based child care provider, a
family child care provider, or other provider of child
care services for compensation that--
(i) is licensed to provide child care
services under State law applicable to the
child care services it provides or, in the case
of an Indian Tribe or Tribal organization,
meets the rules set by the Secretary;
(ii) participates in the State's tiered
system for recognizing and supporting the
quality of child care services described in
subsection (f)(3)(B), or, in the case of an
Indian Tribe or Tribal organization, meets the
rules set by the Secretary--
(I) not later than 4 years after
the State first receives funds under
this section; and
(II) for the remainder of the
period for which the provider receives
funds under this section; and
(iii) satisfies the State and local
requirements, including those requirements
described in section 658E(c)(2)(I) of the Child
Care and Development Block Grant Act of 1990
(42 U.S.C. 9858c(c)(2)(I)), applicable to the
child care services it provides.
(B) Special rule.--A child care provider who is
eligible to provide child care services in a State for
children receiving assistance under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.) on the date the State submits an application for
funds under this section, and remains in compliance
with any licensing or registration standards, or
regulations, of the State, shall be deemed to be an
eligible child care provider under this section for 3.5
years after the State first receives funding under this
section.
(6) FMAP.--The term ``FMAP'' has the meaning given the term
``Federal medical assistance percentage'' in the first sentence
of section 1905(b) of the Social Security Act (42 U.S.C.
1396d(b)).
(7) Family child care provider.--The term ``family child
care provider'' means one or more individuals who provide child
care services, in a private residence other than the residences
of the children involved, for less than 24 hours per day per
child, or for 24 hours per day per child due to the nature of
the work of the parent involved.
(8) Inclusive care.--The term ``inclusive'', with respect
to care (including child care), means care provided by an
eligible child care provider--
(A) for whom the percentage of children served by
the provider who are children with disabilities or
infants or toddlers with disabilities reflects the
prevalence of children with disabilities and infants
and toddlers with disabilities (whichever the provider
serves) among children within the State involved; and
(B) that provides care and full participation for
children with disabilities and infants and toddlers
with disabilities (whichever the provider serves)
alongside children who are--
(i) not children with disabilities; and
(ii) not infants and toddlers with
disabilities.
(9) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(10) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(11) Lead agency.--The term ``lead agency'' means the
agency designated under subsection (e).
(12) Provider type.--The term ``provider type'' means a
type that is--
(A) a center-based child care provider;
(B) a family child care provider; or
(C) another non-center-based child care provider.
(13) Staffed family child care network.--The term ``staffed
family child care network'' means a nonprofit organization--
(A) that may be a component of a child care
resource and referral organization;
(B) that has at least one paid staff member; and
(C) that offers evidence-based professional
development, quality improvement support, business
support, and technical assistance, including on
achieving licensure as a child care provider, to family
child care providers.
(14) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(15) Territory.--The term ``territory'' means the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(c) Appropriations.--
(1) Entitlement.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for each
of fiscal years 2024 through 2029, for payments to States,
territories, and Indian Tribes and Tribal organizations, and
for carrying out this section (other than carrying out
activities described in paragraph (2) or (3)).
(2) Grants to localities; awards to head start agencies.--
In addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services for
fiscal year 2024, out of any money in the Treasury not
otherwise appropriated, $20,000,000,000, to remain available
until September 30, 2029, to carry out the programs of grants
to localities and awards to Head Start agencies described in
subsection (i).
(3) Federal administration.--In addition to amounts
otherwise available, there is appropriated to the Department of
Health and Human Services for fiscal year 2024, out of any
money in the Treasury not otherwise appropriated,
$1,300,000,000, to remain available until September 30, 2029,
to carry out subsections (k) and (l).
(d) Establishment of Birth Through Five Child Care and Early
Learning Entitlement Program.--
(1) In general.--The Secretary is authorized to administer
a child care and early learning entitlement program under which
an eligible child, in a State, territory, or Indian Tribe, or
served by a Tribal organization with an approved application
under subsection (f) or (g), shall be provided an opportunity
to obtain high-quality child care services, subject to the
requirements of this section.
(2) Assistance for every eligible child.--Beginning on
October 1, 2024, every child who applies for assistance under
this section, who is in a State with an approved application
under subsection (f), or in a territory or Indian Tribe or
served by a Tribal organization with an approved application
under subsection (g), and who is determined, by a lead agency
(or other entity designated by a lead agency) for the State,
territory, Indian Tribe, or Tribal organization involved,
following standards and procedures established by the Secretary
by rule, to be an eligible child, shall be offered and shall be
entitled to receive assistance for direct child care services
in accordance with and subject to the requirements and
limitations of this section.
(e) Lead Agency.--The Governor of a State or the head of a
territory or Indian Tribe, desiring for the State, territory, or Indian
tribe or a related tribal organization to receive a payment under this
section, shall designate a lead agency (such as a State agency or joint
interagency office) to administer the child care program carried out
under this section.
(f) Applications and State Plans.--
(1) Application.--To be eligible to receive assistance
under this section, a State shall prepare and submit to the
Secretary for approval an application containing a State plan
that meets the requirements under paragraph (3) and contains
that information.
(2) Period covered by plan.--A State plan contained in the
application shall be designed to be implemented during a period
of not more than 3 years.
(3) Requirements for state plans.--The Secretary shall
award funds under this section to States with an approved
application that contains a State plan, submitted under
paragraph (1), at such time, in such manner, and containing
such information as the Secretary shall by rule require,
including, at a minimum, the following:
(A) Payment rates and cost estimation.--
(i) Payment rates.--The State plan shall
certify that payment rates for the provision of
direct child care services for which assistance
is provided in accordance with this section for
the period covered by the plan, within 3 years
after the State first receives funds under this
section--
(I) will be sufficient to meet the
cost of child care (including fixed
costs such as rent or mortgage and
salaries), and set (with pay being
paid) in accordance with a cost
estimation model or cost study
described in clause (ii) that is
approved by the Secretary; and
(II) will correspond to differences
in quality (including improved quality)
based on the State's tiered system for
recognizing and supporting the quality
of child care services described in
subparagraph (B).
(ii) Cost estimation.--Such State plan
shall--
(I) demonstrate that the State has,
after consulting with the entities and
administrators described in subclause
(II), developed and uses a
statistically valid and reliable cost
estimation model or cost study for the
payment rates for direct child care
services in the State (that are
sufficient to cover providers' fixed
costs and take into account payments
made through BASE grants under title
II), for the cost of child care at each
of the tiers of the State's tiered
system for recognizing and supporting
the quality of child care services
described in subparagraph (B), and for
variations in the cost of direct child
care services by geographic area,
provider type, and age of child, and
the additional costs associated with
providing inclusive care;
(II) certify that the entities and
administrators consulted included the
State Advisory Council on Early
Childhood Education and Care designated
or established in section
642B(b)(1)(A)(i) of the Head Start Act
(42 U.S.C. 9837b(b)(1)(A)(i))
(including State Head Start
collaboration office directors),
administrators of local child care
programs and Head Start agencies,
organizations representing child care
directors, teachers, and other staff,
local child care resource and referral
organizations, organizations
representing parents of children with
disabilities and parents of infants and
toddlers with disabilities, the State
interagency coordinating council
established under section 641 of the
Individuals with Disabilities Education
Act (20 U.S.C. 1441), the State
advisory panel established under
section 612(a)(21) of the Individuals
with Disabilities Education Act (20
U.S.C. 1412(a)(21)), and other
appropriate entities;
(III) certify that the State--
(aa) not later than 30 days
after finalizing the cost
estimation model or cost study,
published a detailed report
containing the child care costs
estimated with the cost
estimation model or cost study,
and including an explanation
detailing how the wage
requirements described in
subclause (IV)(cc) were applied
in the estimation of such
costs; and
(bb) not later than 60 days
after publishing the report,
established a system to receive
public comment on the report
about making changes to the
cost estimation model or cost
study, provided an opportunity
for the public to comment on
the report through that system,
and submitted the report to the
Secretary; and
(IV) certify that the State's
payment rates for direct child care
services for which assistance is
provided in accordance with this
section--
(aa) are set (with pay
being paid) in accordance with
the most recent estimates from
the most recent cost estimation
model or cost study under
subclause (I), so that
providers at each tier of the
tiered system for recognizing
and supporting the quality of
child care services described
in subparagraph (B) receive a
payment that is sufficient to
fully meet the requirements of
such tier;
(bb) are set so as to
provide payments to providers
not at the top tier of the
tiered system that are
sufficient to enable the
providers to increase quality
to meet the requirements for
the next tier;
(cc) ensure adequate wages
for staff of child care
providers providing such direct
child care services that--
(AA) at a minimum,
provide a living wage
for all staff of such
child care providers;
and
(BB) are equivalent
to wages for elementary
educators with similar
credentials and
experience in the
State; and
(dd) are adjusted on an
annual basis for cost-of-living
increases to ensure those
payment rates remain sufficient
to meet the requirements of
this section;
(V) certify that the State will
update, not less often than once every
3 years, the cost estimation model or
cost study, following the process and
in accordance with the requirements of
this subparagraph; and
(VI) certify that the State has
established a system for appeals of the
child care costs estimated with the
cost estimation model or cost study.
(iii) Payment practices.--Such State plan
shall include an assurance that the State will
implement payment practices that support the
fixed costs of providing direct child care
services.
(B) Tiered system for recognizing and supporting
the quality of child care services.--Such State plan
shall certify that the State has implemented, or assure
that the State will develop or revise within 3 years
after first receiving funds under this section, with
input (from early childhood education and development
experts, from a diverse group of child care providers
of a variety of provider types, from families, and from
organizations representing child care directors,
teachers, and other staff), a tiered system for
recognizing and supporting the quality of child care
services for which assistance is made available under
this section, and that are inclusive and appropriate
for such child care providers. Such tiered system
shall--
(i) include a set of standards, for
determining the tier of quality of a child care
provider, that--
(I) uses standards for a highest
tier that at a minimum are equivalent
to Head Start program performance
standards described in section
641A(a)(1)(B) of the Head Start Act (42
U.S.C. 9836a(a)(1)(B)) or other
equivalent evidence-based standards
approved by the Secretary;
(II) includes quality indicators
and thresholds that are appropriate for
child development for different types
of provider types, including center-
based child care providers and family
child care providers, and are
appropriate for providers serving
different age groups (including mixed
age groups) of children; and
(III) aligns standards for the
lowest tier with State licensing
requirements for child care providers
described in subparagraph (K);
(ii) include a different set of standards
that includes indicators, when appropriate, for
care during nontraditional hours of operation;
and
(iii) provide for sufficient resources and
supports for child care providers at tiers
lower than the highest tier to facilitate
progression toward meeting higher quality
standards.
(C) Achieving high quality for all children.--Such
State plan shall certify the State has implemented, or
will implement within 3 years after first receiving
funds under this section, policies and financing
practices that will ensure all eligible children can
choose to attend child care with services at the
highest quality tier within 10 years after the date of
enactment of this Act.
(D) Number and percentage of providers at each
tier.--Such plan shall provide information on the
number and percentage of eligible child care providers
with services at each tier of the State's tiered system
for recognizing and supporting the quality of child
care services described in subparagraph (B), in total
and disaggregated by geographic area, by provider race
and ethnicity, and by race and ethnicity and age of the
children served, unless the disaggregation involved
would reveal personally identifiable information about
an individual provider or child.
(E) Compensation.--Such plan shall provide a
certification that the State has or will have within 3
years after first receiving funds under this section, a
wage ladder for staff of eligible child care providers
receiving assistance under this section, including a
certification that wages for such staff, at a minimum,
will meet the requirements of subparagraph
(A)(ii)(IV)(cc).
(F) Sliding fee scale for copayments.--
(i) In general.--Except as provided in
clause (ii)(I), the State plan shall provide an
assurance that the State will for the period
covered by the plan use a sliding fee scale,
which shall gradually increase copayments as a
percentage of family income for families with
greater family incomes as described in clause
(ii), to determine a copayment for a family
receiving assistance under this section (or,
for a family receiving part-time care, a
reduced copayment that is the proportionate
amount of the full copayment).
(ii) Sliding fee scale.--A full copayment
described in clause (i) shall be determined
using a sliding fee scale that provides that,
for a family with a family income--
(I) of not more than 85 percent of
State median income for a family of the
same size, the family shall not pay a
copayment, toward the cost of the child
care involved for all eligible children
in the family;
(II) of more than 85 percent but
not more than 100 percent of State
median income for a family of the same
size, the copayment shall be more than
0 but not more than 2 percent of that
family income, toward such cost for all
such children;
(III) of more than 100 percent but
not more than 125 percent of State
median income for a family of the same
size, the copayment shall be more than
2 but not more than 4 percent of that
family income, toward such cost for all
such children;
(IV) of more than 125 percent but
not more than 150 percent of State
median income for a family of the same
size, the copayment shall be more than
4 but not more than 7 percent of that
family income, toward such cost for all
such children; and
(V) of more than 150 percent of the
State median income for a family of the
same size, the copayment shall be 7
percent of that family income, toward
such cost for all such children.
(G) Prohibition on charging more than copayment.--
The State plan shall certify that, after the State
develops and uses the cost estimation model or cost
study described in subparagraph (A)(ii), the State will
not permit a child care provider receiving financial
assistance under this section to charge, for direct
child care services for an eligible child, more than
the total of--
(i) the financial assistance provided for
the child under this section; and
(ii) any applicable copayment pursuant to
subparagraph (F).
(H) Reduction of barriers.--The State plan shall
assure that each child who receives assistance under
this section will be considered to meet all eligibility
requirements for such assistance, and will receive such
assistance, for not less than 12 months unless the
child has aged out of the program, and the child's
eligibility determination and redetermination,
including any determination based on the State's
definition of eligible activities, shall be implemented
in a manner that supports child well-being and reduces
barriers to enrollment, including continuity of
services.
(I) Policies to support access to child care for
underserved populations.--The State plan shall
demonstrate that the State will prioritize increasing
access to, and the quality and the supply of, child
care in the State for underserved populations,
including at a minimum, children from low-income
families, children in underserved areas, infants and
toddlers, children with disabilities and infants and
toddlers with disabilities, children who are dual
language learners, children experiencing homelessness,
children in foster or kinship care, children who
receive care during nontraditional hours, and
vulnerable children as defined by the lead agency
pursuant to subsection (b)(4)(A)(iii)(II).
(J) Policies.--The State plan shall include a
certification that the State will apply, under this
section, the policies and procedures described in
subparagraphs (A), (B), (I), (J), (K)(i), (R), and (U)
of section 658E(c)(2) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)), and
the policies and procedures described in section 658H
of such Act (42 U.S.C. 9858f), to child care services
provided under this section.
(K) Licensing.--
(i) Consultation.--The State plan shall
demonstrate that the State has consulted or
will consult with organizations (including
labor organizations and child care and early
learning organizations) representing eligible
child care providers (including family child
care providers), child care associations, child
care directors, teachers, or other staff
(including directors, teachers, or staff from
child care providers serving higher proportions
of underserved populations as identified under
subparagraph (I)), early childhood education
and development experts, maternal and child
health experts, and families in the development
of licensing standards described in this
subparagraph, including identifying barriers to
such licensing for child care providers who are
exempt from such licensing under the Child Care
and Development Block Grant of 1990 (42 U.S.C.
9857 et seq.).
(ii) Licensing standards.--
(I) In general.--The State plan
shall certify that the State will
develop or revise, within 2.5 years
after first receiving funds under this
section, licensing standards
appropriate for child care providers of
a variety of provider types and
provider sizes (which may, when
appropriate, include a different set of
licensing standards with respect to
care during nontraditional hours of
operation) and a pathway to licensure
described in this clause that is
available to and appropriate for such
child care providers, that will offer
providers eligible under the Child Care
and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.) a reasonable
pathway to become eligible providers
under this section, and that will
assure an adequate supply of child
care.
(II) Determination.--For purposes
of subclause (I), provider size shall
be determined by measuring the number
of children served by the provider.
(iii) Timeline.--Such plan shall describe
the timeline the State will use to ensure
sufficient time for providers described in
subsection (b)(5)(B) to comply with such
licensing standards in order to remain eligible
providers after 3.5 years after the State first
receives funding under this section.
(iv) Financial support for providers.--Such
plan shall describe how the State will use
funds reserved under subsection (h)(3)(A) to
enable a variety of provider types to achieve
licensure, including paying for the costs of
required background checks, health screening,
and initial and ongoing training, and other
costs associated with achieving licensure.
(L) Prohibition on suspensions, expulsions, and
aversive behavioral interventions.--The State plan
shall provide an assurance that the State will--
(i) provide assistance to carry out this
section only to eligible child care providers
that prohibit--
(I) the use of suspension and
expulsion of children; and
(II) the use of aversive behavioral
interventions; and
(ii) provide training resources to eligible
child care providers and information to
families to support the prohibition of
practices described in subclauses (I) and (II)
of clause (i).
(M) Multitiered systems of support.--The State plan
shall provide an assurance that the State will provide
assistance to eligible child care providers to
implement multitiered systems of support such as
systems with positive behavioral interventions and
supports, infant and early childhood mental health
consultation and trauma-informed care that promote
positive social and emotional development and reduce
challenging behaviors.
(N) Enrollment practices.--
(i) In general.--The State plan shall
describe how the lead agency will ensure that
families have access to a low-barrier
enrollment (including re-enrollment) process
that is accessible to and minimizes burdens for
families with diverse characteristics, by
implementing activities such as allowing for
simplified enrollment for siblings,
coordinating with other State agencies to
streamline enrollment processes across public
assistance programs, requiring minimal
paperwork, allowing for enrollment through a
State or local website, and providing flexible
submission deadlines.
(ii) Definition.--In this subparagraph, the
term ``family with diverse characteristics''
includes families with adults with
disabilities, with children with disabilities,
or with infants and toddlers with disabilities,
families experiencing homelessness, families
with limited access to internet connectivity,
families living in rural areas, families of
dual language learners, and families with
children in underserved populations identified
under subparagraph (I).
(O) Implementation for low-income families.--The
State plan shall include a certification that the
applicant, not later than October 1, 2024, will provide
assistance described in subsection (d)(2) to every
child in the State who is described in that subsection,
and is from a family with a family income of not more
than 85 percent of the State median income for a family
of the same size, before the applicant expands the
program involved to provide such assistance to children
from additional families.
(g) Payments.--
(1) In general.--For each of fiscal years 2024 through
2029:
(A) Child care assistance for eligible children.--
(i) In general.--The Secretary shall pay to
each State with an approved application under
subsection (f), and that State shall be
entitled to, an amount for each quarter equal
to 90 percent of expenditures (which shall be
the Federal share of such expenditures) in the
quarter for direct child care services
described under subsection (h)(2) for eligible
children.
(ii) Exception.--Funds reserved from the
total under subsection (h)(3) shall be subject
to subparagraph (B).
(iii) Prohibition.--Activities described in
subparagraph (B) or (C) may not be included in
the cost of direct child care services
described in this subparagraph.
(B) Activities to improve the quality and supply of
child care services.--The Secretary shall pay to each
State with such an approved application, and that State
shall be entitled to, the FMAP of expenditures (which
shall be the Federal share of such expenditures) to
carry out activities to improve the quality and supply
of child care services under subsection (h)(3) subject
to the limit specified in subparagraph (A) of such
subsection.
(C) Administration.--The Secretary shall pay to
each State with such an approved application, and that
State shall be entitled to, an amount equal to 50
percent of expenditures (which shall be the Federal
share of such expenditures) for the costs of
administration incurred by the State--
(i) which shall include costs incurred by
the State in carrying out the child care
program established in this section; and
(ii) which may include, at the option of
the State, costs associated with carrying out
requirements, policies, and procedures
described in section 658H of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858f).
(2) Advance payment; retrospective adjustment.--For each of
fiscal years 2024 through 2029, the Secretary shall make
payments under this subsection for a period on the basis of
advance estimates of expenditures submitted by the State and
such other investigation as the Secretary may find necessary,
and shall reduce or increase the payments as necessary to
adjust for any overpayment or underpayment for previous
periods. No interest shall be charged or paid on any amount due
because of an overpayment or underpayment for previous periods.
(3) Territories and tribes.--
(A) In general.--For each of fiscal years 2024
through 2029, from amounts appropriated under
subsection (c)(1) the Secretary shall make payments to
territories, and Indian Tribes and Tribal
organizations, as the case may be, with applications
submitted as described in subparagraph (B), and
approved by the Secretary for the purpose of carrying
out the child care program described in this section,
consistent, to the extent practicable as determined by
the Secretary (subject to subsection (d)(2)), with the
requirements applicable to States.
(B) Applications.--
(i) Tribal applications.--An Indian Tribe
or Tribal organization seeking a payment under
this paragraph shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary
may specify, including--
(I) a certification described in
subsection (f)(3)(O), except that each
reference in the subsection to ``child
in the State'' shall be considered to
be a reference to ``child served by the
Indian Tribe or Tribal organization, as
the case may be,''; and
(II) an agreement to collect data
and provide reports under subsection
(n).
(ii) Territorial applications.--A territory
seeking a payment under this paragraph shall
submit an application to the Secretary at such
time, in such manner, and containing such
information as the Secretary may specify,
including--
(I) a certification described in
subsection (f)(3)(O), except that each
reference in the subsection to ``child
in the State'' shall be considered to
be a reference to ``child in the
territory''; and
(II) an agreement to collect data
and provide reports under subsection
(n).
(C) Amount.--The Secretary shall make the payments
to the territories, Indian Tribes, and Tribal
organizations described in subparagraph (A) on the
basis of their relative need. Each entity that is such
a territory, Indian Tribe, or Tribal organization shall
be entitled to such a payment as may be necessary to
carry out the activities described in subsection (h),
and to pay for the costs of administration incurred by
the entity, which shall include costs incurred by the
entity in carrying out the child care program, and
which may include, at the option of the entity, costs
associated with carrying out requirements, policies,
and procedures described in section 658H of the Child
Care and Development Block Grant Act of 1990.
(h) Use of Funds.--
(1) In general.--Starting on October 1, 2024, a State shall
use amounts provided to the State under subsection (g) for
direct child care services (provided on a sliding fee scale
basis), activities to improve the quality and supply of child
care services consistent with paragraph (3), and State
administration consistent with subsection (g)(1)(C).
(2) Child care assistance for eligible children.--
(A) In general.--For each of fiscal years 2024
through 2029, from payments made to the State under
subsection (g) for that particular fiscal year, the
State shall ensure that parents of eligible children
can access direct child care services provided by an
eligible child care provider under this section through
a grant or contract as described in subparagraph (B) or
a certificate as described in subparagraph (C).
(B) Grants and contracts.--The State shall award
grants or contracts to eligible child care providers,
consistent with the requirements under this section,
for the provision of child care services for eligible
children under this section that, at a minimum, support
providers' operating expenses to meet and sustain
health, safety, quality, and wage standards required
under this section.
(C) Certificates.--The State shall issue a child
care certificate directly to a parent who shall use
such certificate only as payment for direct child care
services or as a deposit for direct child care services
if such a deposit is required of other children being
cared for by the provider, consistent with the
requirements under this section.
(3) Activities to improve the quality and supply of child
care services.--
(A) Quality child care activities.--
(i) Amount.--For each of fiscal years 2024
through 2029, from the total of the payments
made to the State for a particular fiscal year,
the State shall reserve and use a quality child
care amount equal to not less than 5 percent
and not more than 10 percent of the amount made
available to the State through such payments
for the previous fiscal year.
(ii) Use of quality child care amount.--
Each State shall use the quality child care
amount described in clause (i) to implement
activities described in this paragraph to
improve the quality and supply of child care
services by eligible child care providers, and
increase the number of available slots in the
State for child care services funded under this
section, prioritizing assistance for child care
providers who are in underserved communities
and who are providing, or are seeking to
provide, child care services for underserved
populations identified under subsection
(f)(3)(I).
(iii) Administration.--Activities funded
under this paragraph may be administered--
(I) directly by the lead agency; or
(II) through other State government
agencies, local or regional child care
resource and referral organizations,
community development financial
institutions, other intermediaries with
experience supporting child care
providers, or other appropriate
entities that enter into a contract
with the State to provide such
assistance.
(B) Quality and supply activities.--Activities
funded under the quality child care amount described in
subparagraph (A) shall include each of the following:
(i) Startup grants and supply expansion
grants.--
(I) In general.--From a portion of
the quality child care amount, a State
shall make startup and supply expansion
grants to support child care providers
who are providing, or seeking to
provide, child care services to
children receiving assistance under
this section, with priority for
providers providing or seeking to
provide child care in underserved
communities and for underserved
populations identified under subsection
(f)(3)(I), to--
(aa) support startup and
expansion costs; and
(bb) assist such providers
in meeting health and safety
requirements, achieving
licensure, conducting
background checks, and meeting
requirements in the State's
tiered system for recognizing
and supporting the quality of
child care services described
in subsection (f)(3)(B).
(II) Requirement.--As a condition
of receiving a startup or supply
expansion grant under this clause, a
child care provider shall commit to
meeting the requirements of an eligible
provider under this section, and
providing child care services to
children receiving assistance under
this section on an ongoing basis.
(ii) Quality grants.--From a portion of the
quality child care amount, a State shall
provide quality grants to support eligible
child care providers in providing child care
services to children receiving assistance under
this section to improve the quality of such
providers, including--
(I) supporting such providers in
meeting or making progress toward the
requirements for the highest tier of
the State's tiered system for
recognizing and supporting the quality
of child care services described in
subsection (f)(3)(B); and
(II) supporting such providers in
sustaining child care quality,
including supporting increased wages
for staff and supporting payment of
fixed costs.
(iii) Facilities grants.--From a portion of
the quality child care amount, a State shall
provide support, including through awarding
facilities grants, for an activity (referred to
in this subparagraph as a ``covered activity'')
consisting of remodeling, renovation, or repair
of a building or facility, or for construction,
permanent improvement, or major renovation of a
building or facility primarily used for
providing direct child care services, in
accordance with the following:
(I) Recipients.--The facilities
grants shall be awarded to eligible
child care providers with submitted or
approved applications under subsection
(f) or (g) or to intermediaries with
experience supporting child care
providers in order to enable the
intermediaries to assist such eligible
child care providers with covered
activities.
(II) Eligibility.--To be eligible
to receive funds through a facilities
grant under this clause, a child care
provider shall enter into an agreement
with the State in which the provider
commits to use the funds only after
obtaining approval of an application
under subsection (f) or (g) and commits
to provide child care services to
children receiving assistance under
this section on an ongoing basis.
(III) Federal interest
application.--Provisions of Federal law
relating to a Federal interest in a
building or facility shall not apply to
a covered activity for privately owned
family child care homes under this
clause.
(IV) Federal interest duration.--
The Secretary shall not retain a
Federal interest after a period of 10
years in any building, or facility, at
which a covered activity was carried
out with funds awarded under this
clause.
(V) Religious buildings and
facilities.--Eligible child care
providers may not use funds for
buildings or facilities that are used
primarily for sectarian instruction or
religious worship.
(VI) Family child care homes.--The
Secretary shall develop parameters on
the use of funds under this clause for
family child care homes.
(iv) State activities to improve the
quality of child care services.--A State shall
use a portion of the quality child care amount
to improve the quality of child care services
available under this section, which shall
include--
(I) supporting the training and
professional development of the early
childhood workforce, including
supporting degree attainment and
credentialing for early childhood
educators;
(II) developing, implementing, or
revising the State's tiered system for
recognizing and supporting the quality
of child care services described in
subsection (f)(3)(B);
(III) improving the supply and
quality of developmentally appropriate
and inclusive child care programs and
services for underserved populations
identified under subsection (f)(3)(I);
(IV) improving access to child care
services for vulnerable children as
defined by the lead agency pursuant to
subsection (b)(4)(A)(iii)(II);
(V) providing outreach and
enrollment support for families of
eligible children;
(VI) supporting eligible child care
providers to eliminate use of
suspensions, expulsions, and aversive
behavioral interventions, including
through adaptations and interventions
by special educators, mental health
consultants, and other community
resource personnel, such as behavior
coaches, psychologists, and other
appropriate specialists, and through
the provision of mental health services
for the providers;
(VII) promoting multitiered systems
of support such as systems with
positive behavioral interventions and
supports and trauma-informed care that
promote positive social and emotional
development and reduce challenging
behaviors;
(VIII) offering training, coaching,
or professional development
opportunities for eligible child care
providers that relate to the use of
evidence-based, developmentally
appropriate and age-appropriate
strategies to promote the social,
emotional, physical, adaptive,
communication, and cognitive
development of children;
(IX) improving coordination between
States and local governments with
respect to licensing and other
regulatory requirements for eligible
child care providers;
(X) increasing interrater
reliability concerning licensing
inspections or other evaluations of
eligible child care providers by
training licensing inspectors of the
providers and providing such inspectors
with additional professional
development;
(XI) identifying and eliminating
barriers to licensure of eligible child
care providers, such as through
reducing fees for background checks,
translating licensing regulations into
languages other than English, and
collaborating with housing agencies or
local governments; and
(XII) establishing or supporting a
system of local or regional child care
resource and referral organizations
that is coordinated, to the extent
determined appropriate by the State, by
a statewide public or private
nonprofit, community-based or
regionally based, lead child care
resource and referral organization, as
described in section 658E(c)(3)(B)(iii)
of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C.
9858c(c)(3)(B)(iii)).
(v) Technical assistance.--From a portion
of the quality child care amount described in
subparagraph (A), the State, in coordination
with local governments and staffed family child
care networks as appropriate, shall provide
technical assistance to increase the supply of
eligible child care providers in the State,
such as--
(I) providing business startup
support;
(II) conducting outreach to recruit
new child care providers and inform
such providers about the opportunities
provided under this title, including
support for participation in the tiered
system for recognizing and supporting
the quality of child care services
described in subsection (f)(3)(B);
(III) providing support to enable
providers to achieve licensure
(including providing support for child
care providers operating legally
without a child care license to obtain
such license, such as providing, for
individuals seeking a child care
license, pre-licensing orientation and
technical assistance throughout the
child care licensing process);
(IV) offering orientations for new
child care providers including
orientations explaining support under
programs such as the child and adult
care food program established under
section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1766); and
(V) supporting the development of
shared service models for child care
programs.
(i) Grants to Localities and Awards to Head Start Programs.--
(1) Eligible locality defined.--In this subsection, the
term ``eligible locality'' means a city, county, or other unit
of general local government.
(2) Grants to localities.--
(A) In general.--The Secretary shall use funds
appropriated under subsection (c)(2) to award local
Birth Through Five Child Care and Early Learning
Grants, as determined by the Secretary, to eligible
localities located in States that have not received
payments under subsection (g). The Secretary shall
award the grants to eligible localities in such a State
from the allotment made for that State under
subparagraph (B).
(B) Allotments.--
(i) Poverty line defined.--In this
subparagraph, the term ``poverty line'' means
the poverty line defined and revised as
described in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(ii) General authority.--For each State
described in subparagraph (A), the Secretary
shall allot for the State for a fiscal year an
amount that bears the same relationship to the
funds appropriated under subsection (c)(2) and
available to carry out this paragraph for the
fiscal year as the number of children from
families with family incomes that are at or
below 200 percent of the poverty line, and who
are under the age of 6, in the State bears to
the total number of all such children in all
States described in subparagraph (A).
(C) Application.--To receive a grant from the
corresponding State allotment under subparagraph (B),
an eligible locality shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require. The
requirements for the application shall, to the greatest
extent practicable, be consistent with the State plan
requirements applicable to States under subsection (f).
(D) Requirements.--The Secretary shall specify the
requirements for an eligible locality to provide access
to child care, which child care requirements shall, to
the greatest extent practicable, be consistent with the
requirements applicable to States under this section.
(E) Recoupment of unused funds.--Notwithstanding
any other provision of this section, for each of fiscal
years 2025 through 2029, the Secretary shall have the
authority to recoup any unused funds allotted under
subparagraph (B) for awards under paragraph (3)(A) to
Head Start agencies in accordance with paragraph (3).
(3) Head start expansion in nonparticipating states.--
(A) In general.--The Secretary shall use funds
appropriated under subsection (c)(2) or recouped under
paragraph (2) to make awards to Head Start agencies in
a State described in paragraph (2)(A) to carry out the
purposes of the Head Start Act (42 U.S.C. 9831 et seq.)
in such State.
(B) Rule.--For purposes of carrying out the Head
Start Act in circumstances not involving awards under
this paragraph, funds awarded under subparagraph (A)
shall not be included in the calculation of a ``base
grant'' as such term is defined in section 640(a)(7)(A)
of the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
(C) Definition.--In this paragraph, the term ``Head
Start agency'' means an entity designated or eligible
to be designated as a Head Start agency under section
641(a)(1) of the Head Start Act (42 U.S.C. 9836(a)(1))
or as an Early Head Start agency (by receiving a grant)
under section 645A(a) of such Act (42 U.S.C. 9840a).
(4) Priority for serving underserved populations.--In
making determinations to award a grant or make an award under
this subsection, the Secretary shall give priority to entities
serving a high percentage of individuals from underserved
populations identified under subsection (f)(3)(I).
(j) Program Requirements.--
(1) Nondiscrimination.--The following provisions of law
shall apply to any program or activity that receives funds
provided under this section:
(A) Title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
(B) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(C) Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794).
(D) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(2) Prohibition on additional eligibility requirements.--No
individual shall be determined, by the Secretary, a State, or
another recipient of funds under this section, to be ineligible
for child care services provided under this section, except on
the basis of eligibility requirements specified in or under
this section.
(3) Maintenance of effort.--
(A) In general.--A State that receives payments
under this section for a fiscal year, in using the
funds made available through the payments, shall
maintain the expenditures of the State for child care
services at the average level of such expenditures by
the State for the 3 preceding fiscal years.
(B) Counting rule.--State expenditures counted for
purposes of meeting the requirement in subparagraph (A)
may also be counted for purposes of meeting the
requirement to provide a non-Federal share under
subparagraph (A), (B), or (C), as appropriate, of
subsection (g)(1).
(4) Supplement not supplant.--Funds received under this
section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide
child care services in the State on the date of enactment of
this Act, calculated as the average amount of such Federal,
State, and local public funds expended for fiscal years 2021,
2022, and 2023.
(5) Allowable sources of non-federal share.--For purposes
of providing the non-Federal share required under subsection
(g)(1), a State's non-Federal share--
(A) for direct child care services described in
subsection (g)(1)(A)--
(i) shall not include contributions being
used as a non-Federal share or match for
another Federal award; and
(ii) shall be provided from State or local
sources, contributions from philanthropy or
other private organizations, or a combination
of such sources and contributions; and
(B) for activities to improve the quality and
supply of child care services described in subsection
(g)(1)(B), and administration described in subsection
(g)(1)(C)--
(i) shall not include contributions being
used as a non-Federal share or match for
another Federal award;
(ii) shall be provided from State or local
sources, contributions from philanthropy or
other private organizations, or a combination
of such sources and contributions; and
(iii) may be in cash or in kind, fairly
evaluated, including facilities or property,
equipment, or services.
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor compliance of
States, territories, Tribal entities, and local entities with
this section and State compliance with the State plan described
in subsection (f)(3).
(2) Issuance of rule.--The Secretary shall establish by
rule procedures for--
(A) receiving, processing, and determining the
validity of complaints or findings concerning any
failure of a State to comply with the State plan or any
other requirement of this section;
(B) notifying a State when the Secretary has
determined there has been a failure by the State to
comply with a requirement of this section; and
(C) imposing sanctions under this subsection for
such a failure.
(l) Federal Administration.--Using funds appropriated under
subsection (c)(3), the Secretary shall carry out administration of this
section, shall provide (including through the use of grants or
cooperative agreements) technical assistance to States, territories,
Indian Tribes, and Tribal organizations, and shall carry out research
and evaluations related to this section.
(m) Nonpostsecondary Education Program.--For purposes of section
401 of the Act entitled ``An Act to provide for reconciliation pursuant
to section 201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997'', approved August 22, 1996, the program carried out
under this section shall be considered to be a program of
nonpostsecondary education.
(n) Reports.--
(1) Collection of information by states.--
(A) In general.--A State that receives funds to
carry out this section shall collect the information
described in subparagraph (B) on a monthly basis.
(B) Required information.--The information required
to be collected under this subparagraph shall consist
of, with respect to a family receiving assistance under
this section, information concerning--
(i) family income;
(ii) county (or comparable local
jurisdiction) of residence;
(iii) the gender, race and ethnicity, and
age of each child receiving such assistance;
(iv) whether the head of the family is a
single parent;
(v) the number of months the family has
received such assistance;
(vi) the provider type with which the child
was enrolled;
(vii) the amount of the copayment paid for
child care provided under this section;
(viii) the average hours per month of such
care, during the period for which such
information is required to be submitted; and
(ix) whether the children receiving
assistance under this section are either
children with disabilities or infants and
toddlers with disabilities.
(C) Submission to the secretary.--A State described
in subparagraph (A) shall, on a quarterly basis, submit
the information required to be collected under
subparagraph (B) to the Secretary.
(D) Use of samples.--
(i) Authority.--A State may comply with the
requirement to collect the information
described in subparagraph (B) through the use
of disaggregated case record information for a
sample of families selected through the use of
scientifically acceptable sampling methods
approved by the Secretary.
(ii) Sampling and other methods.--The
Secretary shall provide the States with such
case record sampling plans and data collection
procedures as the Secretary determines to be
necessary to produce statistically valid
samples of the information described in
subparagraph (B). The Secretary may develop and
implement procedures for verifying the quality
of the data submitted by the States.
(E) Prohibition.--Reports submitted to the
Secretary under subparagraph (C) shall not contain
personally identifiable information.
(2) Annual reports.--Not later than 1 year after the date
of enactment of the Child Care for Working Families Act, and
annually thereafter, a State shall prepare and submit to the
Secretary a report containing such information as the Secretary
may require, that includes at a minimum, the description and
analysis described in paragraph (3) and aggregate data
concerning--
(A) the number of child care providers that
received funding under this section and licensed
capacity of such providers, and such data disaggregated
by provider type, by the quality rating on the State's
tiered system for recognizing and supporting the
quality of child care services described in subsection
(f)(3)(B) (referred to in this subsection as the
``quality rating'') of such providers, and by the
geographic area of such providers;
(B)(i) the total number of children, and families
with children, receiving child care services funded
under this section;
(ii) the percentage of children, and families with
children, receiving child care services funded under
this section, among all children less than 6 years of
age, and all families with such children, respectively,
in all States; and
(iii) the data described in clause (i), and the
data described in clause (ii), disaggregated for
children, and families with children, by--
(I) race and ethnicity of the child
involved;
(II) family income of the child's family;
(III) age of the child;
(IV) the child's status as an infant or
toddler with a disability or child with a
disability;
(V) the child's status as a child
experiencing homelessness;
(VI) the child's status as a child in
foster care; and
(VII) the child's status (to the extent the
status is known) as a dual language learner;
(C) the monthly child care subsidy payment rate
paid to eligible child care providers for child care
services funded under this section, as determined by
the State's cost estimation model or cost study
described in subsection (f)(3)(A)(i), including any
variation in the rate by geographic area, provider
type, age of child, and costs associated with providing
inclusive care;
(D) the amount of the copayment paid by families
for such child care services, and such data
disaggregated by family income;
(E) the number and percentage of payments made by
the State for such services to eligible child care
providers through certificates, grants, and contracts,
and such data disaggregated by provider type;
(F) the manner in which consumer education
information was provided to parents and the number of
parents to whom such information was provided under
this section;
(G) the number of child fatalities occurring among
children while in the care or facility of child care
providers funded under this section, and such data
disaggregated by provider type;
(H) the geographic area of child care providers
funded under this section;
(I) the quality features of child care services
provided by providers funded under this section,
compared to the quality features of child care services
provided by other child care providers, to the extent
possible, including data on quality features such as--
(i) amount of staff wages and other
compensation (including benefits);
(ii) length of staff retention;
(iii) presence of coaching and professional
development activities;
(iv) number of providers remaining open
through the year covered;
(v) measured parent satisfaction; and
(vi) presence of provision of information
in languages other than English;
(J) the quality features of child care services
received by children and funded under this section, and
such data disaggregated by the children's--
(i) race and ethnicity;
(ii) family income;
(iii) age;
(iv) status as an infant or toddler with a
disability or child with a disability;
(v) status as a child experiencing
homelessness;
(vi) status as a child in foster care; and
(vii) status (to the extent the status is
known) as a dual language learner;
(K) the number of child care providers, listed by
provider type, geographic area, and provider quality
rating, that received--
(i) a startup or supply expansion grant
under subsection (h)(3)(B)(i);
(ii) a quality grant under subsection
(h)(3)(B)(ii); or
(iii) a facilities grant under subsection
(h)(3)(B)(iii); and
(L) the average wages (including salaries), or
other compensation for staff of eligible child care
providers funded under this section, and such data
disaggregated by provider type, job position type, and
to the extent possible, staff race and ethnicity.
(3) Description and analysis.--The State shall include in
each report described in paragraph (2)--
(A) a description of whether there are inequities
in how child care providers with quality features
described in paragraph (2)(I) are distributed among
children served under this section; and
(B) an analysis of the State's child care supply,
including an analysis of the number of child care slots
with licensed child care providers that were added or
lost by the State in the covered year, and trends in
such addition or loss by provider type and quality
rating of child care provider.
(4) Rule on disaggregation.--Nothing in this paragraph
shall require disaggregation of data if the disaggregation
involved would reveal personally identifiable information about
an individual provider or child.
(o) Reports to Congress.--The Secretary shall--
(1) submit an annual report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and
the Workforce and the Committee on Appropriations of the House
of Representatives, summarizing the findings from the reports
received under subsection (n)(2); and
(2) make such report publicly available on the website of
the Department of Health and Human Services.
(p) Transition Provisions.--
(1) Treatment of child care and development block grant
funds.--For each of fiscal years 2024 through 2029, a State
receiving assistance under this section shall not use more than
15 percent of any funds received under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) to
provide assistance for direct child care services to children
who are under the age of 6, are not yet in kindergarten, and
are eligible under that Act.
(2) Special rules regarding eligibility.--Any child who is
less than 6 years of age, is not yet in kindergarten, and is
receiving assistance under the Child Care and Development Block
Grant Act of 1990 on the date funding is first allocated to the
lead agency for the State, territory, Indian Tribe, or Tribal
organization involved under this section--
(A) shall be deemed immediately eligible to receive
assistance under this section; and
(B) may continue to use the child care provider of
the family's choice.
(3) Transition procedures.--The Secretary is authorized to
institute procedures for implementing this section, including
issuing guidance for States receiving funds under subsection
(g).
TITLE II--BUILDING AN AFFORDABLE SYSTEM FOR EARLY EDUCATION GRANTS
SEC. 201. PURPOSES.
The purposes of this title are to make child care services more
accessible for families and to support the stability and quality of
eligible child care providers by--
(1) promoting the stability of the child care sector by
providing a source of stable funding to eligible child care
providers to help offset their operating expenses;
(2) supporting sustained and increased wages for early
childhood educators or other staff of eligible child care
providers, in order to stabilize and grow the child care
workforce;
(3) expanding the supply and capacity of eligible child
care providers to ensure working families have a range of high-
quality, affordable child care options, in a variety of
settings, that meet their unique needs; and
(4) supporting access to child care services for
communities facing a particular shortage of child care options,
including child care services for infants and toddlers, child
care services during nontraditional or extended hours, and
inclusive child care services for children with disabilities.
SEC. 202. DEFINITIONS.
In this title:
(1) CCDBG terms.--The terms ``child care certificate'',
``child with a disability'', ``family child care provider'',
``lead agency'', ``Secretary'', and ``State'' have the meanings
given the terms in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n). The
terms ``Indian Tribe'' and ``Tribal organization'' have the
meanings given the terms ``Indian tribe'' and ``tribal
organization'' in section 658P of that Act.
(2) Eligible child care provider.--The term ``eligible
child care provider'' means--
(A) an eligible child care provider as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990; and
(B) an eligible child care provider as defined in
title I.
(3) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(4) Infant or toddler with a disability.--The term ``infant
or toddler with a disability'' has the meaning given the term
in section 101(b).
(5) Provider type.--The term ``provider type'' means a type
that is--
(A) a center-based child care provider;
(B) a family child care provider; or
(C) another non-center-based child care provider.
SEC. 203. SECRETARIAL RESERVATION.
From the funds appropriated to carry out this title, the Secretary
shall reserve not more than 3 percent for the Federal administration of
grants described in section 204, which may include providing technical
assistance to the lead agencies.
SEC. 204. GRANTS.
(a) In General.--From the amounts appropriated to carry out this
title that remain after the Secretary makes the reservation required
under section 203, and under the authority of section 658O of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) and this
section, the Secretary shall award to each lead agency a BASE Grant,
without regard to the requirements in subparagraphs (C) and (E) of
section 658E(c)(3), and in section 658G, of that Act (42 U.S.C.
9858c(c)(3), 9858e). Such grant shall be made from an amount allotted
in accordance with section 658O of that Act (42 U.S.C. 9858m),
excluding paragraphs (3) through (5) of subsection (a) of that section.
(b) Payments for Indian Children.--In accordance with section 658O
of that Act, the Secretary may make BASE Grants to Indian Tribes or
Tribal organizations for the planning and carrying out of programs or
activities consistent with the objectives of this title.
SEC. 205. STATE APPLICATION.
To be eligible to receive a grant under section 204, a lead agency
shall submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may reasonably
require, including--
(1) a description of the process the lead agency will
establish to award subgrant funds to eligible child care
providers under this title;
(2) a description of how the lead agency will, in
determining the subgrant amount for an eligible child care
provider under this title--
(A) ensure such subgrant is sufficient to support
the ongoing operations and long-term sustainability of
the eligible child care provider;
(B) account for the cost of providing high-quality
child care services, including--
(i) variations in the cost of child care
services related to geographic area, provider
type, size of provider, and age of child
served;
(ii) costs associated with providing care
during nontraditional or extended hours;
(iii) costs associated with serving
children with disabilities, including infants
and toddlers with disabilities; and
(iv) costs associated with meeting group
sizes and ratios necessary to support high-
quality and inclusive child care services,
including for infants and toddlers;
(C) account for the cost of attracting, training,
and retaining a qualified and skilled workforce, which
shall include at a minimum, supporting increased wages
for all staff of the provider, as described in section
209(5); and
(D) if the lead agency uses a formula for awarding
such a subgrant that is based on general cost
estimates, base such estimates on the provider's
enrollment capacity rather than attendance;
(3) a description of how the lead agency will work with the
eligible child care providers to improve the quality of child
care services, which may include improving the State's tiered
system for recognizing and supporting the quality of child care
services described in section 101(f)(3)(B); and
(4) a description of how the lead agency will use funds
reserved under section 207(a)(1) to conduct widespread outreach
and provide technical assistance to eligible child care
providers (including family child care providers, providers
with limited administrative capacity, and providers whose
primary language is not English), either directly or through
child care resource and referral organizations, staffed family
child care networks, or local governments, to ensure such
providers are aware of the subgrants available under this title
and are able to apply for and manage the resources provided
through such subgrants.
SEC. 206. ADMINISTRATION.
Activities funded under a grant made for a State under section 204
may be administered--
(1) directly by the State's lead agency; or
(2) under a grant or contract to provide such
administration, through another State government agency, a
local or regional child care resource and referral
organization, a community development financial institution,
another nonprofit intermediary with experience supporting child
care providers, or another appropriate entity.
SEC. 207. STATE ACTIVITIES AND SUBGRANTS.
(a) In General.--A lead agency for a State that receives a BASE
Grant pursuant to section 204 shall--
(1) reserve not more than 10 percent of the grant funds to
administer subgrants, provide technical assistance and support
to enable all provider types to apply for, access, and manage
the resources provided through such subgrants and other sources
of public financial assistance available for the objectives of
this title, publicize the availability of the subgrants, and
carry out activities to increase the supply of child care
services, under this title; and
(2) with the remaining grant funds, make subgrants to
eligible child care providers to carry out the activities
described in section 210.
(b) Subgrant Period.--The lead agency shall make the subgrants for
a period of 5 years.
(c) Payment Practices.--The lead agency shall make the subgrant
payments in advance, with necessary adjustments on account of
overpayments or underpayments.
SEC. 208. PRIORITY FOR SUBGRANTS.
(a) In General.--In making subgrants under this title, the lead
agency shall give priority to eligible child care providers that--
(1) provide child care services during nontraditional or
extended hours;
(2) provide child care services to infants and toddlers;
(3) provide child care services to dual language learners,
children with disabilities, children experiencing homelessness,
children in foster care, or children from low-income families;
(4) provide child care services to children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) or under title I, as
applicable, for the child care services;
(5) operate in communities, including communities with a
high proportion of children in households with incomes below
the poverty line and rural communities, with a low supply of
child care services; or
(6) are small business concerns, as defined in section 3 of
the Small Business Act (15 U.S.C. 632), or nonprofit
organizations that are described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code.
(b) Definition.--In this section, the term ``poverty line'' means
the poverty line defined and revised as described in section 673 of the
Community Services Block Grant Act (42 U.S.C. 9902).
SEC. 209. ELIGIBLE CHILD CARE PROVIDER APPLICATION.
To be qualified to receive a subgrant under this title, an eligible
child care provider shall submit to the corresponding lead agency, at
such time and in such manner as the lead agency may reasonably require,
an application containing each of the following:
(1) A description of how the eligible child care provider
meets the priority requirements in section 208, if applicable.
(2) An assurance that the eligible child care provider
accepts child care subsidies in the form of certificates,
grants, or contracts as authorized under the Child Care
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.),
or child care subsidies in the form of certificates, grants, or
contracts under title I, as an acceptable form of payment,
regardless of whether children who are the beneficiaries of the
child care subsidies are actually enrolled.
(3) An assurance that the eligible child care provider, for
the duration of the period of the grant under section 204, will
be open and available to serve children unless temporarily
closed due to or for a building safety issue or maintenance as
a result of a building safety issue, widespread illness or a
staff shortage, a routine closure or break due to a holiday or
scheduled staff professional development session, or a state of
emergency, major disaster, or emergency within the meaning of
section 658E(c)(2)(U) of the Child Care Development Block Grant
Act of 1990 (42 U.S.C. 9858c(c)(2)(U)).
(4) A description of how the eligible child care provider
will use funds provided under the subgrant to improve the
quality of child care services and operations, such as through
participation in a State's tiered system for recognizing and
supporting the quality of child care services.
(5) A description of how the eligible child care provider
will pay staff increased wages over the course of the grant
period including, at a minimum, providing--
(A) annual cost-of-living adjustments; and
(B) graduated pay increases based on a staff
member's credentials, experience, and job
responsibilities, including, for a provider with 15 or
more staff, a wage ladder based on the credentials,
experience, and responsibilities.
SEC. 210. USE OF FUNDS.
(a) In General.--An eligible child care provider that receives a
subgrant under this title--
(1) shall use at least 70 percent of subgrant funds for
child care personnel costs, including--
(A) wages (including salaries) or similar
compensation for a person who is a staff member or any
sole proprietor or independent contractor, aligned with
wage standards; and
(B)(i) annual cost-of-living adjustments for staff;
and
(ii) graduated pay increases based on a staff
member's credentials, experience, and job
responsibilities, including, for a provider with 15 or
more staff, a wage ladder based on the credentials,
experience, and responsibilities; and
(2) may use the subgrant funds for costs of activities
related to the provider's program, consisting of--
(A) professional development and instructional
coaching for staff involved in the direct education and
care of children, and providing support for planning
and instruction;
(B) providing recruitment and retention bonuses for
staff;
(C) providing staff benefits, such as health
insurance, paid leave (including parental, family,
medical, sick, and bereavement leave, and including
personal leave or vacation), and funds for retirement
accounts;
(D) hiring staff, including conducting background
checks, and including hiring staff to reduce staff-to-
child ratios or substitute staff to support use of paid
leave;
(E) paying for occupancy, including making payments
for--
(i) rent (including rent under a lease), or
on any mortgage obligation; and
(ii) insurance, utilities, and maintenance;
(F) obtaining equipment, repairs, supplies,
services, and training necessary to ensure compliance
with applicable health, safety, educational, and
quality requirements and to support high-quality,
developmentally appropriate child care services, and
achieving licensure as a child care provider;
(G) providing comprehensive services to support the
health, including mental health, and well-being, of
children and families from underserved populations, as
described in section 101(f)(3)(I);
(H) improving the quality of child care services in
a way that is appropriate for child development by
provider type involved, and for the age group of the
children served; and
(I) providing inclusive and developmentally
appropriate care for children with disabilities,
including implementing reasonable accommodations,
making space more accessible, and providing additional
staffing and coordinating early intervention services
provided through the provider's program with early
intervention services provided through other early
childhood programs.
(b) Special Rule for States Participating in Title I Program.--
Notwithstanding subsection (a) and subject to the approval of the
Secretary, a lead agency of a State participating in the program
established in title I may make alternative uses of the funds received
through a grant made under section 204, if such funds support--
(1) the provision of high-quality, affordable child care
services, in accordance with title I;
(2) compensation for early childhood educators and staff of
child care programs, of eligible child care providers, that
meet the requirements of title I; or
(3) initiatives to expand the supply of eligible child care
providers or improve the quality of child care services
provided by eligible child care providers.
(c) Rule.--For purposes of subsection (a), the terms ``staff'' and
``staff member'' include a person described in subsection (a)(1)(A).
SEC. 211. REPORTING.
(a) Lead Agency Reports.--Not later than 1 year after a lead agency
has received a grant under section 204 and annually thereafter, the
lead agency shall submit to the Secretary, in such manner and
containing such information as the Secretary may require, a report that
includes, at a minimum--
(1) the total number of eligible child care providers who
applied for a subgrant under this title relative to the total
number of eligible child care providers in the State,
disaggregated by provider type, race and ethnicity of provider,
and geographic area;
(2) the total number of eligible child care providers that
received such a subgrant relative to the total number of
eligible child care providers in the State, disaggregated by
provider type, race and ethnicity of provider, and geographic
area;
(3) information stating the lead agency's methodology for
determining the amounts of subgrants under section 207(a)(2);
(4) the average and range of the subgrant amounts made
available by the lead agency, disaggregated by provider type,
race and ethnicity of provider, and geographic area;
(5) the percentages, of the eligible child care providers
that received such a subgrant, that--
(A) provided child care services during
nontraditional or extended hours;
(B) served dual language learners, children with
disabilities, children experiencing homelessness,
children in foster care, children from low-income
families, or infants and toddlers;
(C) served children whose families received
subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) or under
title I, as applicable, for the child care services;
(D) operated in communities described in section
208(a)(5); and
(E) are concerns or organizations described in
section 208(a)(6);
(6) the enrollment capacity of and average monthly
attendance of children (by age) served by the eligible child
care providers that received a subgrant;
(7) the average family tuition for an eligible child care
provider that received such a subgrant, disaggregated by--
(A) age of the child served; and
(B) provider type;
(8) the average wages (including salaries), or similar
compensation specified in section 210(a)(1)(A) of staff of
eligible child care providers that received such a subgrant,
disaggregated by provider type;
(9) the percentages, of the eligible child care providers
that received such a subgrant, for each of the provider types;
(10) information about how the eligible child care
providers used the funds received under such a subgrant,
including how funds were used for child care personnel costs;
(11) information about how the lead agency used funds
reserved under section 207(a)(1); and
(12) a description of how the lead agency publicized the
availability of the subgrants, including through making
applications and materials available in multiple languages, and
provided technical assistance and support to ensure all
provider types were able to apply for and access the subgrants.
(b) Reports to Congress.--The Secretary shall--
(1) submit an annual report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and
the Workforce and the Committee on Appropriations of the House
of Representatives, summarizing the findings from the reports
received under subsection (a); and
(2) make such report publicly available on the website of
the Department of Health and Human Services.
SEC. 212. SUPPLEMENT NOT SUPPLANT.
Amounts made available to carry out this title shall be used to
supplement and not supplant other Federal, State, and local public
funds expended to provide child care services for eligible individuals.
SEC. 213. APPROPRIATIONS.
In addition to amounts otherwise available, there is appropriated
to the Department of Health and Human Services, out of any money in the
Treasury not otherwise appropriated to carry out this title,
$9,000,000,000 for each of fiscal years 2024 through 2029.
TITLE III--UNIVERSAL PRESCHOOL
SEC. 301. DEFINITIONS.
In this section:
(1) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(2) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(3) Comprehensive services.--The term ``comprehensive
services'' means services that are provided to children and
their families, and that are health, educational, nutritional,
social, and other services that are determined, based on family
needs assessments, to be necessary, within the meaning of
section 636 of the Head Start Act (42 U.S.C. 9831).
(4) Dual language learner.--The term ``dual language
learner'' means a child who is learning 2 or more languages at
the same time, or a child who is learning a second language
while continuing to develop the child's first language.
(5) Eligible child.--The term ``eligible child'' means a
child who is age 3 or 4, on the date established by the
applicable local educational agency for kindergarten entry.
(6) Eligible provider.--The term ``eligible provider''
means--
(A) a local educational agency, acting alone or in
a consortium or in collaboration with an educational
service agency (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), that is licensed by the State or meets
comparable health and safety standards;
(B) a Head Start agency or delegate agency funded
under the Head Start Act (42 U.S.C. 9831 et seq.);
(C) a licensed center-based child care provider,
licensed family child care provider, or network of
licensed family child care providers; or
(D) a consortium of entities described in any of
subparagraphs (A), (B), and (C).
(7) Head start agency.--The term ``Head Start agency'', as
used in paragraph (6)(B), or section 303(e)(4) or 306(a), means
an entity designated as a Head Start agency under section
641(a)(1) of the Head Start Act (42 U.S.C. 9836(a)(1)) or as an
Early Head Start agency (by receiving a grant) under section
645A(a) of such Act (42 U.S.C. 9840a(a)).
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Poverty line.--The term ``poverty line'' means the
poverty line defined and revised as described in section 673 of
the Community Services Block Grant Act (42 U.S.C. 9902).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(12) State.--The term ``State'' means each of the several
States and the District of Columbia.
(13) Territory.--The term ``territory'' means each of the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term ``tribal organization'' in
section 658P of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858n).
SEC. 302. UNIVERSAL PRESCHOOL.
(a) Appropriations for States.--In addition to amounts otherwise
available, there is appropriated to the Department of Health and Human
Services, out of any money in the Treasury not otherwise appropriated,
such sums as may be necessary for each of fiscal years 2024 through
2029, for payments to States, for carrying out this title (except
provisions and activities covered by subsection (b)).
(b) Additional Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of Health and Human
Services for fiscal year 2024, out of any money in the Treasury not
otherwise appropriated--
(1) $2,500,000,000, to remain available until September 30,
2029, for carrying out payments to Indian Tribes and Tribal
organizations for activities described in this title;
(2) $1,250,000,000, to remain available until September 30,
2029, for carrying out payments to the territories, to be
distributed among the territories on the basis of their
relative need, as determined by the Secretary in accordance
with the objectives of this title, for activities described in
this title;
(3) $300,000,000, to remain available until September 30,
2029, for carrying out payments to eligible local entities that
serve children in families who are engaged in migrant or
seasonal agricultural labor, for activities described in this
title;
(4) $995,000,000, to remain available until September 30,
2029, for carrying out Federal activities to support the
activities funded under this title, including administration,
monitoring, technical assistance, and research, in fiscal years
2024 through 2029; and
(5) $20,000,000,000, to remain available until September
30, 2029, to carry out the program of grants to localities
described in subsections (b) and (c) of section 306.
SEC. 303. PAYMENTS FOR STATE UNIVERSAL PRESCHOOL SERVICES.
(a) In General.--A State that has submitted, and had approved by
the Secretary in collaboration with the Secretary of Education, the
State plan described in subsection (e) is entitled to a payment under
this section.
(b) Payments for Fiscal Years 2024 Through 2029.--
(1) Preschool services.--For each of fiscal years 2024
through 2029, the Secretary shall pay to each State with an
approved State plan under subsection (e), an amount for that
year equal to--
(A) 90 percent of the State's expenditures in the
year for preschool services provided under section 304,
for fiscal year 2024;
(B) 90 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2025;
(C) 80 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2026;
(D) 75 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2027;
(E) 65 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2028;
and
(F) 60 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2029.
(2) State activities.--The Secretary shall pay to each
State with an approved State plan under subsection (e) an
amount for a fiscal year equal to 50 percent of the amount of
the State's expenditures for the activities described in
subsection (c), and system-wide activities similar to those
described in subsection (c) for the State's entire birth
through 5 year old early childhood system, except that in no
case shall a payment for a fiscal year under this paragraph
exceed the amount equal to 10 percent of the State's
expenditures described in paragraph (1) for such fiscal year.
(3) Non-federal share.--The remainder of the cost paid by
the State for preschool services, that is not provided under
paragraph (1), shall be considered the non-Federal share of the
cost of those services. The remainder of the cost paid by the
State for State activities, that is not provided under
paragraph (2), shall be considered the non-Federal share of the
cost of those activities.
(4) Advance payment; retrospective adjustment.--The
Secretary shall make a payment under paragraph (1) or (2) for a
year on the basis of advance estimates of expenditures
submitted by the State and such other investigation as the
Secretary may find necessary, and shall reduce or increase the
payment as necessary to adjust for any overpayment or
underpayment for a previous year.
(c) State Activities.--A State that receives a payment under
subsection (b) shall carry out all of the following activities:
(1) State administration of the State preschool program
described in this section.
(2) Supporting a continuous quality improvement system for
providers of preschool services participating, or seeking to
participate, in the State preschool program, through the use of
data, research, monitoring, training, technical assistance,
professional development, and coaching.
(3) Providing outreach and enrollment support for families
of eligible children.
(4) Supporting data systems building.
(5) Supporting staff of eligible providers through
professional development and coaching, and supporting staff in
pursuing credentials and degrees, including baccalaureate
degrees.
(6) Supporting activities that ensure access to inclusive
preschool programs for children with disabilities.
(7) Providing age-appropriate transportation services for
children, which at a minimum shall include transportation
services for children experiencing homelessness and children in
foster care.
(8) Conducting or updating a statewide needs assessment of
access to high-quality preschool services.
(d) Lead Agency.--The Governor of a State desiring for the State to
receive a payment under this section shall designate a lead agency
(such as a State agency or joint interagency office) for the
administration of the State's preschool program under this section.
(e) State Plan.--In order to be eligible for payments under this
section, the Governor of a State shall submit a State plan to the
Secretary for approval by the Secretary, in collaboration with the
Secretary of Education, at such time, in such manner, and containing
such information as the Secretary shall by rule require, that includes
a plan for achieving universal, high-quality, free, inclusive, and
mixed-delivery preschool services. Such plan shall include, at a
minimum, each of the following:
(1) A certification that--
(A) the State has in place, or will have in place
no later than 1 year after the State first receives
funding under this section, developmentally
appropriate, evidence-based preschool education
standards that, at a minimum, are as rigorous as the
standards specified in subparagraph (B) of section
641A(a)(1) of the Head Start Act (42 U.S.C.
9836a(a)(1)) and include program standards for class
sizes and ratios; and
(B) the State will coordinate such standards with
other early learning standards in the State.
(2) An assurance that the State will ensure--
(A) all preschool services in the State funded
under this section will--
(i) be universally available to all
children in the State without any additional
eligibility requirements; and
(ii) be high-quality, free, and inclusive;
and
(B) that the local preschool programs in the State
funded under this section will--
(i) by not later than 18 months after the
program receives such funding, meet the State's
preschool education standards described in
paragraph (1);
(ii) offer programming that meets the
duration requirements of at least 1,020 annual
hours;
(iii) adopt policies and practices to
conduct outreach and provide expedited
enrollment, including prioritization, to--
(I) children experiencing
homelessness (which, in the case of a
child attending a program provided by
an eligible provider described in
section 301(6)(A), shall include
immediate enrollment for the child);
(II) children in foster care or
kinship care;
(III) children in families who are
engaged in migrant or seasonal
agricultural labor;
(IV) children with disabilities,
including eligible children who are
served under part C of the Individuals
with Disabilities Education Act (20
U.S.C. 1431 et seq.); and
(V) dual language learners;
(iv) provide for salaries, and set
schedules for salaries, for staff of providers
in the State preschool program, including staff
serving infants and toddlers employed by the
same provider, that are equivalent to salaries
of elementary school staff with similar
credentials and experience;
(v) at a minimum, provide a living wage for
all staff of such providers; and
(vi) require educational qualifications for
teachers in the preschool program including, at
a minimum, requiring that lead teachers in the
preschool program have a baccalaureate degree
in early childhood education or a related field
by not later than 6 years after the date on
which the State first receives funds under this
section, except that--
(I) subject to subclause (II), the
requirements under this clause shall
not apply to individuals who were
employed by an eligible provider or
early education program for a
cumulative 3 of the 5 years immediately
preceding the date of enactment of this
Act and have the necessary content
knowledge and teaching skills for early
childhood educators, as demonstrated
through measures determined by the
State; and
(II) nothing in this section shall
require the State to lessen State
requirements for educational
qualifications, in existence on the
date of enactment of this Act, to serve
as a teacher in a State preschool
program.
(3) For States with existing publicly funded State
preschool programs (as of the date of submission of the State
plan), a description of how the State plans to use funding
provided under this section to ensure that such existing
programs in the State meet the requirements of this title for a
State preschool program.
(4) A description of how the State, in establishing and
operating the State preschool program supported under this
section, will--
(A) support a mixed-delivery system for any new
slots funded under this section, including by
facilitating the participation of Head Start programs
and programs offered by licensed child care providers;
(B) ensure the State preschool program does not
disrupt the stability of infant and toddler child care
throughout the State;
(C) ensure adequate consultation with the State
Advisory Council on Early Childhood Education and Care
designated or established in section 642B(b)(1)(A)(i)
of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)) in
the development of its plan, including consultation in
how the State intends to distribute slots under
subparagraph (E);
(D) partner with Head Start agencies to ensure the
full utilization of Head Start programs within the
State; and
(E) distribute new preschool slots and resources
equitably among child care (including family child
care) providers, Head Start agencies, and schools
within the State.
(5) A certification that the State, in operating the
program described in this section for a fiscal year--
(A) will not reduce the total preschool slots
provided in State-funded preschool programs from the
number of such slots in the previous fiscal year; or
(B) if the number of eligible children identified
in the State declines from the previous fiscal year,
will maintain at least the previous year's ratio of the
total preschool slots described in subparagraph (A) to
eligible children so identified.
(6) An assurance that the State will use funding provided
under this section to ensure children with disabilities have
access to and participate in inclusive preschool programs
consistent with provisions in the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), and a description of
how the State will collaborate with entities carrying out
programs under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), to
support inclusive preschool programs.
(7) An assurance that the State will provide assistance
under this section only to eligible providers that prohibit the
use of suspension, expulsion, and aversive behavioral
interventions in the State preschool program described in this
section.
(8) An assurance that the State will coordinate services
provided under this title with services and supports provided
under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.), section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the
Preschool Development Grants program under section 9212 of the
Every Student Succeeds Act (Public Law 114-95), the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.), and the maternal, infant, and early childhood home
visiting programs under section 511 of the Social Security Act
(42 U.S.C. 711).
(9) A certification that the State will support the
continuous quality improvement of programs providing preschool
services under this title, including support through technical
assistance, monitoring, and research.
(10) A certification that the State will ensure a highly
qualified early childhood workforce to support the requirements
of this title.
(11) An assurance that the State will meet the requirements
of clauses (ii) and (iii) of section 658E(c)(2)(T) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)), with respect to funding and assessments under
this title.
(12) A certification that subgrant and contract amounts
provided as described in section 304 will be sufficient to
enable eligible providers to meet the requirements of this
title, and will provide for increased payment amounts based on
the criteria described in clauses (iv) and (v) of paragraph
(2)(B).
(13) An agreement to provide to the Secretary such periodic
reports, providing a detailed accounting of the uses of funding
received under this section, as the Secretary may require for
the administration of this section.
(f) Duration of the Plan.--Each State plan shall remain in effect
for a period of not more than 3 years. Amendments to the State plan
shall remain in effect for the duration of the plan.
SEC. 304. SUBGRANTS AND CONTRACTS FOR LOCAL PRESCHOOL PROGRAMS.
(a) Subgrants and Contracts.--
(1) In general.--A State that receives a payment under
section 303(b) for a fiscal year shall use amounts provided
through the payment to pay the costs of subgrants to, or
contracts with, eligible providers to operate universal, high-
quality, free, and inclusive preschool programs (which State-
funded programs may be referred to in this section as ``local
preschool programs'') through the State preschool program in
accordance with subsection (c). A State shall reduce or
increase the amounts provided under such subgrants or contracts
if needed to adjust for any overpayment or underpayment
described in section 303(b)(4).
(2) Amount.--A State shall award a subgrant or contract
under this section in a sufficient amount to enable the
eligible provider to operate a local preschool program that
meets the requirements of section 303(e)(2), which amount shall
reflect variations in the cost of preschool services by
geographic area, type of provider, and age of child, and the
additional costs associated with providing inclusive preschool
services for children with disabilities.
(3) Duration.--The State shall award a subgrant or contract
under this section for a period of not less than 3 years,
unless the subgrant or contract is terminated or suspended, or
the subgrant period is reduced, for cause.
(b) Enhanced Payments for Comprehensive Services.--In awarding
subgrants or contracts under this subsection and in addition to meeting
the requirements of subsection (a)(2), the State shall award subgrants
or contracts with enhanced payments to eligible providers that offer
local preschool programs funded under this section to a high percentage
of low-income children to support comprehensive services.
(c) Establishing and Expanding Universal Preschool Programs.--
(1) Establishing and expanding universal preschool programs
in high-need communities.--In awarding subgrants or contracts
under this section, the State shall first prioritize
establishing and expanding universal local preschool programs
within and across high-need communities by awarding subgrants
or contracts to eligible providers operating within and across,
or with capacity to operate within and across, such high-need
communities. The State shall--
(A) use a research-based methodology approved by
the Secretary to identify such high-need communities,
as determined by--
(i) the rate of poverty in the community;
(ii) rates of access to high-quality
preschool within the community; and
(iii) other indicators of community need as
required by the Secretary; and
(B) distribute funding for preschool services under
this section within such a high-need community so that
a majority of children in the community are offered
such preschool services before the State establishes
and expands preschool services in communities with
lower levels of need.
(2) Use of funds.--Subgrants or contracts awarded under
paragraph (1) shall be used to enroll and serve children in
such a local preschool program involved, including by paying
the costs--
(A) of personnel (including classroom and
administrative personnel), including compensation and
benefits;
(B) associated with implementing the State's
preschool standards, providing curriculum supports, and
meeting early learning and development standards;
(C) of professional development, teacher supports,
and training;
(D) of implementing and meeting developmentally
appropriate health and safety standards (including
licensure, where applicable), teacher to child ratios,
and group size maximums;
(E) of materials, equipment, and supplies; and
(F) of rent or a mortgage, utilities, building
security, indoor and outdoor maintenance, and
insurance.
(d) Establishing and Expanding Universal Preschool Programs in
Additional Communities.--Once a State that receives a payment under
section 303(b) meets the requirements of subsection (c) with respect to
establishing and expanding local preschool programs within and across
high-need communities, the State shall use funds from such payment to
enroll and serve children in local preschool programs, as described in
such subsection, in additional communities in accordance with the
metrics described in subsection (c)(1)(A). Such funds shall be used for
the activities described in subparagraphs (A) through (F) of subsection
(c)(2).
SEC. 305. PAYMENTS FOR UNIVERSAL PRESCHOOL SERVICES TO INDIAN TRIBES
AND TERRITORIES.
(a) Indian Tribes and Tribal Organizations.--
(1) In general.--For each of fiscal years 2024 through
2029, from the amount appropriated for Indian Tribes and Tribal
organizations under section 302(b)(1), the Secretary shall make
payments to Indian Tribes and Tribal organizations with an
application approved under paragraph (2), and the Tribes and
Tribal organizations shall be entitled to such payments for the
purpose of carrying out the preschool program described in this
title, consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(2) Applications.--An Indian Tribe or Tribal organization
seeking a payment under this subsection shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may specify.
(b) Territories.--
(1) In general.--For each of fiscal years 2024 through
2029, from the amount appropriated for territories under
section 302(b)(2), the Secretary shall make payments to the
territories with an application approved under paragraph (2),
and the territories shall be entitled to such payments, for the
purpose of carrying out the preschool program described in this
title, consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(2) Applications.--A territory seeking a payment under this
subsection shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may specify.
(c) Lead Agency.--The head of an Indian Tribe or territory desiring
for the Indian Tribe or a related Tribal organization, or territory, to
receive a payment under this section shall designate a lead agency
(such as a tribal or territorial agency or joint interagency office)
for the administration of the preschool program of the Indian Tribe or
territory, under this section.
SEC. 306. GRANTS TO LOCALITIES AND HEAD START EXPANSION IN
NONPARTICIPATING STATES.
(a) Eligible Locality Defined.--In this section, the term
``eligible locality'' means a city, county, or other unit of general
local government, a local educational agency, or a Head Start agency.
(b) Grants to Localities.--
(1) In general.--The Secretary, in consultation with the
Secretary of Education, shall use funds reserved in section
302(b)(5) to award local universal preschool grants, as
determined by the Secretary of Health and Human Services, to
eligible localities located in States that have not received
payments under section 303. The Secretary shall award the
grants to eligible localities in a State from the allotment
made for that State under paragraph (2). The Secretary shall
specify the requirements for an eligible locality to conduct a
preschool program under this section which shall, to the
greatest extent practicable, be consistent with the
requirements applicable to States under this title, for a
universal, high-quality, free, and inclusive preschool program.
(2) Allotments.--For each State described in paragraph (1),
the Secretary shall allot for the State for a fiscal year an
amount that bears the same relationship to the funds
appropriated under section 302(b)(5) for the fiscal year as the
number of children from families with family incomes at or
below 200 percent of the poverty line, and who are under the
age of 6, in the State bears to the total number of all such
children in all States described in paragraph (1).
(3) Application.--To receive a grant from the corresponding
State allotment under this section, an eligible locality shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. The requirements for the application shall, to the
greatest extent practicable, be consistent with the State plan
requirements applicable to States under this title.
(c) Head Start Expansion in Nonparticipating States.--
(1) In general.--The Secretary shall use funds appropriated
under section 302(b)(5), to make awards to Head Start agencies
in a State described in subsection (b)(1) to carry out the
purposes of the Head Start Act (42 U.S.C. 9831 et seq.) in such
State.
(2) Rule.--For purposes of carrying out the Head Start Act
in circumstances not involving awards under this subsection,
funds awarded under paragraph (1) shall not be included in the
calculation of a ``base grant'' as such term is defined in
section 640(a)(7)(A) of the Head Start Act (42 U.S.C.
9835(a)(7)(A)).
(3) Definition.--In this subsection, the term ``Head Start
agency'' means an entity designated or eligible to be
designated as a Head Start agency under section 641(a)(1) of
the Head Start Act (42 U.S.C. 9836(a)(1)) or as an Early Head
Start agency (by receiving a grant) under section 645A(a) of
such Act (42 U.S.C. 9840a(a)).
(d) Priority for Serving Underserved Communities.--In making
determinations to award a grant or make an award under this section,
the Secretary shall give priority to entities serving communities with
a high percentage of children from families with family incomes at or
below 200 percent of the poverty line.
SEC. 307. ALLOWABLE SOURCES OF NON-FEDERAL SHARE.
For purposes of calculating the amount of the non-Federal share, as
determined under section 303(b)(3), relating to a payment under section
303(b), a State's non-Federal share--
(1) may be in cash or in kind, fairly evaluated, including
facilities or property, equipment, or services;
(2) shall include any increase in amounts spent by the
State to expand half-day kindergarten programs in the State, as
of the day before the date of enactment of this Act, into full
day kindergarten programs;
(3) shall not include contributions being used as a non-
Federal share or match for another Federal award;
(4) shall be provided from State or local sources,
contributions from philanthropy or other private organizations,
or a combination of such sources and contributions; and
(5) shall count not more than 100 percent of the State's
current spending on prekindergarten programs, calculated as the
average amount of such spending by the State for fiscal years
2021, 2022, and 2023, toward the State's non-Federal share.
SEC. 308. MAINTENANCE OF EFFORT.
(a) In General.--If a State reduces its combined fiscal effort per
child for the State preschool program (whether a publicly funded
preschool program or a program under this title) or through State
supplemental assistance funds for Head Start programs assisted under
the Head Start Act, or through any State spending on early childhood
programs or preschool services for any fiscal year that a State
receives payments under section 303(b) (referred to in this paragraph
as the ``reduction fiscal year'') relative to the previous fiscal year,
the Secretary, in collaboration with the Secretary of Education, shall
reduce support for such State under such subsection by the same amount
as the total reduction in that State fiscal effort for such reduction
fiscal year.
(b) Waiver.--The Secretary, in collaboration with the Secretary of
Education, may waive the requirements of subsection (a) if--
(1) the Secretaries determine that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship, or a natural disaster, that has necessitated across-
the-board reductions in State services during the 5-year period
preceding the date of the determination, including for early
childhood education programs; or
(2) due to the circumstance of a State requiring reductions
in specific programs, including early childhood education
programs, the State presents to the Secretaries a justification
and demonstration why other programs could not be reduced and
how early childhood education programs in the State will not be
disproportionately harmed by such State reductions.
SEC. 309. SUPPLEMENT NOT SUPPLANT.
Funds received under this title shall be used to supplement and not
supplant other Federal, State, and local public funds expended on
prekindergarten programs in the State on the date of enactment of this
Act, calculated as the average amount of such Federal, State, and local
public funds expended for fiscal years 2021, 2022, and 2023.
SEC. 310. NONDISCRIMINATION PROVISIONS.
The following provisions of law shall apply to any program or
activity that receives funds provided under this title:
(1) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.).
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(3) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(4) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 311. MONITORING AND ENFORCEMENT.
(a) Review of Compliance With Requirements and State Plan.--The
Secretary shall review and monitor compliance of States, territories,
Tribal entities, and local entities with this title and State
compliance with the State plan described in section 303(e), including a
process for progress updates on the requirements described in section
303(e)(1).
(b) Issuance of Rule.--The Secretary shall establish by rule
procedures for--
(1) receiving, processing, and determining the validity of
complaints or findings concerning any failure of a State to
comply with the State plan or any other requirement of this
title;
(2) notifying a State when the Secretary has determined
there has been a failure by the State to comply with a
requirement of this title; and
(3) imposing sanctions under this section for such a
failure.
SEC. 312. REPORTING.
(a) In General.--Each State that receives a payment under section
303 shall prepare an annual report, in such manner and containing such
information as the Secretary of Health and Human Services may
reasonably require.
(b) Contents.--A report prepared under subparagraph (a) shall
contain, at a minimum--
(1) a description of the manner in which the State has used
the funds made available through the payment and a report of
the expenditures made with the funds;
(2) a summary of the State's progress toward providing
access to high-quality preschool programs for eligible
children;
(3) the number and percentage of children in the State
participating in eligible preschool programs, disaggregated by
race, ethnicity, family income, child age, disability, and
whether the children are homeless children, children in foster
care, or dual language learners;
(4) data on the number and percentage of children in the
State participating in public kindergarten programs,
disaggregated by race, family income, child age, disability,
and whether the children are homeless children, children in
foster care, or dual language learners, with information on
whether such programs are offered--
(A) for a full day; and
(B) at no cost to families;
(5) data on the kindergarten readiness of children across
the State;
(6) data on recruitment and retention of early childhood
staff disaggregated by provider type, and age of children
served; and
(7) data regarding coordination efforts with other child
care and early childhood education programs, including those
funded under the Head Start Act (42 U.S.C. 9831 et seq.).
TITLE IV--HEAD START EXTENDED DURATION
SEC. 401. EXTENDED DURATION.
(a) In General.--The Head Start Act (42 U.S.C. 9801 et seq.) is
amended--
(1) by redesignating section 657C (42 U.S.C. 9852c) as
section 657D; and
(2) by inserting after section 657B (42 U.S.C. 9852b) the
following:
``SEC. 657C. EXTENDED DURATION.
``(a) In General.--The Secretary shall make grants to Head Start
agencies (including Early Head Start agencies) funded under this
subchapter to enable such agencies--
``(1) to provide access to a full school year and a full
school day of services;
``(2) in the case of a migrant and seasonal Head Start
agency, to provide access to additional service hours to ensure
continuous Head Start services as determined by the Secretary;
or
``(3) in the case of a Head Start agency (including an
Early Head Start agency) that already meets the full-day, full-
year services needs within its community, to enhance the
quality of Head Start services (including Early Head Start
services) provided to children served by such agency.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a Head Start agency shall submit an application
at such time and in such manner as the Secretary may require.
Such application shall include--
``(A) evidence of--
``(i) the number and percentage of slots--
``(I) in the agency's Head Start
center-based programs (that are not
Early Head Start programs)--
``(aa) that are currently
funded (as of the date of
submission of the application);
and
``(bb) in which services
are provided for at least the
equivalent of 1,020 hours per
year; and
``(II) in the agency's Early Head
Start center-based programs--
``(aa) that are currently
funded (as of that date); and
``(bb) in which services
are provided for at least the
equivalent of 1,380 hours per
year; and
``(ii) the number and percentage of slots,
in the agency's Head Start family child care
programs--
``(I) that are currently funded (as
of that date); and
``(II) in which services are
provided for at least the equivalent of
1380 hours per year;
``(B) a description of an approach, using the
current community-wide strategic planning and needs
assessment described in section 640(g)(1)(C) and
current program schedule (current as of the date of
submission of the application), that transitions all of
the agency's Head Start programs to a full school day,
full school year program schedule; and
``(C) a budget justification that estimates the
supplemental funding necessary to provide for
incremental ongoing operating costs for the extended
hours of service under such a program schedule for the
current enrollment in the agency's Head Start programs.
``(2) Exceptions.--
``(A) Migrant and seasonal head start.--
``(i) In general.--A migrant and seasonal
Head Start agency may apply for a grant
described in subsection (a) without meeting the
requirements specified in paragraph (1) to
ensure continuous Head Start services are
provided to children enrolled in a migrant and
seasonal Head Start program. To be eligible to
receive the grant, the agency shall submit an
application at such time and in such manner as
the Secretary may require.
``(ii) Priority.--In making grants to
applicants described in clause (i), the
Secretary shall give priority to a migrant and
seasonal Head Start agency operating for fewer
than 8 months per year.
``(B) Full-day, full-year head start agencies.--
``(i) In general.--A Head Start agency
(including an Early Head Start agency) that
certifies to the Secretary that it is meeting
the full-day, full-year need within its
community may apply for a grant to enhance the
quality of services provided to children
enrolled in its Head Start program (including
its Early Head Start program) in accordance
with subsection (c)(2).
``(ii) Application.--A Head Start agency
(including Early Head Start agency) that meets
the requirements of clause (i) shall submit an
application, which shall include--
``(I) the proposed uses of funds in
accordance with subsection (c)(2); and
``(II) how such uses of funds
relate to the community-wide strategic
planning and needs assessment described
under section 640(g)(1)(C).
``(c) Use of Funds.--
``(1) Extended duration.--A Head Start agency that meets
the requirements of paragraph (1) or (2) of subsection (a)
receiving a grant under this section shall use the grant funds
to cover the costs associated with extending those hours of
service for the current enrollment, such as additional costs
for--
``(A) the purchase, rental, renovation, and
maintenance of additional facilities;
``(B) ongoing purchases of classroom supplies;
``(C) staff providing services during the extended
hours; and
``(D) professional development to staff
transitioning to providing services during the extended
hours.
``(2) Enhancing program quality.--A Head Start agency
(including an Early Head Start agency) that meets the
requirements of subsection (a)(3) shall use funds for the
activities authorized under section 640(a)(5)(B).
``(3) Exception.--The Head Start agency shall not use the
grant funds to expand the number of children served in the Head
Start program (including the Early Head Start program) of the
agency.
``(d) Reservations.--
``(1) Activities.--From the total amount appropriated to
carry out this section, the Secretary shall--
``(A) for making grants for the activities
described in subsection (c)(1)(A), reserve
$4,000,000,000 of the funds appropriated for fiscal
year 2024; and
``(B) for making grants for the activities
described in any of subparagraphs (B) through (D) of
subsection (c)(1), reserve--
``(i) $833,000,000 of the funds
appropriated for fiscal year 2024;
``(ii) $852,000,000 of the funds
appropriated for fiscal year 2025; and
``(iii) $872,000,000 of the funds
appropriated for fiscal year 2026.
``(2) Priority.--The Secretary shall prioritize Head Start
agencies (including Early Head Start agencies) that are
applying to use funds to carry out the activities described in
subsection (a)(1).
``(3) Migrant or seasonal head start programs.--From the
amount appropriated to carry out this section for a fiscal year
and reserved under paragraph (1)(B), the Secretary shall
reserve 4.5 percent for migrant or seasonal Head Start
programs.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $4,833,000,000 for fiscal year 2024;
``(2) $852,000,000 for fiscal year 2025; and
``(3) $872,000,000 for fiscal year 2026.
``(f) Definitions.--In this section:
``(1) Full school day; full school year.--The terms `full
school day' and `full school year' mean such a day and year,
respectively, within the meaning of the Head Start Program
Performance standards issued under section 641A(a).
``(2) Migrant and seasonal head start agency.--The term
`migrant and seasonal Head Start agency' means an agency that
is funded under this subchapter to provide a migrant and
seasonal Head Start program.''.
(b) Conforming Amendments.--Section 640 of the Head Start Act (42
U.S.C. 9835) is amended--
(1) in subsection (a)(6), by striking ``appropriated under
this subchapter'' each place it appears and inserting
``appropriated under section 639''; and
(2) in subsection (g)(3)(A)--
(A) by striking ``amount appropriated'' each place
it appears and inserting ``amount appropriated under
section 639'';
(B) by striking ``services provided under this
subchapter'' and inserting ``services provided under
this subchapter (other than section 657C)''; and
(C) by striking ``agency under this subchapter''
and inserting ``agency under this subchapter (other
than section 657C)''.
SEC. 402. APPROPRIATION FOR WAGES.
(a) Appropriation.--There is authorized to be appropriated, and
there is appropriated, out of any funds in the Treasury not otherwise
appropriated, $2,700,000,000 for fiscal year 2024 and each subsequent
fiscal year, to carry out subsection (b).
(b) Use of Funds.--Using funds made available under subsection (a),
the Secretary of Health and Human Services shall assist Head Start
agencies (including Early Head Start agencies) funded under the Head
Start Act (42 U.S.C. 9831 et seq.), to the extent needed to ensure that
their teachers and staff--
(1) receive wages that are comparable to wages for
elementary educators with similar credentials and experience in
the State; or
(2) at a minimum, receive a living wage.
(c) Application.--In carrying out subsection (b), the Secretary
shall apply the Head Start Act, except to the extent that subsection
(b) is inconsistent with that Act.
<all>
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118S1355 | PASTEUR Act of 2023 | [
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
],
[
"H000273"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1355 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1355
To establish a program to develop antimicrobial innovations targeting
the most challenging pathogens and most threatening infections, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Bennet (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 establish a program to develop antimicrobial innovations targeting
the most challenging pathogens and most threatening infections, and for
other 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 ``Pioneering Antimicrobial
Subscriptions To End Upsurging Resistance Act of 2023'' or the
``PASTEUR Act of 2023''.
SEC. 2. DEVELOPING ANTIMICROBIAL INNOVATIONS.
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--DEVELOPING ANTIMICROBIAL INNOVATIONS
``SEC. 399OO. ESTABLISHMENT OF COMMITTEE; SUBSCRIPTION MODEL; ADVISORY
GROUP.
``(a) In General.--Not later than 60 days after the date of
enactment of this part, the Secretary shall establish a Committee on
Critical Need Antimicrobials and appoint members to the Committee.
``(b) Members.--
``(1) In general.--The Committee shall consist of at least
one representative from each of the National Institute of
Allergy and Infectious Diseases, the Centers for Disease
Control and Prevention, the Biomedical Advanced Research and
Development Authority, the Food and Drug Administration, the
Centers for Medicare & Medicaid Services, the Veterans Health
Administration, and the Department of Defense.
``(2) Chair.--The Secretary shall appoint as the Chair of
the Committee a non-voting, independent member who may not be a
member of the Committee or from an organization represented
under paragraph (1).
``(3) Consultation.--The Secretary shall consult with the
Under Secretary of Veterans Affairs for Health and Secretary of
Defense when appointing members from the Veterans Health
Administration and the Department of Defense.
``(c) Duties.--Not later than 1 year after the appointment of all
initial members of the Committee, the Secretary, in collaboration with
the Committee, and in consultation with the Critical Need
Antimicrobials Advisory Group established under subsection (g), shall
do the following:
``(1) Develop a list of infections for which new
antimicrobial drug development is needed, taking into account
organisms, sites of infection, and type of infections for which
there is an unmet medical need, findings from the most recent
report entitled `Antibiotic Resistance Threats in the United
States' issued by the Centers for Disease Control and
Prevention, or an anticipated unmet medical need, including a
potential global health security threat. For the list developed
under this paragraph, the Secretary, in collaboration with the
Committee, may use the infection list in such most recent
Antibiotic Resistance Threats in the United States report for
up to 3 years following the date of enactment of this part and
subsequently update the list under this paragraph in accordance
with subsection (e).
``(2) Develop regulations, for purposes of subsection (d),
outlining favored characteristics of critical need
antimicrobial drugs, that are evidence based, clinically
focused, and designed to treat the infections described in
paragraph (1), and establishing criteria for how each such
characteristic or combinations of multiple characteristics will
adjust the monetary value of a subscription contract awarded
under subsection (f) or section 399OO-2. The favored
characteristics shall be weighed for purposes of such monetary
value of the subscription contract such that meeting certain
characteristics, or meeting more than one such characteristic,
increases the monetary value of the subscription contract. Such
favored characteristics of an antimicrobial drug shall
include--
``(A) treating infections on the list under
paragraph (1);
``(B) improving clinical outcomes for patients with
multi-drug-resistant infections;
``(C) being a first-approved antimicrobial drug
that has the potential to address, or has the evidence
of addressing, unmet medical needs for the treatment of
a serious or life-threatening infection, and, to a
lesser extent, second and third drugs that treat such
infections;
``(D) route of administration, especially through
oral administration;
``(E)(i) containing no active moiety (as defined by
the Secretary in section 314.3 of title 21, Code of
Federal Regulations (or any successor regulations))
that has been approved in any other application under
section 505(b) of the Federal Food, Drug, and Cosmetic
Act or intending to be the subject of a new biological
product license application under section 351(a);
``(ii) being a member of a new class of drugs with
a novel target or novel mode of action that are
distinctly different from the target or mode of any
antimicrobial drug approved under section 505 of such
Act or licensed under section 351, including reduced
toxicity; or
``(iii) not being affected by cross-resistance to
any antimicrobial drug approved under such section 505
or licensed under such section 351;
``(F) addressing a multi-drug resistant infection
through a novel chemical scaffold or mechanism of
action;
``(G) having received a transitional subscription
contract under subsection (f); and
``(H) any other characteristic the Committee or the
Critical Need Antimicrobial Advisory Group established
under subsection (g) determines necessary.
``(d) Regulations.--
``(1) In general.--Not later than 18 months after the
appointment of the initial members of the Committee, the
Secretary shall issue proposed regulations which shall
include--
``(A) a process by which the sponsors can apply for
an antimicrobial drug to become a critical need
antimicrobial drug under section 399OO-1;
``(B) how subscription contracts under section
399OO-2 shall be established and paid;
``(C) the favored characteristics under subsection
(c)(2), how such characteristics will be weighed, and
the minimum number and kind of favored characteristics
needed for an antimicrobial drug to be designated a
critical need antimicrobial drug; and
``(D) other elements of the subscription contract
process, in accordance with this part.
``(2) Development of final regulations.--Before finalizing
the regulations under paragraph (1), the Secretary shall
solicit public comment and hold public meetings for the period
beginning on the date on which the proposed regulations are
issued and ending on the date that is 150 days after such date
of issuance. The Secretary shall finalize and publish such
regulations not later than 150 days after the close of such
period of public comment and meetings.
``(3) Committee recommendations.--In issuing regulations
under this subsection, the Secretary shall consider the
recommendations of the Committee under subsection (c)(2).
``(e) List of Infections.--The Secretary, in collaboration with the
Committee, shall update the list of infections under subsection (c)(1)
at least every 2 years following the development of the initial list
under that subsection.
``(f) Transitional Subscription Contracts.--
``(1) In general.--Not earlier than 30 days after the date
of enactment of this part and ending on the date that the
Secretary finalizes the regulations under subsection (d), the
Secretary may use up to 10 percent of the amount appropriated
under section 399OO-4(a) to engage in transitional subscription
contracts of up to 5 years in length with antimicrobial
developers, as determined by the Secretary, that have developed
antimicrobial drugs treating infections listed in the most
recent report entitled `Antibiotic Resistance Threats in the
United States' issued by the Centers for Disease Control and
Prevention, and may include antimicrobial drugs that are
qualified infectious disease products (as defined in section
505E(g) of the Federal Food, Drug, and Cosmetic Act),
innovative biological products, or innovative drugs that
achieve improved clinical outcomes. Such a contract may
authorize the contractor to use funds made available under the
contract for completion of postmarketing clinical studies,
manufacturing, and other preclinical and clinical efforts.
``(2) Requirements.--
``(A) In general.--The Secretary, through the
office described in paragraph (4), may enter into a
contract under paragraph (1)--
``(i) if the Secretary determines that the
antimicrobial drug is intended to treat an
infection for which there is an unmet clinical
need, an anticipated clinical need, or drug
resistance;
``(ii) subject to terms including--
``(I) that the Secretary shall
cease any payment installments under a
transitional subscription contract if
the sponsor does not--
``(aa) ensure commercial
availability of the
antimicrobial drug within 30
days of receiving first payment
under the contract;
``(bb) identify, track, and
publicly report drug resistance
data, and trends using
available data related to the
antimicrobial drug;
``(cc) develop and
implement education and
communications strategies,
including communications for
individuals with limited
English proficiency and
individuals with disabilities,
for health care professionals
and patients about appropriate
use of the antimicrobial drug;
``(dd) submit a plan for
registering the antimicrobial
drug in additional countries
where an unmet medical need
exists, which such plan may be
consistent with the Stewardship
and Access Plan (SAP)
Development Guide (2021);
``(ee) subject to
subparagraph (B), ensure a
reliable drug supply chain,
thus leading to an interruption
of the supply of the
antimicrobial drug in the
United States for more than 60
days; or
``(ff) make meaningful
progress toward completion of
Food and Drug Administration-
required postmarketing studies,
including such studies that are
evidence based; and
``(II) other terms as determined by
the Secretary; and
``(iii) if--
``(I) a phase 3 clinical study has
been initiated for the antimicrobial
drug; or
``(II) the antimicrobial drug has
been approved under section 505(c) of
the Federal Food, Drug, and Cosmetic
Act or licensed under section 351(a).
``(B) Waiver.--The requirement under subparagraph
(A)(ii)(I)(ee) may be waived in the case that an
emergency prohibits access to a reliable drug supply
chain.
``(3) Transitional guidance.--Not later than 120 days after
the appointment of the initial members of the Committee, the
Secretary shall issue, in consultation with the Committee,
transitional guidance outlining the characteristics of
antimicrobial drugs that are eligible for transitional
subscription contracts under paragraph (1), the requirements to
enter into a transitional subscription contract under paragraph
(2), and the process by which drug developers can enter into
transitional subscription contracts with the Secretary under
this subsection.
``(4) Payment office and mechanism.--Not later than 30 days
after the date of enactment of this part, the Secretary shall
establish within the Administration for Strategic Preparedness
and Response an office to manage the transitional subscription
contracts, including eligibility, requirements, and contract
amounts, during the period described in paragraph (1).
``(g) Critical Need Antimicrobial Advisory Group.--
``(1) In general.--Not later than 30 days after the
appointment of all initial members of the Committee, the
Secretary, in collaboration with the Committee, shall establish
a Critical Need Antimicrobial Advisory Group (referred to in
this subsection as the `Advisory Group') and appoint members to
the Advisory Group.
``(2) Members.--The members of the Advisory Group shall
include--
``(A) not fewer than 6 individuals who are--
``(i) infectious disease specialists; or
``(ii) other health experts with expertise
in researching antimicrobial resistance, health
economics, or commercializing antimicrobial
drugs; and
``(B) not fewer than 5 patient advocates.
``(3) Chair.--The Secretary shall appoint as Chair of the
Advisory Group a non-voting, independent member who may not be
a member represented under paragraph (2).
``(4) Conflicts of interest.--In appointing members under
paragraph (2) and a Chair under paragraph (3), the Secretary
shall ensure that no member receives compensation in any manner
from a commercial or for-profit entity that develops
antimicrobials or that might benefit from antimicrobial
development.
``(5) Applicability of faca.--Except as otherwise provided
in this subsection, the Federal Advisory Committee Act shall
apply to the Advisory Group.
``SEC. 399OO-1. DESIGNATION OF ANTIMICROBIAL DRUG AS CRITICAL NEED
ANTIMICROBIAL DRUG.
``(a) In General.--
``(1) Submission of request.--The sponsor of an application
under section 505(b) of the Federal Food, Drug, and Cosmetic
Act or section 351(a) for an antimicrobial drug may request
that the Secretary designate the drug as a critical need
antimicrobial. A request for such designation may be submitted
after the Secretary grants for such drug an investigational new
drug exemption under section 505(i) of the Federal Food, Drug,
and Cosmetic Act or section 351(a)(3), and shall be submitted
not later than 5 years after the date of approval under section
505(c) of the Federal Food, Drug, and Cosmetic Act or licensure
under section 351(a).
``(2) Content of request.--A request under paragraph (1)
shall include information, such as clinical, preclinical, and
postmarketing data, a list of the favorable characteristics
described in section 399OO(c)(2), and any other material that
the Secretary in consultation with the Committee requires.
``(3) Review by secretary.--The Secretary shall promptly
review all requests for designation submitted under this
subsection, assess all required application components, and
determine if the antimicrobial drug is likely to meet the
favorable characteristics identified in the application upon
the completion of clinical development. After review, the
Secretary shall approve or deny each request for designation
not later than 90 days after receiving a request. If the
Secretary approves a request, it shall publish the value of the
contract that the critical need antimicrobial developer would
be eligible to receive if such developer successfully
demonstrates that the drug meets the maximum value of the
favored characteristics listed in the application.
``(4) Length of designation period.--A designation granted
under this section shall be in effect for a period of 10 years
after the date that the designation is approved, and shall
remain in effect for such period even if the infection treated
by such drug is later removed from the list of infections under
section 399OO(c)(1).
``(5) Subsequent reviews.--Not earlier than 2 years after a
designation approval or denial under paragraph (3), the sponsor
may request a subsequent review to re-evaluate the value of a
contract to include any new information.
``(b) Development of Designated Drugs.--If a critical need
antimicrobial designation is granted during clinical development of an
antimicrobial drug, the Secretary may work with the sponsor to maximize
the opportunity for the sponsor to successfully demonstrate that the
antimicrobial drug possesses the favored characteristics identified
under section 399OO(c)(2).
``(c) Appropriate Use of Critical Need Antimicrobial.--
``(1) In general.--The sponsor of an antimicrobial drug
that receives designation under subsection (a) shall, within 90
days of such designation, submit to the Secretary a plan for
appropriate use of diagnostics, in order for the Secretary and
Committee to consider such plan in developing clinical
guidelines. An appropriate use plan--
``(A) shall include--
``(i) the appropriate use of the drug; and
``(ii) the appropriate use of diagnostic
tools, where available, or a plan to coordinate
development of diagnostic tools as necessary;
and
``(B) may be developed in partnership with the
Secretary, infectious disease experts, diagnostic
experts or developers, laboratory experts, or another
entity.
``(2) Consultation.--The Secretary shall consult with
relevant professional societies and the Critical Need
Antimicrobial Advisory Group established under section 399OO(g)
to ensure that clinical guidelines issued by the Secretary
under paragraph (3), with respect to an antimicrobial drug
designated under subsection (a), includes the use of
appropriate diagnostic approaches, taking into consideration
the diagnostic plan submitted by a sponsor under paragraph (1).
``SEC. 399OO-2. ESTABLISHMENT OF SUBSCRIPTION CONTRACT OFFICE;
SUBSCRIPTION CONTRACTS.
``(a) Subscription Contract Office.--
``(1) In general.--Not later than 180 days after the date
of enactment of this part, the Secretary shall establish within
the Administration for Strategic Preparedness and Response an
office, to be known as the `Subscription Contract Office', the
head of which shall be the Director (referred to in this
section as the `Director').
``(2) Purpose.--The purpose of the Office established under
paragraph (1) shall be to manage the establishment and payment
of subscription contracts awarded under this section, including
eligibility, requirements, and contract amounts.
``(b) Application for a Subscription Contract.--
``(1) Submission of applications.--After approval under
section 505(c) of the Federal Food, Drug, and Cosmetic Act or
licensure under section 351(a), the sponsor of an antimicrobial
drug designated as a critical need antimicrobial under section
399OO-1 may submit an application for a subscription contract
to the Director, under a procedure established by the Director.
``(2) Review of applications.--The Director, in
consultation with the Committee, shall--
``(A) review all applications for subscription
contracts under paragraph (1) and assess all required
application components;
``(B) determine the extent to which the critical
need antimicrobial drug covered by the application
meets the favored characteristics identified under
section 399OO(c)(2); and
``(C) deny any application for a drug that does not
meet the minimum number and kind of favored
characteristics needed for the drug to be designated as
a critical need antimicrobial based on the regulations
issue under section 399OO(d).
``(c) Requirements.--As a condition of entering into a subscription
contract under this section, the sponsor of the critical need
antimicrobial drug covered by the application shall agree to--
``(1) ensure commercial availability of the antimicrobial
drug within 30 days of receiving first payment under the
contract, and sufficient supply for susceptibility device
manufacturers;
``(2) identify, track, and publicly report drug resistance
data, and trends using available data related to the
antimicrobial drug;
``(3) develop and implement education and communications
strategies, including communications for individuals with
limited English proficiency and individuals with disabilities,
for health care professionals and patients about appropriate
use of the antimicrobial drug;
``(4) submit an appropriate use assessment to the
Secretary, the Committee, the Administrator of the Food and
Drug Administration, and the Director of the Centers for
Disease Control and Prevention every 2 years regarding use of
the antimicrobial drug, including how the drug is being
marketed;
``(5) submit a plan for registering the drug in additional
countries where an unmet medical need exists;
``(6) ensure a reliable drug supply chain, where any
interruption to the supply chain will not last for more than 60
days in the United States;
``(7) complete any postmarketing studies required by the
Food and Drug Administration in a timely manner;
``(8) produce the drug at a reasonable volume determined
with the Director to ensure patient access to the drug;
``(9) abide by the manufacturing and environmental best
practices in the supply chain for the control of discharge of
antimicrobial active pharmaceutical ingredients to ensure
minimal discharge into, or contamination of, the environment by
antimicrobial agents or products as a result of the
manufacturing process; and
``(10) abide by such other terms as the Director may
require.
``(d) Monetary Value.--
``(1) In general.--The Director, in consultation with the
Committee, shall assign a monetary value to each subscription
contract under this section based on the regulations developed
under section 399OO(d).
``(2) Considerations.--In assigning a monetary value to a
subscription contract under paragraph (1), the Director shall
take into account the favored characteristic or combination of
favored characteristics of the drug covered by the contract, as
determined by the Director, in consultation with the Committee,
under subsection (b)(2)(B).
``(e) Amount of Contracts.--
``(1) In general.--A subscription contract under this
section shall be for the sale to the Secretary of any quantity
of the antimicrobial drug covered by the contract needed over
the term of the contract, at a price agreed on by the sponsor
and the Director, based on the monetary value assigned to the
contract under subsection (d).
``(2) Minimum and maximum amount.--The total projected
amount to be paid by the Director under a subscription contract
under this section shall be not less than $750,000,000 and not
more than $3,000,000,000, adjusted for inflation.
``(f) Term.--
``(1) Initial term.--The initial term of a subscription
contract under this section shall be--
``(A) not less than 5 years; and
``(B) not greater than the greater of--
``(i) 10 years; and
``(ii) the remaining period of time during
which the sponsor has patent protections or a
remaining exclusivity period with respect to
the antimicrobial drug in the United States, as
listed in the publication of the Food and Drug
Administration entitled `Approved Drug Products
with Therapeutic Equivalence Evaluations'.
``(2) Effect.--A subscription contract shall remain in
effect for the period described in paragraph (1) even if the
infection treated by the antimicrobial drug covered by the
subscription contract is later removed from the list of
infections under section 399OO(c)(1).
``(3) Extension of contracts.--The Director may extend a
subscription contract with a sponsor under this subsection
beyond the initial contract period. A single contract extension
may be in effect not later than the date on which all periods
of exclusivity granted by the Food and Drug Administration
expire and shall be in an amount not to exceed $25,000,000 per
year. All other terms of an extended contract shall be the same
as the terms of the initial contract. The total amount of
funding used on such contract extensions shall be no more than
$1,000,000,000, and shall be allocated from the amount made
available under section 399OO-4(a).
``(4) Modification of contracts.--The Director or sponsor,
1 year after the start of the contract period under this
subsection and every 2 years thereafter, may request a
modification of the amount of the contract based on information
that adjusts favored characteristics in section 399OO(c)(2).
``(g) Payments.--
``(1) In general.--Not later than 180 days after the date
on which a subscription contract is granted under subsection
(a), the Director shall provide payments for drugs purchased
under the contract in installments established by the Director,
in consultation with the sponsor of the antimicrobial drug and
in accordance with subsection (j).
``(2) Timing of payments.--The Director--
``(A) may make payments under paragraph (1) in
equal annual installments; and
``(B) shall not make such payments more frequently
than twice per year.
``(3) Option.--The sponsor shall have the option to receive
50 percent of the payment amount due in the last year of the
contract during the first year of the contract in order to
offset costs of establishing manufacturing capacity.
``(4) Funding.--Payments under this subsection shall be
allocated from the amount made available under section 399OO-
4(a).
``(5) Adjustment.--In the case of an antimicrobial drug
that received a transitional subscription contract under
section 399OO(f), the amount of a subscription contract for
such drug under this section shall be reduced by the amount of
the transitional subscription contract under such section
399OO(f) for such drug.
``(h) Use of Contract Funds.--Funds received by the sponsor under a
subscription contract under this section shall be used--
``(1) to meet the requirements described in subsection (c);
and
``(2) to support the completion of postmarketing clinical
studies, manufacturing, other preclinical and clinical
activities, or other activities agreed to by the Director and
sponsor in the contract.
``(i) Contracts for Generic and Biosimilar Versions.--
Notwithstanding any other provision of this part, the Director may
award a subscription contract under this section to a manufacturer of a
generic or biosimilar version of an antimicrobial drug for which a
subscription contract has been awarded under this section. Such
contracts shall be awarded in accordance with a procedure, including
for determining the terms and amounts of such contracts, established by
the Director.
``(j) Antimicrobial Drug Sponsor Revenue Limitations.--
``(1) Requirement.--
``(A) In general.--With respect to a payment
installment under a subscription contract entered into
under this section, the net revenue from sales of the
applicable antimicrobial drug for beneficiaries or
enrollees in Federal health care programs during the
period covered by the payment installment shall be
subtracted from the payment installment.
``(B) Payment.--The amount calculated under
subparagraph (A) shall be paid by the Secretary to the
relevant Federal health care program (or its trust
fund) at the time of the applicable installment
payment.
``(C) Coordination.--The Director shall coordinate
with the relevant agencies of the Federal Government,
including the Centers for Medicare and Medicaid
Services, to carry out this subsection in a manner that
ensures minimal disruption to how a health care
provider currently acquires applicable antimicrobial
drugs.
``(2) Regulations.--
``(A) In general.--To carry out this subsection,
the Secretary shall promulgate regulations to identify
the Federal health care programs applicable under this
section, including Medicare part A and Medicaid, and to
establish the methodology and data collection
requirements necessary to calculate the amount under
paragraph (1)(A).
``(B) Methodology.--Any methodology established for
the collection of data and calculation of the amount
under paragraph (1)(A) shall take into account any
legally mandated or voluntary discounts and rebates
provided by the manufacturer of the applicable
antimicrobial drug to the Federal health care programs
that pay for such drug, on the condition that the
Secretary may presume that discounts not described in
subclauses (I) and (II) of subparagraph (C)(ii) are
captured in the price determined under subparagraph
(C)(i)(II).
``(C) Estimating annual net revenue.--
``(i) In general.--In determining the net
revenue from sales of the applicable
antimicrobial drug for beneficiaries or
enrollees in Federal health care programs for
the purpose of calculating the amount under
paragraph (1)(A), the Secretary shall determine
such net revenue amount by multiplying--
``(I) the total number of billing
units of such antimicrobial drugs
reported under the process described in
subparagraph (D)(ii) for the applicable
payment installment period; by
``(II) the average sales price (as
defined in section 1847A(c) of the
Social Security Act), the average
manufacturer price (as defined in
section 1927(k)(1) of the Social
Security Act), or another pricing
metric used in Federal health care
programs, for such antimicrobial drugs.
``(ii) Requirement.--The Secretary shall
adjust the amount determined under clause
(i)(II) to account for--
``(I) rebates, discounts, add-on
payments, or other adjustments provided
under--
``(aa) section 340B; or
``(bb) section 1927 of the
Social Security Act; or
``(II) negotiated price concessions
described in section 1860D-2(d)(1)(B)
of the Social Security Act that are not
captured in the applicable price.
``(D) Coding.--
``(i) In general.--In promulgating
regulations under subparagraph (A), the
Secretary shall, as appropriate, establish and
assign codes, under existing or new coding
systems, to identify units of the applicable
antimicrobial drug for beneficiaries or
enrollees in Federal health care programs.
``(ii) Coding use requirements.--In
promulgating regulations under subparagraph
(A), the Secretary shall require hospitals (or
other providers or suppliers) that administer
applicable antimicrobial drugs in the inpatient
or outpatient setting to report on their claims
to such Federal health care programs the
billing units of such antimicrobial drugs used
in the care of beneficiaries or enrollees in
each Federal health care program, regardless of
whether payment for those units are separately
reimbursed.
``(3) Definitions.--In this subsection:
``(A) Applicable antimicrobial drug.--The term
`applicable antimicrobial drug' means an antimicrobial
drug for which the sponsor of such drug receives a
subscription contract under subsection (a).
``(B) Federal health care program.--The term
`Federal health care program' has the meaning given
such term in section 1128B(f) of the Social Security
Act, except that, for purposes of this subsection, such
term includes the health insurance program under
chapter 89 of title 5, United States Code.
``(k) Failure To Adhere to Terms.--The Secretary shall cease any
payment installments under a contract under this section if--
``(1) the sponsor--
``(A) permanently withdraws the antimicrobial drug
from the market in the United States;
``(B) fails to meet the requirements described in
subsection (c); or
``(C) does not complete a postmarket study required
by the Food and Drug Administration during the term of
the contract;
``(2) the annual international and private insurance market
revenues with respect to an antimicrobial drug (not counting
any subscription revenues from any source pursuant to a
contract under this section or other international or private
entities) exceed 5 times the average annual amount of the
subscription contract paid by the Secretary as certified by the
sponsor annually; or
``(3) if the total revenue of the sponsor from government
programs that pay for drugs subject to a contract agreement
entered into pursuant to this section for a year exceeds the
amount of the subscription contract paid by the Secretary for
that year.
``(l) Private Payer and International Payer Participation.--The
Secretary shall make efforts to increase the participation of domestic
private payors and international payors in subscription contracts or
other types of value-based arrangements that are similar to the
subscription contracts authorized under this section.
``(m) Effect.--Nothing in this section permits the Secretary to use
evidence from comparative clinical effectiveness research in a manner
that treats extending the life of an elderly, disabled, or terminally
ill individual as of lower value than extending the life of an
individual who is younger, nondisabled, or not terminally ill in
determining the value of an antimicrobial drug or a subscription
contract (or a transitional subscription contract), including in such a
way that would limit patient access.
``SEC. 399OO-3. ENCOURAGING APPROPRIATE USE OF ANTIMICROBIALS AND
COMBATING RESISTANCE.
``(a) Establishment of Health Facility Grant Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this part, the Secretary shall establish a grant
program under the Centers for Disease Control and Prevention to
support hospital, skilled nursing facility, and other health
care facility efforts--
``(A) to judiciously use antimicrobial drugs, such
as by establishing or implementing appropriate use
programs, including infectious disease telehealth
programs, using appropriate diagnostic tools,
partnering with academic hospitals, increasing health
care-associated infection reporting and prevention
efforts, and monitoring antimicrobial resistance; and
``(B) to participate in the National Healthcare
Safety Network Antimicrobial Use and Resistance Module
or the Emerging Infections Program Healthcare-
Associated Infections Community Interface activity of
the Centers for Disease Control and Prevention or a
similar reporting program, as specified by the
Secretary, relating to antimicrobial drugs.
``(2) Prioritization.--In awarding grants under paragraph
(1), the Secretary shall prioritize health care facilities
without an existing program to judiciously use antimicrobial
drugs, subsection (d) hospitals (as defined in subparagraph (B)
of section 1886(d)(2) of the Social Security Act that are
located in rural areas (as defined in subparagraph (D) of such
section), critical access hospitals (as defined in section
1861(mm)(1) of such Act), hospitals serving Tribal populations,
and safety-net hospitals.
``(b) Surveillance and Reporting of Antimicrobial Use and
Resistance.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall use the National Healthcare Safety Network and other
appropriate surveillance systems to assess trends in
antimicrobial resistance and antibiotic and antifungal use,
such as--
``(A) appropriate conditions and measures causally
related to antimicrobial resistance, including types of
infections, the source or body sites of infections, the
demographic information of patients with infections,
and infection onset in a community or hospital setting,
increased lengths of hospital stay, increased costs,
and rates of mortality; and
``(B) changes in bacterial and fungal resistance to
antimicrobial drugs, including changes in percent
resistance, prevalence of antimicrobial-resistant
infections, rates of mortality, and other such changes.
``(2) Antimicrobial use data.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall obtain reliable and comparable human
antibiotic and antifungal drug consumption data (including, as
available and appropriate, volume antimicrobial distribution
data and antibiotic and antifungal use data, including
prescription data) by State or metropolitan areas. To
accomplish this, the Centers for Disease Control and Prevention
may work with, as appropriate, Federal departments and agencies
(including the Department of Veterans Affairs, the Department
of Defense, the Department of Homeland Security, the Bureau of
Prisons, the Indian Health Service, and the Centers for
Medicare & Medicaid Services), private vendors, health care
organizations, pharmacy benefit managers, and other entities.
``(3) Antimicrobial resistance trend data.--The Secretary,
acting through the Director of the Centers for Disease Control
and Prevention, shall intensify and expand efforts to collect
antimicrobial resistance data and encourage adoption of the
Antibiotic Use and Resistance Module within the National
Healthcare Safety Network among all health care facilities
across the continuum of care, including, as appropriate, acute
care hospitals, dialysis facilities, nursing homes, ambulatory
surgical centers, and other ambulatory health care settings in
which antimicrobial drugs are routinely prescribed. The
Secretary shall seek to collect such data from electronic
medication administration reports and laboratory systems to
produce the reports described in paragraph (4).
``(4) Public availability of data.--Beginning on the date
that is 2 years after the date of enactment of this part, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall, for the purposes of
improving the monitoring of important trends in antimicrobial
use and resistance, and, as appropriate, patient outcomes in
relation to antimicrobial resistance--
``(A) make the data described under this subsection
publicly available through reports and web updates
issued on a regular basis that is not less than
annually; and
``(B) examine opportunities to make such data
available in near real time.
``(c) Publication of Clinical Guidelines.--Not later than 1 year
after the date the Secretary makes the first designation under section
399OO-1(a), and not less than every 3 years thereafter, the Secretary
shall publish at least one update to clinical guidelines in
consultation with relevant professional societies. As appropriate,
guideline updates shall include each antimicrobial drug that has been
approved under section 505(c) of the Federal Food, Drug, and Cosmetic
Act or licensed under section 351(a) and that has been designated under
section 399OO-1(a), which guidelines shall set forth the evidence-based
recommendations for prescribing the drug for the relevant infection
time, in accordance with the available evidence after consultation
under section 399OO-1(c)(2), as appropriate.
``(d) Funding.--The Secretary may use not more than 5 percent of
the amounts appropriated under section 399OO-4(a) to carry out this
section.
``SEC. 399OO-4. APPROPRIATIONS.
``(a) In General.--To carry out this part, there are hereby
appropriated to the Secretary, out of amounts in the Treasury not
otherwise appropriated, $6,000,000,000 for fiscal year 2024, to remain
available until expended.
``(b) Emergency Designation.--
``(1) In general.--The amounts provided by this section are
designated as an emergency requirement pursuant to section 4(g)
of the Statutory Pay-As-You-Go Act of 2010.
``(2) Designation in senate.--In the Senate, this section
is designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
``SEC. 399OO-5. STUDIES AND REPORTS.
``(a) In General.--Not later than 6 years after the date of
enactment of this part, the Comptroller General of the United States
shall complete a study on the effectiveness of this part in developing
priority antimicrobial drugs. Such study shall examine the indications
for, usage of, development of resistance with respect to, and private
and societal value of critical need antimicrobial drugs, and the impact
of the programs under this part on markets of critical need
antimicrobial drugs. The Comptroller General shall report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives on
the findings of such study.
``(b) Antibiotic Use in the United States; Annual Reports.--The
Director of the Centers for Disease Control and Prevention shall, each
year, update the report entitled `Antibiotic Use in the United States'
to include updated information on progress and opportunities with
respect to data, programs, and resources for prescribers to promote
appropriate use of antimicrobial drugs.
``(c) Report on Antimicrobial Prophylactics.--Not later than 3
years after the date of enactment of this part, the Director of the
Centers for Disease Control and Prevention shall publish a report on
antimicrobial prophylactics.
``SEC. 399OO-6. DEFINITIONS.
``In this part--
``(1) the term `antimicrobial drug'--
``(A) means, subject to subparagraph (B), a product
that is--
``(i) a drug that directly inhibits
replication of or kills bacteria or fungi, or
acts on the substances produced by such
bacteria or fungi, relevant to the proposed
indication at concentrations likely to be
attainable in humans to achieve the intended
therapeutic effect; or
``(ii) a biological product that acts
directly on bacteria or fungi or on the
substances produced by such bacteria or fungi;
and
``(B) does not include--
``(i) a drug that achieves the effect
described by subparagraph (A)(i) only at a
concentration that cannot reasonably be studied
in humans because of its anticipated toxicity;
or
``(ii) a vaccine; and
``(2) the term `Committee' means the Committee on Critical
Need Antimicrobials established under section 399OO(a).''.
<all>
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118S1356 | ASSESS AI Act | [
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1356 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1356
To establish a task force on organizational structure for artificial
intelligence governance and oversight.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish a task force on organizational structure for artificial
intelligence governance and oversight.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assuring Safe, Secure, Ethical, and
Stable Systems for AI Act'' or the ``ASSESS AI Act''.
SEC. 2. TASK FORCE ON ARTIFICIAL INTELLIGENCE GOVERNANCE AND OVERSIGHT.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the President shall appoint a task force to
assess the privacy, civil rights, and civil liberties implications of
artificial intelligence (referred to in this section as the ``AI Task
Force'').
(b) Membership of AI Task Force.--
(1) In general.--The AI Task Force shall include--
(A) the Director of the Office of Management and
Budget or his or her designee;
(B) the Director of the National Institute of
Standards and Technology or his or her designee;
(C) the Director of the Office of Science and
Technology Policy or his or her designee;
(D) the Assistant Director of the Directorate for
Technology, Innovation, and Partnerships at the
National Science Foundation;
(E) the Secretary of Health and Human Services or
his or her designee;
(F) the Secretary of Transportation or his or her
designee;
(G) the Secretary of Housing and Urban Development
or his or her designee;
(H) the Comptroller General of the United States or
his or her designee;
(I) the Chairman of the Federal Trade Commission or
his or her designee;
(J) the Chairperson of the Equal Employment
Opportunity Commission or his or her designee;
(K) the Chair of the Council of Inspectors General
on Integrity and Efficiency or his or her designee;
(L) the Principal Deputy Assistant Attorney General
for the Civil Rights Division of the Department of
Justice or his or her designee;
(M) the chief privacy and civil liberties officers
for the following agencies:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of Health and Human
Services;
(vi) the Department of Homeland Security;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Education; and
(x) the Office of the Director of National
Intelligence;
(N) the Chair of the Privacy and Civil Liberties
Oversight Board;
(O) the Chair of the National Artificial
Intelligence Advisory Committee's Subcommittee on
Artificial Intelligence and Law Enforcement;
(P) any other governmental representative
determined necessary by the President; and
(Q) not fewer than 6, but not more than 10,
representatives from civil society, including
organizational leaders with expertise in technology,
privacy, civil liberties, and civil rights,
representatives from industry, and representatives from
academia, as appointed by the President.
(2) Task force chair and vice chair.--The President shall
designate a Chair and Vice Chair of the AI Task Force from
among its members.
(c) Duties.--
(1) In general.--The AI Task Force shall--
(A) assess existing policy, regulatory, and legal
gaps for artificial intelligence (referred to in this
section as ``AI'') applications and associated data, as
of the date of enactment of this Act; and
(B) make recommendations to Congress and the
President for legislative and regulatory reforms to
ensure that uses of artificial intelligence and
associated data in Federal Government operations
comport with freedom of expression, equal protection,
privacy, civil liberties, civil rights, and due
process.
(2) Specific requirements.--The assessments and
recommendations under paragraph (1) shall--
(A) address--
(i) the application of Federal
antidiscrimination laws to Federal Government
use of AI;
(ii) the application of Federal disparate
impact standards to Federal Government use of
AI;
(iii) artificial intelligence validation
and auditing for Federal Government use of AI;
(iv) artificial intelligence risk and
impact assessment reporting regarding Federal
Government use of AI; and
(v) institutional changes to ensure
sustained assessment and recurring guidance on
privacy and civil liberties implications of
artificial intelligence applications, emerging
technologies, and associated data;
(B) include recommendations regarding--
(i) baseline standards for Federal
Government use of biometric identification
technologies, including facial recognition,
voiceprint, gait recognition, and keyboard
entry technologies;
(ii) proposals to address any gaps in
Federal law, including regulations, with
respect to facial recognition technologies in
order to enhance protections of privacy, civil
liberties, and civil rights of individuals in
the United States;
(iii) baseline standards for the protection
and integrity of data in the custody of the
Federal Government; and
(iv) best practices and contractual
requirements to strengthen protections for
privacy, information security, fairness,
nondiscrimination, auditability, and
accountability in artificial intelligence
systems and technologies and associated data
procured by the Federal Government; and
(C) assess--
(i) whether existing and proposed AI
regulations are appropriately balanced against
critical law enforcement and national security
needs;
(ii) ongoing efforts to regulate commercial
development and fielding of artificial
intelligence and associated data in light of
privacy, civil liberties, and civil rights
implications, and, as appropriate, consider and
recommend institutional or organizational
changes to facilitate applicable regulation;
and
(iii) the utility of establishing a new
organization within the Federal Government to
provide ongoing governance for and oversight
over the fielding of artificial intelligence
technologies by Federal agencies as
technological capabilities evolve over time,
including--
(I) the review of Federal funds
used for the procurement and
development of artificial intelligence;
and
(II) the enforcement of Federal law
for commercial artificial intelligence
products used in government.
(3) Organizational considerations.--In conducting the
assessments required under this subsection, the AI Task Force
shall consider--
(A) the organizational placement, structure,
composition, authorities, and resources that a new
organization would require to provide ongoing guidance
and baseline standards for--
(i) the Federal Government's development,
acquisition, and fielding of artificial
intelligence systems to ensure the systems
comport with privacy, civil liberties, and
civil rights and civil liberties law, including
guardrails for their use; and
(ii) providing transparency to oversight
entities and the public regarding Federal
Government use of artificial systems and the
performance of those systems;
(B) the existing interagency and intra-agency
efforts to address AI oversight;
(C) the need for and scope of national security
carve-outs, and any limitations or protections that
should be built into any such carve-outs; and
(D) the research, development, and application of
new technologies to mitigate privacy and civil
liberties risks inherent in artificial intelligence
systems.
(d) Powers of the Task Force.--
(1) Hearings.--The Task Force may, for the purpose of
carrying out this section, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the AI Task
Force considers appropriate.
(2) Powers of members and agents.--Any member of the AI
Task Force may, upon authorization by the AI Task Force, take
any action that the AI Task Force is authorized to take under
this section.
(3) Obtaining official data.--Subject to applicable privacy
laws and relevant regulations, the AI Task Force may secure
directly from any department or agency of the United States
information and data necessary to enable it to carry out this
section. Upon written request of the Chair of the AI Task
Force, the head or acting representative of that department or
agency shall furnish the requested information to the AI Task
Force not later than 30 days after receipt of the request.
(e) Operating Rules and Procedure.--
(1) Initial meeting.--The AI Task Force shall meet not
later than 30 days after the date on which a majority of the
members of the AI Task Force have been appointed.
(2) Voting.--Each member of the AI Task Force shall have 1
vote.
(3) Recommendations.--The AI Task Force shall adopt
recommendations only upon a majority vote.
(4) Quorum.--A majority of the members of the AI Task Force
shall constitute a quorum, but a lesser number of members may
hold meetings, gather information, and review draft reports
from staff.
(f) Staff.--
(1) Personnel.--The chairperson of the AI Task Force may
appoint staff to inform, support, and enable AI Task Force
members in the fulfillment of their responsibilities. A staff
member may not be a local, State, or Federal elected official
or be affiliated with or employed by, such an elected official
during the duration of the AI Task Force.
(2) Detailees.--The head of any Federal department or
agency may detail, on a non-reimbursable basis, any of the
personnel of that department or agency to the AI Task Force to
assist the AI Task Force in carrying out its purposes and
functions.
(3) Security clearances for members and staff.--The
appropriate Federal departments or agencies shall cooperate
with the AI Task Force in expeditiously providing to the AI
Task Force members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements, except that no person may be provided with access
to classified information under this section without the
appropriate security clearances.
(4) Expert consultants.--As needed, the AI Task Force may
commission intermittent research or other information from
experts and provide stipends for engagement consistent with
relevant statutes and regulations.
(g) Assistance From Private Sector.--
(1) Private engagement.--The Chair of the AI Task Force may
engage with representatives from a private sector organization
for the purpose of carrying out the mission of the AI Task
Force, and any such engagement shall not be subject to chapter
10 of title 5, United States Code.
(2) Temporary assignment of personnel.--The Chair of the AI
Task Force, with the agreement of a private sector
organization, may arrange for the temporary assignment of
employees of the organization to the Task Force in accordance
with paragraphs (1) and (4) of subsection (f).
(3) Duration.--An assignment under this subsection may, at
any time and for any reason, be terminated by the Chair or the
private sector organization concerned and shall be for a total
period of not more than 18 months.
(h) Application of Ethics Rules.--
(1) In general.--An employee of a private sector
organization assigned under subsection (g)--
(A) shall be deemed to be a special government
employee for purposes of Federal law, including chapter
11 of title 18, United States Code, and chapter 135 of
title 5, United States Code; and
(B) notwithstanding section 202(a) of title 18,
United States Code, may be assigned to the Task Force
for a period of not longer than 18 months.
(2) No financial liability.--Any agreement subject to this
subsection shall require the private sector organization
concerned to be responsible for all costs associated with the
assignment of an employee under subsection (g).
(i) Reporting.--
(1) Interim report to congress.--Not later than 1 year
after the establishment of the AI Task Force, the AI Task Force
shall prepare and submit an interim report to Congress and the
President containing the AI Task Force's legislative and
regulatory recommendations.
(2) Updates.--The AI Task Force shall provide periodic
updates to the President and to Congress.
(3) Final report.--Not later than 18 months after the
establishment of the AI Task Force, the AI Task Force shall
prepare and submit a final report to the President and to
Congress containing its assessment on organizational
considerations, to include any recommendations for
organizational changes.
(j) Other Emerging Technologies.--At any time before the submission
of the final report under subsection (i)(3), the AI Task Force may
recommend to Congress the creation of a similar task force focused on
another emerging technology.
(k) Sunset.--The AI Task Force shall terminate on the date that is
18 months after the establishment of the AI Task Force under subsection
(a).
<all>
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118S1357 | Responsible Digital Asset Advertising Act of 2023 | [
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1357 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1357
To address advertising by digital asset intermediaries, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Sinema (for herself and Ms. Lummis) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To address advertising by digital asset intermediaries, and for other
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 ``Responsible Digital Asset
Advertising Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissions.--The term ``Commissions'' means the
Securities and Exchange Commission and the Commodity Futures
Trading Commission, acting jointly.
(2) Covered advertisement.--The term ``covered
advertisement''--
(A) means a communication that--
(i) relates to--
(I) the desirability of purchasing
or entering into a transaction for a
digital asset; or
(II) the availability of digital
asset-related services; and
(ii) is widely available to the general
public, as specified by rule of the
Commissions; and
(B) includes any script, slide, handout, or other
written (including electronic) material used in
connection with a public appearance with respect to a
digital asset or the availability of digital asset-
related services.
(3) Digital asset.--The term ``digital asset'' means a
natively electronic asset that--
(A) confers economic, proprietary, or access rights
or authorities; and
(B) is recorded using cryptographically-secured
distributed ledger technology, or any similar analogue.
(4) Digital asset intermediary.--The term ``digital asset
intermediary'' means a person that--
(A) holds a license, registration, or other similar
authorization pursuant to the Commodity Exchange Act (7
U.S.C. 1 et seq.), the Securities Act of 1933 (15
U.S.C. 77a et seq.), the Corporation of Foreign
Bondholders Act, 1933 (15 U.S.C. 77bb et seq.), the
Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.),
the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.), the Securities Investor Protection Act of 1970
(15 U.S.C. 78aaa et seq.), the Investment Company Act
of 1940 (15 U.S.C. 80a-1 et seq.), the Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), or the
Omnibus Small Business Capital Formation Act of 1980
(title V of Public Law 96-2); and
(B) engages in market activities relating to
digital assets.
SEC. 3. ADVERTISING BY DIGITAL ASSET INTERMEDIARIES.
(a) Approval by Officer.--Before a digital asset intermediary may
make a covered advertisement available to the public, an officer of the
digital asset intermediary shall be required to approve that covered
advertisement and certify compliance with the requirements of this
section.
(b) Procedures.--
(1) In general.--Each digital asset intermediary shall
establish written procedures, which are appropriate and
reasonable to the business, size, structure, and customers of
the digital asset intermediary, for the review of covered
advertisements, as required under subsection (a), which shall
include--
(A) provisions for the education and training of
applicable employees of the digital asset intermediary
regarding the procedures of the digital asset
intermediary governing covered advertisements;
(B) documentation of the education and training
required under subparagraph (A); and
(C) surveillance and follow-up measures to ensure
that the digital asset intermediary implements and
adheres to those procedures.
(2) Recordkeeping.--
(A) Period of maintenance.--Each digital asset
intermediary shall maintain the records required under
this subsection for not less than 5 years.
(B) Types of records.--The types of records that a
digital asset intermediary is required to maintain
under subparagraph (A) include, with respect to each
covered advertisement made by the digital asset
intermediary--
(i) a copy of the covered advertisement;
(ii) the dates of the first and, if
applicable, last use of the covered
advertisement;
(iii) the name of the officer of the
digital asset intermediary who approved the
covered advertisement, as required under
subsection (a), including the date on which the
officer gave that approval;
(iv) information concerning the source of
all data, statistical tables, charts, graphs,
or other illustrations or outside sources used
in the covered advertisement; and
(v) for a covered advertisement that
includes or incorporates a performance ranking
or comparison with another digital asset
intermediary, a copy of the ranking or
performance used.
(c) Requirements for Covered Advertisements.--Each covered
advertisement shall adhere to the following standards:
(1) The covered advertisement shall--
(A) be based on principles of fair dealing and good
faith; and
(B) provide a sound basis for evaluating the facts
with respect to any particular digital asset or type of
digital asset, industry, or service that is the subject
of the covered advertisement.
(2) The covered advertisement may not omit any material
fact or qualification if that omission, in light of the context
of the material presented, would cause the covered
advertisement to be misleading.
(3) The covered advertisement may not make any false,
exaggerated, unwarranted, promissory, or misleading statement
or claim.
(4) Information may be placed in a legend or footnote
within the covered advertisement only if that placement would
not inhibit understanding of the covered advertisement.
(5) The covered advertisement shall be consistent with
risks that are present with respect to the subject matter of
the covered advertisement, including volatility with respect to
the value of digital assets, the amount of potential returns,
and operational risks for digital asset intermediaries.
(6) The covered advertisement shall--
(A) consider the nature of the audience to which
the covered advertisement will be directed; and
(B) provide details and explanations that are
appropriate for the audience described in subparagraph
(A).
(7)(A) The covered advertisement may not predict or project
performance, imply that past performance will recur, or make
any exaggerated or unwarranted claim, opinion, or forecast.
(B) Nothing in subparagraph (A) may be construed to
prohibit the use of--
(i) a hypothetical illustration of mathematical
principles, if that illustration does not predict or
project the performance of a particular strategy;
(ii) an analysis tool, or a written report produced
by an analysis tool; or
(iii) a price target contained in a research
report, if the target has a reasonable basis, the
report discloses the valuation methods used to
determine the price target, and the price target is
accompanied by a disclosure concerning the risks that
may impede achievement of the price target.
(8) Any comparison in the covered advertisement between
digital assets, digital asset intermediaries, or digital asset-
related services shall disclose key material differences
between the applicable items, including, as applicable,
differences with respect to return objectives, costs and
expenses, liquidity, safety, guarantees or insurance,
volatility, and tax features.
(9) The covered advertisement shall prominently disclose
the following:
(A) The fact that the covered advertisement is
governed by this section and is subject to Federal law.
(B) The name of the applicable digital asset
intermediary.
(C) The name of the officer who made the
certification with respect to the covered
advertisement, as required under subsection (a).
(D) Any relationship between the applicable digital
asset intermediary and any person that appears in the
covered advertisement or any compensation offered by
that digital asset intermediary to such a person.
(E) Registrations, licenses, or other
authorizations in good standing that are held by the
applicable digital asset intermediary.
(10)(A) In the covered advertisement, any reference to tax-
free or tax-exempt income shall indicate which taxes apply, or
which do not, unless income is free from all applicable taxes.
(B) For the purposes of subparagraph (A), the covered
advertisement may not characterize income or returns as tax-
free or exempt from income tax if tax liability is merely
postponed or deferred, such as when taxes are payable upon
redemption.
(C) The Commissions may, by rule, adopt further standards
regarding tax considerations that appear in covered
advertisements.
(11) The covered advertisement shall disclose the amounts
of the following fees with respect to the digital asset or
digital asset-related services that are the subject of the
covered advertisement, which shall be set forth prominently
and, in any print advertisement, in a prominent text box that
contains only such information:
(A) Custody fees.
(B) Account fees.
(C) Applicable bank fees.
(12) If any testimonial in the covered advertisement
concerns a technical aspect of purchasing or otherwise entering
into a transaction for digital assets--
(A) the person making the testimonial shall have
the knowledge and experience to form a valid opinion
regarding the issue; and
(B) the testimonial, if the testimonial concerns
the advisability of purchasing digital assets or the
performance of a digital asset, shall prominently
disclose--
(i) the fact that the testimonial may not
be representative of the experience of other
customers;
(ii) the fact that the testimonial is no
guarantee of future performance or success; and
(iii) if more than $1,000 in value is paid
for the testimonial--
(I) the fact that the testimonial
is a paid testimonial; and
(II) the amount and type of
compensation paid, which shall include,
if compensation was paid in digital
assets, an identification of each
specific digital asset.
(13) If the covered advertisement includes a recommendation
to purchase, or otherwise transact in, a digital asset, the
covered advertisement shall--
(A) have a reasonable basis for the recommendation;
and
(B) if applicable, disclose--
(i) that, at the time the covered
advertisement was published or distributed, the
applicable digital asset intermediary was
conducting trading activities in the digital
asset;
(ii) that the applicable digital asset
intermediary--
(I) is directly and materially
involved in the preparation of the
content of the covered advertisement;
and
(II) has a financial interest the
digital assets being recommended; and
(iii) the nature of any financial interest
disclosed under clause (ii), including whether
that financial interest consists of any option,
right, warrant, future, or long or short
position, unless the extent of that financial
interest is nominal.
(14)(A) Except as otherwise provided by subparagraph (B),
the covered advertisement may not refer, directly or
indirectly, to past specific recommendations made by the
applicable digital asset intermediary that were or would have
been profitable to any person.
(B) The covered advertisement may set out or offer to
furnish a list of all recommendations as to the same type of
digital assets made by the applicable digital asset
intermediary during the 1-year period preceding the date on
which the covered advertisement is released, if the
communication or list--
(i) states the name of each digital asset
recommended, the date and nature of each such
recommendation (such as whether to buy, sell, or hold
the digital asset), the market price (as of the date of
the recommendation), the price at which a person was
meant to act upon the recommendation, and the market
price of each such digital asset, as of the most recent
practicable date; and
(ii) contains the following warning, which shall
appear prominently within the communication or list:
``it should not be assumed that recommendations made in
the future will be profitable or will equal the
performance of the digital assets in this list.''.
(d) Sources Supporting a Recommendation.--
(1) In general.--A digital asset intermediary shall
provide, or offer to provide upon request, available
information or sources supporting any recommendation described
in subsection (c)(13).
(2) Price disclosure.--When a digital asset intermediary
recommends a digital asset in a covered advertisement, as
described in subsection (c)(13), the digital asset intermediary
shall provide the price of the digital asset, as of the date on
which the recommendation is made.
(e) Information Provided in Public Appearances.--
(1) In general.--When an officer or employee of a digital
asset intermediary is sponsoring or participating in a seminar,
forum, or radio or television interview, or when such an
individual is otherwise engaged in a public appearance or
speaking activity, paragraphs (1), (2), and (3) of subsection
(c) shall apply to that appearance to the same extent as those
provisions apply to a covered advertisement.
(2) Recommendations.--If an officer or employee of a
digital asset intermediary recommends a digital asset in a
public appearance, that individual shall--
(A) have a reasonable basis for the recommendation;
and
(B) disclose, as applicable--
(i) whether the individual has a financial
interest in the digital asset recommended;
(ii) the nature of the financial interest
disclosed under clause (i), including whether
that financial interest consists of any option,
right, warrant, future, or long or short
position, unless the extent of that financial
interest is nominal; and
(iii) any other actual, material conflict
of interest of which the individual knows or
has reason to know at the time of the public
appearance.
(f) Procedures for Public Appearances.--Each digital asset
intermediary shall establish written procedures that are appropriate
and reasonable to the business, size, structure, and customers of the
digital asset intermediary in order to supervise the public appearances
of the officers and employees of the digital asset intermediary, which
shall include--
(1) provisions for the education and training of employees
of the digital asset intermediary regarding those procedures;
(2) documentation of the education and training required
under paragraph (1); and
(3) surveillance and follow-up measures to ensure that the
digital asset intermediary implements and adheres to those
procedures.
(g) Enforcement by Commissions.--
(1) In general.--The Securities and Exchange Commission,
the Commodity Futures Trading Commission, or any applicable
self-regulatory organization operating under delegated
authority by the appropriate commission, as applicable to a
digital asset intermediary, shall regularly ascertain the
compliance with this section by the digital asset intermediary
(and applicable individuals) at the time of each regular
examination of the intermediary by the applicable entity.
(2) Investigations.--The appropriate commission or self-
regulatory organization, as applicable, may conduct an
investigation into a suspected violation of this section and
take enforcement action outside of a regular examination of a
digital asset intermediary, which shall be comprised of the
following:
(A) With respect to such a violation by that
digital asset intermediary, the following:
(i) For an initial violation of this
section, the imposition of a civil monetary
penalty in an amount that is not more than
$100,000.
(ii) For any subsequent violation of this
section, the imposition of a civil monetary
penalty in an amount that is not more than
$1,000,000.
(iii) The enjoinment of future violations
of this section by the digital asset
intermediary and the requirement that the
digital asset intermediary submit to the
enforcing entity appropriate remediation plans.
(B) For repeated, knowing violations of this
section by an individual, the imposition of a temporary
or permanent bar from the digital asset industry with
respect to that individual.
(h) Applicability to Disclosures.--A document filed with the
Securities and Exchange Commission, as otherwise required by law or
regulation, is not subject to the requirements of this section.
(i) Rules.--The Commissions, after not less than a 120-day comment
period, shall adopt rules to implement this section.
(j) Authorization of Appropriations.--For the purposes of
appointing employees to enforce the requirements of this section, and
for other costs relating to the enforcement of this section, there is
authorized to be appropriated, for fiscal year 2023, to remain
available until September 30, 2024--
(1) $25,000,000 to the Securities and Exchange Commission;
and
(2) $25,000,000 to the Commodity Futures Trading
Commission.
SEC. 4. OFFSETTING THE COSTS OF DIGITAL ASSET ADVERTISING SUPERVISION.
(a) Recovery of Certain Costs of Annual Appropriations.--
(1) In general.--Beginning October 1, 2024, the Securities
and Exchange Commission and the Commodity Futures Trading
Commission may, jointly, by rule, collect fees--
(A) to fund expenses relating to the supervision of
advertising by digital asset intermediaries; and
(B) that are designed to recover the costs to the
Federal Government of the annual appropriation to each
commission by Congress for the cost of the supervision
of advertising by digital asset intermediaries.
(2) Registered entities.--A fee shall be imposed under
paragraph (1) only--
(A) on an entity that--
(i) is licensed, registered, or similarly
authorized pursuant to a provision of law
described in section 2(4)(A); and
(ii) is engaged in activities relating to
digital assets, including a digital asset
intermediary that is registered with either
commission as otherwise may be provided by
Federal law; and
(B) in relation to the regulation of those
activities under a provision of law described in
section 2(4)(A).
(3) Fee rates.--A fee imposed under paragraph (1) shall--
(A) be strictly related to the cost to the
Commissions relating to the supervision of advertising
by digital asset intermediaries;
(B) minimize negative impacts on market liquidity;
and
(C) maintain the efficiency, competitiveness, and
financial integrity of digital asset markets.
(4) Collection of fees.--The Commissions shall collect fees
under this subsection in such manner and within such time as
may be specified by the Commissions, by rule.
(b) Fee Rate Orders.--
(1) In general.--Each fiscal year, the Commissions shall
jointly adopt an order setting rates for fees that are
collected under subsection (a) during that fiscal year.
(2) Publication.--The Commissions shall publish in the
Federal Register each order adopted under paragraph (1), which
shall include--
(A) projections on which the fees are based; and
(B) an explanation of the method used for
calculating applicable fee rates.
(c) Deposit of Fees.--
(1) Offsetting collections.--Fees collected under
subsection (a) for any fiscal year shall--
(A) be split evenly between the Commissions;
(B) be deposited and credited as offsetting
collections to the accounts providing appropriations to
each respective commission; and
(C) not be collected or available for obligation
for any fiscal year except to the extent provided in
advance in appropriation Acts.
(2) General revenues prohibited.--No fee collected under
subsection (a) may be deposited and credited as general revenue
of the Treasury.
(d) Lapse of Appropriations.--If a regular appropriation to a
commission has not been enacted on the first day of a fiscal year, the
commission shall continue to collect fees under this section at the
rates in effect on September 30 of the preceding fiscal year until the
regular appropriation for the fiscal year has been enacted and the
commission has published fees based on the appropriation under
subsection (b)(2).
(e) Limitations.--
(1) Leveraged, margined, or financed transactions.--Nothing
in this section may be construed to authorize the imposition of
fees on a registered entity relating to leveraged, margined, or
financed transactions under this Act, including those
activities relating to digital assets.
(2) Other appropriations.--Notwithstanding any other
provision of law, a commission may use appropriations otherwise
made available by law to fund expenses relating to the
supervision of digital asset advertising under section 2.
(f) Ceiling on Fees.--Unless otherwise provided by law, the total
amount of fees collected under this section shall not exceed
$50,000,000.
<all>
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118S1358 | LAKES Act | [
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"S... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1358
To amend the Water Resources Development Act of 1992 and the Flood
Control Act of 1968 to provide for provisions relating to collection
and retention of user fees at recreation facilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Cramer (for himself and Mr. Heinrich) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Water Resources Development Act of 1992 and the Flood
Control Act of 1968 to provide for provisions relating to collection
and retention of user fees at recreation facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Access Keeping Economies Strong
Act'' or the ``LAKES Act''.
SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION
FACILITIES.
Section 225 of the Water Resources Development Act of 1992 (33
U.S.C. 2328) is amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Non-federal public entity.--The term `non-Federal
public entity' means a non-Federal public entity as defined in
the document of the Corps of Engineers entitled `Implementation
Guidance for Section 1155 of the Water Resources Development
Act of 2016 (WRDA 2016), Management of Recreation Facilities'
and dated April 4, 2018.
``(2) Private nonprofit entity.--The term `private
nonprofit entity' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that Code.'';
(3) in subsection (b) (as so redesignated), by striking the
subsection designation and heading and all that follows through
``The Secretary'' and inserting the following:
``(b) Authorization.--The Secretary'';
(4) in subsection (c) (as so redesignated)--
(A) by striking the subsection designation and
heading and all that follows through ``To implement''
and inserting the following:
``(c) Cooperative Agreements.--
``(1) In general.--To implement'';
(B) in paragraph (1) (as so designated), by
striking ``non-Federal public and private entities''
and inserting ``non-Federal public entities and private
nonprofit entities''; and
(C) by adding at the end the following:
``(2) Requirements.--Before entering into an agreement
under paragraph (1), the Secretary shall ensure that the non-
Federal public entity or private nonprofit entity has the
authority and capability--
``(A) to carry out the terms of the agreement; and
``(B) to pay damages, if necessary, in the event of
a failure to perform.'';
(5) by striking subsection (d) (as so redesignated) and
inserting the following:
``(d) User Fees.--
``(1) Collection of fees.--
``(A) In general.--The Secretary may allow a non-
Federal public entity or private nonprofit entity that
has entered into an agreement pursuant to subsection
(c) to collect user fees for the use of developed
recreation sites and facilities, whether developed or
constructed by that entity or the Department of the
Army.
``(B) Use of visitor reservation services.--
``(i) In general.--A non-Federal public
entity or a private nonprofit entity described
in subparagraph (A) may use, to manage fee
collections and reservations under this
section, any visitor reservation service that
the Secretary has provided for by contract or
interagency agreement, subject to such terms
and conditions as the Secretary determines to
be appropriate.
``(ii) Transfer.--The Secretary may
transfer to a non-Federal public entity or a
private nonprofit entity described in
subparagraph (A), or cause to be transferred by
another Federal agency, user fees received by
the Secretary or other Federal agency under a
visitor reservation service described in clause
(i) for recreation facilities and natural
resources managed by the non-Federal public
entity or private nonprofit entity.
``(2) Use of fees.--
``(A) In general.--A non-Federal public entity or
private nonprofit entity that collects user fees under
paragraph (1)--
``(i) may retain up to 100 percent of the
fees collected, as determined by the Secretary;
and
``(ii) notwithstanding section 210(b)(4) of
the Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)(4)), shall use any retained amount for
operation, maintenance, and management
activities related to recreation and natural
resources at the water resource development
project at which the fee is collected.
``(B) Requirements.--The use by a non-Federal
public entity or private nonprofit entity of user fees
collected under paragraph (1) shall--
``(i) be limited to activities covered by
an agreement between the entity and the
Secretary;
``(ii) remain subject to the direction and
oversight of the Secretary; and
``(iii) not affect any existing third party
property interests, leases, or agreements with
the Secretary.
``(3) Terms and conditions.--The authority of a non-Federal
public entity or private nonprofit entity under this subsection
shall be subject to such terms and conditions as the Secretary
determines necessary to protect the interests of the United
States.''; and
(6) in subsection (e) (as so redesignated), in the first
sentence, by striking ``non-Federal public and private
entities'' and inserting ``non-Federal public entities, private
nonprofit entities, and other private entities''.
SEC. 3. RETENTION OF RECREATION FEES.
(a) In General.--Section 210(b) of the Flood Control Act of 1968
(16 U.S.C. 460d-3(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Deposit into treasury account.--All fees collected
under this subsection shall--
``(A) be deposited in a special account in the
Treasury; and
``(B) be available for use, without further
appropriation, for the operation and maintenance of
recreation sites and facilities under the jurisdiction
of the Secretary of the Army, subject to the condition
that not less than 80 percent of fees collected at a
specific recreation site are utilized at that site.'';
and
(2) by adding at the end the following:
``(5) Supplement, not supplant.--Fees collected under this
subsection--
``(A) shall be in addition to annual appropriated
funding provided for the operation and maintenance of
recreation sites and facilities under the jurisdiction
of the Secretary of the Army; and
``(B) shall not be used as a basis for reducing
annual appropriated funding for those purposes.''.
(b) Special Accounts.--Amounts in the special account for the Corps
of Engineers described in section 210(b)(4) of the Flood Control Act of
1968 (16 U.S.C. 460d-3(b)(4)) (as in effect on the day before the date
of enactment of this Act) that are unobligated on that date shall--
(1) be transferred to the special account established under
section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C.
460d-3(b)(4)) (as amended by subsection (a)(1)); and
(2) be available to the Secretary for operation and
maintenance of any recreation sites and facilities under the
jurisdiction of the Secretary, without further appropriation.
<all>
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[From the U.S. Government Publishing Office]
[S. 1359 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1359
To create a safe harbor for insurers engaging in the business of
insurance in connection with a cannabis-related legitimate business,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Menendez (for himself, Mr. Paul, Mr. Tester, Mr. Daines, and Mr.
Merkley) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To create a safe harbor for insurers engaging in the business of
insurance in connection with a cannabis-related legitimate business,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clarifying Law Around Insurance of
Marijuana Act'' or the ``CLAIM Act''.
SEC. 2. SAFE HARBOR FOR INSURERS AND THE BUSINESS OF INSURANCE.
(a) Definitions.--In this Act:
(1) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(2) Cannabis product.--The term ``cannabis product'' means
any article that contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(3) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by the State or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(4) Federal agency.--The term ``Federal agency''--
(A) has the meaning given the term ``Executive
agency'' in section 105 of title 5, United States Code;
and
(B) includes a private attorney described in
section 3002(1)(B) of title 28, United States Code.
(5) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481); and
(B) includes--
(i) the business of insurance;
(ii) whether performed directly or
indirectly, the authorizing, processing,
clearing, settling, billing, transferring for
deposit, transmitting, delivering, instructing
to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating of
payments or funds, where such payments or funds
are made or transferred by any means, including
by the use of credit cards, debit cards, other
payment cards, or other access devices,
accounts, original or substitute checks, or
electronic funds transfers;
(iii) acting as a money transmitting
business that directly or indirectly makes use
of a depository institution in connection with
effectuating or facilitating a payment for a
cannabis-related legitimate business or service
provider in compliance with section 5330 of
title 31, United States Code, and any
applicable State law; and
(iv) acting as an armored car service for
processing and depositing with a depository
institution or a Federal Reserve bank with
respect to any monetary instruments, as defined
in section 1956(c) of title 18, United States
Code.
(6) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(8) Insurer.--The term ``insurer'' has the meaning given
the term in section 313(r) of title 31, United States Code.
(9) Manufacturer.--The term ``manufacturer'' means a person
or company who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(10) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
(b) Insurers.--A Federal agency may not--
(1) prohibit, penalize, or otherwise discourage an insurer
from engaging in the business of insurance in connection with--
(A) a cannabis-related legitimate business; or
(B) a State, political subdivision of a State, or
Indian Tribe that exercises jurisdiction over cannabis-
related legitimate businesses;
(2) terminate, cancel, or otherwise limit the policies of
an insurer solely because the insurer has engaged in the
business of insurance in connection with a cannabis-related
legitimate business;
(3) recommend, incentivize, or encourage an insurer not to
engage in the business of insurance in connection with a
policyholder, or downgrade or cancel the insurance and
insurance services offered to a policyholder solely because--
(A) the policyholder is--
(i) a manufacturer or producer; or
(ii) the owner, operator, or employee of a
cannabis-related legitimate business;
(B) the policyholder later becomes an employee,
owner, or operator of a cannabis-related legitimate
business; or
(C) the insurer was not aware that the policyholder
is an employee, owner, or operator of a cannabis-
related legitimate business; or
(4) take any adverse or corrective supervisory action on a
policy to--
(A) a cannabis-related legitimate business, solely
because the owner or operator owns or operates a
cannabis-related legitimate business;
(B) an employee, owner, or operator of a cannabis-
related legitimate business or service provider, solely
because the employee, owner, or operator is employed
by, owns, or operates a cannabis-related legitimate
business, as applicable; or
(C) an owner or operator of real estate or
equipment that is leased to a cannabis-related
legitimate business, solely because the owner or
operator of the real estate or equipment leased the
equipment or real estate to a cannabis-related
legitimate business, as applicable.
(c) Protections Under Federal Law.--With respect to engaging in the
business of insurance within a State, political subdivision of a State,
or Indian country that allows the cultivation, production, manufacture,
sale, transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or service
provider or who otherwise engages with a person in a transaction
permissible under State law related to cannabis, and the officers,
directors, and employees of that insurer may not be held liable
pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from such
business of insurance.
(d) Rule of Construction.--Nothing in this Act shall--
(1) require an insurer to engage in the business of
insurance in connection with a cannabis-related legitimate
business; or
(2) interfere with the regulation of the business of
insurance in accordance with the Act of March 9, 1945 (59 Stat.
33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the
``McCarran-Ferguson Act''), and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
SEC. 3. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the barriers to marketplace entry, including in
the licensing process, and the access to financial services for
potential and existing minority-owned and women-owned cannabis-related
legitimate businesses.
(b) Report.--The Comptroller General shall submit to Congress a
report--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
<all>
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"cosponsor"
]
] | <p><b>ISA Student Protection Act of 2023 </b></p> <p>This bill sets forth consumer protections and other requirements for educational income share agreements (ISAs). In an educational ISA, a provider credits or advances funding for a recipient's postsecondary education or other training; in turn, the recipient agrees to pay the provider a percentage of the recipient's future earnings over a set period of time. (The Department of Education currently considers educational ISAs as private education loans for the purposes of preferred lender arrangement disclosures.) </p> <p>Under the bill, the recipient is only obligated to pay back the provider if the recipient earns over a certain amount. The recipient's obligation to pay ends at the specified time even if the recipient does not pay back the full amount of the funding. Further, payments are limited to 20% of the recipient's income. Recipients earning under a certain threshold are exempt from payments. </p> <p>If a recipient files for bankruptcy, ISAs are not subject to the same undue hardship standard typical of student loan discharges, therefore making these agreements easier to discharge. The bill also applies current consumer loan protections to these agreements. A provider must make certain disclosures to the recipient before entering into an ISA, including how payments are calculated, the length of the agreement, and how these agreements compare to student loan options. </p> <p>The bill establishes the tax treatment of ISAs, including by exempting from taxable income the amounts received under an ISA. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 136 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 136
To provide a consumer protection framework necessary to support the
growth of accessible, affordable, and accountable financing options for
postsecondary education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Young (for himself, Mr. Warner, Mr. Rubio, and Mr. Coons)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To provide a consumer protection framework necessary to support the
growth of accessible, affordable, and accountable financing options for
postsecondary education, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``ISA Student
Protection Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
TITLE I--NEW CONSUMER PROTECTIONS SPECIFIC TO INCOME SHARE AGREEMENTS
Sec. 101. Prohibition on acceleration; treatment of early completion
mechanisms.
Sec. 102. Consumer protections for educational income share agreements.
Sec. 103. Discharge protections for ISA recipients.
Sec. 104. Limitation on amounts treated as income under educational
ISAs.
TITLE II--TAX TREATMENT OF INCOME SHARE AGREEMENTS
Sec. 201. Tax treatment.
TITLE III--DISCLOSURES APPLICABLE TO INCOME SHARE AGREEMENTS
Sec. 301. Disclosures.
Sec. 302. Required disclosures for income share agreements.
Sec. 303. Additional requirements for educational ISAs.
Sec. 304. Advertising of income share agreements.
TITLE IV--OTHER CLARIFICATIONS TO SUPPORT ISA PROGRAMS
Sec. 401. Treatment under securities laws.
Sec. 402. Treatment under bankruptcy laws.
Sec. 403. Consent to continuing release of taxpayer information under
educational ISAs and income share
agreements.
Sec. 404. Interplay with the Higher Education Act of 1965.
TITLE V--APPLYING EXISTING CONSUMER PROTECTIONS TO INCOME SHARE
AGREEMENTS
Sec. 501. Equal access to income share agreements.
Sec. 502. Prohibition on requiring preauthorized electronic fund
transfers under the Electronic Fund
Transfer Act.
Sec. 503. Treatment under the Fair Credit Reporting Act.
Sec. 504. Treatment under the Fair Debt Collection Practices Act.
Sec. 505. Treatment of educational income share agreements for purposes
of Military Lending Act.
Sec. 506. Treatment under the Servicemembers Civil Relief Act.
Sec. 507. Preservation of consumers' claims and defenses.
TITLE VI--RELATION TO OTHER LAWS
Sec. 601. Treatment under other laws.
Sec. 602. Relation to State law.
TITLE VII--ENFORCEMENT AND REPORTING
Sec. 701. Enforcement.
Sec. 702. Reporting requirement for the Bureau of Consumer Financial
Protection.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adverse action.--The term ``adverse action''--
(A) means a denial or revocation of rights under an
income share agreement, a change in the terms of an
existing income share agreement, or a refusal to grant
an income share agreement in substantially the amount
or on substantially the terms requested; and
(B) does not include a refusal to extend additional
disbursements or amounts financed under an income share
agreement under an existing income share agreement
arrangement if--
(i) the applicant is delinquent or
otherwise in default; or
(ii) such additional amounts would exceed a
previously established limit on the amount
financed.
(2) Amount financed.--The term ``amount financed'' means,
with respect to an income share agreement, the amounts credited
or advanced by the ISA provider to the ISA recipient or on
behalf of the ISA recipient.
(3) Annual percentage rate.--The term ``annual percentage
rate'' means the annual percentage rate described in section
1026.22(a) of title 12, Code of Federal Regulations.
(4) Applicant.--The term ``applicant'' means, with respect
to an income share agreement, any individual who applies to an
ISA provider directly or indirectly for an extension, renewal,
or continuation of an income share agreement and includes
applications for an additional amount exceeding a previously
established limit on the amount financed.
(5) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(6) Comparable loan.--The term ``comparable loan'' means,
with respect to an income share agreement, a loan that--
(A) has an amount financed, as described in section
1026.18(b) of title 12, Code of Federal Regulations,
that is equal to the total amount financed, as defined
in paragraph (2), for the income share agreement;
(B) has--
(i) the same disbursements or financing
dates, payment start date, and frequency of
payments as the income share agreement; and
(ii) an expected number of payments equal
to the ISA maximum number of payments; and
(C) is fully amortized over the ISA duration, with
substantially equal periodic payments of principal and
interest.
(7) Consumer.--The term ``consumer'' means a natural person
using an income share agreement for personal, family, or
household purposes.
(8) Consumer protection regulation.--The term ``consumer
protection regulation'' means a regulation that the Bureau is
authorized to prescribe under Federal consumer financial law,
as defined in section 1002 of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5481).
(9) Covered educational institution.--The term ``covered
educational institution''--
(A) means--
(i) an educational institution that would
be an institution of higher education, if such
determination was made without regard to the
institution's accreditation status; and
(ii) an institution-affiliated
organization, as defined in section 151 of the
Higher Education Act of 1965 (20 U.S.C. 1019);
and
(B) includes an agent, officer, or employee of the
institution of higher education or institution-
affiliated organization.
(10) Date of the isa.--The term ``date of the ISA'' means
the date that is the later of--
(A) the date on which the income share agreement is
signed by the ISA recipient and the ISA provider; or
(B) the date on which the income share agreement is
accepted by the ISA recipient and the ISA provider.
(11) Director.--The term ``Director'' means the Director of
the Bureau.
(12) Disbursement.--The term ``disbursement'', when used
with respect to an income share agreement, means the advance of
ISA financing to an ISA recipient or the advancing of ISA
financing to a third party on the ISA recipient's behalf.
(13) Educational isa; educational income share agreement.--
The term ``educational ISA'' or ``educational income share
agreement''--
(A) means an income share agreement that--
(i) is not made, insured, or guaranteed
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) or another
federally subsidized educational finance
program;
(ii) pays amounts to, or on behalf of, the
ISA recipient for--
(I) costs associated with a
postsecondary training program, or any
other program designed to increase the
individual's human capital,
employability, or earning potential
(and not limited to programs eligible
to participate under title IV of the
Higher Education Act of 1965 (20 U.S.C.
1070 et seq.));
(II) any personal expenses (such as
books, supplies, transportation, and
living costs) incurred by the
individual while enrolled in a program
described in subclause (I);
(III) any other costs or expenses
included in the definition of a
``qualified higher education expense'',
as defined in section 529(e)(3)(A) of
the Internal Revenue Code of 1986; and
(IV) the refinancing of loans or
income share agreements used for the
purposes described in subclauses (I)
through (III), and without regard as to
whether the income share agreement is
provided by the educational institution
that the ISA recipient attends; and
(B) does not include a loan, open-end credit, or
any loan or income share agreement that is secured by
real property or a dwelling.
(14) Education loan.--The term ``education loan'' means--
(A) a loan made, insured, or guaranteed under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.) or any other loan made, insured, or guaranteed
by the Federal Government; or
(B) a private education loan, as such term is
defined in section 140(a) of the Truth in Lending Act
(15 U.S.C. 1650(a)).
(15) Income.--The term ``income'' means the ISA Recipient's
income, as established in the income share agreement under
section 302(d)(8), subject to section 104.
(16) Income share agreement.--
(A) In general.--The term ``income share
agreement'' means a financial product whereby--
(i)(I) the ISA provider credits or advances
financing to the ISA recipient or to a third
party on behalf of the ISA recipient; or
(II) if the ISA provider is a merchant
financing the sale of goods or services to the
ISA recipient via the financial product, the
ISA provider credits the amount financed toward
the purchase of such goods or services;
(ii) the ISA recipient is obligated to make
periodic ISA payments (if any become due) to
the ISA provider in the future calculated based
upon and determined by the ISA recipient's
future income;
(iii) the ISA recipient's obligation to
make payments (if any become due) to the ISA
provider is conditional on the ISA recipient's
income exceeding the income threshold set in
the income share agreement;
(iv) there is an ISA duration after which
the obligation is complete regardless of how
much has been paid (as long as the ISA
recipient has paid any prior amounts due);
(v) the ISA provider and the ISA recipient
enter into an agreement that, as of the date of
the ISA, includes each element described in
clauses (i) through (iv); and
(vi) the agreement states that it is an
income share agreement and subject to this Act.
(B) Special rule.--If a provider offers a financial
product that meets the requirements of clauses (i)
through (v) but does not include the statement
described in clause (vi), then the financial product is
not an income share agreement and shall be considered
credit.
(17) Income threshold.--The term ``income threshold'' means
a fixed dollar amount that is the minimum income per payment
period that an ISA recipient is required to earn before the ISA
recipient is required to make a payment on an income share
agreement for such payment period.
(18) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(19) ISA duration.--The term ``ISA duration'' means the
maximum length of time during which the income of an ISA
recipient can be subject to an ISA payment (absent periods of
payment relief pause at the request of the ISA recipient).
(20) ISA financing.--The term ``ISA financing'' means the
disbursement of funds by an ISA provider under an income share
agreement.
(21) ISA maximum number of payments.--The term ``ISA
maximum number of payments'' means the maximum number of ISA
payments (during ISA payment periods in which the ISA
recipient's income is greater than the income threshold) that
an ISA recipient could be required to make.
(22) ISA payment.--The term ``ISA payment''--
(A) means the amount of an ISA recipient's periodic
payment obligation, based on the terms of the income
share agreement, during any payment period for which
the ISA recipient's income is greater than the income
threshold; and
(B) is calculated using the ISA payment calculation
method, based on the ISA recipient's income for the
specified period.
(23) ISA payment calculation method.--The term ``ISA
payment calculation method'' means the ISA percentage, or the
schedule of fixed dollar amounts based on the ISA recipient's
income for a payment period, that is used to calculate an ISA
recipient's ISA payment under the income share agreement.
(24) ISA payment window.--The ``ISA payment window'' means
the period during which the ISA recipient is required to make
ISA payments in periods where the ISA recipient's income is
greater than the income threshold for the income share
agreement.
(25) ISA percentage.--The term ``ISA percentage'' means a
percentage of income (or schedule of percentages of income
based on the ISA recipient's income in a given ISA payment
period) used to calculate an ISA recipient's ISA payment
pursuant to an income share agreement.
(26) ISA provider.--The term ``ISA provider'' means a
person that provides financing to an ISA recipient pursuant to
an income share agreement or, in the case of a person who is a
merchant financing the sale of goods or services to the ISA
recipient, the merchant.
(27) ISA recipient.--The term ``ISA recipient'' means a
consumer that receives financing from an ISA provider pursuant
to an income share agreement.
(28) Loan.--The term ``loan'' means a financial product
that--
(A) is credit, as defined in section 1026.2(a) of
title 12, Code of Federal Regulations;
(B) is not an income share agreement; and
(C) involves the advance of a sum of money to a
borrower under an obligation to repay the principal
with a corresponding right to defer payment of the
principal balance with or without interest.
(29) Loan comparison.--The term ``loan comparison'' means
the comparison table required under section 302(d)(9).
(30) Payment relief pause.--The term ``payment relief
pause'' means a period of time that--
(A) is requested by the ISA recipient during which
any payment obligation the ISA recipient would have is
suspended; and
(B) does not count toward an ISA recipient's ISA
payment window or ISA maximum number of payments.
(31) Person.--The term ``person'' means a natural person or
an organization, including a corporation, partnership,
proprietorship, association, cooperative, estate, trust, or
government unit.
(32) Poverty line.--The term ``poverty line'' has the
meaning given the term in section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902).
(33) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(34) State.--The term ``State'' means the several States of
the United States, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, American Samoa, the Virgin Islands,
the Northern Mariana Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
(35) State law.--The term ``State law'' means--
(A) any law, decision, rule, regulation, or other
action having the effect of a law of any State or any
political subdivision of a State, or any agency or
instrumentality of a State or political subdivision of
a State; and
(B) any law of the United States applicable only to
the District of Columbia.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 180 days after the date of enactment of this Act.
TITLE I--NEW CONSUMER PROTECTIONS SPECIFIC TO INCOME SHARE AGREEMENTS
SEC. 101. PROHIBITION ON ACCELERATION; TREATMENT OF EARLY COMPLETION
MECHANISMS.
(a) No Acceleration.--
(1) In general.--An ISA provider shall not include any
mechanism in an income share agreement that accelerates an
amount against an ISA recipient in the event of a default under
the income share agreement.
(2) Effect of acceleration clause.--Any agreement with an
acceleration mechanism described in paragraph (1) shall, for
purposes of all Federal law, be treated as credit under Federal
law and shall not be treated as an income share agreement.
(b) No Impact on Early Completion Mechanisms.--Notwithstanding
subsection (a)--
(1) an income share agreement may contain an early
completion provision that allows the ISA recipient to terminate
the income share agreement prior to any trigger terminating
further obligations under the income share agreement (such as a
total cap on payments due to the ISA provider or other rights
to partially or fully terminate further obligations under the
income share agreement) if the early completion provision is
optional to the ISA recipient and within the ISA recipient's
control; and
(2) such early completion mechanism shall not be treated as
a form of acceleration prohibited under subsection (a), an
early completion penalty, or a prepayment penalty.
SEC. 102. CONSUMER PROTECTIONS FOR EDUCATIONAL INCOME SHARE AGREEMENTS.
(a) Monthly Payment Affordability for Educational ISAs.--
(1) Maximum isa income obligation for educational isas.--An
ISA provider shall not enter into an educational ISA with an
ISA recipient if the ISA recipient would be committing more
than a total of 20 percent of the student's future income
toward the payment of such educational ISA and all other
educational ISAs of the ISA recipient.
(2) Self-certification.--In calculating the portion of a
student's future income for purposes of this subsection, the
ISA provider may rely on a self-certification from the ISA
recipient regarding the ISA recipient's outstanding educational
ISAs, as of the date of the agreement.
(3) Calculation methodology and requirements.--
(A) In general.--For the purposes of calculating
the portion of an ISA recipient's future income that
would be consumed by the educational ISA for which the
ISA recipient has applied and all other educational
ISAs of the ISA recipient as of the date of the
agreement, the ISA provider shall calculate the
aggregate future burden--
(i) in any case where the income threshold
of the educational ISA is less than the maximum
described in subparagraph (B), at hypothetical
future income levels from such income threshold
to such maximum, in increments of $10,000; and
(ii) in any case where the income threshold
of the educational ISA is equal to or greater
than such maximum, at such income threshold.
(B) Maximum.--The maximum described in this
subparagraph shall be the greater of--
(i)(I) for fiscal year 2023, $70,000; or
(ii) for fiscal year 2024 and each
subsequent fiscal year, the maximum for the
preceding fiscal year--
(I) increased by the percentage
increase in the consumer price index;
and
(II) rounded to the nearest $1,000;
and
(iii) in the case of an ISA recipient who
has (as of the date of the agreement), or has
applied for, an educational ISA that uses a
schedule of income percentages or a schedule of
fixed amounts as the ISA payment calculation
method, the highest income level referenced by
a schedule for any such educational ISA.
(C) Calculation.--
(i) In general.--The terms of an
educational ISA for which the ISA recipient has
applied cannot cause the student's aggregate
future burden (defined as the total amounts
expected to be due under all educational ISAs
of the ISA recipient as of the date of the
agreement, and all educational ISAs for which
the ISA recipient is applying) to exceed the
limit in paragraph (1) at any of the income
increments described in subparagraph (A).
(ii) Calculation method.--For the purpose
of calculating the percentage burden of an
educational ISA at a given future income level,
the ISA provider shall, as applicable, use--
(I) the income percentage that
would be applicable for the educational
ISA at such income level; or
(II) the fixed amount applicable
for the educational ISA at such income
level, divided by such income level.
(4) Protections during periods of low earnings.--
(A) In general.--The educational ISA shall provide
that when an ISA recipient has an income that is equal
to or below the income threshold of the educational
ISA, the ISA payment obligation is zero dollars.
(B) Threshold amount.--The income threshold for an
educational ISA shall be an amount such that the
difference between the ISA recipient's income for the
payment period, minus the subtraction of any ISA
obligation, is not less than 200 percent of the poverty
line for a single person (as defined in section 673 of
the Community Services Block Grant Act (42 U.S.C.
9902)), prorated for the payment period.
(5) Required payment relief pauses.--An educational ISA
shall offer not less than 3 months of voluntary payment relief
pauses (as long as the ISA recipient's current income at the
time of requesting the payment relief pause is equal to or less
than 400 percent of the poverty line) for a single individual)
for every 30 income-determined payments required under the
educational ISA.
(b) Ensuring Appropriate Risk Sharing for Educational ISAs.--The
payments required under an educational ISA for an individual with
income during the payment term that is less than or equal to 300
percent of the poverty line for a single individual, prorated for the
payment period, shall not exceed the payments on a comparable loan that
bears interest at a rate less than or equal to one-half of the annual
percentage rate of interest limitation under section 987(b) of title
10, United States Code.
(c) Limits on Duration of Educational ISA Obligation.--
(1) ISA maximum number of payments.--The ISA maximum number
of payments shall not exceed 240 monthly payments.
(2) ISA duration.--The ISA duration of an educational ISA
shall not exceed 360 months (except in the case of an extension
requested by the ISA recipient).
(d) Non-Interference.--An educational ISA shall not be construed to
give the contract holder any rights over an individual's actions other
than as provided in this Act.
SEC. 103. DISCHARGE PROTECTIONS FOR ISA RECIPIENTS.
(a) Permanent and Total Disability.--In any case where an ISA
recipient would be deemed totally and permanently disabled for purposes
of benefits administered by the Department of Veterans Affairs or the
Social Security Administration (determined without regard to whether
the recipient receives such benefits), all further obligations of the
ISA recipient under the income share agreement shall terminate, except
those accruing before the date such a determination would apply.
(b) Death.--Upon the death of an ISA recipient, all further
obligations of the ISA recipient under the income share agreement shall
terminate, except those obligations accruing before the ISA recipient's
date of death.
SEC. 104. LIMITATION ON AMOUNTS TREATED AS INCOME UNDER EDUCATIONAL
ISAS.
(a) In General.--For purposes of calculating the obligation of an
ISA recipient to make ISA payments under an educational ISA, the income
of the ISA recipient shall not include--
(1) the income of any child or dependent of the ISA
recipient;
(2) any item of income which is not included in the gross
income of the ISA recipient;
(3) any amount received from an individual retirement plan
(as defined in section 7701 of the Internal Revenue Code of
1986), a pension, or an annuity; or
(4) any social security benefit (as defined in section 86
of such Code).
(b) Estimating Income.--
(1) In general.--In the event that an ISA recipient fails
to provide income documentation as reasonably required by the
income share agreement, an ISA provider may assign an amount of
income to the participant and compute the monthly payment
amount for the participant by any of the following methods, to
the extent disclosed in the income share agreement:
(A) Assigning an income amount obtained from a
reasonably reliable third party or a consumer reporting
agency, as defined in section 603(f) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)).
(B) If the participant previously provided income
documentation or has had an income assigned in the
preceding 1-year period, assuming that such income has
increased by up to 10 percent, but such increase may
not be applied more than once per 1-year period.
(C) Contacting the employer of the participant, or
any person or entity reasonably believed to be the
employer of the participant, to obtain, verify, or
update the income information of the participant.
(D) Contacting the State revenue department or the
Internal Revenue Service to obtain the most recent
information available about the income of the
participant.
(E) For educational ISA providers, in any case
where the ISA provider has no prior history of income
information from the participant, assigning a
reasonable qualified income based on--
(i) the median income for individuals
working in the profession for which the
educational program of the participant was
intended to prepare the participant, as
determined by information published by the
Bureau of Labor Statistics or other reasonably
reliable publicly available data sources; or
(ii) the median income of participants who
attended the same or a reasonably comparable
covered educational program or course of study,
as determined by information published by the
Bureau of Labor Statistics or other reasonably
reliable publicly available data sources.
(2) Notification.--If an ISA provider assigns an income to
the income share agreement of a participant, the ISA provider--
(A) shall notify the participant in the monthly
billing statement, and in each billing statement
thereafter while the assigned income remains applicable
to the income share agreement of the participant, that
income has been assigned and of the rights of the
participant under this section;
(B) in any tax year for which the ISA provider has
made an assumption about an individual's income using
any of the methods described in paragraph (1) and if
the participant has authorized ongoing access to the
participant's return information under section 403,
shall request such information in each year of the
payment term;
(C) if the participant does provide income
information as reasonably required by the income share
agreement within 1 year of the date on which the ISA
provider notified the participant that assigned income
shall be applied to the income share agreement or if
the ISA provider receives updated income information
through return information authorized under section
403, then, within 15 days after the date on which the
ISA provider receives such information, shall--
(i) update each prior instance in which
assigned income was applied using such new
income information; and
(ii) reconcile any difference in amounts
owed by the participant based on those updates
to prior income; and
(D) if the participant provides income information
more than 1 year after the ISA provider first assigned
income to the income share agreement of the
participant, may, but shall not be obligated to, update
each prior instance in which assigned income was
applied using the income information provided by the
participant.
(3) Records retention.--An ISA provider that assigns income
to an income share agreement shall retain all applicable
records relating to the method and data sources used to make
such estimation for 3 years after the end of that income share
agreement.
TITLE II--TAX TREATMENT OF INCOME SHARE AGREEMENTS
SEC. 201. TAX TREATMENT.
(a) In General.--Subchapter B of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``PART XII--RULES RELATING TO QUALIFIED EDUCATIONAL INCOME SHARING
AGREEMENTS
``Sec. 293. Rules related to qualified educational ISAs.
``SEC. 293. RULES RELATED TO QUALIFIED EDUCATIONAL ISAS.
``(a) In General.--For purposes of this title, an educational ISA
shall not be treated as indebtedness.
``(b) Treatment of ISA Recipient.--
``(1) Income exclusion.--In the case of an individual--
``(A) In general.--Gross income shall not include
so much of the amount received under an educational ISA
as does not exceed amounts paid or credited to such
individual under such qualified educational ISA for
costs and expenses described in section
2(13)(A)(ii)(II) of the ISA Student Protection Act of
2023.
``(B) Difference in payments.--In any case in which
the amount provided to the individual under the
educational ISA exceeds the total payments made by the
individual under the educational ISA, gross income
shall not include the amount of such excess.
``(2) Certain amounts treated as interest on qualified
education loans.--
``(A) In general.--For purposes of section 221, the
amount described in subparagraph (B) with respect to
any educational ISA shall be treated as interest paid
by the taxpayer during the taxable year on a qualified
education loan.
``(B) Amount described.--The amount described in
this subparagraph with respect to any educational ISA
is, for any taxable year, the excess of--
``(i) amounts paid by the taxpayer to
another person under the terms of a qualified
educational ISA during such taxable year, over
``(ii) the excess of--
``(I) the aggregate amount received
under such qualified educational ISA
during such taxable year and all
preceding taxable years, over
``(II) the aggregate amounts paid
by the taxpayer to another person under
the terms of such qualified educational
ISA during all preceding taxable years.
``(3) Amounts treated as educational assistance.--For
purposes of section 127(c)(1)(B), amounts paid by an employer
in satisfaction of obligations of an employee under a qualified
educational ISA shall be treated in the same manner as a
payment of principal or interest on a qualified education loan.
``(c) Treatment of ISA Funder.--Gross income shall not include so
much of any amount received as a payment from a recipient under an
educational ISA funded by the taxpayer as does not exceed the excess
of--
``(1) the aggregate amount of financing provided by the
taxpayer under such educational ISA, over
``(2) the aggregate amount of such payments taken into
account under this subsection by the taxpayer for all preceding
taxable years.
``(d) Definitions.--For purposes of this section--
``(1) Educational isa.--The term `educational ISA' has the
meaning given such term under section 2 of the ISA Student
Protection Act of 2023.
``(2) Qualified educational isa.--The term `qualified
educational ISA' means an educational ISA that is extended for
expenses at an institution of higher education that
participates in a student financial assistance program under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.).''.
(b) Conforming Amendment.--The table of parts for subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``PART XII--Rules Relating to Qualified Educational Income Sharing
Agreements''.
TITLE III--DISCLOSURES APPLICABLE TO INCOME SHARE AGREEMENTS
SEC. 301. DISCLOSURES.
The following disclosures shall be provided to ISA recipients:
(1) In general.--An ISA provider (regardless of whether the
ISA provided is an educational ISA) shall provide, to any
individual that applies for or signs an income share agreement,
a written document that clearly and simply discloses the
information required by this Act.
(2) Application.--The provisions of this title shall not
apply to--
(A) income share agreements primarily for business,
commercial, or agricultural purposes;
(B) government or governmental agencies or
instrumentalities;
(C) organizations; or
(D) transactions for which the Bureau, by rule,
determines that coverage under the provisions of this
title are not necessary to carry out the purposes of
this title.
(3) Regulations.--Not later than 270 days after the date of
enactment of this Act, the Bureau shall prescribe regulations
to carry out the purposes of this title, which may contain such
additional requirements, classifications, differentiations, or
other provisions, and may provide for such adjustments and
exceptions for all or any class of transactions, as in the
judgment of the Bureau are necessary or proper to effectuate
the purposes of this title, to prevent circumvention or evasion
thereof, or to facilitate compliance therewith.
(4) Model disclosure forms and clauses.--
(A) In general.--Not later than 270 days after the
date of enactment of this Act, the Bureau shall publish
a model integrated disclosure for educational ISAs and
a model integrated disclosure for income share
agreements generally in order to facilitate compliance
with the disclosure requirements of this Act and aid
ISA recipients in understanding the transaction by
utilizing readily understandable language to simplify
the technical nature of the disclosures.
(B) Consideration.--In devising the disclosure
forms required under subparagraph (A), the Bureau shall
consider the use by ISA providers of data processing or
similar automated equipment.
(C) Rule of construction.--Nothing in this title
may be construed to require an ISA provider to use any
model form or clause published by the Bureau under this
section.
(D) Compliance.--An ISA provider shall be deemed to
be in compliance with the disclosure provisions of this
title with respect to other than numerical disclosures
if the ISA provider--
(i) uses any appropriate model form or
clause as published by the Bureau under this
section; or
(ii) uses any such model form or clause and
changes the form or clause by--
(I) deleting any information that
is not required under this title; or
(II) rearranging the format, if in
making such deletion or rearranging the
format, the ISA provider does not
affect the substance, clarity, or
meaningful sequence of the disclosure.
(5) Procedures applicable for adoption of model forms and
clauses.--Model disclosure forms and clauses under this section
shall be adopted by the Bureau after notice duly given in the
Federal Register and an opportunity for public comment in
accordance with section 553 of title 5, United States Code.
(6) Effective dates of regulations containing new
disclosure requirements.--
(A) In general.--Any regulation of the Bureau, or
any amendment or interpretation thereof, requiring any
disclosure which differs from the disclosures
previously required by this title or any regulation of
the Bureau promulgated under this title shall have an
effective date of that October 1 which follows by not
less than 6 months the date of promulgation, except
that the Bureau may at its discretion take interim
action by regulation, amendment, or interpretation to
lengthen the period of time permitted for ISA providers
to adjust their forms to accommodate new requirements
or shorten the length of time for ISA providers to make
such adjustments when the ISA provider makes a specific
finding that such action is necessary to comply with
the findings of a court or to prevent unfair or
deceptive disclosure practices.
(B) Compliance.--Notwithstanding subparagraph (A),
any ISA provider may comply with any such newly
promulgated disclosure requirements prior to the
effective date of the requirements.
(7) Deference.--Notwithstanding any power granted to any
Federal agency under this Act, the deference that a court
affords to the Bureau with respect to a determination made by
the Bureau relating to the meaning or interpretation of any
provision of this Act, shall be applied as if the Bureau were
the only agency authorized to apply, enforce, interpret, or
administer the provisions of this Act.
SEC. 302. REQUIRED DISCLOSURES FOR INCOME SHARE AGREEMENTS.
(a) Disclosures Requirements for All ISAs.--
(1) In general.--The ISA provider shall make the
disclosures required by this section clearly and conspicuously
in writing, in a form that the ISA recipient may retain.
(2) Electronic form.--The disclosures required by this
section may be provided to the ISA recipient in electronic form
in accordance with the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7001 et seq.).
(3) Other requirements.--The disclosures required by this
section shall--
(A) be grouped together;
(B) be segregated from anything that is not such a
disclosure; and
(C) only contain information directly related to
the disclosures required under this section.
(b) Use of Estimates.--If any information necessary for an accurate
disclosure is unknown to the ISA provider, the ISA provider shall make
the disclosure based on the best information reasonably available at
the time the disclosure is provided to the ISA recipient, and shall
state clearly that the disclosure is an estimate.
(c) Multiple ISA Providers, Multiple ISA Recipients.--
(1) Multiple isa providers.--In any case where an income
share agreement transaction involves more than one ISA
provider, only one set of disclosures shall be given and the
ISA providers shall agree among themselves which ISA provider
shall comply with the requirements that this title imposes on
any or all of the ISA providers.
(2) Multiple isa recipients.--In any case where an income
share agreement transaction has more than one ISA recipient,
the disclosures may be made to any ISA recipient whose income
will be used to calculate the ISA payments due to the ISA
provider.
(d) Content of Disclosures.--An ISA provider of an income share
agreement (regardless of whether the income share agreement is an
educational ISA) shall provide, to any person that applies for or signs
a consumer income share agreement, a written document that clearly and
simply discloses the following information:
(1) A statement that the income share agreement is not a
fixed payment installment loan, and that the amount the ISA
recipient will be required to pay under the income share
agreement may be more or less than the amount financed by the
ISA provider and will vary in proportion to the ISA recipient's
future income. An ISA provider may satisfy the requirements of
this paragraph by providing a table that compares periodic
payments under the income share agreement at different income
levels showing that payments vary with income, or that also
compares such periodic payments under the ISA at different
income levels with a loan product.
(2) In the case of an educational ISA, the following
statement: ``This income share agreement is not a grant or
scholarship. If your income is above the Income Threshold, you
will have to make payments under this income share
agreement.''.
(3) The following statement: ``Payments due under this
income share agreement are determined by your income. Your
payments are calculated using the ISA Payment Calculation
Method described in your ISA. The amount you pay may be more
than, equal to, or less than the amount financed.''.
(4) In a series of boxes or other device designed to
feature the following information more prominently than
elsewhere in the income share agreement disclosures, the
following information:
(A) The term ``Amount Financed'' and the dollar
amount of the amount funded, followed by a description
that states, ``The amount of funds you will receive or
that will be credited on your behalf.''.
(B) The term ``ISA Payment Calculation Method'' and
the following:
(i) In the case of an ISA payment
calculation method that is a percentage (or
schedule of percentages), such percentage (or
schedule of percentages) followed by a
description that states, ``The percentage of
your income used to calculate your ISA
Payment.'' and, if the ISA payment calculation
method is a schedule of percentages, an
explanation of where the ISA recipient can
learn more about how the ISA recipient's income
percentage is determined.
(ii) In the case of an ISA payment
calculation method that is a schedule of fixed
dollar amounts calculated based on the ISA
recipient's income for a payment period, the
schedule of fixed amounts (or a reference to
the location of the schedule in the ISA)
followed by a description that states, ``The
amount of your ISA Payment will vary based on
your income. See your ISA for more
information.''.
(C) The term ``Maximum Number of Income-Determined
Payments'' and the ISA maximum number of payments,
followed by a description that states, ``The maximum
number of ISA payments you will make when your income
is above the Income Threshold.''.
(D) The term ``Maximum Duration'' and the ISA
duration, followed by a description that states, ``The
maximum amount of time that you are required to make
income-determined payments, excluding any extensions
that you request.''.
(E) The term ``Income Threshold'' and the income
threshold for the income share agreement, followed by a
description that states, ``The minimum income you must
make in order to trigger a payment obligation under
this income share agreement. If your income is less
than or equal to this Income Threshold, you will not
owe any ISA payments for that period.''.
(5) A statement that during periods in which the ISA
recipient's income is not above the income threshold--
(A) the ISA recipient will not owe an ISA payment
for that period of time; and
(B) any such period of non-payment will not count
towards the ISA maximum number of payments but will
count toward the ISA duration.
(6) A statement that the obligations of the ISA recipient
under the income share agreement would be dischargeable in a
case under title 11, United States Code, in the same manner as
a loan that is not described in section 523(a)(8) of title 11,
United States Code.
(7) A description of the terms under which the obligations
of the ISA recipient under the income share agreement shall be
extinguished in advance of the full ISA duration.
(8) The definition of income to be used for purposes of
calculating the ISA recipient's obligation under the income
share agreement, subject to section 104(a).
(9) A comparison table that includes the following:
(A)(i) The amounts and number of ISA payments that
an ISA recipient would be required to pay under the
income share agreement at a range of annual income
levels stated as both a monthly and annual income
amount.
(ii) The income levels used in the disclosure under
this paragraph shall include, at a minimum, the
obligations for the ISA recipient--
(I) with no income;
(II) with income at the income threshold;
and
(III) for various income scenarios,
including, at a minimum, calculations at annual
incomes of $40,000, $60,000, $80,000, $100,000,
$125,000, $150,000, $175,000, and $200,000.
(iii) The comparison table under this paragraph
shall include the following statement: ``This table
assumes you have the same Income over the entire term
of your income share agreement. It does not take into
account changes in Income. Your Income will likely
change over time.''.
(B) The total of all ISA payments over the life of
the income share agreement that the ISA recipient will
have made in each of the income level scenarios
described in subparagraph (A).
(C) The amounts and number of payments, the total
of all payments, and the annual percentage rate
required to be paid under one or more comparable loans,
including, at a minimum--
(i) if elected by the Bureau, a loan at a
fixed or variable rate and with a number of
payments determined by the Bureau to be an
approximation of the fixed or variable interest
rate available to ISA recipients in the private
marketplace;
(ii) for an educational ISA, a comparable
loan made under part D of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a
et seq.) (including subsidized and unsubsidized
scenarios), if the individual would be eligible
for such a loan; and
(iii) for an income share agreement that is
not an educational ISA, a loan or loans that
the ISA provider believes, in good faith,
represents other alternative loan options
available for the ISA recipient.
(10) A statement of the intent of the ISA provider to
engage in an annual process of reconciliation to determine if
the ISA recipient's ISA payments for the preceding year are
more than, equal to, or less than the ISA payments owed under
the income share agreement, including--
(A) a description of the process in which the ISA
recipient must participate in order for the ISA
provider to verify the ISA recipient's income; and
(B) a description of any tax records or forms that
the ISA recipient must execute or that the ISA provider
intends to submit to the Internal Revenue Service.
(11) A disclosure of the following items, to the extent
applicable:
(A) The amount that is or will be paid directly to
the ISA recipient.
(B) The amount that is or will be credited to the
ISA recipient's account to discharge obligations owed
to the ISA provider.
(C) Each amount that is or will be paid to third
persons by the ISA provider on the ISA recipient's
behalf, together with an identification of or reference
to the third person.
(D) The total amount of any charges that will be
paid by the ISA recipient before or at the time of the
consummation of the transaction, or have been withheld
from the proceeds of the income share agreement.
(12) The name and mailing address of the ISA provider.
(13) A payment schedule that--
(A) shows the date upon which the first ISA payment
is expected to be due or, if such date is not
reasonably knowable--
(i) an estimated date using the best
information available to the ISA provider; or
(ii) a statement of the events that will
trigger the first payment; and
(B) reflects each date thereafter during the ISA
duration that an ISA payment may be due.
(e) Additional Disclosure Elements.--The Director may, through a
rulemaking process--
(1) add additional items to be disclosed under subsection
(d) if consumer testing shows those elements would help
consumers better understand the nature of the ISA obligation or
better compare it with other products; and
(2) require that additional income scenarios be included in
the comparison table under paragraph (9)(A)(ii)(III), taking
into account the income levels the ISA recipient might
reasonably be expected to make given the intended use of the
funds provided under the income share agreement, except in no
case shall the number of scenarios exceed 20.
SEC. 303. ADDITIONAL REQUIREMENTS FOR EDUCATIONAL ISAS.
(a) Additional Disclosure Timing Rules for Educational ISAs.--The
following additional provisions apply to any income share agreement
that is an educational ISA:
(1) Application and solicitation.--
(A) In general.--The ISA provider of an educational
ISA that is to be used solely for postsecondary
educational expenses shall provide the disclosures
described in subsection (b)(1) with any application or
solicitation for the educational ISA. For purposes of
this section, the term ``solicitation'' means an offer
of an income share agreement that does not require the
potential ISA recipient to complete an application.
(B) Telephone applications or solicitations.--In
the case of a telephone application or solicitation for
an educational ISA, the ISA provider shall provide the
disclosure by, at its option--
(i) disclosing orally the information
described in subsection (b)(1); or
(ii) mailing a copy of the disclosure
described in subsection (b)(1) not later than 3
business days after the potential ISA recipient
has applied for the educational ISA.
(C) Special rule.--For an income share agreement
that the ISA recipient may use for multiple purposes
including postsecondary educational expenses, the ISA
provider need not provide the disclosures required
under subsection (b)(1) in the application or
solicitation.
(2) Approval disclosures.--The ISA provider shall provide
the disclosures required by subsection (b)(2) before
consummation on, or with any notice of approval provided to the
applicant for, an educational ISA. If the ISA provider mails
notice of approval, the disclosures shall be mailed with the
notice. If the ISA provider communicates notice of approval by
telephone, the ISA provider shall mail the disclosures not
later than 3 business days after providing the notice of
approval. If the ISA provider communicates notice of approval
electronically, the ISA provider shall provide the disclosure,
at its option, either in electronic form in accordance with the
requirements of this title or by mailing the disclosure not
later than 3 business days after communicating the notice of
approval. If the ISA provider communicates approval in person,
the ISA provider shall provide the disclosures to the applicant
for an income share agreement at that time.
(3) Final disclosures.--The disclosures required by
subsection (b)(3) shall be provided after the ISA recipient
accepts the income share agreement.
(4) Receipt of mailed disclosures.--If a disclosure under
paragraph (1), (2), or (3) is mailed to the potential ISA
recipient or ISA recipient, as the case may be, the potential
ISA recipient or ISA recipient shall be deemed to have received
the disclosure 5 business days after the disclosure is mailed.
(5) Basis of disclosures and use of estimates in
educational isas.--
(A) Legal obligation.--Disclosures shall reflect
the terms of the legal obligation between the parties.
(B) Estimates.--If any information necessary for an
accurate disclosure is unknown to the ISA provider, the
ISA provider shall make the disclosure based on the
best information reasonably available at the time the
disclosure is provided, and shall state clearly that
the disclosure is an estimate.
(6) Effect of subsequent events.--
(A) Approval disclosures.--If a disclosure made
under paragraph (2) becomes inaccurate because of an
event that occurs after the ISA provider delivers the
required disclosures, the inaccuracy is not a violation
of this Act, although new disclosures may be required
in accordance with this title.
(B) Final disclosures.--If a disclosure under
paragraph (3) becomes inaccurate because of an event
that occurs after the creditor delivers the required
disclosures, the inaccuracy is not a violation of this
Act.
(b) Additional Disclosures for Educational ISAs.--In addition to
the other disclosure requirements of this title, an ISA provider of an
educational ISA shall provide the disclosures required under this
subsection as follows:
(1) Application and solicitation disclosure.--On or with a
solicitation or an application for an educational ISA, an ISA
provider shall disclose the following:
(A) ISA payment calculation method.--
(i) The ISA payment calculation method that
applies to the educational ISA and actually
offered by the ISA provider at the time of
application or solicitation. If the ISA payment
calculation method will depend, in part, on a
later determination of the ISA recipient's
creditworthiness or other factors, a statement
that the ISA payment calculation method for
which the ISA recipient may qualify will depend
on the ISA recipient's creditworthiness and
other factors, if applicable.
(ii) In the case of an ISA payment
calculation method that is based on a schedule
of percentages--
(I) an explanation of how the
schedule of percentages is calculated
using percentages of income based on
the ISA recipient's income; and
(II) the timing for recalculation
of the ISA recipient's payments under
the schedule of percentages.
(iii) In the case of an ISA payment
calculation method that is based on a schedule
of fixed amounts that an ISA recipient is
required to pay that is calculated based on the
ISA recipient's income for a payment period--
(I) an explanation of how the
schedule of fixed amounts is calculated
using fixed amounts based on the ISA
recipient's income; and
(II) the timing for recalculation
of the ISA recipient's payments under
the schedule of fixed amounts.
(B) Fees and default or late payment costs.--
(i) An itemization of the fees or range of
fees required to obtain the educational ISA.
(ii) Any fees or other penalties based on
the ISA recipient's default or late payment.
(C) Payment terms.--
(i) The ISA duration, or range of ISA
durations, offered by the ISA provider.
(ii) A description of any payment deferral
options.
(D) Cost estimates.--Using the highest dollar
amount or percentage applicable under the ISA payment
calculation method described in subparagraph (A)(i) and
using an amount financed of $10,000, or $5,000 if the
ISA provider only offers income share agreements of
this type for less than $5,000, the loan comparison
based on these assumptions.
(E) Eligibility.--Any age or school enrollment
eligibility requirements relating to the ISA recipient.
(F) Alternative to income share agreements.--
(i) With respect to an educational ISA that
might be used for postsecondary expenses at an
institution of higher education that
participates in a student financial assistance
program under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.)--
(I) a statement the ISA recipient
may qualify for Federal student
financial assistance through a program
under such title; and
(II) the interest rates for each
program of financial assistance
available under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070
et seq.) and information regarding
whether the rates for the loans
available under such title are fixed or
variable.
(ii) If applicable to the student's
circumstances, a statement that the ISA
recipient may obtain additional information
concerning Federal student financial assistance
from the institution of higher education that
the student attends, or at the website of the
Department of Education, including an
appropriate website address for the Department.
(iii) A statement that an institution of
higher education may have school-specific
education loan benefits and terms not detailed
on the disclosure form.
(G) Rights of the consumer.--A statement that if
the application for the educational ISA is approved by
the ISA provider, the terms of the educational ISA will
be available and will not change for 30 days except as
a result of adjustments to the ISA payment calculation
method, ISA duration, or ISA maximum number of payments
and other changes permitted by law.
(H) Self-certification information.--A statement
that, before the educational ISA may be consummated,
the ISA recipient must complete the self-certification
form and that the form may be obtained from the
institution of higher education that the student
attends.
(I) Overall educational finance obligation
notice.--The following statement: ``IMPORTANT NOTICE
REQUIRED BY LAW: Students are cautioned to consider
carefully entering into this Income Share Agreement if
their total future payment commitment, including any
other forms of education finance, may exceed 20 percent
of their expected future income. Your total future
obligation may exceed this percentage if you have
received additional education financing, including
other income share agreements, Department of Education
Direct or FFEL Loans, or private education loans.''.
(2) Disclosures upon approval of an isa.--Upon approval of
an educational ISA by an ISA provider, the ISA provider shall
disclose the information required under section 302(d) and the
following information:
(A) ISA payment calculation method.--
(i) The ISA payment calculation method that
applies to the educational ISA.
(ii) In the case of an ISA payment
calculation method that is based on a schedule
of percentages--
(I) an explanation of how the
schedule of percentages is calculated
using percentages of income based on
the ISA recipient's income; and
(II) the timing for recalculation
of the ISA recipient's payments under
the schedule of percentages.
(iii) In the case of an ISA payment
calculation method that is based on a schedule
of fixed amounts that an ISA recipient is
required to pay based on the ISA recipient's
income for a payment period--
(I) an explanation of how the
schedule of fixed amounts is calculated
using fixed amounts based on the ISA
recipient's income; and
(II) the timing for recalculation
of the ISA recipient's payments under
the schedule of fixed amounts.
(B) Fees and default or late payment costs.--
(i) An itemization of the fees or range of
fees required to obtain the educational ISA.
(ii) Any fees or other penalties based on
the ISA recipient's defaults or late payments.
(C) Payment terms.--
(i) The ISA duration, or range of ISA
durations, offered by the ISA provider.
(ii) A description of any payment deferral
options.
(D) Cost estimates.--The following disclosure shall
be made using the ISA payment calculation method, ISA
duration, and ISA maximum number of payments for which
the ISA recipient has been approved:
(i) The loan comparison based on these
assumptions.
(ii) A description of the payment deferral
option chosen by the ISA recipient, if
applicable, and any other payment deferral
options that the ISA recipient may elect at a
later time.
(iii) Any payments required while the ISA
recipient is enrolled at a covered educational
institution, based on the deferral option
chosen by the ISA recipient.
(E) Alternatives to private education income share
agreements, if applicable to the student.--In the case
of an educational ISA that may be used for education
expenses at an institution of higher education that
participates in the student financial assistance
programs under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), the following:
(i) A statement that the ISA recipient may
qualify for Federal student financial
assistance through a program under title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
(ii) The interest rates for each program of
financial assistance available under title IV
of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) and information regarding whether
the rates for the loans available under such
title are fixed or variable.
(iii) A statement that the ISA recipient
may obtain additional information concerning
Federal student financial assistance from the
institution of higher education that the
student attends, or at the website of the
Department of Education, including an
appropriate website address for the Department.
(F) Rights of the isa recipient.--
(i) A statement that the ISA recipient may
accept the terms of the income share agreement
until the last day of the acceptance period
described in subsection (d)(1).
(ii) The specific date on which the
acceptance period expires, based on the date
upon which the ISA recipient receives the
disclosures required under this paragraph for
the income share agreement.
(iii) A specification of the method or
methods by which the ISA recipient may
communicate acceptance.
(iv) A statement that, except for changes
to the ISA payment calculation method and other
changes permitted by law, the rates and terms
of the income share agreement may not be
changed by the ISA provider during the period
described in clause (i).
(G) Overall educational finance obligation
notice.--The following statement: ``IMPORTANT NOTICE
REQUIRED BY LAW: Students are cautioned to consider
carefully entering into this Income Share Agreement if
their total future payment commitment, including any
other forms of education finance, may exceed 20 percent
of their expected future income. Your total future
obligation may exceed this percentage if you have
received additional education financing, including
other income share agreements, Department of Education
Direct or FFEL Loans, or private education loans.''.
(3) Final disclosures.--After the ISA recipient has
accepted the income share agreement in accordance with
subsection (d)(1), the ISA provider shall disclose to the ISA
recipient the information required by this section and the
following information:
(A) ISA payment calculation method.--
(i) The ISA payment calculation method
applicable to the income share agreement.
(ii) In the case of an ISA payment
calculation method that is based on a schedule
of percentages--
(I) an explanation of how the
schedule of percentages is calculated
using percentages of income based on
the ISA recipient's income; and
(II) the timing for recalculation
of the ISA recipient's payments under
the schedule of percentages.
(iii) In the case of an ISA payment
calculation method that is based on a schedule
of fixed amounts that an ISA recipient is
required to pay based on the ISA recipient's
income for a payment period--
(I) an explanation of how the
schedule of fixed amounts is calculated
using fixed amounts based on the ISA
recipient's income; and
(II) the timing for recalculation
of the ISA recipient's payments under
the schedule of fixed amounts.
(B) Fees and default or late payment costs.--
(i) An itemization of the fees or range of
fees required to obtain the educational ISA.
(ii) Any fees or other penalties based on
the ISA recipient's defaults or late payments.
(C) Payment terms.--
(i) The ISA duration or range of ISA
durations offered by the ISA provider.
(ii) A description of any payment deferral
options.
(D) Cost estimates.--The following disclosure shall
be made using the ISA payment calculation method, ISA
duration, and ISA maximum number of payments for which
the ISA recipient has been approved:
(i) The loan comparison based on these
assumptions.
(ii) A description of the payment deferral
option chosen by the ISA recipient, if
applicable, and any other payment deferral
options that the ISA recipient may elect at a
later time.
(iii) Any payments required while the ISA
recipient is enrolled at a covered educational
institution, based on the deferral option
chosen by the ISA recipient.
(E) Cancellation rights.--
(i) A statement that--
(I) the ISA recipient has the right
to cancel the income share agreement,
without penalty, at any time before the
cancellation period under subsection
(e) expires; and
(II) the income share agreement
proceeds will not be disbursed until
after such cancellation period expires.
(ii) The specific date on which the
cancellation period expires and a statement
that the ISA recipient may cancel by that date.
(iii) A statement specifying--
(I) all methods by which the ISA
recipient may cancel; and
(II) if the ISA provider permits
cancellation by mail, that the ISA
recipient's mailed request will be
deemed timely if placed in the mail not
later than the cancellation date
specified in clause (ii).
(iv) The disclosures required by this
subparagraph shall be made more conspicuous
than any other disclosure required under this
section, except for the ISA payment calculation
method, ISA duration, ISA maximum number of
payments, amount financed, income threshold,
and the ISA provider's identity, which shall be
disclosed in accordance with the requirements
of section 302(d).
(F) Overall educational finance obligation
notice.--The following statement: ``IMPORTANT NOTICE
REQUIRED BY LAW: Students are cautioned to consider
carefully entering into this Income Share Agreement if
their total future payment commitment, including any
other forms of education finance, may exceed 20 percent
of their expected future income. Your total future
obligation may exceed this percentage if you have
received additional education financing, including
other income share agreements, Department of Education
Direct or FFEL Loans, or private education loans.''.
(c) Limitation on Educational ISAs.--
(1) Co-branding prohibited.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (2), an ISA provider, other than the
covered educational institution itself, shall not use
the name, emblem, mascot, or logo of a covered
educational institution, or other words, pictures, or
symbols identified with a covered educational
institution, in the marketing of educational ISAs in a
way that implies that the covered education institution
endorses the ISA provider's income share agreements.
(B) Special rule.--An ISA provider's marketing of
an educational ISA does not imply that the covered
education institution endorses the ISA provider's
income share agreements if the marketing includes a
clear and conspicuous disclosure, equally prominent and
closely proximate to the reference to the covered
educational institution, that the covered educational
institution does not endorse the ISA provider's income
share agreements and that the ISA provider is not
affiliated with the covered educational institution.
(2) Endorsed isa provider arrangements.--If an ISA provider
and a covered educational institution have entered into an
arrangement under which the covered educational institution
agrees to endorse the ISA provider's educational ISAs, and such
arrangement is not prohibited by other applicable law or
regulation, paragraph (1)(A) shall not apply as long as the
educational ISA marketing includes a clear and conspicuous
disclosure, equally prominent and closely proximate to the
reference to the covered educational institution, that the ISA
provider's income share agreements are not offered or made by
the covered educational institution, but are made by the ISA
provider.
(d) Educational ISA Recipient's Right To Accept.--
(1) Acceptance period.--The ISA recipient has the right to
accept the terms of an educational ISA at any time not later
than 30 calendar days following the date on which the ISA
recipient receives the disclosures required under subsection
(b)(2).
(2) Limitations on changes.--Except for changes permitted
under paragraph (3), the terms of the educational ISA that are
required to be disclosed under paragraphs (2) and (3) of
subsection (b) may not be changed by the ISA provider prior to
the earlier of--
(A) the date of disbursement of the income share
agreement; or
(B) the expiration of the 30-day period described
in paragraph (1), if the ISA recipient has not accepted
the income share agreement before within the period.
(3) Exceptions not requiring re-disclosure.--
(A) In general.--Notwithstanding paragraph (2),
nothing in this section shall prevent an ISA provider
of an educational ISA from--
(i) withdrawing an offer before
consummation of the transaction if the making
of the income share agreement would be
prohibited by law or if the ISA provider has
reason to believe that the ISA recipient has
committed fraud in connection with the income
share agreement application;
(ii) changing the ISA payment calculation
method and terms if the change will
unequivocally benefit the ISA recipient; or
(iii) reducing the amount funded based upon
a certification or other information received
from the covered educational institution, or
from the ISA recipient, indicating that the
student's cost of attendance has decreased or
the ISA recipient's other financial aid has
increased, except that, in such case, the ISA
provider may make corresponding changes to the
terms of the ISA payment calculation method,
ISA duration, and other terms only to the
extent that the ISA recipient would have
received the terms if the ISA recipient had
applied for the reduced amount financed.
(B) No new disclosures required.--If the ISA
provider changes the ISA payment calculation method or
terms of the income share agreement under this
paragraph, the ISA provider shall not be required to--
(i) provide the disclosures required under
subsection (b)(2) for the new income share
agreement terms; or
(ii) provide an additional 30-day period to
the ISA recipient to accept the new terms of
the income share agreement.
(4) Exceptions requiring re-disclosure.--
(A) In general.--Notwithstanding paragraphs (2) and
(3), nothing in this section prevents an ISA provider,
at its option, from changing the ISA payment
calculation method or terms of the income share
agreement to accommodate a specific request by the ISA
recipient, such as a request for a different repayment
option.
(B) Additional disclosures required.--If the ISA
provider changes the rate or terms of the income share
agreement under subparagraph (A), the ISA provider--
(i) shall provide the disclosures required
under subsection (b)(2) and shall provide the
ISA recipient the 30-day period to accept the
income share agreement, as required under
paragraph (1); and
(ii) shall not make further changes to the
income share agreement and terms of the loan,
except as specified in paragraph (3)(B).
(C) No further withdrawals or changes.--Except as
permitted under paragraph (3)(B), unless the ISA
recipient accepts the income share agreement offered by
the ISA provider in response to the ISA recipient's
request in accordance with subparagraph (A), the ISA
provider may not withdraw or change the ISA payment
calculation method or any terms of the income share
agreements for which the ISA recipient was approved
prior to the ISA recipient's request for a change in
income share agreement terms under this paragraph.
(e) Educational ISA Recipient's Right To Cancel.--The ISA recipient
may cancel an educational ISA, without penalty, until midnight of the
third business day following the date on which the ISA recipient
receives the disclosures required by subsection (b)(3). No funds may be
disbursed for an educational ISA until the 3-business-day period has
expired, absent exceptional circumstances necessitating disbursement
based on a request from the covered educational institution. In such a
case, the covered educational institution shall promptly, upon
cancellation by the student, refund the amounts to the ISA provider.
(f) Self-Certification Form.--For an educational ISA intended to be
used for the postsecondary educational expenses of a student while the
student is attending an institution of higher education, the ISA
provider shall obtain, from the ISA recipient or the institution of
higher education, the educational ISA certification form developed by
the Secretary under section 155 of the Higher Education Act of 1965 (20
U.S.C. 1019d), signed by the ISA recipient, in written or electronic
form, before consummating the educational ISA.
(g) Provision of Information by Preferred ISA Provider.--
(1) In general.--An ISA provider that has a preferred ISA
financing arrangement with a covered educational institution
shall, each year in accordance with paragraph (2), provide to
the covered educational institution the information required
under subsection (b)(1) for each type of educational ISA that
the ISA provider plans to offer to ISA recipients for students
attending the covered educational institution, for the period
beginning July 1 of the year in which the information is
provided and ending June 30 of the following year.
(2) Timing.--For each year of a preferred ISA provider
financing arrangement, the ISA provider shall provide the
information required under paragraph (1) by the later of--
(A) the first day of April; or
(B) the date that is 30 days after entering into,
or learning the ISA provider is a party to, a preferred
ISA provider arrangement.
SEC. 304. ADVERTISING OF INCOME SHARE AGREEMENTS.
(a) In General.--The restrictions on advertising of income share
agreements shall be consistent with the restrictions placed on
advertisements related to extensions of consumer credit as set forth in
chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.).
(b) Amendments to the Truth in Lending Act.--The Truth in Lending
Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 103(f) (15 U.S.C. 1602(f))--
(A) by striking ``means the'' and inserting
``means--
``(1) the'';
(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) for purposes of chapter 3, shall include an income
share agreement, as defined in section 2 of the ISA Student
Protection Act of 2023.'';
(2) in section 142 (15 U.S.C. 1662)--
(A) in the matter preceding paragraph (1), by
striking ``state'' and inserting ``state--'';
(B) in paragraph (1), by striking the period at the
end and inserting a semicolon;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) with respect to an income share agreement (as defined
in section 2 of the ISA Student Protection Act of 2023), that a
specific ISA payment calculation method, ISA duration, ISA
maximum number of payments, or income threshold (as those terms
are defined in such section 2) can be arranged unless the ISA
provider (as defined in such section 2) usually and customarily
arranges income share agreements pursuant to the terms so
advertised.''; and
(3) in section 144 (15 U.S.C. 1664), by adding at the end
the following:
``(f) Income Share Agreements.--
``(1) Definitions.--In this subsection, the terms `income
share agreement', `income threshold', `ISA duration', `ISA
maximum number of payments', and `ISA payment calculation
method' have the meanings given those terms in section 2 of the
ISA Student Protection Act of 2023.
``(2) Application.--This subsection shall apply to any
advertisement to aid, promote, or assist directly or indirectly
any income share agreement subject to the provisions of this
chapter.
``(3) Disclosure of key terms.--If any advertisement to
which this section applies states the ISA payment calculation
method, ISA duration, ISA maximum number of payments, income
threshold, or amounts of payments under an income share
agreement, the advertisement shall include the following:
``(A) The ISA payment calculation method.
``(B) The ISA duration.
``(C) The ISA maximum number of payments.
``(D) The income threshold.''.
TITLE IV--OTHER CLARIFICATIONS TO SUPPORT ISA PROGRAMS
SEC. 401. TREATMENT UNDER SECURITIES LAWS.
(a) Income Share Agreements Not Treated as Securities.--
(1) In general.--An income share agreement shall not be
treated as a security for purposes of the securities laws (as
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))), any similar State law, or any State law
that directly or indirectly prohibits, limits, or imposes
conditions, based on the merits of an offering or issuer of
securities, upon the offer or sale of any security.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to prevent an instrument that is collateralized by,
or serviced by the cash flows of, an income share agreement
from being treated as a security for purposes of any law
described in that paragraph.
(b) ISA Providers Making Income Share Agreements Excluded From
Investment Company Treatment.--Section 3(c) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)) is amended--
(1) in paragraph (4), by inserting ``income share
agreements (as that term is defined in section 2 of the ISA
Student Protection Act of 2023),'' after ``industrial
banking,''; and
(2) in paragraph (5)--
(A) in subparagraph (A), by inserting ``, including
purchasing or otherwise acquiring income share
agreements (as that term is defined in section 2 of the
ISA Student Protection Act of 2023)'' after
``services''; and
(B) in subparagraph (B), by inserting ``, including
making income share agreements (as defined in
subparagraph (A))'' after ``services''.
SEC. 402. TREATMENT UNDER BANKRUPTCY LAWS.
Section 523(a)(8) of title 11, United States Code, is amended, in
the matter preceding subparagraph (A), by striking ``for--'' and
inserting ``for, other than funds provided as part of an educational
ISA (as defined in section 2 of the ISA Student Protection Act of
2023)--''.
SEC. 403. CONSENT TO CONTINUING RELEASE OF TAXPAYER INFORMATION UNDER
EDUCATIONAL ISAS AND INCOME SHARE AGREEMENTS.
By not later than 180 days after the date of enactment of this Act,
the Secretary of the Treasury shall modify Treasury regulations and
guidance to provide for continuing consent to disclosure of an
individual's return information to an ISA provider (or the provider's
successor in interest) under an educational ISA or other income share
agreement, but only for periods relevant to, and only to the extent the
Secretary determines is necessary and appropriate in carrying out the
terms of, such educational ISA or income share agreement.
SEC. 404. INTERPLAY WITH THE HIGHER EDUCATION ACT OF 1965.
(a) Title IV Definitions.--
(1) In general.--Section 480 of the Higher Education Act of
1965 (20 U.S.C. 1087vv), as amended by section 702 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260; 134 Stat. 3191), is amended--
(A) in subsection (e)--
(i) in paragraph (2), by striking ``and''
after the semicolon;
(ii) in paragraph (3), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) any amount provided to the applicant, or on whose
behalf funds are disbursed, under an income share agreement, as
defined in section 2 of the ISA Student Protection Act of
2023.''; and
(B) in subsection (f)(1), by inserting ``amounts
provided to an individual, or on whose behalf the funds
are disbursed, under an income share agreement, as
defined in section 2 of the ISA Student Protection Act
of 2023,'' after ``income producing property,''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in section 702 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260; 134 Stat. 3191) and in accordance with section 701(b) of
such Act.
(b) Program Participation Agreements.--Section 487(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1094(d)(1)(D)) is amended--
(1) in clause (ii), by striking ``and'' after the
semicolon;
(2) in clause (iii), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(iv) in the case of educational income
share agreements (as such term is defined in
section 2 of the ISA Student Protection Act of
2023) made by a proprietary institution of
higher education, only the amount of ISA
payments (as defined in such section) received
during the applicable institutional fiscal
year, to the extent the amount of such payments
on the educational income share agreement does
not exceed the income share amount financed
under such educational income share
agreement;''.
(c) Preferred Lender Arrangement Definitions.--Section 151 of the
Higher Education Act of 1965 (20 U.S.C. 1019) is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6)
through (9) as paragraphs (4), (5), (6), and (9) through (12),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Educational isa.--The term `educational ISA' has the
meaning given the term in section 2 of the ISA Student
Protection Act of 2023.'';
(3) in paragraph (6), as redesignated by paragraph (1)--
(A) in subparagraph (A)(ii), by inserting ``or
educational ISAs'' after ``loans'';
(B) in subparagraph (B), by striking ``and'' after
the semicolon;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end of the following:
``(D) notwithstanding subparagraphs (A) and (B),
does not include any ISA provider with respect to any
educational ISA secured, made, or extended by such ISA
provider.'';
(4) by inserting after paragraph (6), as redesignated by
subparagraph (A), the following:
``(7) ISA provider.--The term `ISA provider' has the
meaning given the term in section 2 of the ISA Student
Protection Act of 2023.
``(8) ISA recipient.--The term `ISA recipient' has the
meaning given the term in section 2 of the ISA Student
Protection Act of 2023.''; and
(5) in paragraph (11)(A), as redesignated by paragraph
(1)--
(A) in the matter preceding clause (i), by
inserting ``or ISA provider'' after ``lender'';
(B) in clause (i), by inserting ``or an ISA
provider provides or otherwise issues educational
ISAs'' after ``loans''; and
(C) in clause (ii), by inserting ``or the
educational ISAs of the ISA provider'' after
``lender''.
(d) Responsibilities of Covered Institutions and ISA Providers
Regarding Preferred Lender Arrangements.--Section 152 of the Higher
Education Act of 1965 (20 U.S.C. 1019a) is amended--
(1) in the section heading, by striking ``and lenders'' and
inserting ``lenders, and isa providers'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) in the matter
preceding subclause (I), by
inserting ``or educational
ISAs'' after ``loans'';
(bb) in subclause (II)--
(AA) by striking
``section 151(3)(A)''
and inserting ``section
151(4)(A)''; and
(BB) by striking
``and'' at the end;
(cc) by redesignating
subclause (III) as subclause
(IV); and
(dd) by inserting after
subclause (II) the following:
``(III) the information required to
be disclosed pursuant to section
153(a)(2)(A)(i), for an educational ISA
that is offered pursuant to a preferred
lender arrangement of the institution
or organization to students of the
institution or families of such
students; and''; and
(II) in clause (ii)--
(aa) in the matter
preceding subclause (I)--
(AA) by striking
``subparagraph (C)''
and inserting
``subparagraph (D)'';
and
(BB) by inserting
``or educational ISAs''
after ``loans'';
(bb) in subclause (I), by
striking ``and'' after the
semicolon; and
(cc) by adding at the end
the following:
``(III) in the case of a covered
institution, the information described
in section 153(c) for each type of
educational ISA offered pursuant to a
preferred lender arrangement of the
institution to students of the
institution or the families of such
students; and
``(IV) in the case of an
institution-affiliated organization of
a covered institution, the information
in section 303(b)(1) of the ISA Student
Protection Act of 2023, for each type
of educational ISA offered pursuant to
a preferred lender arrangement of the
organization to students of such
institution or the families of such
students.'';
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) Educational isa disclosures.--A covered
institution, or an institution-affiliated organization
of such covered institution, that provides information
regarding an educational ISA from an ISA provider to a
prospective ISA recipient shall--
``(i) provide the prospective ISA recipient
with the information described in section
303(b)(1) of the ISA Student Protection Act of
2023 for such educational ISA;
``(ii) inform the perspective ISA recipient
that--
``(I) the prospective ISA recipient
may qualify for loans or other
assistance under title IV; and
``(II) the terms and conditions of
the loans made, insured, or guaranteed
under title IV may be more favorable
than the provisions of educational
ISAs; and
``(iii) ensure that information regarding
educational ISAs is presented in such a manner
as to be distinct from information regarding
loans that are made, insured, or guaranteed
under title IV.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Use of institution name.--A covered institution, or
an institution-affiliated organization of such covered
institution, that enters into a preferred lender arrangement
with a lender regarding private education loans or an ISA
provider regarding educational ISAs shall not agree to the
lender's or ISA provider's use of the name, emblem, mascot, or
logo of such institution or organization, or other words,
pictures, or symbols readily identified with such institution
or organization, in the marketing of private education loans or
educational ISAs to students attending such institution in any
way that implies that the loan or educational ISA is offered or
made by such institution or organization instead of the lender
or ISA provider.''; and
(C) by adding at the end the following:
``(4) Use of isa provider name.--A covered institution, or
an institution-affiliated organization of such covered
institution, that enters into a preferred lender arrangement
with an ISA provider regarding educational ISAs shall ensure
that the name of the ISA provider is displayed in all
information and documentation related to such educational
ISAs.''; and
(3) by adding at the end the following:
``(c) ISA Provider Responsibilities.--For each of an ISA provider's
educational ISAs, the ISA provider shall comply with the disclosure
requirements of sections 302 and 303 of the ISA Student Protection Act
of 2023.''.
(e) Disclosures for ISA Providers Participating in Preferred Lender
Arrangements.--Section 153 of the Higher Education Act of 1965 (20
U.S.C. 1019b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``section 151(3)(A)'' and inserting ``section
151(4)(A)''; and
(ii) by adding at the end the following:
``(C) Additional information for educational
isas.--
``(i) In general.--By not later than 180
days after the date of enactment of the ISA
Student Protection Act of 2023, the Secretary,
in coordination with the Bureau of Consumer
Financial Protection, shall determine the
minimum information that ISA providers, covered
institutions, and institution-affiliated
organizations of such covered institutions
participating in preferred lender arrangements
shall make available regarding educational
ISAs.
``(ii) Consultation and content of minimum
disclosures.--In carrying out clause (i), the
Secretary shall--
``(I) consult with students, the
families of such students,
representatives of covered institutions
(including financial aid
administrators, admission officers, and
business officers), representatives of
institution-affiliated organizations,
secondary school guidance counselors,
and ISA providers;
``(II) include, in the minimum
information under clause (i) that is
required to be made available, the
information required to be disclosed
under section 303 of the ISA Student
Protection Act of 2023; and
``(III) consider the merits of
requiring each covered institution, and
each institution-affiliated
organization of such covered
institution, with a preferred lender
arrangement to provide prospective ISA
recipients and the families of such ISA
recipients the following information
for each type of educational ISA
offered pursuant to such preferred
lender arrangement:
``(aa)(AA) The ISA payment
calculation method, the income
threshold, the ISA maximum
number of payments (or a range
of the ISA maximum number of
payments), the ISA payment
window (or a range of the ISA
payment windows), and the terms
and conditions of the
educational ISA for the next
award year.
``(BB) In this subclause,
the terms `income threshold',
`ISA maximum number of
payments', `ISA payment
calculation method', and `ISA
payment window' have the
meanings given the terms in
section 2 of the ISA Student
Protection Act of 2023.
``(bb) An itemization of
the fees or range of fees
required to obtain the
educational ISA.
``(cc) Any fees or other
penalties based on the ISA
recipient's defaults or late
payments.
``(dd) The annual or
aggregate maximum financed
amounts.
``(ee) The average financed
amounts provided by the ISA
provider to students who--
``(AA) graduated
from such institution
in the preceding year
with certificates,
undergraduate degrees,
graduate degrees, and
professional degrees,
as applicable; and
``(BB) obtained
educational ISAs of
such type from the ISA
provider for the
preceding year.
``(ff) The consequences for
the ISA recipient for
defaulting on an educational
ISA.
``(gg) Contact information
for the ISA provider.
``(hh) Other information
suggested by the persons and
entities with whom the
Secretary has consulted under
subclause (I).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``section 151(3)(A)'' and inserting
``section 151(4)(A), or to prospective
ISA recipients and the families of such
ISA recipients regarding educational
ISAs,''; and
(II) in clause (ii), by striking
``the model disclosure form'' and
inserting ``a model disclosure form'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``a model
disclosure form'' and inserting
``model disclosure forms''; and
(bb) by striking ``and
preferred lenders'' and
inserting ``preferred lenders,
and ISA providers'';
(II) in clause (i), by inserting
``ISA providers,'' after
``servicers,''; and
(III) in clause (ii)--
(aa) by striking ``format
to the form'' and inserting the
following: ``format to--
``(aa) with respect to
education loans, the form'';
(bb) by striking ``section
151(3)(A)'' and inserting
``section 151(4)(A)''; and
(cc) by adding at the end
the following:
``(bb) with respect to
educational ISAs, the form
developed by the Bureau of
Consumer Financial Protection
under section 301(4) of the ISA
Student Protection Act of 2023
in order to permit students and
the families of students to
easily compare educational
ISAs; and''; and
(iii) in subparagraph (C), by striking
``such model disclosure form'' and inserting
``the model disclosure forms described in
subparagraph (B)'';
(2) in subsection (b), by striking ``section 151(3)(A)''
each place the term appears and inserting ``section
151(4)(A)'';
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
``(c) Duties of ISA Providers.--Each ISA provider that has a
preferred lender arrangement with respect to educational ISAs with a
covered institution, or an institution-affiliated organization of such
covered institution, shall annually, by a date determined by the
Secretary, provide to such covered institution or such institution-
affiliated organization, and to the Secretary, the information the
Secretary requires pursuant to subsection (a)(2)(A)(i) for the
educational ISAs that the ISA provider plans to offer pursuant to such
preferred lender arrangement to students attending such covered
institution, or to the families of such students, for the next award
year.''; and
(5) in subsection (d), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``section 151(3)(A)'' and inserting
``section 151(4)(A) or educational
ISA''; and
(II) by adding at the end the
following:
``(iii)(I) in the case of a covered
institution, the information described in
subsection (c), for each type of educational
ISA offered pursuant to a preferred lender
arrangement of the institution to students of
the institution or the families of such
students; and
``(II) in the case of an institution-
affiliated organization of a covered
institution, the information described in
section 303(b)(1) of the ISA Student Protection
Act of 2023, for each type of educational ISA
offered pursuant to a preferred lender
arrangement of the organization to students of
such institution or the families of such
students.''; and
(ii) in subparagraph (B)--
(I) by inserting ``or ISA
provider'' after ``lender''; and
(II) by inserting ``or an
educational ISA'' after ``loan''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by
inserting ``or ISA provider'' after ``each
lender'';
(ii) in clause (i), by striking ``clauses
(i) and (ii)'' and inserting ``clauses (i)
through (iii), as applicable''; and
(iii) in clause (ii)--
(I) by inserting ``or ISA
provider'' after ``the lender''; and
(II) by inserting ``or educational
ISA'' after ``loan''.
(f) Self-Certification Form for Educational ISAs.--Section 155 of
the Higher Education Act of 1965 (20 U.S.C. 1019d) is amended--
(1) by striking the section heading and inserting the
following: ``self-certification forms for private education
loans or educational isas.'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``the self-certification
form'' and inserting ``a self-certification
form'';
(ii) by inserting ``and, in consultation
with the Director of the Bureau of Consumer
Financial Protection, a self-certification form
for educational ISAs that shall be used to
satisfy the requirements of section 303(f) of
the ISA Student Protection Act of 2023'' after
``Act''; and
(iii) by striking ``Such form'' and
inserting ``Each form''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``or
educational ISA, as applicable'' after
``loan''; and
(ii) in subparagraph (C), by inserting ``or
educational ISA, as applicable'' after
``loan''; and
(3) in subsection (b), by striking ``the form'' and
inserting ``a form''.
(g) Conforming Amendments.--Section 154 of the Higher Education Act
of 1965 (20 U.S.C. 1019c) is amended--
(1) in subsection (a)--
(A) by inserting ``for education loans'' after
``the model disclosure form''; and
(B) by striking ``section 151(3)(A)'' and inserting
``section 151(4)(A)''; and
(2) in subsection (b)(2), by inserting ``for education
loans'' after ``model disclosure form''.
TITLE V--APPLYING EXISTING CONSUMER PROTECTIONS TO INCOME SHARE
AGREEMENTS
SEC. 501. EQUAL ACCESS TO INCOME SHARE AGREEMENTS.
(a) Activities Constituting Discrimination.--It shall be unlawful
for any ISA provider to discriminate against any applicant, with
respect to any aspect of an income share agreement--
(1) on the basis of race, color, religion, national origin,
sex or marital status, or age (provided the applicant has the
capacity to contract);
(2) because all or part of the applicant's income derives
from any public assistance program (except for those excluded
from the definition of income established by the income share
agreement); or
(3) because the applicant has in good faith exercised any
right under this Act.
(b) Activities Not Constituting Discrimination.--It shall not
constitute discrimination for purpose of subsection (a) for an ISA
provider--
(1) to make an inquiry of the applicant's age or of whether
the applicant's income derives from any public assistance
program, if such inquiry is for the purpose of determining the
amount and probable continuance of income levels, credit
history, or other pertinent element of creditworthiness as
provided in regulations of the Bureau;
(2) to use any empirically derived credit system that
considers age if that system is demonstrably and statistically
sound in accordance with regulations of the Bureau, except that
in the operation of such a system, the age of an elderly
applicant may not be assigned a negative factor or value;
(3) to make an inquiry of, or to consider the age of, an
elderly applicant when the age of that applicant is to be used
by the creditor in the extension of credit in favor of the
applicant; or
(4) to use any empirically derived system that considers
the expected future income of an applicant to determine whether
to approve an application or to establish the financial and
other terms of an income share agreement, if that empirically
derived system is demonstrably and statistically sound and
reasonably designed such that approved applicants are all
reasonably expected to pay substantially similar effective
annual percentage rates as other similarly situated applicants,
except that in accordance with any regulations of the Bureau in
the operation of such a system to project an applicant's
expected future income, an ISA provider--
(A) may not consider an applicant's status as a
member or potential member of any of the classes
described in subsection (a);
(B) may consider an applicant's current employment
status, current debt and other financial obligations,
or current and past income (as of the date of
application); or
(C) in the case of educational ISAs, may consider
the historical income of consumers who have made
comparable progress toward the completion of the
educational program in which the applicant is or is
expected to be enrolled or toward a reasonably
comparable educational program.
(c) Additional Activities Not Constituting Discrimination.--It
shall not be a violation of subsection (a) for an ISA provider to
refuse to extend an income share agreement--
(1) that is offered pursuant to--
(A) any financial assistance program expressly
authorized by law for an economically disadvantaged
class of persons;
(B) any financial assistance program administered
by a nonprofit organization for its members or an
economically disadvantaged class of persons; or
(C) any special purpose financial assistance
program that--
(i) is carried out by a for-profit
organization to meet special social needs; and
(ii) meets standards prescribed in
regulations by the Bureau; or
(2) if the refusal is required by, or made pursuant to, a
program described in paragraph (1).
(d) Reason for Adverse Action; Procedure Applicable.--
(1) In general.--Not later than 30 days (or such longer
reasonable time as specified in regulations of the Bureau for
any class of income share agreement transaction) after the date
on which an ISA provider receives a completed application for
an income share agreement, the ISA provider shall notify the
applicant of--
(A) the action taken by the ISA provider with
respect to the application;
(B) in the case of an adverse action, a clear and
accurate disclosure of the applicant's right to a
written statement of reasons in accordance with
paragraph (2) within 60 days after receiving the notice
under this paragraph; and
(C) the identity of the person or office from which
the statement of reasons described in paragraph (2) may
be obtained.
(2) Statement of reasons.--
(A) In general.--Each applicant against which an
adverse action is taken shall be entitled to a written
statement from the applicable ISA provider regarding
the specific reasons for that adverse action, if the
request is made by the applicant not later than 60 days
after receiving the notice of an adverse action under
paragraph (1).
(B) Timing.--An ISA provider shall provide an
applicant with the statement of reasons under
subparagraph (A) by the date that is not more than 30
days after the date of the consumer's request.
(C) Oral statement.--Notwithstanding subparagraph
(A), the statement described in this paragraph may be
provided orally if the oral notification advises the
applicable applicant of the right of the applicant to
have the statement of reasons confirmed in writing,
upon written request by the applicant.
(D) Third-party request.--If a third party requests
that an ISA provider make a specific extension of an
income share agreement directly or indirectly to an
applicant, the statement under this paragraph may be
made directly by the ISA provider, or indirectly
through the third party, if the identity of the ISA
provider is disclosed.
(E) Verbal statements.--The requirements of this
paragraph may be satisfied by a verbal statement or
notification in the case of an ISA provider that acted
on not more than 150 applications during the calendar
year preceding the calendar year in which the
applicable adverse action is taken, as determined under
regulations of the Bureau.
(e) Regulations.--
(1) In general.--
(A) Issuance of regulations.--The Bureau shall
prescribe regulations to carry out the purposes of this
section.
(B) Contents.--The regulations prescribed under
subparagraph (A) may contain such classifications,
differentiation, or other provisions, and may provide
for such adjustments for any class of transactions, as
in the judgment of the Bureau are necessary or proper
to effectuate the purposes of this section, to prevent
circumvention or evasion of this section, or to
facilitate or substantiate compliance with this
section.
(2) Consistent with equal credit opportunity act.--In
prescribing regulations under paragraph (1), the Bureau shall
be guided by the Equal Credit Opportunity Act (15 U.S.C. 1691
et seq.) and part 1002 of title 12, Code of Federal
Regulations, or any successor regulations.
(3) Exempt transactions.--
(A) In general.--Subject to subparagraph (B), the
regulations prescribed under paragraph (1) may exempt
from the provisions of this section any class of
transactions that is not primarily for personal,
family, or household purposes, or any business or
commercial income share agreement or investment
contract made available by a financial institution,
except that a particular type of income share agreement
within such a class may be exempted only if the Bureau
makes an express finding that applying this section, or
of any provision of this section, to the income share
agreement would not contribute substantially to
effectuating the purposes of this section.
(B) Limitation.--An exemption granted under
subparagraph (A) shall be--
(i) for not longer than 5 years; and
(ii) extended only if the Bureau makes a
subsequent determination, in the manner
described by that subparagraph, that the
exemption remains appropriate.
(4) Maintenance of records.--Pursuant to the regulations
prescribed under paragraph (1), an entity making business or
commercial income share agreements shall maintain such records
or other data relating to those agreements as may be necessary
to evidence compliance with this section or enforce any action
pursuant to the authority of this section, except that in no
event shall those records or data be maintained for a period of
less than 1 year.
(5) Deference.--Notwithstanding any power granted to any
Federal agency under this section, the deference that a court
affords to a Federal agency with respect to a determination
made by that agency relating to the meaning or interpretation
of any provision of this section that is subject to the
jurisdiction of the agency shall be applied as if that agency
were the only agency authorized to apply, enforce, interpret,
or administer the provisions of this section.
(f) Enforcement.--The administrative enforcement of this section
shall be consistent with section 704 of the Equal Credit Opportunity
Act (15 U.S.C. 1691c) and the regulations implementing such section
704.
(g) Self-Testing and Self-Correction.--The incentives for self-
testing and self-correction under section 704A of the Equal Credit
Opportunity Act (15 U.S.C. 1691c-1), and the regulations implementing
such section 704A, shall apply to ISA providers offering income share
agreements.
(h) Applicability of Other Laws.--Section 705 of the Equal Credit
Opportunity Act (15 U.S.C. 1691d), and the regulations implementing
such section 705, shall apply to ISA providers offering income share
agreements in the same manner in which those provisions apply to
creditors offering loan products.
(i) Civil Liability.--Section 706 of the Equal Credit Opportunity
Act (15 U.S.C. 1691e), and the regulations implementing such section
706, shall apply to ISA providers offering income share agreements.
(j) Reports by Bureau and Attorney General.--
(1) In general.--Each year, the Bureau and the Attorney
General shall, respectively, submit to Congress reports
concerning the administration of the functions of the Bureau
and the Attorney General, respectively, under this section,
including such recommendations as the Bureau and the Attorney
General, respectively, determine necessary or appropriate.
(2) Additional information.--Each report of the Bureau
submitted under paragraph (1) shall include the assessment of
the Bureau of the extent to which compliance with the
requirements of this title is being achieved and a summary of
the enforcement actions taken by each of the agencies assigned
administrative responsibilities under subsection (f).
SEC. 502. PROHIBITION ON REQUIRING PREAUTHORIZED ELECTRONIC FUND
TRANSFERS UNDER THE ELECTRONIC FUND TRANSFER ACT.
Section 913(1) of the Electronic Fund Transfer Act (15 U.S.C.
1693k(1)) is amended by inserting ``, or the entering into an
educational ISA or an income share agreement (as those terms are
defined in section 2 of the ISA Student Protection Act of 2023) with a
consumer'' after ``a consumer''.
SEC. 503. TREATMENT UNDER THE FAIR CREDIT REPORTING ACT.
(a) In General.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following:
``(i) Income Share Agreement Information.--With respect to an
income share agreement (as that term is defined in section 2 of the ISA
Student Protection Act of 2023), a consumer report made by a consumer
reporting agency--
``(1) may include a description of the contract terms of
the income share agreement and, subject to subsection (a),
information with respect to amounts that are owed under the
income share agreement; and
``(2) may not include any speculation about future amounts
that may be owed under the income share agreement, including
the reporting of any payment caps or early termination
amounts.''.
(b) Regulations.--The Bureau shall promulgate regulations with
respect to the manner in which ISA providers may furnish, and consumer
reporting agencies may report, information regarding income share
agreements.
SEC. 504. TREATMENT UNDER THE FAIR DEBT COLLECTION PRACTICES ACT.
(a) In General.--Section 803 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692a) is amended--
(1) in paragraph (5), by inserting ``, including such an
obligation or alleged obligation arising out of an income share
agreement, as that term is defined in section 2 of the ISA
Student Protection Act of 2023'' before the period at the end;
and
(2) in paragraph (6), in the first sentence, by inserting
``, including an ISA provider (as defined in section 2 of the
ISA Student Protection Act of 2023),'' after ``means any
person''.
(b) Rules of Construction.--Nothing in this section, or the
amendments made by this section, may be construed for purposes of any
other Federal law as considering--
(1) income share agreements as debts, once the ISA
recipient owes any amounts to the ISA provider under the income
share agreement; or
(2) ISA providers as lenders, once the ISA recipient owes
any amounts to the ISA provider under the applicable income
share agreement.
SEC. 505. TREATMENT OF EDUCATIONAL INCOME SHARE AGREEMENTS FOR PURPOSES
OF MILITARY LENDING ACT.
Section 987 of title 10, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Treatment of Educational Income Share Agreements.--The
Secretary of Defense shall prescribe regulations to apply this section
to educational ISAs (as that term is defined in section 2 of the ISA
Student Protection Act of 2023), and an educational ISA shall be deemed
to meet the annual percentage rate of interest limitation under
subsection (b) of this section if the educational ISA, as applicable,
would meet the requirements of section 102(b) of such Act (related to
appropriate risk sharing) but with reference to the rate specified in
subsection (b) of this section.''.
SEC. 506. TREATMENT UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 3937)
is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following new
paragraph:
``(1) Educational income share agreement.--The term
`educational income share agreement' has the meaning given the
term `educational ISA' in section 2 of the ISA Student
Protection Act of 2023.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting before subsection (e), as redesignated by
paragraph (2), the following new subsection (d):
``(d) Educational Income Share Agreements.--
``(1) In general.--An educational income share agreement
shall be considered to be in compliance with the requirements
of subsection (a) if such agreement is compliant with the
requirements of section 102(b) of the ISA Student Protection
Act of 2023.
``(2) Interest rate.--In carrying out paragraph (1) of this
subsection, the interest rate referred to in section 102(b) of
such Act shall be deemed to be the rate of interest specified
in subsection (a) of this section.''.
SEC. 507. PRESERVATION OF CONSUMERS' CLAIMS AND DEFENSES.
(a) Application of Holder in Due Course Rule to Income Share
Agreements.--Beginning on January 1, 2024, for purposes of applying
part 433 of title 16, Code of Federal Regulations (commonly known as
the ``Holder in Due Course Rule'' or the ``Holder Rule''), the term
``consumer credit contract'', as defined in section 433.1 of such
title, shall include income share agreements that--
(1) involve the advancing of funds to, or on behalf of, a
consumer in return for the consumer's agreement to an income
share agreement; and
(2) are related, in whole or substantial part, to a
purchase of goods or services from a seller who--
(A) refers the consumer to the provider of the
income share agreement; or
(B) is affiliated with the provider of the income
share agreement by common control, contract, or
business arrangement.
(b) Disclosures.--In applying section 433.2 of title 16, Code of
Federal Regulations, to a consumer credit contract that is an income
share agreement described in subsection (a)--
(1) in lieu of the disclosure required under section
433.2(a) of title 16, Code of Federal Regulations, the contract
shall contain the following disclosure in at least 10 point,
bold face type:
``NOTICE
``ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO
ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT
AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED UNDER THE
INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE
AGREEMENT. ANY RECOVERY BY THE ISA RECIPIENT UNDER SUCH A CLAIM
OR DEFENSE SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT
UNDER THE INCOME SHARE AGREEMENT.''; and
(2) in lieu of the disclosure required under section
433.2(b) of title 16, Code of Federal Regulations, the contract
shall contain the following disclosure in at least 10 point,
bold face type:
``NOTICE
``ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO
ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT
AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED UNDER THE
INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE
AGREEMENT. ANY RECOVERY UNDER SUCH A CLAIM OR DEFENSE BY THE
ISA RECIPIENT SHALL NOT EXCEED AMOUNTS PAID BY THE ISA
RECIPIENT UNDER THE INCOME SHARE AGREEMENT.''.
TITLE VI--RELATION TO OTHER LAWS
SEC. 601. TREATMENT UNDER OTHER LAWS.
(a) Insurance and Wagering.--An income share agreement shall not be
treated as a contract for insurance, or as a betting or wagering
contract, under any Federal or State law, except in the case of a State
law that expressly states the law is intended to apply to income share
agreements as defined in this Act.
(b) Payments Not Considered Prepayments.--
(1) In general.--Any right that an ISA recipient may have
to pay an amount greater than the amount financed under an
income share agreement in order to extinguish the income share
agreement earlier than the ISA duration or ISA maximum number
of payments shall not be subject to any Federal or State law
with respect to prepayment penalties, as long as--
(A) the prepayment complies with the limitations on
income share agreements required under this Act and the
amendments made by this Act; and
(B) in the case of a State law, the State law does
not expressly state that the law is intended to apply
to income share agreements as defined in this Act.
(2) Nonapplicability.--An income share agreement under this
Act is not subject to the application of section 140(e) of the
Truth in Lending Act (15 U.S.C. 1650(e)), to the extent it
would be applicable to an income share agreement.
(c) Treatment of Educational ISAs.--
(1) Assignment of future wages for educational isas.--An
educational ISA shall be a valid, binding, and enforceable
contract, notwithstanding any State law limiting or otherwise
regulating assignments of future wages or other income, except
in the case of a State law that expressly states the law is
intended to apply to income share agreements as defined in this
Act.
(2) Preemption of state law with respect to usury and
interest rates for educational isas.--An educational ISA shall
not be subject to a State law with respect to usury, interest
rates, fees, and charges for credit, loans, credit or
installment sales, or a State law requiring that installment
payments be substantially equal in amount, except in the case
of a State law that expressly states the law is intended to
apply to income share agreements as defined in this Act.
(3) Preemption of state laws with respect to ability-to-
repay and licensing laws for educational isas.--An educational
ISA shall not be subject to a State law with respect to
``ability-to-repay'' requirements, and neither an ISA provider
issuing an educational ISA or its successor in interest, nor
any entity servicing any educational ISA on behalf of an ISA
provider or its successor in interest, shall be subject to any
State law with respect to licensing or registration, except in
the case of a State law that expressly states the law is
intended to apply to income share agreements, as defined in
this Act.
SEC. 602. RELATION TO STATE LAW.
(a) In General.--
(1) Rule of construction.--This Act, other than the
provisions of titles I and III and section 501, may not be
construed as annulling, altering, or affecting, or exempting
any person subject to the provisions of this Act from complying
with the statutes, regulations, orders, or interpretations in
effect in any State, except to the extent that any such
provision of law is inconsistent with the provisions of this
Act, and then only to the extent of the inconsistency.
(2) Greater protection under state law.--For purposes of
this subsection, a statute, regulation, order, or
interpretation in effect in any State is not inconsistent with
the provisions of this Act if the protection that such statute,
regulation, order, or interpretation affords to ISA recipients
or applicants is greater than the protection provided under
this Act. A determination regarding whether a statute,
regulation, order, or interpretation in effect in any State is
inconsistent with the provisions of this Act may be made by the
Bureau on its own motion or in response to a nonfrivolous
petition initiated by any interested person.
(b) Relation to Other Provisions of Enumerated Consumer Laws That
Relate to State Law.--No provision of this Act, except as provided in
titles I and III and section 501, shall be construed as modifying,
limiting, or superseding the operation of any provision of an
enumerated consumer law that relates to the application of a law in
effect in any State with respect to such enumerated consumer law.
(c) Additional Consumer Protection Regulations in Response to State
Action.--
(1) Notice of proposed rule required.--The Bureau shall
issue a notice of proposed rulemaking whenever a majority of
the States has enacted a resolution in support of the
establishment or modification of a consumer protection
regulation by the Bureau.
(2) Bureau considerations required for issuance of final
regulation.--Before prescribing a final regulation based upon a
notice issued under paragraph (1), the Bureau shall take into
account whether--
(A) the proposed regulation would afford greater
protection to consumers than any existing regulation;
(B) the intended benefits of the proposed
regulation for consumers would outweigh any increased
costs or inconveniences for consumers, and would not
discriminate unfairly against any category or class of
consumers; and
(C) a Federal banking agency has advised that the
proposed regulation is likely to present an
unacceptable safety and soundness risk to insured
depository institutions.
(3) Explanation of considerations.--The Bureau--
(A) shall include a discussion of the
considerations required in paragraph (2) in the Federal
Register notice of a final regulation prescribed
pursuant to this subsection; and
(B) whenever the Bureau determines not to prescribe
a final regulation, shall publish an explanation of
such determination in the Federal Register, and provide
a copy of such explanation to each State that enacted a
resolution in support of the proposed regulation, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, and the Committee on Financial Services of the
House of Representatives.
(4) Reservation of authority.--No provision of this
subsection shall be construed as limiting or restricting the
authority of the Bureau to enhance consumer protection
standards established pursuant to this Act in response to a
motion of the Bureau or in response to a request by any other
interested person.
(5) Rule of construction.--No provision of this subsection
shall be construed as exempting the Bureau from complying with
subchapter II of chapter 5 of title 5, United States Code.
TITLE VII--ENFORCEMENT AND REPORTING
SEC. 701. ENFORCEMENT.
(a) Enforcing Agencies.--Subject to subtitle B of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5511 et seq.), compliance
with the requirements imposed under this Act shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818) by the appropriate Federal banking agency, as
defined in section 3(q) of that Act (12 U.S.C. 1813(q)), with
respect to--
(A) national banks, Federal savings associations,
and Federal branches and Federal agencies of foreign
banks;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25A of the Federal Reserve Act (12 U.S.C.
601 et seq.); and
(C) banks and State savings associations insured by
the Federal Deposit Insurance Corporation (other than
members of the Federal Reserve System), and insured
State branches of foreign banks;
(2) the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
by the Director of the National Credit Union Administration,
with respect to any Federal credit union;
(3) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation, with respect to any air
carrier or foreign air carrier subject to that part;
(4) the Packers and Stockyards Act, 1921 (7 U.S.C. 191 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226)), by the Secretary of Agriculture, with respect to any
activities subject to that Act;
(5) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.),
by the Farm Credit Administration with respect to any Federal
land bank, Federal land bank association, Federal intermediate
credit bank, or production credit association;
(6) subtitle E of the Consumer Financial Protection Act of
2010 (12 U.S.C. 5561 et seq.), by the Bureau, with respect to
any person subject to this Act; and
(7) sections 21B and 21C of the Securities Exchange Act of
1934 (15 U.S.C. 78u-2, 78u-3), in the case of a broker or
dealer, other than a depository institution, by the Securities
and Exchange Commission.
(b) Violations of This Act Deemed Violations of Pre-Existing
Statutory Requirements; Additional Agency Powers.--For the purpose of
the exercise by any agency referred to in subsection (a) of its powers
under any Act referred to in that subsection, a violation of any
requirement imposed under this Act shall be deemed to be a violation of
a requirement imposed under that Act. In addition to its powers under
any provision of law specifically referred to in subsection (a), each
of the agencies referred to in that subsection may exercise, for the
purpose of enforcing compliance with any requirement imposed under this
Act, any other authority conferred on it by law.
(c) Overall Enforcement Authority of the Bureau of Consumer
Financial Protection.--Except to the extent that enforcement of the
requirements imposed under this Act is specifically committed to some
other Government agency under any of paragraphs (1) through (5) of
subsection (a), and subject to subtitle B of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5511 et seq.), the Bureau shall be
authorized to enforce such requirements. All of the functions and
powers of the Bureau under the Consumer Financial Protection Act of
2010 (12 U.S.C. 5301 et seq.) are available to the Bureau to enforce
compliance by any person with the requirements under this Act,
irrespective of whether that person is engaged in commerce or meets any
other jurisdictional tests under the Consumer Financial Protection Act
of 2010 (12 U.S.C. 5301 et seq.).
(d) Rules and Regulations.--The authority of the Bureau to issue
regulations under this Act does not impair the authority of any other
agency designated in this section to make rules respecting its own
procedures in enforcing compliance with requirements imposed under this
Act.
SEC. 702. REPORTING REQUIREMENT FOR THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
Not less than frequently than once every 5 years, the Director
shall submit to Congress a report that includes--
(1) information on the prevalence and utilization of
educational ISAs and income share agreements; and
(2) any other information pertaining to educational ISAs
and income share agreements that the Director determines is
appropriate.
<all>
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118S1360 | PFAS Exposure Assessment and Documentation Act | [
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
]
] | <p><strong>PFAS Exposure Assessment and Documentation Act</strong></p> <p>This bill requires the Department of Defense (DOD) to include in various health evaluations an assessment of whether a member of the Armed Forces has been exposed to perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS.</p> <p>Specifically, the bill requires DOD to ensure that any periodic health assessment, physical assessment for recently separated members, pre-deployment medical examination, post-deployment medical examination, and post-deployment health reassessment provided to a member of the Armed Forces includes an evaluation of whether the member has been exposed to PFAS or was based or stationed at a military installation with a known or suspected release of PFAS during the period the member was there.</p> <p>If any of the evaluations result in a positive determination of potential exposure to PFAS, DOD must provide blood testing during the evaluation to be included in the member's health record. </p> <p>DOD must pay for blood testing to determine and document potential exposure to PFAS for former members of the Armed Forces or family members of such members who lived at a location identified by DOD as having a known or suspected PFAS release during the time the individuals lived there.</p> <p>DOD must share results of the evaluations with the Department of Veterans Affairs and establish a registry of members of the Armed Forces who have been exposed to, or suspected to have been exposed to, PFAS. Members may elect to be excluded from the registry.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1360 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1360
To require the Secretary of Defense to include exposure to
perfluoroalkyl substances and polyfluoroalkyl substances in periodic
health assessments of members of the Armed Forces, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Shaheen introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to include exposure to
perfluoroalkyl substances and polyfluoroalkyl substances in periodic
health assessments of members of the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PFAS Exposure Assessment and
Documentation Act''.
SEC. 2. INCLUSION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC HEALTH
ASSESSMENTS.
(a) Periodic Health Assessment.--The Secretary of Defense shall
ensure that any periodic health assessment provided to a member of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a military installation
identified by the Department of Defense as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
(2) exposed to such substances, including by evaluating any
information in the health record of the member.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraph (D)''
and inserting ``subparagraph (E)'';
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment
of whether the member was--
``(i) based or stationed at a military installation
identified by the Department as a location with a known or
suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation; or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(E) An assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Department as a location with a known
or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which
the member was based or stationed at the military
installation; or
``(ii) exposed to such substances, including by
assessing any information in the health record of the
member.''.
SEC. 3. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED FORCES,
FORMER MEMBERS OF THE ARMED FORCES, AND THEIR FAMILIES TO
DETERMINE EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR
POLYFLUOROALKYL SUBSTANCES.
(a) Members of the Armed Forces.--
(1) In general.--If a covered evaluation of a member of the
Armed Forces results in a positive determination of potential
exposure to perfluoroalkyl substances or polyfluoroalkyl
substances, the Secretary of Defense shall provide to that
member, during that covered evaluation, blood testing to
determine and document potential exposure to such substances.
(2) Inclusion in health record.--The results of blood
testing of a member of the Armed Forces conducted under
paragraph (1) shall be included in the health record of the
member.
(b) Former Members of the Armed Forces and Family Members.--The
Secretary shall pay for blood testing to determine and document
potential exposure to perfluoroalkyl substances or polyfluoroalkyl
substances for any covered individual, at the election of the
individual, either through the TRICARE program for individuals
otherwise eligible for such program or through the use of vouchers to
obtain such testing.
(c) Definitions.--In this section:
(1) Covered evaluation.--The term ``covered evaluation''
means--
(A) a periodic health assessment conducted in
accordance with section 2(a);
(B) a separation history and physical examination
conducted under section 1145(a)(5) of title 10, United
States Code, as amended by section 2(b); and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by section 2(c).
(2) Covered individual.--The term ``covered individual''
means a former member of the Armed Forces or a family member of
a member or former member of the Armed Forces who lived at a
location (or the surrounding area of such a location)
identified by the Department of Defense as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
individual lived at that location (or surrounding area).
(3) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10, United
States Code.
SEC. 4. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR
POLYFLUOROALKYL SUBSTANCES.
(a) Sharing of Information.--The Secretary of Defense and the
Secretary of Veterans Affairs shall enter into a memorandum of
understanding providing for the sharing by the Department of Defense
with the Department of Veterans Affairs of the results of covered
evaluations regarding the exposure by a member of the Armed Forces to
perfluoroalkyl substances or polyfluoroalkyl substances.
(b) Registry.--
(1) Establishment.--The Secretary of Defense shall
establish a registry of members of the Armed Forces who have
been exposed to, or are suspected to have been exposed to,
perfluoroalkyl substances or polyfluoroalkyl substances.
(2) Inclusion in registry.--The Secretary shall include a
member of the Armed Forces in the registry established under
paragraph (1) if a covered evaluation of the member establishes
that the member--
(A) was based or stationed at a location identified
by the Department of Defense as a location with a known
or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which
the member was based or stationed at the location; or
(B) was exposed to such substances.
(3) Blood testing.--The results of any blood test conducted
under section 4(a) shall be included in the registry
established under paragraph (1) for any member of the Armed
Forces included in the registry.
(4) Election.--A member of the Armed Forces may elect not
to be included in the registry established under paragraph (1).
(c) Provision of Information.--The Secretary of Defense shall
provide to a member of the Armed Forces more information on
perfluoroalkyl substances and polyfluoroalkyl substances and the
potential impact of exposure to such substances if a covered evaluation
of such member establishes that the member--
(1) was based or stationed at a location identified by the
Department of Defense as a location with a known or suspected
release of perfluoroalkyl substances or polyfluoroalkyl
substances during the period in which the member was based or
stationed at the location; or
(2) was exposed to such substances.
(d) Rule of Construction.--Nothing in this section may be construed
to preclude eligibility of a veteran for benefits under the laws
administered by the Secretary of Veterans Affairs by reason of the
exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl
substances not being recorded in a covered evaluation.
(e) Covered Evaluation Defined.--In this section, the term
``covered evaluation'' means--
(1) a periodic health assessment conducted in accordance
with section 2(a);
(2) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by section 2(b); and
(3) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by section 2(c).
<all>
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118S1361 | A bill to amend the Agricultural Credit Act of 1978 to authorize the Secretary of Agriculture to provide for floodplain easement restoration and management, and for other purposes. | [
[
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"sponsor"
],
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1361 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1361
To amend the Agricultural Credit Act of 1978 to authorize the Secretary
of Agriculture to provide for floodplain easement restoration and
management, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Ernst (for herself and Mr. Bennet) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Credit Act of 1978 to authorize the Secretary
of Agriculture to provide for floodplain easement restoration and
management, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EMERGENCY WATERSHED PROGRAM FLOODPLAIN EASEMENT RESTORATION
AND MANAGEMENT.
Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203)
is amended--
(1) in subsection (a)--
(A) by striking the subsection designation and
heading and all that follows through ``The Secretary''
and inserting the following:
``(a) Authorizations.--
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Easement restoration.--The Secretary may provide
financial and technical assistance for restoring adapted
vegetative cover and the hydrologic functions and values of
wetlands on floodplain easements acquired under paragraph (1).
``(3) Easement management.--The Secretary shall have sole
discretion for entering into compatible-use agreements with
landowners and agreements with government agencies or
nongovernmental organizations to address maintenance and
management of the vegetative cover and wetlands restoration
measures on floodplain easements acquired under paragraph
(1).''; and
(2) in subsection (b), by striking the subsection
designation and heading and all that follows through the ``The
Secretary'' in the matter preceding subparagraph (A) of
paragraph (1) and inserting the following:
``(b) Modification and Termination of Floodplain Easements.--
``(1) In general.--The Secretary''.
<all>
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118S1362 | Transparency in CFPB Cost-Benefit Analysis Act | [
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
],
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"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1362 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1362
To amend the Consumer Financial Protection Act of 2010 to enhance
rulemaking requirements for the Bureau of Consumer Financial
Protection, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Kennedy (for himself, Mr. Hagerty, and Ms. Lummis) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Consumer Financial Protection Act of 2010 to enhance
rulemaking requirements for the Bureau of Consumer Financial
Protection, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in CFPB Cost-Benefit
Analysis Act''.
SEC. 2. TRANSPARENCY IN COST-BENEFIT ANALYSIS.
Section 1022(b) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5512(b)) is amended by adding at the end the following:
``(5) Additional rulemaking requirements.--
``(A) In general.--Each notice of proposed
rulemaking issued by the Bureau shall be published in
its entirety in the Federal Register and shall
include--
``(i) a statement of the need for the
proposed regulation;
``(ii) an examination of why the Bureau
must undertake the proposed regulation and why
the private market, State, local, or tribal
authorities cannot adequately address the
problem;
``(iii) an examination of whether the
proposed regulation is duplicative,
inconsistent, or incompatible with other
Federal regulations and orders;
``(iv) if the proposed regulation is found
to be duplicative, inconsistent, or
incompatible with other Federal regulations and
orders, a discussion of--
``(I) why the proposed regulation
is justified;
``(II) how the proposed regulation
can coexist with the existing
regulations; and
``(III) how the Bureau plans to
reduce the regulatory burden associated
with the duplicative, inconsistent, or
incompatible proposed regulation;
``(v) a quantitative and qualitative
assessment of all anticipated direct and
indirect costs and benefits of the proposed
regulation, including--
``(I) compliance costs for all
regulated entities, including small
businesses;
``(II) effects on economic
activity, efficiency, competition and
capital formation;
``(III) regulatory and
administrative costs of implementation;
and
``(IV) costs imposed on State,
local and tribal entities;
``(vi) an identification of reasonable
alternatives to the regulation, including
modification of an existing regulation;
``(vii) an analysis of the costs and
benefits, both quantitative and qualitative, of
any alternative identified pursuant to clause
(v);
``(viii) if the Bureau determines the
proposed regulation would increase costs for
small businesses, then the Bureau shall consult
the Office of Advocacy within the Small
Business Administration to determine ways to
minimize the effect of direct and indirect
costs imposed on small businesses by the
proposed regulation;
``(ix) if quantified net benefits of the
proposed action do not outweigh the quantified
net benefits of the alternatives, a
justification of the regulation;
``(x) if quantified benefits identified
pursuant to clause (iv) do not outweigh the
quantified costs of the regulation, a
justification of the regulation;
``(xi) an assessment of how the burden
imposed by the regulation will be distributed;
including whether consumers, or small
businesses will be disproportionately burdened;
and
``(xii) when feasible, and using
appropriate statistical techniques, a
probability distribution of the relevant
outcomes of the proposed regulation.
``(B) Assumptions and studies used.--With respect
to the information required to be included under
subparagraph (A), the Bureau will include--
``(i) a discussion of underlying
assumptions used as a basis for such
information; and
``(ii) a description of any studies or data
used in preparing such information, and whether
such studies were peer-reviewed.''.
<all>
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118S1363 | Repeal CFPB Act | [
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[
"L000577",
"Sen. Lee, ... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1363 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1363
To eliminate the Bureau of Consumer Financial Protection.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Cruz (for himself, Mr. Paul, Mr. Cramer, Mr. Barrasso, and Mr. Lee)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To eliminate the Bureau of Consumer Financial Protection.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal CFPB Act''.
SEC. 2. REPEAL.
The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.) is repealed, and the provisions of law amended or repealed by
that Act are restored or revived as if the Act had not been enacted.
<all>
</pre></body></html>
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