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118S1364 | Foreign Agents Disclosure and Registration Enhancement Act of 2023 | [
[
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"Sen. Grassley, Chuck [R-IA]",
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"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
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[
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"Sen. Cornyn, John [R-TX]",
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"G000359",
"Sen. G... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1364 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1364
To amend the Foreign Agents Registration Act of 1938 to provide the
Attorney General with greater authority to promote enforcement of
disclosure requirements for agents of foreign principals, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Grassley (for himself, Mr. Rubio, Mr. Young, Mr. Cornyn, Mr.
Graham, and Mr. Whitehouse) introduced the following bill; which was
read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Foreign Agents Registration Act of 1938 to provide the
Attorney General with greater authority to promote enforcement of
disclosure requirements for agents of foreign principals, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Agents Disclosure and
Registration Enhancement Act of 2023''.
SEC. 2. AUTHORIZING THE ATTORNEY GENERAL TO ISSUE CIVIL INVESTIGATIVE
DEMANDS TO PROMOTE ENFORCEMENT OF DISCLOSURE REQUIREMENTS
FOR AGENTS OF FOREIGN PRINCIPALS.
The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.)
is amended--
(1) by redesignating sections 9 through 14 as sections 10
through 15; and
(2) by inserting after section 8 the following:
``SEC. 9. CIVIL INVESTIGATIVE DEMANDS CONCERNING REGISTRATION OF AGENTS
OF FOREIGN PRINCIPALS.
``(a) Authority of the Attorney General.--
``(1) Authority described.--Whenever the Attorney General
or the Attorney General's designee has reason to believe that
any person may be in possession, custody, or control of any
documentary material, or may have any information, relevant to
an investigation under this Act, the Attorney General or
designee may, prior to the institution of a civil or criminal
proceeding by the United States thereon, issue in writing, and
cause to be served upon such person, a civil investigative
demand requiring such person to produce such documentary
material for inspection and copying or reproduction, to answer
in writing written interrogatories with respect to such
documentary material or information, to give oral testimony
concerning such documentary material or information, or to
furnish any combination of such material, answers, or
testimony. Whenever a civil investigative demand is an express
demand for any product of discovery, the Attorney General or
designee shall cause to be served, in any manner authorized by
this section, a copy of such demand upon the person from whom
the discovery was obtained and notify the person to whom such
demand is issued of the date on which such copy was served.
``(2) Limiting individuals who may serve as designees.--The
Attorney General may not designate any individual other than
the Assistant Attorney General for National Security or a
Deputy Attorney General to carry out the authority provided
under this section.
``(b) Contents and Deadlines.--
``(1) In general.--Each demand issued under subsection (a)
shall--
``(A) state the nature of the conduct constituting
the alleged violation of this Act that is under
investigation and the provision of this Act alleged to
be violated;
``(B) if such demand is for the production of
documentary material--
``(i) describe each class of documentary
material to be produced with such definiteness
and certainty as to permit such material to be
fairly identified;
``(ii) prescribe a return date for each
such class which will provide a reasonable
period of time within which the material so
demanded may be assembled and made available
for inspection and copying or reproduction; and
``(iii) identify the custodian to whom such
material shall be made available;
``(C) if such demand is for answers to written
interrogatories--
``(i) set forth with specificity the
written interrogatories to be answered;
``(ii) prescribe dates at which time
answers to written interrogatories shall be
submitted; and
``(iii) identify the custodian to whom such
answers shall be submitted; and
``(D) if such demand is for the giving of oral
testimony--
``(i) prescribe a date, time, and place at
which oral testimony shall be commenced;
``(ii) identify an investigator who shall
conduct the examination and the custodian to
whom the transcript of such examination shall
be submitted;
``(iii) specify that such attendance and
testimony are necessary to the conduct of the
investigation;
``(iv) notify the person receiving the
demand of the right to be accompanied by an
attorney and any other representative; and
``(v) describe the general purpose for
which the demand is being issued and the
general nature of the testimony, including the
primary areas of inquiry, which will be taken
pursuant to the demand.
``(2) Product of discovery.--Any civil investigative demand
issued under this section that is an express demand for any
product of discovery shall not be returned or returnable until
20 days after a copy of such demand has been served upon the
person from whom the discovery was obtained.
``(3) Date.--The date prescribed for the commencement of
oral testimony pursuant to a civil investigative demand issued
under subsection (a) shall be a date that is not less than 7
days after the date on which demand is received, unless the
Attorney General or the Attorney General's designee determines
that exceptional circumstances are present which warrant the
commencement of such testimony within a lesser period of time.
``(4) Notification.--The Attorney General shall not
authorize the issuance under this section of more than 1 civil
investigative demand for oral testimony by the same person
unless the person requests otherwise or unless the Attorney
General, after investigation, notifies that person in writing
that an additional demand for oral testimony is necessary.
``(c) Protected Material or Information.--
``(1) In general.--A civil investigative demand issued
under subsection (a) may not require the production of any
documentary material, the submission of any answers to written
interrogatories, or the giving of any oral testimony if such
material, answers, or testimony would be protected from
disclosure under--
``(A) the standards applicable to subpoenas or
subpoenas duces tecum issued by a court of the United
States in aid of a grand jury investigation; or
``(B) the standards applicable to discovery
requests under the Federal Rules of Civil Procedure, to
the extent that the application of such standards to
any such demand is appropriate and consistent with the
provisions and purposes of this Act.
``(2) Effect on other orders, rules, and laws.--Any such
demand that is an express demand for any product of discovery
supersedes any inconsistent order, rule, or provision of law
(other than this Act) preventing or restraining disclosure of
such product of discovery to any person. Disclosure of any
product of discovery pursuant to any such express demand does
not constitute a waiver of any right or privilege, including
without limitation any right or privilege which may be invoked
to resist discovery of trial preparation materials, to which
the person making such disclosure may be entitled.
``(d) Service; Jurisdiction.--
``(1) By whom served.--Any civil investigative demand
issued under subsection (a) may be served by an appropriate
investigator, or by a United States marshal or deputy marshal,
at any place within the territorial jurisdiction of any court
of the United States.
``(2) Service in foreign nations.--Any such demand or
petition filed under subsection (k) may be served upon any
person who is not to be found within the territorial
jurisdiction of any court of the United States, in such manner
as the Federal Rules of Civil Procedure prescribe for service
in a foreign country. To the extent that the courts of the
United States can assert jurisdiction over any such person
consistent with due process, the United States District Court
for the District of Columbia shall have the same jurisdiction
to take any action respecting compliance with this Act by any
such person that such court would have if such person were
personally within the jurisdiction of such court.
``(e) Service Upon Legal Entities and Natural Persons.--
``(1) Legal entities.--Service of any civil investigative
demand issued under subsection (a) or of any petition filed
under subsection (k) may be made upon a partnership,
corporation, association, or other legal entity by--
``(A) delivering a duly executed copy of such
demand or petition to any partner, executive officer,
managing agent, or general agent of the partnership,
corporation, association, or entity, or to any agent
thereof authorized by appointment or by law to receive
service of process on behalf of such partnership,
corporation, association, or entity;
``(B) delivering a duly executed copy of such
demand or petition to the principal office or place of
business of the partnership, corporation, association,
or entity to be served; or
``(C) depositing an executed copy of such demand or
petition in the United States mails by registered or
certified mail, with a return receipt requested, duly
addressed to such partnership, corporation,
association, or entity at its principal office or place
of business.
``(2) Natural persons.--Service of any such demand or
petition may be made upon any natural person by--
``(A) delivering a duly executed copy of such
demand or petition to the person to be served; or
``(B) depositing an executed copy of such demand or
petition in the United States mails by registered or
certified mail, with a return receipt requested, duly
addressed to such person at the person's residence or
principal office or place of business.
``(f) Proof of Service.--A verified return by the individual
serving any civil investigative demand under subsection (a) or any
petition filed under subsection (k) setting forth the manner of such
service shall be proof of such service. In the case of service by
registered or certified mail, such return shall be accompanied by the
return post office receipt of delivery of such demand.
``(g) Documentary Material.--
``(1) Sworn certificates.--The production of documentary
material in response to a civil investigative demand served
pursuant to this section shall be made under a sworn
certificate, in such form as the demand designates, by--
``(A) in the case of a natural person, the person
to whom the demand is directed; or
``(B) in the case of a person other than a natural
person, a person having knowledge of the facts and
circumstances relating to such production and
authorized to act on behalf of such person,
to the effect that all of the documentary material required by
the demand and in the possession, custody, or control of the
person to whom the demand is directed has been produced and
made available to the custodian.
``(2) Production of materials.--Any person upon whom any
civil investigative demand for the production of documentary
material has been served under this section shall make such
material available for inspection and copying to the
investigator identified in such demand at the principal place
of business of such person, or at such other place as the
investigator and the person thereafter may agree and prescribe
in writing, or as the court may direct under subsection (k)(1).
Such material shall be made so available on the return date
specified in such demand, or on such later date as the
investigator may prescribe in writing. Such person may, upon
written agreement between the person and the investigator,
substitute copies for originals of all or any part of such
material.
``(h) Interrogatories.--
``(1) Answers.--Each interrogatory in a civil investigative
demand served pursuant to this section shall be answered
separately and fully in writing under oath, and it shall be
submitted under a sworn certificate, in such form as the demand
designates, by--
``(A) in the case of a natural person, the person
to whom the demand is directed; or
``(B) in the case of a person other than a natural
person, the person or persons responsible for answering
each interrogatory.
``(2) Contents of certificates.--The certificate submitted
under paragraph (1) shall state that all information required
by the demand and in the possession, custody, control, or
knowledge of the person to whom the demand is directed has been
submitted. To the extent that any information is not furnished,
the information shall be identified and reasons set forth with
particularity regarding the reasons why the information was not
furnished.
``(3) Objections.--If any interrogatory is objected to, the
reasons for the objection shall be stated in the certificate
instead of an answer.
``(i) Oral Examinations.--
``(1) Procedures.--The examination of any person pursuant
to a civil investigative demand for oral testimony served under
this section shall be taken before an officer authorized to
administer oaths and affirmations by the laws of the United
States or of the place where the examination is held. The
officer before whom the testimony is to be taken shall put the
witness on oath or affirmation and shall personally, or by
someone acting under the direction of the officer and in the
officer's presence, record the testimony of the witness. The
testimony shall be taken stenographically and transcribed. When
the testimony is fully transcribed, the officer before whom the
testimony is taken shall promptly transmit a copy of the
transcript of the testimony to the custodian. This subsection
shall not preclude the taking of testimony by any means
authorized by, and in a manner consistent with, the Federal
Rules of Civil Procedure.
``(2) Persons present.--The investigator conducting the
examination shall exclude from the place where the examination
is held all persons except the person giving the testimony, the
attorney for and any other representative of the person giving
the testimony, the attorney for the Government, any person who
may be agreed upon by the attorney for the Government and the
person giving the testimony, the officer before whom the
testimony is to be taken, and any stenographer taking such
testimony.
``(3) Where testimony taken.--The oral testimony of any
person taken pursuant to a civil investigative demand served
under this section shall be taken in the judicial district of
the United States within which such person resides, is found,
or transacts business, or in such other place as may be agreed
upon by the investigator conducting the examination and such
person.
``(4) Transcript of testimony.--When the testimony is fully
transcribed, the investigator or the officer before whom the
testimony is taken shall afford the witness (who may be
accompanied by counsel) a reasonable opportunity to examine and
read the transcript, unless such examination and reading are
waived by the witness. Any changes in form or substance which
the witness desires to make shall be entered and identified
upon the transcript by the officer or the investigator with a
statement of the reasons given by the witness for making such
changes. The transcript shall then be signed by the witness,
unless the witness in writing waives the signing, is ill,
cannot be found, or refuses to sign. If the transcript is not
signed by the witness within 30 days after being afforded a
reasonable opportunity to examine it, the officer or the
investigator shall sign it and state on the record the fact of
the waiver, illness, absence of the witness, or the refusal to
sign, together with the reason, if any, given therefor.
``(5) Certification and delivery to custodian.--The officer
before whom the testimony is taken shall certify on the
transcript that the witness was duly sworn by the officer and
that the transcript is a true record of the testimony given by
the witness, and the officer or investigator shall promptly
deliver it or send it by registered or certified mail to the
custodian.
``(6) Furnishing or inspection of transcript by witness.--
Upon payment of reasonable charges therefor, the investigator
shall furnish a copy of the transcript to the witness only,
except that the Attorney General, or the Attorney General's
designee in accordance with this Act, may for good cause limit
such witness to inspection of the official transcript of the
witness's testimony.
``(7) Conduct of oral testimony.--
``(A) In general.--Any person compelled to appear
for oral testimony under a civil investigative demand
issued under subsection (a) may be accompanied,
represented, and advised by counsel. Counsel may advise
such person, in confidence, with respect to any
question asked of such person. Such person or counsel
may object on the record to any question, in whole or
in part, and shall briefly state for the record the
reason for the objection. An objection may be made,
received, and entered upon the record when it is
claimed that such person is entitled to refuse to
answer the question on the grounds of any
constitutional or other legal right or privilege,
including the privilege against self-incrimination.
Such person may not otherwise object to or refuse to
answer any question, and may not directly or through
counsel otherwise interrupt the oral examination. If
such person refuses to answer any question, a petition
may be filed in the district court of the United States
under subsection (k)(1) for an order compelling such
person to answer such question.
``(B) Compelled testimony.--If such person refuses
to answer any question on the grounds of the privilege
against self-incrimination, the testimony of such
person may be compelled in accordance with the
provisions of part V of title 18, United States Code.
``(8) Witness fees and allowances.--Any person appearing
for oral testimony under a civil investigative demand issued
under subsection (a) shall be entitled to the same fees and
allowances which are paid to witnesses in the district courts
of the United States.
``(j) Custodians of Documents, Answers, and Transcripts.--
``(1) Designation.--The Attorney General, or designee in
accordance with this Act, shall designate an investigator to
serve as custodian of documentary material, answers to
interrogatories, and transcripts of oral testimony received
under this section, and shall designate such additional
investigators as the Attorney General determines from time to
time to be necessary to serve as deputies of the custodian.
``(2) Responsibility for materials; disclosure.--
``(A) In general.--An investigator who receives any
documentary material, answers to interrogatories, or
transcripts of oral testimony under this section shall
transmit them to the custodian. The custodian shall
take physical possession of such material, answers, or
transcripts and shall be responsible for the use made
of them and for the return of documentary material
under paragraph (4).
``(B) Preparation.--The custodian may cause the
preparation of such copies of such documentary
material, answers to interrogatories, or transcripts of
oral testimony as may be required for official use by
any investigator, or other officer or employee of the
Department of Justice. Such material, answers, and
transcripts may be used by any such authorized
investigator or other officer or employee in connection
with the taking of oral testimony under this section.
``(C) No examination.--Except as otherwise provided
in this subsection, no documentary material, answers to
interrogatories, or transcripts of oral testimony, or
copies thereof, while in the possession of the
custodian, shall be available for examination by any
individual other than an investigator or other officer
or employee of the Department of Justice authorized
under subparagraph (B). The prohibition in the
preceding sentence on the availability of material,
answers, or transcripts shall not apply if consent is
given by the person who produced such material,
answers, or transcripts, or, in the case of any product
of discovery produced pursuant to an express demand for
such material, consent is given by the person from whom
the discovery was obtained. Nothing in this
subparagraph is intended to prevent disclosure to the
Congress, including any committee or subcommittee of
the Congress, or to any other agency of the United
States for use by such agency in furtherance of its
statutory responsibilities.
``(D) Examination by certain persons.--While in the
possession of the custodian and under such reasonable
terms and conditions as the Attorney General shall
prescribe--
``(i) documentary material and answers to
interrogatories shall be available for
examination by the person who produced such
material or answers, or by a representative of
that person authorized by that person to
examine such material and answers; and
``(ii) transcripts of oral testimony shall
be available for examination by the person who
produced such testimony, or by a representative
of that person authorized by that person to
examine such transcripts.
``(3) Use of material, answers, or transcripts in other
proceedings.--Whenever any attorney of the Department of
Justice has been designated to appear before any court, grand
jury, or Federal agency in any case or proceeding, the
custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony received
under this section may deliver to such attorney such material,
answers, or transcripts for official use in connection with any
such case or proceeding as such attorney determines to be
required. Upon the completion of any such case or proceeding,
such attorney shall return to the custodian any such material,
answers, or transcripts so delivered that have not passed into
the control of such court, grand jury, or agency through the
introduction thereof into the record of such case or
proceeding.
``(4) Conditions for return of material.--If any
documentary material has been produced by any person in the
course of any investigation pursuant to a civil investigative
demand under this section, and--
``(A) any case or proceeding before the court or
grand jury arising out of such investigation, or any
proceeding before any Federal agency involving such
material, has been completed; or
``(B) no case or proceeding in which such material
may be used has been commenced within a reasonable time
after completion of the examination and analysis of all
documentary material and other information assembled in
the course of such investigation,
the custodian shall, upon written request of the person who
produced such material, return to such person any such material
(other than copies furnished to the investigator under
subsection (g)(2) or made for the Department of Justice under
paragraph (2)(B) of this subsection) that has not passed into
the control of any court, grand jury, or agency through
introduction into the record of such case or proceeding.
``(5) Appointment of successor custodians.--
``(A) In general.--In the event of the death,
disability, or separation from service in the
Department of Justice of the custodian of any
documentary material, answers to interrogatories, or
transcripts of oral testimony produced pursuant to a
civil investigative demand under this section, or in
the event of the official relief of such custodian from
responsibility for the custody and control of such
material, answers, or transcripts, the Attorney General
or the Attorney General's designee in accordance with
this Act shall promptly--
``(i) designate another investigator to
serve as custodian of such material, answers,
or transcripts; and
``(ii) transmit in writing to the person
who produced such material, answers, or
testimony notice of the identity and address of
the successor so designated.
``(B) Successor.--Any person who is designated to
be a successor under this paragraph shall have, with
regard to such material, answers, or transcripts, the
same duties and responsibilities as were imposed by
this section upon the predecessor in office of that
person, except that the successor shall not be held
responsible for any default or dereliction that
occurred before that designation.
``(k) Judicial Proceedings.--
``(1) Petition for enforcement.--Whenever any person fails
to comply with any civil investigative demand issued under
subsection (a), or whenever satisfactory copying or
reproduction of any material requested in such demand cannot be
done and such person refuses to surrender such material, the
Attorney General may file, in the district court of the United
States for any judicial district in which such person resides,
is found, or transacts business, and serve upon such person a
petition for an order of such court for the enforcement of the
civil investigative demand.
``(2) Petition to modify or set aside demand.--
``(A) In general.--Any person who has received a
civil investigative demand issued under subsection (a)
may file, in the district court of the United States
for the judicial district in which such person resides,
is found, or transacts business, and serve upon the
investigator identified in such demand a petition for
an order of the court to modify or set aside such
demand. In the case of a petition addressed to an
express demand for any product of discovery, a petition
to modify or set aside such demand may be brought only
in the district court of the United States for the
judicial district in which the proceeding in which such
discovery was obtained is or was last pending. Any
petition under this subparagraph must be filed--
``(i) within 20 days after the date of
service of the civil investigative demand, or
at any time before the return date specified in
the demand, whichever date is earlier; or
``(ii) within such longer period as may be
prescribed in writing by any investigator
identified in the demand.
``(B) Grounds for relief.--The petition shall
specify each ground upon which the petitioner relies in
seeking relief under subparagraph (A), and may be based
upon any failure of the demand to comply with the
provisions of this section or upon any constitutional
or other legal right or privilege of such person.
During the pendency of the petition in the court, the
court may stay, as it deems proper, the running of the
time allowed for compliance with the demand, in whole
or in part, except that the person filing the petition
shall comply with any portions of the demand not sought
to be modified or set aside.
``(3) Petition to modify or set aside demand for product of
discovery.--
``(A) In general.--In the case of any civil
investigative demand issued under subsection (a) that
is an express demand for any product of discovery, the
person from whom such discovery was obtained may file,
in the district court of the United States for the
judicial district in which the proceeding in which such
discovery was obtained is or was last pending, and
serve upon any investigator identified in the demand
and upon the recipient of the demand, a petition for an
order of such court to modify or set aside those
portions of the demand requiring production of any such
product of discovery. Any petition under this
subparagraph must be filed--
``(i) within 20 days after the date of
service of the civil investigative demand, or
at any time before the return date specified in
the demand, whichever date is earlier; or
``(ii) within such longer period as may be
prescribed in writing by any investigator
identified in the demand.
``(B) Grounds for relief.--The petition shall
specify each ground upon which the petitioner relies in
seeking relief under subparagraph (A), and may be based
upon any failure of the portions of the demand from
which relief is sought to comply with the provisions of
this section, or upon any constitutional or other legal
right or privilege of the petitioner. During the
pendency of the petition, the court may stay, as it
deems proper, compliance with the demand and the
running of the time allowed for compliance with the
demand.
``(4) Petition to require performance by custodian of
duties.--At any time during which any custodian is in custody
or control of any documentary material or answers to
interrogatories produced, or transcripts of oral testimony
given, by any person in compliance with any civil investigative
demand issued under subsection (a), such person, and in the
case of an express demand for any product of discovery, the
person from whom such discovery was obtained, may file, in the
district court of the United States for the judicial district
in which the office of such custodian is situated, and serve
upon such custodian, a petition for an order of such court to
require the performance by the custodian of any duty imposed
upon the custodian by this section.
``(5) Jurisdiction.--Whenever any petition is filed in any
district court of the United States under this subsection, such
court shall have jurisdiction to hear and determine the matter
so presented, and to enter such order or orders as may be
required to carry out the provisions of this section. Any final
order so entered shall be subject to appeal under section 1291
of title 28, United States Code. Any disobedience of any final
order entered under this section by any court shall be punished
as a contempt of the court.
``(6) Applicability of federal rules of civil procedure.--
The Federal Rules of Civil Procedure shall apply to any
petition under this subsection, to the extent that such rules
are not inconsistent with the provisions of this section.
``(l) Disclosure Exemption.--Any documentary material, answers to
written interrogatories, or oral testimony provided under any civil
investigative demand issued under subsection (a) shall be exempt from
disclosure under section 552 of title 5, United States Code, as
described in subsection (b)(3) of such section.
``(m) Definitions.--In this section--
``(1) the term `custodian' means the custodian, or any
deputy custodian, designated by the Attorney General under
subsection (j)(1);
``(2) the term `documentary material' includes the original
or any copy of any book, record, report, memorandum, paper,
communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or other
information retrieval systems, together with instructions and
all other materials necessary to use or interpret such data
compilations, and any product of discovery;
``(3) the term `investigation' means any inquiry conducted
for the purpose of ascertaining whether any person is or has
been engaged in any violation of this Act;
``(4) the term `investigator' means any attorney or
investigator employed by the Department of Justice who is
charged with the duty of enforcing or carrying into effect this
Act, or any officer or employee of the United States acting
under the direction and supervision of such attorney or
investigator in connection with an investigation;
``(5) the term `official use' means any use that is
consistent with the law, and the regulations and policies of
the Department of Justice, including use in connection with
internal Department of Justice memoranda and reports;
communications between the Department of Justice and a Federal,
State, or local government agency, or a contractor of a
Federal, State, or local government agency, undertaken in
furtherance of a Department of Justice investigation or
prosecution of a case; oral examinations; depositions;
preparation for and response to civil discovery requests;
introduction into the record of a case or proceeding;
applications, motions, memoranda and briefs submitted to a
court or other tribunal; and communications with Government
investigators, auditors, consultants and experts, the counsel
of other parties, arbitrators and mediators, concerning an
investigation, case or proceeding; and
``(6) the term `product of discovery' includes--
``(A) the original or duplicate of any deposition,
interrogatory, document, thing, result of the
inspection of land or other property, examination, or
admission, which is obtained by any method of discovery
in any judicial or administrative proceeding of an
adversarial nature;
``(B) any digest, analysis, selection, compilation,
or derivation of any item listed in subparagraph (A);
and
``(C) any index or other manner of access to any
item listed in subparagraph (A).
``(n) Sunset.--The authority of the Attorney General to issue a
civil investigative demand under this section shall expire upon the
expiration of the 5-year period that begins on the date of enactment of
this section.''.
SEC. 3. FOREIGN AGENTS REGISTRATION CRIMINAL ENFORCEMENT.
(a) Increased Criminal Penalties.--Section 8 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 618) is amended--
(1) in subsection (a)(2)--
(A) by striking ``$10,000'' and inserting
``$200,000'';
(B) by striking ``five'' and inserting ``5'';
(C) by striking ``(g) or (h)'' and inserting ``(g),
(h), or (i)'';
(D) by striking ``$5,000'' and inserting
``$15,000''; and
(E) by striking ``six'' and inserting ``6''; and
(2) by adding at the end the following new subsection:
``(i) Congressional Notification.--
``(1) Offense.--It shall be unlawful for any agent of a
foreign principal registered under this Act to willfully fail
to disclose before or during any meeting with a Member of
Congress or a member of the staff of a Member or committee of
Congress that the agent of the foreign principal is registered
under this Act.
``(2) Definition.--In this subsection, the term `Member of
Congress' has the meaning given the term in section 3 of the
Lobbying and Disclosure Act of 1995 (2 U.S.C. 1602).''.
SEC. 4. FOREIGN AGENTS REGISTRATION CIVIL ENFORCEMENT.
Section 8 of the Foreign Agents Registration Act of 1938 (22 U.S.C.
618), as amended by section 3 of this Act, is amended by adding at the
end the following:
``(j) Civil Enforcement.--
``(1) Civil penalties.--
``(A) Registration statements.--
``(i) In general.--Any person who is
required to register under this Act and fails
to file a timely or complete registration
statement required under section 2(a) shall be
subject to a civil fine of not more than
$10,000 for each violation, without regard to
the state of mind of the person.
``(ii) No fines paid by foreign
principals.--If a person is subject to a civil
fine under clause (i), the civil fine may not
be paid, directly or indirectly, by a foreign
principal.
``(B) Supplements.--Any person who is required to
file a supplement to a registration statement under
section 2(b) and fails to file a timely or complete
supplement required under that section shall be subject
to a civil fine of not more than $1,000 for each
violation, without regard to the state of mind of the
person.
``(C) Failure to remedy deficient filings.--Any
person who is required to file a registration statement
under this Act, receives notice under subsection (g)
that the registration statement filed by the person is
deficient, and knowingly fails to remedy the deficiency
within 60 days after receiving the notice shall, upon
proof by a preponderance of the evidence of such
knowing failure to remedy the deficiency, be subject to
a civil fine of not more than $200,000, depending on
the extent and gravity of the violation.
``(D) Other violations.--Any person who knowingly
fails to comply with any other provision of this Act
shall, upon proof by a preponderance of the evidence of
such knowing failure to comply, be subject to a civil
fine of not more than $200,000, depending on the extent
and gravity of the violation.
``(2) Use of fines.--All fines collected under this
subsection shall be used to defray the cost of enforcing this
Act.''.
SEC. 5. COMPREHENSIVE STRATEGY TO IMPROVE ENFORCEMENT AND
ADMINISTRATION.
(a) Development of Comprehensive Strategy.--Not later than 120 days
after the date of enactment of this Act, the Attorney General shall
develop and implement a comprehensive strategy to improve the
enforcement and administration of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611 et seq.), as amended by this Act, that addresses
the following issues:
(1) The coordination and integration of the work of the
agencies that perform investigations and bring actions
(including criminal prosecutions) to enforce the Foreign Agents
Registration Act of 1938 with the overall national security
efforts of the Department of Justice.
(2) A formal cost-benefit analysis of the appropriateness
of the fee structure under the Foreign Agents Registration Act
of 1938.
(3) An assessment of the appropriateness of the exemptions
under section 3 of the Foreign Agents Registration Act of 1938
(22 U.S.C. 613) that permit persons who represent the interests
of foreign principals to avoid registering under that Act.
(4) Ensuring regular and ongoing proactive public access to
advisory opinions as an informational and oversight resource.
(b) Review and Report by the Inspector General.--Not later than 1
year after the date on which the Attorney General implements the
comprehensive strategy, the Inspector General of the Department of
Justice shall carry out a review of and submit a report to the
appropriate committees of Congress on--
(1) the extent to which the Attorney General has developed
and implemented the comprehensive strategy; and
(2) the usage, effectiveness, and any potential abuse of
the authority granted to the Attorney General to issue civil
investigative demands under section 9 of the Foreign Agents
Registration Act of 1938, as added by section 2 of this Act.
(c) Annual Reports by the Attorney General.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Attorney
General, in consultation with the Assistant Attorney General
for National Security, shall submit a report to the appropriate
committees of Congress detailing the usage, during the year
preceding the date on which the report is submitted, of the
authority granted to the Attorney General to issue civil
investigative demands under section 9 of the Foreign Agents
Registration Act of 1938, as added by section 2 of this Act,
including, with respect to the year for which the report is
submitted--
(A) the number of civil investigative demands
issued by the Attorney General;
(B) with respect to each civil investigative demand
issued by the Attorney General, a description of--
(i) the nature of the conduct constituting
the alleged violation of the Foreign Agents
Registration Act of 1938 that was under
investigation;
(ii) the provision of that Act alleged to
have been violated;
(iii) the nature of any documentary
material, answers to interrogatories, or oral
testimony sought through the civil
investigative demand; and
(iv) a description of the results of the
civil investigative demand, including whether,
after the Attorney General issued the civil
investigative demand and as a result of the
civil investigative demand, the Attorney
General filed charges against any person
relating to an alleged violation of that Act,
regardless of whether the charges were filed
against the person to whom the civil
investigative demand was issued;
(C) with respect to petitions for orders for the
enforcement of civil investigative demands under
section 9(k)(1) of the Foreign Agents Registration Act
of 1938--
(i) the number of petitions that the
Attorney General filed in district courts of
the United States; and
(ii) with respect to each petition, a
detailed description of the circumstances that
led the Attorney General to file the petition;
and
(D) any other information relating to the use of
such authority that the Attorney General determines to
be relevant.
(2) Interests of uncharged third parties.--In preparing
each report under paragraph (1), with respect to reporting
information described in clauses (i) and (ii) of paragraph
(1)(B), the Attorney General shall give due regard to
protecting the interests of uncharged third parties.
(d) Report Relating to Electronic Filing.--In the annual report
submitted by the Attorney General under subsection (c) for the year
that is 2 years after the date of enactment of this Act, the Attorney
General, in consultation with the Assistant Attorney General for
National Security, shall include information relating to steps that can
be taken in order to permit electronic filing by registrants of all
information required to be filed under the Foreign Agent Registration
Act of 1938 (22 U.S.C. 611 et seq.) in order to convert the website
database that contains that information and is maintained by the
Foreign Agents Registration Unit of the Counterintelligence and Export
Control Section in the National Security Division of the Department of
Justice to a fully searchable, sortable, and downloadable format.
SEC. 6. ANALYSIS BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) carry out an analysis of the effectiveness of the
enforcement and administration of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et seq.), as amended by
this Act--
(A) including the extent to which the amendments
made by this Act have improved the enforcement and
administration of the Foreign Agents Registration Act
of 1938; and
(B) taking into consideration the comprehensive
strategy; and
(2) submit the analysis carried out under paragraph (1)
to--
(A) the Attorney General;
(B) the Inspector General of the Department of
Justice; and
(C) the appropriate committees of Congress.
SEC. 7. AUDIT OF THE LOBBYING DISCLOSURE ACT EXEMPTION UNDER THE
FOREIGN AGENTS REGISTRATION ACT OF 1938.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, in consultation with the
Attorney General and the Inspector General of the Department of
Justice, shall--
(1) conduct a comprehensive audit of the use of the
Lobbying Disclosure Act exemption, which shall include, at
minimum, an examination of--
(A) whether the Lobbying Disclosure Act exemption
is operating as the Lobbying Disclosure Act exemption
was originally intended to operate;
(B) whether, since the date of enactment of the
Lobbying Disclosure Act of 1995, the Lobbying
Disclosure Act exemption has contributed to--
(i) a decline in the number of
registrations filed under the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et
seq.); or
(ii) a decline in public awareness of the
lobbying activities carried out on behalf of
foreign principals; and
(C) whether the Lobbying Disclosure Act exemption
creates or increases opportunities for the knowing
misuse or abuse of, or the negligent failure to comply
with, Federal lobbying registration and disclosure
requirements;
(2) develop policy recommendations to improve oversight of
and compliance with Federal lobbying registration and
disclosure requirements; and
(3) submit a report to the appropriate committees of
Congress that contains--
(A) the results of the audit conducted under
paragraph (1); and
(B) the recommendations developed under paragraph
(2).
SEC. 8. DEFINITIONS.
In this Act--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committees on the Judiciary and Foreign
Relations of the Senate; and
(B) the Committee on the Judiciary of the House of
Representatives;
(2) the term ``comprehensive strategy'' means the
comprehensive strategy to improve the enforcement and
administration of the Foreign Agents Registration Act of 1938
(22 U.S.C. 611 et seq.) developed and implemented by the
Attorney General under section 5(a);
(3) the terms ``documentary material'' and
``investigation'' have the meanings given those terms in
section 9 of the Foreign Agents Registration Act of 1938, as
added by section 2 of this Act;
(4) the term ``Foreign Agents Registration Act of 1938''
means the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.);
(5) the term ``foreign principal'' has the meaning given
the term in section 1 of the Foreign Agents Registration Act of
1938 (22 U.S.C. 611); and
(6) the term ``Lobbying Disclosure Act exemption'' means
the exemption under section 3(h) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 613(h)).
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 180 days after the date of enactment of this Act.
<all>
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118S1365 | Conservation Reserve Program Amendments Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1365 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1365
To amend the Food Security Act of 1985 to provide for the enrollment of
citrus land in the conservation reserve program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to provide for the enrollment of
citrus land in the conservation reserve program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Reserve Program
Amendments Act of 2023''.
SEC. 2. CONSERVATION RESERVE PROGRAM AMENDMENTS.
(a) In General.--Section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) in subparagraph (E), by inserting ``or'' at the
end; and
(C) by adding at the end the following:
``(F) the land has, during the 10-year period
preceding the date of enactment of this subparagraph,
been used to plant a citrus crop;''; and
(2) by adding at the end the following:
``(j) Citrus Land.--
``(1) In general.--In enrolling acres of citrus land
described in subsection (b)(5)(F) in the conservation reserve,
the Secretary shall enroll the land using the continuous
enrollment procedure described in subsection (d)(6).
``(2) Priority.--In enrolling acres of citrus land
described in subsection (b)(5)(F) in the conservation reserve,
the Secretary may give priority to land that, as determined by
the Secretary--
``(A) is at risk of conversion or development;
``(B) is affected by huanglongbing; or
``(C) is of ecological significance, including land
that--
``(i) may assist in the restoration of
threatened or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
``(ii) may assist in preventing a species
from being listed as a threatened or endangered
species under that Act; or
``(iii) improves or creates wildlife
habitat corridors.
``(3) Incidental land.--In enrolling land in the
conservation reserve, land owned by an owner of citrus land
described in subsection (b)(5)(F) that is incidental to
agricultural production may be considered for enrollment if the
Secretary determines that the incidental land is at risk of
conversion or development and is of ecological significance as
described in paragraph (2)(C).
``(4) Fallow groves.--Not later than 180 days after the
later of the first day of the period of enrollment of citrus
land described in subsection (b)(5)(F) in the conservation
reserve and the date on which Secretary notifies an owner or
operator of the decision of the Secretary to enroll citrus land
described in subsection (b)(5)(F) in the conservation reserve,
the owner or operator of the citrus land enrolled in the
conservation reserve shall provide evidence to the Secretary
that any fallow groves that are affected by huanglongbing
within the enrolled area have been removed.
``(5) Duration of contracts.--For the purpose of carrying
out enrollment of citrus land described in subsection
(b)(5)(F), the Secretary shall enter into contracts of not less
than 1, and not more than 5, years.
``(6) Limitations.--For each of fiscal years 2024 through
2028, the total acreage of citrus land described in subsection
(b)(5)(F) enrolled in the conservation reserve shall not exceed
100,000 acres.''.
(b) Exclusion of Adjusted Gross Income Limitation.--Section
1001D(b)(2)(C) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(2)(C)) is amended by striking ``the Food Security Act of 1985.''
and inserting ``this Act (other than a payment or benefit under the
conservation reserve program under subchapter B of chapter 1 of
subtitle D of that title with respect to citrus land described in
section 1231(b)(5)(F)).''.
<all>
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118S1366 | Forest Incentives Program 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. 1366 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1366
To require the Secretary of Agriculture to establish a forest
incentives program to keep forests intact and sequester carbon on
private forest land of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Shaheen (for herself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to establish a forest
incentives program to keep forests intact and sequester carbon on
private forest land of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Incentives Program Act of
2023''.
SEC. 2. FOREST INCENTIVES PROGRAM.
(a) Definitions.--In this section:
(1) Carbon incentives contract; contract.--The term
``carbon incentives contract'' or ``contract'' means a 15- to
30-year contract that specifies--
(A) the eligible practices that will be undertaken;
(B) the acreage of eligible land on which the
practices will be undertaken;
(C) the agreed rate of compensation per acre;
(D) a schedule to verify that the terms of the
contract have been fulfilled; and
(E) such other terms as are determined necessary by
the Secretary.
(2) Conservation easement agreement; agreement.--The term
``conservation easement agreement'' or ``agreement'' means a
permanent conservation easement that--
(A) covers eligible land that will not be converted
for development;
(B) is enrolled under a carbon incentives contract;
and
(C) is consistent with the guidelines for--
(i) the Forest Legacy Program established
under section 7 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103c),
subject to the condition that an eligible
practice shall be considered to be a
conservation value for purposes of such
consistency; or
(ii) any other program approved by the
Secretary for use under this section to provide
consistency with Federal legal requirements for
permanent conservation easements.
(3) Eligible land.--The term ``eligible land'' means forest
land in the United States that is privately owned at the time
of initiation of a carbon incentives contract or conservation
easement agreement.
(4) Eligible practice.--
(A) In general.--The term ``eligible practice''
means a forestry practice, including improved forest
management that produces marketable forest products,
that is determined by the Secretary to provide
measurable increases in carbon sequestration and
storage beyond customary practices on comparable land.
(B) Inclusions.--The term ``eligible practice''
includes--
(i) afforestation on nonforested land, such
as marginal crop or pasture land, windbreaks,
shelterbelts, stream buffers, including working
land and urban forests and parks, or other
areas identified by the Secretary;
(ii) reforestation on forest land impacted
by wildfire, pests, wind, or other stresses,
including working land and urban forests and
parks;
(iii) improved forest management, with
appropriate crediting for the carbon benefits
of harvested wood products, through practices
such as improving regeneration after harvest,
planting in understocked forests, reducing
competition from slow-growing species, thinning
to encourage growth, changing rotations to
increase carbon storage, improving harvest
efficiency or wood use; and
(iv) such other practices as the Secretary
determines to be appropriate.
(5) Forest incentives program; program.--The term ``forest
incentives program'' or ``program'' means the forest incentives
program established under subsection (b)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Supplemental Greenhouse Gas Emission Reductions in United
States.--
(1) In general.--The Secretary shall establish a forest
incentives program to achieve supplemental greenhouse gas
emission reductions and carbon sequestration on private forest
land of the United States through--
(A) carbon incentives contracts; and
(B) conservation easement agreements.
(2) Priority.--In selecting projects under this subsection,
the Secretary shall provide a priority for contracts and
agreements--
(A) that sequester the most carbon on a per acre
basis, with appropriate crediting for the carbon
benefits of harvested wood products; and
(B) that create forestry jobs or protect habitats
and achieve significant other environmental, economic,
and social benefits.
(3) Eligibility.--
(A) In general.--To participate in the program, an
owner of eligible land shall--
(i) enter into a carbon incentives
contract; and
(ii) fulfill such other requirements as the
Secretary determines to be necessary.
(B) Continued eligible practices.--An owner of
eligible land who has been carrying out eligible
practices on the eligible land shall not be barred from
entering into a carbon incentives contract under this
subsection to continue carrying out the eligible
practices on the eligible land.
(C) Duration of contract.--A contract shall be for
a term of not less than 15, nor more than 30, years, as
determined by the owner of eligible land.
(D) Compensation under contract.--The Secretary
shall determine the rate of compensation per acre under
the contract so that the longer the term of the
contract, the higher rate of compensation.
(E) Relationship to other programs.--An owner or
operator shall not be prohibited from participating in
the program due to participation of the owner or
operator in other Federal or State conservation
assistance programs.
(4) Compliance.--In developing regulations for carbon
incentives contracts under this subsection, the Secretary shall
specify requirements to address whether the owner of eligible
land has completed contract and agreement requirements.
(c) Incentive Payments.--
(1) In general.--The Secretary shall provide to owners of
eligible land financial incentive payments for--
(A) eligible practices that measurably increase
carbon sequestration and storage over a designated
period on eligible land, with appropriate crediting for
the carbon benefits of harvested wood products, as
specified through a carbon incentives contract; and
(B) subject to paragraph (2), conservation
easements on eligible land covered under a conservation
easement agreement.
(2) Compensation.--The Secretary shall determine the amount
of compensation to be provided under a contract under this
subsection based on the emissions reductions obtained or
avoided and the duration of the reductions, with due
consideration to prevailing carbon pricing as determined by any
relevant or State compliance offset programs.
(3) No conservation easement agreement required.--
Eligibility for financial incentive payments under a carbon
incentives contract described in paragraph (1)(A) shall not
require a conservation easement agreement.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue regulations that specify
eligible practices and related compensation rates, standards, and
guidelines as the basis for entering into the program with owners of
eligible land.
(e) Set-Aside of Funds for Certain Purposes.--
(1) In general.--At the discretion of the Secretary, a
portion of program funds made available under the program for a
fiscal year may be used--
(A) to develop forest carbon modeling and
methodologies that will improve the projection of
carbon gains for any forest practices made eligible
under the program;
(B) to provide additional incentive payments for
specified management activities that increase the
adaptive capacity of land under a carbon incentives
contract; and
(C) for the Forest Inventory and Analysis Program
of the Forest Service to develop improved measurement
and monitoring of forest carbon stocks.
(2) Program components.--In establishing the program, the
Secretary shall provide that funds provided under this section
shall not be substituted for, or otherwise used as a basis for
reducing, funding authorized or appropriated under other
programs to compensate owners of eligible land for activities
that are not covered under the program.
(f) Program Measurement, Monitoring, Verification, and Reporting.--
(1) Measurement, monitoring, and verification.--The
Secretary shall establish and implement protocols that provide
monitoring and verification of compliance with the terms of
contracts and agreements.
(2) Reporting requirement.--At least annually, the
Secretary shall submit to Congress a report that contains--
(A) an estimate of annual and cumulative reductions
achieved as a result of the program, determined using
standardized measures, including measures of economic
efficiency;
(B) a summary of any changes to the program that
will be made as a result of program measurement,
monitoring, and verification;
(C) the total number of acres enrolled in the
program by method; and
(D) a State-by-State summary of the data.
(3) Availability of report.--Each report required by this
subsection shall be available to the public through the website
of the Department of Agriculture.
(4) Program adjustments.--At least once every 2 years the
Secretary shall adjust eligible practices and compensation
rates for future carbon incentives contracts based on the
results of monitoring under paragraph (1) and reporting under
paragraph (2), if determined necessary by the Secretary.
(5) Estimating carbon benefits.--Any modeling, methodology,
or protocol resource developed under this section--
(A) shall be suitable for estimating carbon
benefits associated with eligible practices for the
purpose of incentives under this section; and
(B) may be used for netting by States or emission
sources under Federal programs relating to carbon
emissions.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 3. MATERIAL CHOICES IN BUILDINGS FOR SUPPLEMENTAL GREENHOUSE GAS
EMISSION REDUCTIONS IN UNITED STATES.
(a) Definitions.--In this section:
(1) Eligible building.--The term ``eligible building''
means a nonresidential building used for commercial or State or
local government purposes.
(2) Eligible product.--The term ``eligible product'' means
a commercial or industrial product, such as an intermediate,
feedstock, or end product (other than food or feed), that is
composed in whole or in part of biological products, including
renewable agricultural and forestry materials used as
structural building material.
(3) Program.--The term ``program'' means the greenhouse gas
incentives program established under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Supplemental Greenhouse Gas Emission Reductions in Buildings.--
(1) In general.--The Secretary shall establish a greenhouse
gas incentives program to achieve supplemental greenhouse gas
emission reductions from material choices in buildings, based
on the lifecycle assessment of the building materials.
(2) Financial incentive payments.--The Secretary shall
provide to owners of eligible buildings incentive payments for
the use of eligible products in buildings for sequestering
carbon based on a lifecycle assessment of the structural
assemblies, as compared to a model building as a result of
using eligible products in substitution for more energy-
intensive materials in--
(A) new construction; or
(B) building renovation.
(c) Program Requirements.--
(1) Applications.--To be eligible to participate in the
program, the owner of an eligible building shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Components.--In establishing the program, the Secretary
shall require that payments for activities under the program
shall be--
(A) established at a rate not to exceed the net
estimated benefit an owner of an eligible building
would receive for similar practices under any federally
established carbon offset program, taking into
consideration the costs associated with the issuance of
credits and compliance with reversal provisions;
(B) provided to owners of eligible buildings
demonstrating at least a 20-percent reduction in carbon
emissions potential, based on a lifecycle assessment of
the structural assemblies, as compared to the
structural assemblies of a model building, subject to
the requirements that--
(i) the Secretary shall identify a model
baseline nonresidential building--
(I) of common size and function;
and
(II) having a service life of not
less than 60 years; and
(ii) applicants shall evaluate the carbon
emissions potential of the baseline building
and the proposed building using the same
lifecycle assessment software tool and data
sets, which shall be compliant with the
document numbered ISO 14044; and
(C) provided on certification by the owner of an
eligible building and verification by the Secretary,
after consultation with the Secretary of Energy, that--
(i) the eligible building meets the
requirements of the applicable State commercial
building energy efficiency code (as in effect
on the date of the applicable permit of the
eligible building); and
(ii) the State has made the certification
required pursuant to section 304 of the Energy
Conservation and Production Act (42 U.S.C.
6833).
(3) Incentive payments.--A participant in the program shall
receive payment under the program on completion of construction
or renovation of the applicable eligible building.
(d) Reports.--Not less frequently than once each year, the
Secretary shall submit to Congress a report that contains--
(1) an estimate of annual and cumulative reductions
achieved as a result of the program--
(A) determined by using lifecycle assessment
software that is compliant with the document numbered
ISO 14044; and
(B) expressed in terms of the total number of cars
removed from the road;
(2) a summary of any changes to the program that will be
made as a result of past implementation of the program; and
(3) the total number of buildings under carbon incentives
contracts as of the date of the report.
(e) Analytical Requirements.--For purposes of this section--
(1) any carbon emissions potential calculation shall--
(A) be performed in accordance with standard
lifecycle assessment practice; and
(B) include removal and sequestration of carbon
dioxide from the use of biobased products, as well as
recycled content materials;
(2) a full lifecycle assessment shall be conducted taking
into consideration all lifecycle stages, including--
(A) resource extraction and processing;
(B) product manufacturing;
(C) onsite construction of assemblies;
(D) transportation;
(E) maintenance and replacement cycles over an
assumed eligible building service life of 60 years; and
(F) demolition;
(3) structural assemblies shall be considered to include
columns, beams, girders, purlins, floor deck, roof, and
structural envelope elements;
(4) primary materials shall be considered to include common
products used as the structural system, such as wood, steel,
concrete, or masonry; and
(5) the effects of recycling, reuse, or energy recovery
beyond the boundaries of an applicable study system shall not
be taken in account.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
<all>
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118S1367 | HELLPP Act | [
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
]
] | <p><b>Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act</b></p> <p>This bill adds podiatrists as covered physicians under the Medicaid program. </p> <p>Additionally, the bill revises certain documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes. </p> <p>Finally, the bill subjects payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1367 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1367
To amend title XIX of the Social Security Act to cover physician
services delivered by podiatric physicians to ensure access by Medicaid
beneficiaries to appropriate quality foot and ankle care, to amend
title XVIII of such Act to modify the requirements for diabetic shoes
to be included under Medicare, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Stabenow (for herself and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to cover physician
services delivered by podiatric physicians to ensure access by Medicaid
beneficiaries to appropriate quality foot and ankle care, to amend
title XVIII of such Act to modify the requirements for diabetic shoes
to be included under Medicare, and for other purposes.
Be it enacted by the Senate 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 Ensure Life- and Limb-saving
access to Podiatric Physicians Act'' or the ``HELLPP Act''.
SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER
THE MEDICAID PROGRAM.
(a) In General.--Section 1905(a)(5)(A) of the Social Security Act
(42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section
1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section
1861(r)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to services
furnished on or after January 1, 2024.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirement
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these 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 Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC
SHOES FOR PERSONS WITH DIABETES.
(a) In General.--Section 1861(s)(12) of the Social Security Act (42
U.S.C. 1395x(s)(12)) is amended to read as follows:
``(12) subject to section 4072(e) of the Omnibus Budget
Reconciliation Act of 1987, extra-depth shoes with inserts or
custom molded shoes with inserts (in this paragraph referred to
as `therapeutic shoes') for an individual with diabetes, if--
``(A) the physician who is managing the
individual's diabetic condition--
``(i) documents that the individual has
diabetes;
``(ii) certifies that the individual is
under a comprehensive plan of care related to
the individual's diabetic condition; and
``(iii) documents agreement with the
prescribing podiatrist or other qualified
physician (as established by the Secretary)
that it is medically necessary for the
individual to have therapeutic shoes;
``(B) the therapeutic shoes are prescribed by a
podiatrist or other qualified physician (as established
by the Secretary) who--
``(i) examines the individual and
determines the medical necessity for the
individual to receive the therapeutic shoes;
and
``(ii) communicates in writing the medical
necessity to a certifying doctor of medicine or
osteopathy for the individual to have
therapeutic shoes along with findings that the
individual has peripheral neuropathy with
evidence of callus formation, a history of pre-
ulcerative calluses, a history of previous
ulceration, foot deformity, previous
amputation, or poor circulation; and
``(C) the therapeutic shoes are fitted and
furnished by a podiatrist or other qualified supplier
individual (as established by the Secretary), such as a
pedorthist or orthotist, who is not the physician
described in subparagraph (A) (unless the Secretary
finds that the physician is the only such qualified
individual in the area);''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items and services furnished on or after January
1, 2024.
(c) Rule of Construction.--Nothing in this section shall be
construed as expanding Medicare coverage for therapeutic shoes for
individuals with diabetes.
SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY
THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS
AND SUPPLIERS.
(a) In General.--Section 6331(h)(2) of the Internal Revenue Code of
1986 (defining specified payment) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(D) any payment to any Medicaid provider or
supplier under a State plan under title XIX of the
Social Security Act.''.
(b) Effective Date.--The amendments made by this section shall
apply to levies issued after the date of the enactment of this Act.
<all>
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118S1368 | Preventing PLA Acquisition of United States Technology Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1368 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1368
To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Rubio (for himself, Mrs. Blackburn, Mr. Scott of Florida, and Mr.
Braun) introduced the following bill; which was read twice and referred
to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing PLA Acquisition of United
States Technology Act of 2023''.
SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE
COMMUNIST PARTY.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means--
(A) any college or university in the People's
Republic of China that is determined by the Secretary
of Defense to be involved in the implementation of the
military-civil fusion strategy, including--
(i) any college or university known as the
``Seven Sons of National Defense'';
(ii) any college or university that
receives funding from--
(I) the People's Liberation Army;
or
(II) the Equipment Development
Department, or the Science and
Technology Commission, of the Central
Military Commission;
(iii) any college or university in the
People's Republic of China involved in military
training and education, including any such
college or university in partnership with the
People's Liberation Army;
(iv) any college or university in the
People's Republic of China that conducts
military research or hosts dedicated military
initiatives or laboratories, including such a
college or university designated under the
``double first-class university plan'';
(v) any college or university in the
People's Republic of China that is designated
by the State Administration for Science,
Technology, and Industry for the National
Defense to host ``joint construction''
programs;
(vi) any college or university in the
People's Republic of China that has launched a
platform for military-civil fusion or created
national defense laboratories; and
(vii) any college or university in the
People's Republic of China that conducts
research or hosts dedicated initiatives or
laboratories for any other related security
entity beyond the People's Liberation Army,
including the People's Armed Police, the
Ministry of Public Security, and the Ministry
of State Security;
(B) any enterprise for which the majority
shareholder or ultimate parent entity is the Government
of the People's Republic of China at any level of that
government;
(C) any privately owned company in the People's
Republic of China--
(i) that has received a military production
license, such as the Weapons and Equipment
Research and Production Certificate, the
Equipment Manufacturing Unit Qualification, the
Weapons and Equipment Quality Management System
Certificate, or the Weapons and Equipment
Research and Production Unit Classified
Qualification Permit;
(ii) that is otherwise known to have set up
mechanisms for engaging in activity in support
of military initiatives;
(iii) that has a history of subcontracting
for the People's Liberation Army or its
affiliates;
(iv) that is participating in, or receiving
benefits under, a military-civil fusion
demonstration base; or
(v) that has an owner, director, or a
senior management official who has served as a
delegate to the National People's Congress, a
member of the Chinese People's Political
Consultative Conference, or a member of the
Central Committee of the Chinese Communist
Party; and
(D) any entity that--
(i) is identified by the Secretary of
Defense under section 1260H(a) of the William
M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note) as a Chinese military company;
and
(ii) is included in the Non-SDN Chinese
Military-Industrial Complex Companies List
published by the Department of the Treasury.
(2) Covered entity.--The term ``covered entity'' means--
(A) any Federal agency that engages in research or
provides funding for research, including the National
Science Foundation and the National Institutes of
Health;
(B) any institution of higher education, or any
other private research institution, that receives any
Federal financial assistance; and
(C) any private company headquartered in the United
States that receives Federal financial assistance.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given the term in
section 200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(4) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise for military application, including the development
of technology, improvements in logistics, and other uses by the
People's Liberation Army.
(b) Prohibitions.--
(1) In general.--No covered entity may engage with a
Chinese entity of concern in any scientific research or
technical exchange that has a direct bearing on, or the
potential for dual use in, the development of technologies that
the Chinese Communist Party has identified as a priority of its
national strategy of military-civil fusion and that are listed
on the website under subsection (c)(1)(A).
(2) Private partnerships.--No covered entity described in
subsection (a)(2)(C) may form a partnership or joint venture
with another such covered entity for the purpose of engaging in
any scientific research or technical exchange described in
paragraph (1).
(c) Website.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall establish, and periodically update not less
than twice a year, a website that includes--
(A) a list of the specific areas of scientific
research or technical exchange for which the
prohibitions under subsection (b) apply, which shall
initially include some or all aspects of the fields of
quantum computing, photonics and lasers, robotics, big
data analytics, semiconductors, new and advanced
materials, biotechnology (including synthetic biology
and genetic engineering), 5G and all future generations
of telecommunications, advanced nuclear technology
(including nuclear power and energy storage), aerospace
technology, and artificial intelligence; and
(B) to the extent practicable, a list of all
Chinese entities of concern.
(2) List of specific areas.--In developing the list under
paragraph (1)(A), the Secretary of Defense shall monitor and
consider the fields identified by the State Administration for
Science, Technology, and Industry for the National Defense of
the People's Republic of China as defense-relevant and
consider, including the more than 280 fields of study
designated as of the date of enactment of this Act, and any
others designated thereafter, as disciplines with national
defense characteristics that have the potential to support
military-civil fusion.
(3) Resources.--In establishing the website under paragraph
(1), the Secretary of Defense may use as a model any existing
resources, such as the China Defense Universities Tracker
maintained by the Australian Strategic Policy Institute,
subject to any other laws applicable to such resources.
(d) Exception.--The prohibitions under subsection (b) shall not
apply to any collaborative study or research project in fields
involving information that would not contribute substantially to the
goals of the military-civil fusion strategy, as determined by
regulations issued by the Secretary of Defense.
(e) Annual Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and December 31 of each year thereafter,
each covered entity shall submit to the Secretary of Defense a
report that discloses--
(A) any research relationships the covered entity
has with a Chinese entity of concern or has had during
the previous year;
(B) any research relationships the covered entity
has considered with a Chinese entity of concern during
the previous year and declined; and
(C) any research relationships the covered entity
has terminated with a Chinese entity of concern during
the previous year because the relationship violates
subsection (b) or as a result of related concerns.
(2) Audit.--The Secretary of Defense may enter into a
contract with an independent entity to conduct an audit of any
report submitted under paragraph (1) to ensure compliance with
the requirements of such paragraph.
(f) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, a covered entity described in subparagraph (B) or (C) of
subsection (a)(2) that violates a prohibition under subsection
(b), or violates subsection (e), on or after the date of
enactment of this Act shall be precluded from receiving any
Federal financial assistance on or after the date of such
violation.
(2) Regulations.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall--
(A) promulgate regulations to enforce the
prohibitions under subsection (b), the auditing
requirements under subsection (e), and the requirement
under paragraph (1); and
(B) coordinate with the heads of other Federal
agencies to ensure the enforcement of such prohibitions
and requirements.
<all>
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118S1369 | Fair Access to Small Business Lending Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1369 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1369
To expand access to capital in underserved markets by providing
resources for the Small Business Administration to approve additional
Non-Federally Regulated Lenders to make business loans guaranteed by
the Small Business Administration to small business concerns in low-
income and moderate-income neighborhoods.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To expand access to capital in underserved markets by providing
resources for the Small Business Administration to approve additional
Non-Federally Regulated Lenders to make business loans guaranteed by
the Small Business Administration to small business concerns in low-
income and moderate-income neighborhoods.
Be it enacted by the Senate 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 Access to Small Business
Lending Act of 2023''.
SEC. 2. FAIR ACCESS TO SMALL BUSINESS LENDING.
Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17))
is amended--
(1) by striking ``(17) The Administration'' and inserting
the following:
``(17) Authorization of lenders.--
``(A) In general.--The Administration''; and
(2) by adding at the end the following:
``(B) Access to capital for underserved markets.--
``(i) Definitions.--In this subparagraph--
``(I) the term `covered Non-
Federally Regulated Lender' means a
Non-Federally Regulated Lender (as
defined in section 120.10 of title 13,
Code of Federal Regulations, or any
successor thereto) that--
``(aa) has not been
approved to make loans
guaranteed under this
subsection; and
``(bb) meets the applicable
criteria for authorizing
lenders to make loans
guaranteed under this
subsection; and
``(II) the term `low or moderate-
income neighborhood' means a
neighborhood that is a low-income
neighborhood or a moderate-income
neighborhood, for the purposes of the
Community Reinvestment Act of 1977 (12
U.S.C. 2901 et seq.).
``(ii) Initiative.--
``(I) In general.--The
Administrator, acting through the
Office of Credit Risk Management, shall
carry out an initiative to authorize
covered Non-Federally Regulated Lenders
to make loans guaranteed under this
subsection that is targeted to
expanding the availability of loans
guaranteed under this subsection to
small business concerns that are
located in a low or moderate-income
neighborhood.
``(II) Authority.--Under the
initiative under subclause (I), the
Administrator may not approve a covered
Non-Federally Regulated Lender to only
be eligible to make loans guaranteed
under the Community Advantage Pilot
Program of the Administration.
``(III) Lenders.--A covered Non-
Federally Regulated Lender that becomes
authorized to make loans guaranteed
under this subsection under the
initiative under subclause (I) shall
ensure that not less than 50 percent of
the loans made by the covered Non-
Federally Regulated Lender that are
guaranteed under this subsection are
made to small business concerns that
are located in a low or moderate-income
neighborhood.
``(iii) Funding.--For fiscal year 2023, and
each fiscal year thereafter, there is
appropriated to the Administrator, out of any
money in the Treasury not otherwise
appropriated, such sums as are necessary to
carry out the initiative under clause (ii).''.
<all>
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118S137 | Fred Korematsu Congressional Gold Medal Act of 2023 | [
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"sponsor"
],
[
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"B00128... | <p><b>Fred Korematsu Congressional Gold Medal Act of 2023</b></p> <p>This bill provides for the award of a Congressional Gold Medal posthumously to Fred Korematsu in recognition of his contributions to civil rights, his loyalty and patriotism to the nation, and his dedication to justice and equality.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 137 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 137
To award posthumously a Congressional Gold Medal to Fred Korematsu, in
recognition of his contributions to civil rights, his loyalty and
patriotism to the United States, and his dedication to justice and
equality.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Ms. Hirono (for herself, Ms. Duckworth, Ms. Baldwin, Mr. Blumenthal,
Mr. Booker, Mr. Casey, Ms. Cortez Masto, Ms. Hassan, Mr. Kaine, Mr.
King, Ms. Klobuchar, Mr. Menendez, Mr. Merkley, Mrs. Murray, Mr.
Padilla, Ms. Smith, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To award posthumously a Congressional Gold Medal to Fred Korematsu, in
recognition of his contributions to civil rights, his loyalty and
patriotism to the United States, and his dedication to justice and
equality.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fred Korematsu Congressional Gold
Medal Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 30, 1919, Fred Toyosaburo Korematsu was born
in Oakland, California, to Japanese immigrants.
(2) Fred Korematsu graduated from Castlemont High School in
1937 and attempted to enlist in the military twice but was
unable to do so because his selective service classification
was changed to enemy alien, even though Fred Korematsu was a
United States citizen.
(3) Fred Korematsu trained as a welder and worked as a
foreman at the docks in Oakland until the date on which he and
all Japanese Americans were fired.
(4) On December 7, 1941, Japan attacked the military base
in Pearl Harbor, Hawaii, causing the United States to declare
war against Japan.
(5) On February 19, 1942, President Franklin D. Roosevelt
signed Executive Order 9066 (7 Fed. Reg. 1407 (February 25,
1942)), which authorized the Secretary of War to prescribe
military areas--
(A) from which any or all people could be excluded;
and
(B) with respect to which, the right of any person
to enter, remain in, or leave would be subject to any
restriction the Military Commander imposed in his
discretion.
(6) On May 3, 1942, the Lieutenant General of the Western
Command of the Army issued Civilian Exclusion Order 34 (May 3,
1942) (referred to in this Act as the ``Civilian Exclusion
Order'') directing that all people of Japanese ancestry be
removed from designated areas of the West Coast after May 9,
1942, because people of Japanese ancestry in the designated
areas were considered to pose a threat to national security.
(7) Fred Korematsu refused to comply with the Civilian
Exclusion Order and was arrested on May 30, 1942.
(8) After his arrest, Fred Korematsu--
(A) was held for 2\1/2\ months in the Presidio
stockade in San Francisco, California;
(B) was convicted on September 8, 1942, of
violating the Civilian Exclusion Order and sentenced to
5 years of probation; and
(C) was detained at Tanforan Assembly Center, a
former horse racetrack used as a holding facility for
Japanese Americans before he was exiled with his family
to the Topaz incarceration camp in the State of Utah.
(9) More than 120,000 Japanese Americans were similarly
detained, with no charges brought and without due process, in
10 permanent War Relocation Authority camps located in isolated
desert areas of the States of Arizona, Arkansas, California,
Colorado, Idaho, Utah, and Wyoming.
(10) The people of the United States subject to the
Civilian Exclusion Order lost their homes, livelihoods, and the
freedoms guaranteed to all people of the United States.
(11) Fred Korematsu unsuccessfully challenged the Civilian
Exclusion Order as it applied to him and appealed the decision
of the United States District Court to the United States Court
of Appeals for the Ninth Circuit, which sustained his
conviction.
(12) Fred Korematsu was subsequently confined with his
family in the incarceration camp in Topaz, Utah, for 2 years,
and during that time, Fred Korematsu appealed his conviction to
the Supreme Court of the United States.
(13) On December 18, 1944, the Supreme Court of the United
States issued Korematsu v. United States, 323 U.S. 214 (1944),
which--
(A) upheld the conviction of Fred Korematsu by a
vote of 6 to 3; and
(B) concluded that Fred Korematsu was removed from
his home not based on hostility toward him or other
Japanese Americans but because the United States was at
war with Japan and the military feared a Japanese
invasion of the West Coast.
(14) In his dissenting opinion in Korematsu v. United
States, 323 U.S. 214 (1944), Justice Frank Murphy called the
Civilian Exclusion Order the ``legalization of racism''.
(15) Two other Supreme Court Justices dissented from the
majority decision in Korematsu v. United States, including
Justice Jackson who described the validation of the principle
of racial discrimination as a ``loaded weapon, ready for the
hand of any authority that can bring forward a plausible claim
of an urgent need''.
(16) Fred Korematsu continued to maintain his innocence for
decades following World War II, and his conviction hampered his
ability to gain employment.
(17) In 1982, legal historian Peter Irons and researcher
Aiko Yoshinaga-Herzig gained access to Government documents
under section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''), that indicate
that while the case of Fred Korematsu was before the Supreme
Court of the United States, the Federal Government misled the
Supreme Court of the United States and suppressed findings that
Japanese Americans on the West Coast were not security threats.
(18) In light of the newly discovered information, Fred
Korematsu filed a writ of error coram nobis with the United
States District Court for the Northern District of California,
and on November 10, 1983, United States District Judge Marilyn
Hall Patel issued her decision in Korematsu v. United States,
584 F. Supp. 1406 (N.D. Cal. 1984), that--
(A) overturned the Federal conviction of Fred
Korematsu;
(B) concluded that, at the time that senior
Government officials presented their case before the
Supreme Court of the United States in 1944, the senior
Government officials knew there was no factual basis
for the claim of military necessity for the Civil
Exclusion Order;
(C) acknowledged that ``the government knowingly
withheld information from the courts when they were
considering the critical question of military
necessity'' in the original case;
(D) recognized that ``there is substantial support
in the record that the government deliberately omitted
relevant information and provided misleading
information in papers before the court. The information
was critical to the court's determination''; and
(E) stated that although the decision of the
Supreme Court of the United States in Korematsu v.
United States, 323 U.S. 214 (1944), remains on the
pages of United States legal and political history,
``[a]s historical precedent it stands as a constant
caution that in times of war or declared military
necessity our institutions must be vigilant in
protecting constitutional guarantees''.
(19) The Commission on Wartime Relocation and Internment of
Civilians, authorized by Congress in 1980 to review the facts
and circumstances surrounding the relocation and incarceration
of Japanese Americans under Executive Order 9066 (7 Fed. Reg.
1407 (February 25, 1942)), concluded that--
(A) the decision of the Supreme Court of the United
States in Korematsu v. United States, 323 U.S. 214
(1944), is overruled by the court of history;
(B) a grave personal injustice was done to the
United States citizens and resident aliens of Japanese
ancestry who, without individual review or any
probative evidence against them, were excluded,
removed, and detained by the United States during World
War II; and
(C) the exclusion, removal, and detention of United
States citizens and resident aliens of Japanese
ancestry were motivated largely by ``racial prejudice,
wartime hysteria, and a failure of political
leadership''.
(20) The overturning of the conviction of Fred Korematsu
and the findings of the Commission on Wartime Relocation and
Internment of Civilians influenced the decision by Congress to
pass the Civil Liberties Act of 1988 (50 U.S.C. 4211 et seq.)
to request a Presidential apology and the symbolic payment of
compensation to people of Japanese ancestry who lost liberty or
property due to discriminatory actions of the Federal
Government.
(21) On August 10, 1988, President Reagan signed the Civil
Liberties Act of 1988 (50 U.S.C. 4211 et seq.), stating,
``[H]ere we admit a wrong; here we reaffirm our commitment as a
nation to equal justice under the law.''.
(22) On January 15, 1998, President Clinton awarded the
Presidential Medal of Freedom, the highest civilian award of
the United States, to Fred Korematsu, stating, ``[i]n the long
history of our country's constant search for justice, some
names of ordinary citizens stand for millions of souls: Plessy,
Brown, Parks. To that distinguished list, today we add the name
of Fred Korematsu.''.
(23) Fred Korematsu remained a tireless advocate for civil
liberties and justice throughout his life by--
(A) speaking out against racial discrimination and
violence; and
(B) cautioning the Federal Government against
repeating mistakes of the past that singled out
individuals for heightened scrutiny on the basis of
race, ethnicity, nationality, or religion.
(24) On March 30, 2005, Fred Korematsu died at the age of
86 in Marin County, California.
(25) Fred Korematsu is a role model for all people of the
United States who love the United States and the promises
contained in the Constitution of the United States, and the
strength and perseverance of Fred Korematsu serve as an
inspiration for all people who strive for equality and justice.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
Congress, of a single gold medal of appropriate design in commemoration
to Fred Korematsu, in recognition of his contributions to civil rights,
his loyalty and patriotism to the United States, and his dedication to
justice and equality.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
The design shall bear an image of, and inscription of the name of,
``Fred Korematsu''.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of Fred Korematsu, the gold medal shall be given to the
Smithsonian Institution, where it will be available for display
as appropriate and available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal awarded
pursuant to this Act available for display elsewhere,
particularly at the National Portrait Gallery, and that
preference should be given to locations affiliated with the
Smithsonian Institution.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
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118S1370 | PREPARE Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1370 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1370
To reauthorize and limit the pre-disaster mitigation program of the
Small Business Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Rubio (for himself, Mr. King, Ms. Collins, Mr. Wyden, Mr. Cardin,
and Mr. Warnock) introduced the following bill; which was read twice
and referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To reauthorize and limit the pre-disaster mitigation program of the
Small Business Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Resources for Emergency
Preparedness And Resilient Enterprises Act of 2023'' or the ``PREPARE
Act of 2023''.
SEC. 2. PRE-DISASTER MITIGATION PROGRAM.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``during fiscal years 2000 through
2004, to establish a predisaster mitigation program''
and inserting ``to establish a pre-disaster mitigation
program'';
(B) by inserting ``in accordance with paragraph
(16) and'' before ``as the Administrator may'';
(C) by striking ``to enable small businesses'' and
inserting ``to small business concerns to enable those
concerns''; and
(D) by striking ``in support of a formal'' and all
that follows and inserting ``to protect the commercial
real estate, equipment, inventory, supplies, and
materials of those concerns from damages related to
disasters;'';
(2) by redesignating the second paragraph (16) (relating to
the statute of limitations) as paragraph (17); and
(3) by inserting after paragraph (17), as so redesignated,
the following:
``(18) Pre-disaster mitigation program loans.--
``(A) Loan cap.--The aggregate amount of loans made
under the pre-disaster mitigation program under
paragraph (1)(C) to a borrower may not exceed $500,000.
``(B) Outreach.--In carrying out the pre-disaster
mitigation program under paragraph (1)(C), the
Administrator shall--
``(i) establish an advertising and outreach
program to help small business concerns
understand the value of mitigation and that the
pre-disaster mitigation program is available
for that purpose;
``(ii) conduct outreach campaigns to small
business concerns regarding the pre-disaster
mitigation program, including--
``(I) advertising to educate those
concerns on the importance of disaster
mitigation; and
``(II) campaigns to promote
participation in the program by small
business concerns located in
economically depressed areas;
``(iii) provide technical assistance to
applicants, including instructions on how to
participate in the pre-disaster mitigation
program, assistance in preparing applications,
and expertise on best practices for projects;
and
``(iv) provide detailed information on the
purposes for which funds from loans made under
the pre-disaster mitigation program may be
used.
``(C) Reservation of funds.--Not more than 4
percent of the funds made available to the
Administrator to carry out the pre-disaster mitigation
program under paragraph (1)(C) may be reserved by the
Administrator for--
``(i) the administrative costs of the
program; and
``(ii) the activities described in
subparagraph (B).
``(D) Guidance.--The Administrator shall issue
guidance to ensure that borrowers purchase and maintain
adequate insurance coverage over the duration of a loan
obtained under the pre-disaster mitigation program
under paragraph (1)(C).''.
(b) Authorization of Appropriations.--Section 20(c) of the Small
Business Act (15 U.S.C. 631 note) is amended to read as follows:
``(c) Pre-Disaster Mitigation Program.--There is authorized to be
appropriated for the purpose of carrying out the program established
under section 7(b)(1)(C) the following amounts:
``(1) $25,000,000 for fiscal year 2024.
``(2) $25,000,000 for fiscal year 2025.
``(3) $25,000,000 for fiscal year 2026.
``(4) $25,000,000 for fiscal year 2027.
``(5) $25,000,000 for fiscal year 2028.''.
(c) Program Evaluation.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Administrator of
the Small Business Administration shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report on the pre-
disaster mitigation program under section 7(b)(1)(C) of the Small
Business Act (15 U.S.C. 636(b)(1)(C)), as amended by this Act,
including--
(1) a list of the geographic areas in which recipients of
loans under the program are located;
(2) the types of mitigation projects that were funded;
(3) the number and dollar value of the loans made under the
program;
(4) the estimated aggregate value resulting from the use of
mitigation techniques funded by loans made under the program,
including--
(A) the lost productivity and expenses that were
avoided; and
(B) the estimated amount saved by the Federal
Government;
(5) the information required by paragraph (4) disaggregated
by region, by State, and by industry; and
(6) the estimated dollar value of loans that would have
been made under section 7(b)(1)(A) of the Small Business Act
(15 U.S.C. 636(b)(1)(A)) without the loans made under the
program.
(d) Initial Reporting on Pilot Program.--Not later than 60 days
after the date of enactment of this Act, the Administrator of the Small
Business Administration shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives--
(1) a description of and all related materials for outreach
advertising campaign efforts made during the duration of the
pre-disaster mitigation pilot program of the Small Business
Administration;
(2) information on how the Small Business Administration
appropriately staffed the Office of Disaster Assistance to
carry out the pilot program described in paragraph (1); and
(3) the amount of the budget of the pilot program described
in paragraph (1) that was used for outreach advertising
campaign efforts.
(e) Applicability.--The amendments made by this section shall apply
only with respect to loans made under section 7(b)(1)(C) of the Small
Business Act (15 U.S.C. 636(b)(1)(C)), as amended by this Act, on or
after the date of enactment of this Act.
SEC. 3. INCREASE IN ALLOWABLE AMOUNT OF PHYSICAL DISASTER LOAN FOR
MITIGATION.
Section 7(b)(1)(A) of the Small Business Act (15 U.S.C.
636(b)(1)(A)) is amended, in the second proviso, by striking ``20 per
centum'' and inserting ``30 percent''.
<all>
</pre></body></html>
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118S1371 | Small Business Credit Protection Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1371 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1371
To amend the Small Business Act to require that consumer reporting
agencies and other credit reporting companies provide certain
protections to small businesses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Rubio (for himself and Mr. Warnock) 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 require that consumer reporting
agencies and other credit reporting companies provide certain
protections to small businesses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Credit Protection Act
of 2023''.
SEC. 2. DATA BREACHES.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 49 (15 U.S.C. 631 note) as
section 50; and
(2) by inserting after section 48 (15 U.S.C. 657u) the
following:
``SEC. 49. DATA BREACHES.
``(a) Definition.--In this section--
``(1) the term `consumer report' has the meaning given the
term in section 603 of the Fair Credit Reporting Act (15 U.S.C.
1681a); and
``(2) the term `credit reporting company'--
``(A) has the meaning given the term `consumer
reporting agency' in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a); and
``(B) includes any entity that collects commercial
credit data.
``(b) Requirements for Reporting Breaches.--
``(1) Applicable state law.--
``(A) In general.--Except as provided in paragraph
(2), if nonpublic data of a small business concern that
is collected or stored by a credit reporting company
has been breached, the credit reporting company shall
report the breach promptly and not later than as
required under the law of the State in which the small
business concern is located.
``(B) Locations in multiple states.--If a small
business concern that is affected by a breach described
in subparagraph (A) has locations in more than 1 State,
for the purposes of that subparagraph, the law of the
State that imposes the shortest period for the
reporting of the breach shall apply.
``(2) Exception.--
``(A) In general.--If a small business concern that
is affected by a breach described in paragraph (1)(A)
is located in a State that does not have a law that
imposes a set period for the reporting of the breach,
the credit reporting company to which the requirement
under that paragraph applies shall report the breach in
the most expeditious manner practicable and without
unreasonable delay.
``(B) Rule of construction regarding a law
enforcement request.--For the purposes of subparagraph
(A), a delay with respect to the reporting of a breach
described in that subparagraph that is caused by a
requirement to respond to a request submitted by a law
enforcement agency shall be construed to be a
reasonable delay.
``(c) Prohibition.--During the 180-day period beginning on the date
on which a breach described in subsection (b)(1)(A) occurs, a credit
reporting company may not charge a small business concern that is
affected by that breach for providing the small business concern with
the consumer report of the small business concern.
``(d) No Preemption.--Nothing in this section shall preempt any
State law with respect to credit reporting companies.''.
(b) GAO Report.--
(1) Definitions.--In this subsection--
(A) the term ``credit reporting company''--
(i) has the meaning given the term
``consumer reporting agency'' in section 603 of
the Fair Credit Reporting Act (15 U.S.C.
1681a); and
(ii) includes any entity that collects
commercial credit data; and
(B) the term ``small business concern'' has the
meaning given the term in section 3 of the Small
Business Act (15 U.S.C. 632).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report regarding the economic
harm incurred by small business concerns as a result of data
breaches at credit reporting companies.
<all>
</pre></body></html>
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118S1372 | Preventing SBA Assistance from Going to China Act of 2023 | [
[
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"Sen. Rubio, Marco [R-FL]",
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[
"K000393",
"Sen. Kennedy, John [R-LA]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1372 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1372
To prohibit certain business concerns from receiving assistance from
the Small Business Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To prohibit certain business concerns from receiving assistance from
the Small Business Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing SBA Assistance from Going
to China Act of 2023''.
SEC. 2. PROHIBITION ON AFFILIATION WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Section 3(a) of the Small Business Act (15 U.S.C.
632(a)) is amended by adding at the end the following:
``(10) Prohibition on affiliation with the people's
republic of china.--For purposes of this Act, a small business
concern may not--
``(A) be headquartered in the People's Republic of
China; or
``(B) have more than 25 percent of the voting stock
of the small business concern owned by affiliates that
are citizens of the People's Republic of China.''.
(b) Regulations and Guidance.--The Administrator of the Small
Business Administration shall amend the regulations and guidance of the
Administration, including sections 120.100, 120.110, and 121.105 of
title 13, Code of Federal Regulations, to carry out the amendment made
by this Act.
<all>
</pre></body></html>
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118S1373 | Naloxone Affordability Act of 2023 | [
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
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[
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"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1373 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1373
To increase access to medication for opioid overdose reversal, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Markey (for himself, Mr. Booker, Mr. Marshall, 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 increase access to medication for opioid overdose reversal, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naloxone Affordability Act of
2023''.
SEC. 2. GAO STUDY ON NALOXONE ACCESS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study on actions that may be taken to protect access to
naloxone for individuals seeking to purchase naloxone. Such study shall
address--
(1) coverage of naloxone (in any available form) as an
over-the-counter product--
(A) under a group health plan or group or
individual health insurance coverage (as such terms are
defined in section 2791 of the Public Health Service
Act (42 U.S.C. 300gg-91)); and
(B) for individuals entitled to benefits under part
A or enrolled under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) or receiving
medical assistance under a State plan under title XIX
of such Act (42 U.S.C. 1396 et seq.) (or a waiver of
such plan); and
(2) the out-of-pocket cost to consumers purchasing naloxone
under any such plan or coverage.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that contains the findings of the study conducted
under subsection (a).
<all>
</pre></body></html>
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118S1374 | Patient Right to Shop Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1374 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1374
To prohibit group health plans and health insurance issuers from
entering into contracts that would prevent or restrict patient access
to drug pricing information otherwise available through consumer
decision-support tools.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Marshall (for himself, Mr. Markey, Mr. Grassley, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit group health plans and health insurance issuers from
entering into contracts that would prevent or restrict patient access
to drug pricing information otherwise available through consumer
decision-support tools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Right to Shop Act''.
SEC. 2. PROHIBITION ON BLOCKING CONSUMER DECISION-SUPPORT TOOLS.
(a) PHSA.--Part D of title XXVII of the Public Health Service Act
(42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the
following:
``SEC. 2799A-11. PROHIBITION ON BLOCKING CONSUMER DECISION-SUPPORT
TOOLS.
``(a) In General.--A group health plan or a health insurance issuer
offering group or individual health insurance coverage shall not enter
into a contract with an entity that provides pharmacy benefit
management services with respect to such plan or coverage if such
contract--
``(1) includes any terms, conditions, or costs that would
prevent or restrict a third party who is in contract with the
plan or issuer to provide a consumer decision-support tool from
using relevant information regarding prescription drug benefits
under the plan or coverage that are administered by the entity
providing pharmacy benefit management services in contract with
the plan or issuer; or
``(2) fails to clearly state that the entity providing
pharmacy benefit management services is required to provide
data required under paragraph (1) in machine readable format
for the operability, implementation, and utilization of any
such consumer decision-support tool at no cost (direct or
indirect) to the group health plan, health insurance issuer, or
the third party providing such consumer decision support.
``(b) Consumer Decision-Support Tool.--In this section, the term
`consumer decision-support tool' means a tool designed to inform
enrollees in a group health plan or health insurance coverage about all
costs for prescription drugs covered by the plan or coverage, including
out-of-pocket, copayment, and coinsurance responsibility, as well as
additional savings opportunities through other channels such as
manufacturer copayment assistance, cash price, and mail order pharmacy
benefits.''.
(b) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:
``SEC. 726. PROHIBITION ON BLOCKING CONSUMER DECISION-SUPPORT TOOLS.
``(a) In General.--A group health plan or a health insurance issuer
offering group health insurance coverage shall not enter into a
contract with an entity that provides pharmacy benefit management
services with respect to such plan or coverage if such contract--
``(1) includes any terms, conditions, or costs that would
prevent or restrict a third party who is in contract with the
plan or issuer to provide a consumer decision-support tool from
using relevant information regarding prescription drug benefits
under the plan or coverage that are administered by the entity
providing pharmacy benefit management services in contract with
the plan or issuer; or
``(2) fails to clearly state that the entity providing
pharmacy benefit management services is required to provide
data required under paragraph (1) in machine readable format
for the operability, implementation, and utilization of any
such consumer decision-support tool at no cost (direct or
indirect) to the group health plan, health insurance issuer, or
the third party providing such consumer decision support.
``(b) Consumer Decision-Support Tool.--In this section, the term
`consumer decision-support tool' means a tool designed to inform
participants and beneficiaries in a group health plan or health
insurance coverage about all costs for prescription drugs covered by
the plan or coverage, including out-of-pocket, copayment, and
coinsurance responsibility, as well as additional savings opportunities
through other channels such as manufacturer copayment assistance, cash
price, and mail order pharmacy benefits.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following:
``Sec. 726. Prohibition on blocking consumer decision-support tools.''.
(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 new section:
``SEC. 9826. PROHIBITION ON BLOCKING CONSUMER DECISION-SUPPORT TOOLS.
``(a) In General.--A group health plan offering group health
insurance coverage shall not enter into a contract with an entity that
provides pharmacy benefit management services with respect to such plan
if such contract--
``(1) includes any terms, conditions, or costs that would
prevent or restrict a third party who is in contract with the
plan to provide a consumer decision-support tool from using
relevant information regarding prescription drug benefits under
the plan that are administered by the entity providing pharmacy
benefit management services in contract with the plan; or
``(2) fails to clearly state that the entity providing
pharmacy benefit management services is required to provide
data required under paragraph (1) in machine readable format
for the operability, implementation, and utilization of any
such consumer decision-support tool at no cost (direct or
indirect) to the group health plan or the third party providing
such consumer decision support.
``(b) Consumer Decision-Support Tool.--In this section, the term
`consumer decision-support tool' means a tool designed to inform
participants and beneficiaries in a group health plan about all costs
for prescription drugs covered by the plan, including out-of-pocket,
copayment, and coinsurance responsibility, as well as additional
savings opportunities through other channels such as manufacturer
copayment assistance, cash price, and mail order pharmacy benefits.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code is amended by adding
at the end the following new item:
``Sec. 9826. Prohibition on blocking consumer decision-support
tools.''.
(d) Application.--The amendments made by subsections (a), (b), and
(c) shall apply with respect to plan years beginning on or after the
date that is 2 years after the date of enactment of this Act.
(e) Regulations.--The Secretary of Health and Human Services, the
Secretary of Labor, and the Secretary of the Treasury shall jointly
promulgate regulations to carry out the amendments made by subsections
(a), (b), and (c), and shall issue draft regulations not later than 1
year after the date of enactment of this Act.
<all>
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"title": "A bill to prohibit group health plans and health insurance issuers from entering into contracts that would prevent or restrict patient access to drug pricing information otherwise available through consumer decision-support tools.",
"titleType": "Official Title as Introduced"
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]
} | |
118S1375 | HELP Copays Act | [
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"M001198",
"Sen. Marshall, Roger [R-KS]",
"sponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
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"cosponsor"
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[
"M000133",
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],
[
"M001153",
"Sen... | <p><strong>Help Ensure Lower Patient Copays Act or the HELP Copays Act</strong></p> <p>This bill requires health insurance plans to apply certain payments made by, or on behalf of, a plan enrollee toward a plan's cost-sharing requirements. Specifically, plans must apply third-party payments, financial assistance, discounts, product vouchers, and other reductions in out-of-pocket expenses toward the requirements.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1375 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1375
To amend title XXVII of the Public Health Service Act to apply
additional payments, discounts, and other financial assistance towards
the cost-sharing requirements of health insurance plans, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Marshall (for himself, Mr. Kaine, Ms. Ernst, Mr. Markey, and Ms.
Murkowski) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act to apply
additional payments, discounts, and other financial assistance towards
the cost-sharing requirements of health insurance plans, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Ensure Lower Patient Copays
Act'' or the ``HELP Copays Act''.
SEC. 2. APPLICATION OF ADDITIONAL PAYMENTS, DISCOUNTS, AND OTHER
FINANCIAL ASSISTANCE TOWARD COST-SHARING REQUIREMENTS.
(a) Application Toward Cost-Sharing Requirements.--Section
2715(g)(1) of the Public Health Service Act (42 U.S.C. 300gg-15(g)(1))
is amended by adding at the end the following: ``In developing the
standards for defining the terms `deductible', `co-insurance', `co-
payment', and `out-of-pocket limit' (as described in paragraph (2)),
such standards shall provide that such terms include amounts paid by,
or on behalf of, an individual enrolled in a group health plan or group
or individual health insurance coverage, including third-party
payments, financial assistance, discounts, product vouchers, and other
reductions in out-of-pocket expenses and that such amounts shall be
counted toward such deductible, co-insurance, co-payment, or limit,
respectively.''.
(b) Conforming Amendments.--
(1) PPACA.--Section 1302(c)(3) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18022(c)(3)) is amended by
adding at the end the following new subparagraph:
``(C) Application of terms.--For purposes of
subparagraph (A), the terms `deductible',
`coinsurance', `copayment', or `similar charge' and any
other expenditure described in clause (ii) of such
subparagraph shall include amounts paid by, or on
behalf of, an individual enrolled in a group health
plan or group or individual health insurance coverage,
including third-party payments, financial assistance,
discounts, product vouchers, and other reductions in
out-of-pocket expenses and such amounts shall be
counted toward such deductible, coinsurance, copayment,
charge, or other expenditure, respectively.''.
(2) PHSA.--Section 2707(b) of the Public Health Service Act
(42 U.S.C. 300gg-6(b)) is amended by adding at the end the
following new sentence: ``For purposes of the previous
sentence, such limitation shall be applied as if the reference
to `essential health benefits' in section 1302(c)(3) of the
Patient Protection and Affordable Care Act were a reference to
`any item or service covered under the plan included within a
category of essential health benefits as described in (b)(1) of
such section'.''.
<all>
</pre></body></html>
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118S1376 | Forced Arbitration Injustice Repeal Act | [
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"sponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
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[
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[
"W000802",
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[
"W00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1376
To amend title 9 of the United States Code with respect to arbitration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Blumenthal (for himself, Mr. Markey, Mr. Schatz, Mr. Whitehouse,
Ms. Warren, Mr. Warnock, Mr. Merkley, Mr. Wyden, Mr. Durbin, Mr.
Sanders, Mr. Reed, Ms. Cortez Masto, Mr. Casey, Mr. Kaine, Mrs.
Gillibrand, Ms. Duckworth, Mrs. Murray, Ms. Rosen, Mr. Coons, Mr.
Brown, Mr. Murphy, Mrs. Feinstein, Mr. Booker, Mr. Van Hollen, Ms.
Baldwin, Ms. Hirono, Mr. Menendez, Ms. Cantwell, Ms. Klobuchar, Mr.
Padilla, Ms. Hassan, Mr. Welch, Mr. Lujan, Ms. Smith, Mr. Carper, Mr.
Bennet, and Mrs. Shaheen) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 9 of the United States Code with respect to arbitration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forced Arbitration Injustice Repeal
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) prohibit predispute arbitration agreements that force
arbitration of future employment, consumer, antitrust, or civil
rights disputes; and
(2) prohibit agreements and practices that interfere with
the right of individuals, workers, and small businesses to
participate in a joint, class, or collective action related to
an employment, consumer, antitrust, or civil rights dispute.
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 5--ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES
``Sec.
``501. Definitions.
``502. No validity or enforceability.
``Sec. 501. Definitions
``In this chapter--
``(1) the term `antitrust dispute' means a dispute--
``(A) arising from an alleged violation of the
antitrust laws (as defined in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12(a))) or
State antitrust laws; and
``(B) in which the plaintiffs seek certification as
a class under rule 23 of the Federal Rules of Civil
Procedure or a comparable rule or provision of State
law;
``(2) the term `civil rights dispute' means a dispute--
``(A) arising from an alleged violation of--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) any Federal, State, or local law
that prohibits discrimination on the basis of
race, sex, age, gender identity, sexual
orientation, disability, religion, national
origin, or any legally protected status in
education, employment, credit, housing, public
accommodations and facilities, voting, veterans
or servicemembers, health care, or a program
funded or conducted by the Federal Government
or a State government, including any law
referred to or described in section 62(e) of
the Internal Revenue Code of 1986, including
parts of such law not explicitly referenced in
such section but that relate to protecting
individuals on any such basis; and
``(B) in which at least 1 party alleging a
violation described in subparagraph (A) is an
individual (or an authorized representative of an
individual), including an individual seeking
certification as a class under rule 23 of the Federal
Rules of Civil Procedure or a comparable rule or
provision of State law;
``(3) the term `consumer dispute' means a dispute between--
``(A) 1 or more individuals, including an
individual who seeks certification as a class under
rule 23 of the Federal Rules of Civil Procedure or a
comparable rule or provision of State law, who seek or
acquire real or personal property, services (including
services related to digital technology), securities or
other investments, money, or credit for personal,
family, or household purposes; and
``(B)(i) the seller or provider of such property,
services, securities or other investments, money, or
credit; or
``(ii) a third party involved in the selling,
providing of, payment for, receipt or use of
information about, or other relationship to any such
property, services, securities or other investments,
money, or credit;
``(4) the term `employment dispute'--
``(A) means a dispute between 1 or more individuals
(or their authorized representative) and a person
arising out of or related to the work relationship or
prospective work relationship between them, including a
dispute regarding the terms of or payment for,
advertising of, recruiting for, referring of, arranging
for, or discipline or discharge in connection with,
such work, regardless of whether the individual is or
would be classified as an employee or an independent
contractor with respect to such work; and
``(B) includes--
``(i) a dispute arising under any law
referred to or described in section 62(e) of
the Internal Revenue Code of 1986, including
parts of such law not explicitly referenced in
such section but that relate to protecting
individuals on any such basis; and
``(ii) a dispute in which an individual
seeks certification as a class under rule 23 of
the Federal Rules of Civil Procedure or as a
collective action under section 16(b) of the
Fair Labor Standards Act (29 U.S.C. 216(b)), or
a comparable rule or provision of State law;
``(5) the term `predispute arbitration agreement' means an
agreement to arbitrate a dispute that has not yet arisen at the
time of the making of the agreement; and
``(6) the term `predispute joint-action waiver' means an
agreement, whether or not part of a predispute arbitration
agreement, that would prohibit, or waive the right of, one of
the parties to the agreement to participate in a joint, class,
or collective action in a judicial, arbitral, administrative,
or other forum, concerning a dispute that has not yet arisen at
the time of the making of the agreement.
``Sec. 502. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement or predispute joint-action
waiver shall be valid or enforceable with respect to an employment
dispute, consumer dispute, antitrust dispute, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies with respect to a dispute shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
a court, rather than an arbitrator, irrespective of whether the
party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement, and irrespective of
whether the agreement purports to delegate such determinations
to an arbitrator.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of a worker to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'' and
inserting ``of individuals, regardless of whether the
individuals are designated as employees or independent
contractors for other purposes'';
(B) in section 2, by inserting ``or 5'' before the
period at the end;
(C) in section 208, in the second sentence, by
inserting ``or 5'' before the period at the end; and
(D) in section 307, in the second sentence, by
inserting ``or 5'' before the period at the end.
(2) Table of chapters.--The table of chapters of title 9,
United States Code, is amended by adding at the end the
following:
``5. Arbitration of employment, consumer, antitrust, and 501''.
civil rights disputes.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises or accrues on or after such date.
<all>
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118S1377 | Visitable Inclusive Tax credits for Accessible Living (VITAL) Act | [
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... | <p> <strong>Visitable Inclusive Tax credits for Accessible Living (VITAL) Act </strong></p> <p>This bill increases the low-income housing tax credit to serve the housing needs of older people and people with disabilities. Specifically, the bill increases state allocations of the credit and credit amounts for projects for assisting households with disabled individuals.</p> <p>The bill requires each state housing finance agency to establish and operate a Resource Center for the Low-Income Housing Tax Credit Program to support new program applicants and recipients. It also establishes a National Low-Income Housing Tax Credit Advisory Council to provide best practice recommendations to state housing finance agencies and other entities relating to affordable housing trends.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1377 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1377
To amend the Internal Revenue Code of 1986 to improve the low-income
housing credit.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Casey (for himself, Ms. Duckworth, Mrs. Gillibrand, Ms. Klobuchar,
and Mr. Welch) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to improve the low-income
housing credit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visitable Inclusive Tax credits for
Accessible Living (VITAL) Act''.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) increase low-income housing tax credits to increase the
stock of disability-accessible and affordable housing;
(2) ensure that States are using the Federal tax credits to
construct housing that will meet the needs of an aging
population and currently underserved populations such as
households with people with disabilities;
(3) encourage States to make sure older adults and
underserved populations are integrated into their community and
can fully participate in society; and
(4) increase technical assistance, awareness, knowledge,
and understanding of the low-income housing credit program and
the housing needs of older adults and people with disabilities.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) By 2060, 1 in every 4 Americans will be over age 65,
and currently, 2 in 5 adults over age 65 have a disability. As
people age, they need structurally safe and functional housing
that accommodates people with disabilities.
(2) Approximately 26 percent of people in the United States
have a disability, yet less than 6 percent of the national
housing supply is designed to be even rudimentarily accessible.
(3) An accessible home offers specific features or
technologies such as lowered kitchen counters and sinks,
widened doorways, and zero-step showers.
(4) A lack of affordable and accessible housing can
relegate people with disabilities to living in institutional
settings when they would prefer to live in a community setting.
(5) Older adults and people with disabilities prefer to
remain in their homes for as long as possible. More than 89
percent of adults aged 65 and over hope to stay in their homes
as they age.
(6) Older adults and people with disabilities must be able
to run errands, work, visit family and friends, and keep doctor
appointments, while not always being able to drive. Accessible
and affordable public transit options and walkable and roll-
able neighborhoods allow older adults and people with
disabilities to remain independent and active in their
communities.
(7) Many older adults and people with disabilities are
experiencing an affordability crisis. Approximately 4,800,000
non-institutionalized people with disabilities who depend on
Federal monthly Supplemental Security Income have incomes
averaging only about $9,156 per year, low enough to be priced
out of every rental housing market in the nation.
SEC. 4. INCREASES IN STATE ALLOCATIONS.
(a) In General.--Clause (ii) of section 42(h)(3)(C) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``$1.75'' in subclause (I) and inserting
``$4.47'', and
(2) by striking ``$2,000,000'' in subclause (II) and
inserting ``$5,154,965''.
(b) Cost-of-Living Adjustment.--Subparagraph (H) of section
42(h)(3) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``2002'' in clause (i) and inserting
``2023'',
(2) by striking ``the $2,000,000 and $1.75 amounts in
subparagraph (C)'' in clause (i) and inserting ``the $5,154,965
and $4.47 amounts in subparagraph (C)'',
(3) by striking ``2001'' in clause (i)(II) and inserting
``2022'',
(4) by striking ``$2,000,000 amount'' in clause (ii)(I) and
inserting ``$5,154,965'', and
(5) by striking ``$1.75 amount'' in clause (ii)(II) and
inserting ``$4.47''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2023.
SEC. 5. TAX-EXEMPT BOND FINANCING REQUIREMENT.
(a) In General.--Subparagraph (B) of section 42(h)(4) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following: ``In the case of buildings financed by an obligation first
taken into account under section 146 in calendar years beginning after
2023, the preceding sentence shall be applied by substituting `25
percent' for `50 percent'.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings placed in service in taxable years beginning after
December 31, 2023.
SEC. 6. INCREASE IN CREDIT FOR PROJECTS DESIGNATED TO SERVE HOUSEHOLDS
WITH PEOPLE WITH DISABILITIES.
(a) In General.--Paragraph (5) of section 42(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Increase in credit for projects designated to
serve households with people with disabilities.--
``(i) In general.--In the case of any
building--
``(I) 50 percent or more of the
low-income units in the building are
units designated by the taxpayer to
meet the applicable design standards
for occupancy by persons with mental,
physical, sensory, or developmental
disabilities,
``(II) which is located in a census
block group designated by the
Environmental Protection Agency as
being--
``(aa) above average or
better in terms of walkability,
or
``(bb) adjacent to 2 or
more census tracts described in
item (aa), and
``(III) which is designated by the
housing credit agency as requiring the
increase in credit under this
subparagraph in order for such building
to be financially feasible as part of a
qualified low-income housing project,
subparagraph (B) shall not apply to the portion
of such building which is comprised of such
units, and the eligible basis of such portion
of the building shall be 130 percent of such
basis determined without regard to this
subparagraph.
``(ii) Design standards.--For purposes of
clause (i)(I), the term `applicable design
standards' means the principles and standards
of adaptable design as detailed in the Uniform
Federal Accessibility Standards, or any
successor standard designated by the
Secretary.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings which receive allocations of housing credit dollar amount
or, in the case of projects financed by tax-exempt obligations as
described in section 42(h)(4) of the Internal Revenue Code of 1986,
which are first taken into account under section 146 of such Code,
after the date of the enactment of this Act.
SEC. 7. REQUIREMENT FOR PROJECTS DESIGNATED TO SERVE HOUSEHOLDS WITH
PEOPLE WITH DISABILITIES.
(a) In General.--Paragraph (1) of section 42(m) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Projects designated to serve households with
people with disabilities.--
``(i) In general.--The qualified allocation
plan shall ensure that, with respect to any 3-
year period, the applicable percentage is not
less than 40 percent.
``(ii) Applicable percentage.--For purposes
of this subparagraph, the applicable percentage
is the ratio (expressed as a percentage) of--
``(I) the number of low-income
units in all projects receiving an
allocation of the housing credit dollar
amount during such period which meet
the requirements of subclause (I) of
subsection (d)(5)(C)(i), to
``(II) the aggregate number of all
low-income units in all projects
receiving an allocation of the housing
credit dollar amount during such
period.
``(iii) Special rule.--For purposes of
clause (ii)(I), any low-income unit which is
part of a project which meets the requirements
of both subclause (I) and subclause (II) of
subsection (d)(5)(C)(i) shall be counted
twice.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings which receive allocations of housing credit dollar amount
or, in the case of projects financed by tax-exempt obligations as
described in section 42(h)(4) of the Internal Revenue Code of 1986,
which are first taken into account under section 146 of such Code,
after the date of the enactment of this Act.
SEC. 8. RESOURCE CENTERS FOR THE LOW-INCOME HOUSING TAX CREDIT PROGRAM.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means a Resource Center
established under subsection (b).
(2) Program.--The term ``Program'' means a program
established for allocating amount under section 42(h) of the
Internal Revenue Code of 1986.
(b) Establishment.--Each State housing finance agency shall
establish and operate a Resource Center for the Low-Income Housing Tax
Credit Program to support new applicants and recipients for the Program
in the State by--
(1) providing potential applicants and recipients with
information and technical assistance to effectively prepare and
submit a Program application;
(2) ensuring that all interested and eligible entities have
the tools to apply for the Program;
(3) prioritizing providing assistance to nonprofit and
first-time developers applying for the Program;
(4) identifying potential barriers to preparing and
submitting a successful application for the Program;
(5) prioritizing providing assistance to developers
dedicated to serving communities who have faced a history of
housing discrimination; and
(6) proposing streamlined solutions to those barriers that
the State and each locality within the State can adopt.
(c) Operating Standards and Reporting Requirements.--Each State
housing finance agency shall develop and issue operating standards and
reporting requirements for the Center established by the agency.
(d) Set Aside.--There is authorized to be appropriated $8,250,000
for fiscal year 2024 and each fiscal year thereafter to carry out this
section, of which $150,000 shall be allocated each fiscal year to each
State housing finance agency located in--
(1) a State of the United States;
(2) the District of Columbia; or
(3) a territory of the United States.
SEC. 9. NATIONAL LOW-INCOME HOUSING TAX CREDIT ADVISORY COUNCIL.
(a) Definitions.--In this section:
(1) Council.--The term ``Council'' means the National Low-
Income Housing Tax Credit Advisory Council established under
subsection (b).
(2) Covered property.--The term ``covered property'' means
a building receiving an allocation of credit under section 42
of the Internal Revenue Code of 1986.
(b) Establishment.--There is established a National Low-Income
Housing Tax Credit Advisory Council.
(c) Membership.--
(1) Selection; chair.--The Council shall be comprised of
members selected by a designee jointly selected by the
Secretary of Housing and Urban Development and the Secretary of
the Treasury, who shall serve as chair of the Council.
(2) Members.--The Council shall be composed of not less
than 1 representative from each of the following groups:
(A) Community-based organizations that support
individuals with disabilities living in covered
properties.
(B) Community-based organizations that support
older adults living in covered properties.
(C) Community-based organizations that support
veterans living in covered properties.
(D) Community-based organizations that support
families and children living in covered properties.
(E) A multi-State not-for-profit housing developer.
(F) A multi-State for-profit housing developer.
(G) Investors or syndicators of funds to which
credits allocated under section 42 of the Internal
Revenue Code of 1986 are sold.
(H) The research community.
(I) State housing finance agencies.
(J) Community-based organizations that support
individuals protected from discrimination under the
Fair Housing Act (42 U.S.C. 3601 et seq.).
(3) Qualifications.--The members of the Council shall--
(A) have a lived experience as part of the group
they represent; and
(B) represent a diversity of--
(i) educational and professional
backgrounds;
(ii) racial, ethnic, gender, and linguistic
identities;
(iii) disabilities, including intellectual
disabilities;
(iv) ages; and
(v) geographic locations.
(4) Duration.--Each member of the Council shall be
appointed for a period of 3 years and may be re-appointed for
an additional term.
(d) Duties.--The Council shall provide best practice
recommendations and resources to State housing finance agencies,
developers, investors, and consumers related to national trends in the
development of affordable housing under section 42 of the Internal
Revenue Code of 1986.
(e) Report.--
(1) In general.--The Council shall submit to each State
housing finance agency and the Secretary of Housing and Urban
Development a report, which shall be submitted not less
frequently than once every 3 years, with final recommendations
on best practices to--
(A) fulfill the mission of the credits allocated
under section 42 of the Internal Revenue Code of 1986;
(B) serve the needs of individuals with
disabilities and older adults; and
(C) study the effects of factors such as zoning,
land use requirements, location, and cost of affordable
housing developments.
(2) Public availability.--Upon receiving a report submitted
under paragraph (1), the Secretary of Housing and Urban
Development shall make the report available to the public.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for fiscal year 2024 and each fiscal year
thereafter to carry out this section, which amounts shall be provided
to the Council to cover the costs of travel and the necessary
operations of the Council.
<all>
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118S1378 | Connecting Our Medical Providers with Links to Expand Tailored and Effective Care | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
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[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1378
To amend title XVIII of the Social Security Act to provide incentives
for behavioral health integration under the Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Cortez Masto (for herself and Mr. Cornyn) 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 incentives
for behavioral health integration 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 ``Connecting Our Medical Providers
with Links to Expand Tailored and Effective Care'' or the ``COMPLETE
Care Act''.
SEC. 2. INCENTIVES FOR BEHAVIORAL HEALTH INTEGRATION.
(a) Incentives.--
(1) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)) is amended by adding at the end the
following new paragraph:
``(13) Incentives for behavioral health integration.--
``(A) In general.--For services described in
subparagraph (B) that are furnished during 2025, 2026,
or 2027, instead of the payment amount that would
otherwise be determined under this section for such
year, the payment amount shall be equal to the
applicable percent (as defined in subparagraph (C)) of
such payment amount for such year.
``(B) Services described.--The services described
in this subparagraph are services identified, as of
January 1, 2023, by HCPCS codes 99484, 99492, 99493,
99494, and G2214 (and any successor or similar codes as
determined appropriate by the Secretary).
``(C) Applicable percent.--In this paragraph, the
term `applicable percent' means, with respect to a
service described in subparagraph (A), the following:
``(i) For services furnished during 2025 ,
175 percent.
``(ii) For services furnished during 2026,
150 percent.
``(iii) For services furnished during 2027,
125 percent.''.
(2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv)
of such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
(A) in subclause (V), by striking ``and'' at the
end;
(B) in subclause (VI), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(VII) the increase in payment
amounts as a result of the application
of subsection (b)(13) shall not be
taken into account in applying clause
(ii)(II) for 2025, 2026, or 2027.''.
(b) Quality Measurement.--
(1) In general.--Section 1833(z) of the Social Security Act
(42 U.S.C. 1395l(z)) is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) Quality measurement relating to behavioral health
integration.--
``(A) In general.--The Secretary shall establish
quality measurement reporting requirements for
applicable physicians and practitioners (as defined in
subparagraph (B)) with respect to the extent to which
clinician practices are integrating behavioral health
services and primary care services, in accordance with
the succeeding provisions of this paragraph.
``(B) Applicable physicians and practitioners.--For
purposes of this paragraph, the term `applicable
physician or practitioner' means, with respect to a
year, a physician or a practitioner described in
section 1842(b)(18)(C) who is participating in an
eligible alternative payment entity for which the
associated alternative payment model involves the
delivery of primary care services to beneficiaries who
may have the need for mental health or substance use
disorder services, as determined by the Secretary.
``(C) Quality reporting by selected physicians and
practitioners.--With respect to each year beginning on
or after the date that is one year after one or more
measures are first specified under subparagraph (D), an
applicable physician or practitioner shall submit to
the Secretary data on quality measures specified under
such subparagraph. Such data shall be submitted in a
form and manner, and at a time, specified by the
Secretary for purposes of this subparagraph.
``(D) Quality measures.--
``(i) In general.--Subject to clause (ii),
any measure specified by the Secretary under
this subparagraph must have been endorsed by
the entity with a contract under section
1890(a).
``(ii) Exception.--In the case of a
specified area or medical topic determined
appropriate by the Secretary for which a
feasible and practical measure has not been
endorsed by the entity with a contract under
section 1890(a), the Secretary may specify a
measure that is not so endorsed as long as due
consideration is given to measures that have
been endorsed or adopted by a consensus
organization identified by the Secretary.
``(E) Implementation.--The Secretary may use
quality measures developed pursuant to this paragraph
in--
``(i) the shared savings program under
section 1899; and
``(ii) the Primary Care First Model, the
Accountable Care Organization Realizing Equity,
Access, and Community Health (ACO REACH) Model,
and any other alternative payment model (as
defined in paragraph (3)(C)) as determined
appropriate by the Secretary.''.
(2) Conforming amendment relating to convening multi-
stakeholder groups.--Section 1890(b)(7)(B)(i)(I) of the Social
Security Act (42 U.S.C. 1395aaa(b)(7)(B)(i)(I)) is amended by
inserting ``1833(z)(4),'' after ``1833(t)(17),''.
(c) Technical Assistance for the Adoption of Behavioral Health
Integration.--
(1) In general.--Not later than January 1, 2025, the
Secretary of Health and Human Services shall enter into
contracts or agreements with appropriate entities to offer
technical assistance to primary care practices that are seeking
to adopt behavioral health integration models in such
practices.
(2) Behavioral health integration models.--For purposes of
paragraph (1), behavioral health integration models include the
Collaborative Care Model (with services identified as of
January 1, 2023, by HCPCS codes 99492, 99493, 99494, and G2214
(and any successor codes)), the Primary Care Behavioral Health
model (with services identified as of January 1, 2023, by HCPCS
code 99484 (and any successor code)), and other models
identified by the Secretary.
(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services for each of fiscal years 2024 through 2027, out of any
money in the Treasury not otherwise appropriated, such sums as
are necessary, to remain available until expended, for purposes
of carrying out this subsection.
<all>
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118S1379 | Excess Urban Heat Mitigation Act of 2023 | [
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1379
To require the Secretary of Housing and Urban Development to establish
an excess urban heat mitigation grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Brown 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 Housing and Urban Development to establish
an excess urban heat mitigation 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 ``Excess Urban Heat Mitigation Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Heat stress is a leading weather-related cause of death
in the United States, with more than 600 people killed in the
United States by extreme heat every year, and many more
experiencing respiratory problems and heat-related illness.
(2) Urban areas are likely to experience higher
temperatures than surrounding areas due to design-related
attributes of the built environment, including manmade factors
such as low solar reflectance, low vegetation and tree cover,
high building density, high impervious surface cover, and waste
heat emissions.
(3) Underserved communities are disproportionately impacted
by extreme heat. In the United States, low-income census blocks
have 15.2 percent less tree cover and an average land surface
temperature that is 1.5 degrees Celsius hotter than high-income
blocks.
(4) Studies show that in 97 percent of the largest
urbanized areas in the United States, people of color live in
census tracts with higher surface urban heat intensity than
non-Hispanic Whites, indicating that heat exposure is unequally
distributed by race.
(5) Urban heat is not only a public health threat but also
an economic one, as rising heat leads to increased roadway
maintenance costs, higher residential and commercial summer
energy costs, and lost labor productivity, as well as the cost
to patients and health care infrastructure for heat-related
hospitalizations and emergency department visits.
(6) Excess urban heat causes increased energy consumption,
elevated emission of air pollutants and greenhouse gases, and
impaired water quality.
(7) Heat waves are expected to not only occur more
frequently in the United States but also be of longer duration,
lasting 10 to 20 days longer by the end of the century.
(8) Solutions exist that communities can implement now to
mitigate the challenge of urban heat. One example is the
planting of urban trees to offset or reverse the urban heat
island effect. Studies in multiple cities in the United States
have shown that urban trees can offset projected increases in
heat-related mortality in 2050 by 40 to 99 percent.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered census tract.--The term ``covered census
tract'' means a census tract with a poverty rate of not less
than 20 percent, as measured by the 5-year data series
available from the American Community Survey of the Bureau of
the Census for the period of 2014 through 2018, including such
a census tract that includes an area that was designated as
``hazardous'' or ``definitely declining'' in maps drawn by the
Home Owners' Loan Corporation.
(2) Covered grant.--The term ``covered grant'' means a
grant awarded under section 4(a).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State (as defined in section 102 of the
Housing and Community Development Act of 1974 (42
U.S.C. 5302));
(B) a metropolitan planning organization;
(C) a unit of general local government (as defined
in section 102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302));
(D) an Indian tribe (as defined in section 102 of
the Housing and Community Development Act of 1974 (42
U.S.C. 5302));
(E) a territorial government;
(F) a nonprofit organization working in
coordination with an entity described in subparagraphs
(A) through (E); and
(G) a consortium of nonprofit organizations.
(4) Eligible project.--The term ``eligible project''--
(A) means a project designed to mitigate or manage
heat in an urban area by--
(i) working to mitigate the causes of
higher temperatures; or
(ii) managing the impacts of higher
temperatures or other extreme weather events;
and
(B) includes the implementation, construction, or
maintenance of--
(i) tree planting and maintenance with,
wherever possible, preference for--
(I) native tree species;
(II) tree species with high shade
production and carbon sequestration;
and
(III) tree species that are
valuable for food production;
(ii) cool pavements;
(iii) cool roofs;
(iv) green roofs;
(v) bus and other transit stop shelters;
(vi) shade structures;
(vii) cooling centers with, wherever
possible, preference for--
(I) cooling centers that
collaborate with existing community
centers and spaces;
(II) cooling centers with year-
round accessibility, and
(III) cooling centers that utilize
renewable energy;
(viii) community gardens, including
agroforestry practices;
(ix) outreach to communities about
resources available under this section;
(x) local heat mitigation and management
education efforts;
(xi) urban forestry master plans;
(xii) urban tree canopy assessments;
(xiii) arboriculture training;
(xiv) maintenance of existing urban trees;
or
(xv) other actions the Secretary determines
appropriate to mitigate or manage excess urban
heat.
(5) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, culture, national
origin, income, and educational levels with respect to the
development, implementation, and enforcement of protective
environmental laws, regulations, and policies.
(6) Excess urban heat effect.--The term ``excess urban heat
effect'' means the phenomenon of local urban warming, resulting
from manmade factors such as low solar reflectance, low tree
cover, high building density, high impervious surface cover,
and waste heat emissions.
(7) Extreme heat.--The term ``extreme heat'' means a
prolonged period of excessively hot weather, with temperatures
well above climatological normals for a given location and
season.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) Urban area.--The term ``urban area'' has the meaning
given the term in section 101(a) of title 23, United States
Code.
(11) Urban forestry master plan.--The term ``urban forestry
master plan'' means a strategic plan that establishes the
overall vision, goals, objectives, and implementation tools to
evaluate, maintain and expand the urban tree canopy with the
intention of building resilience to extreme weather events,
reducing the urban heat island effect, mitigating stormwater
runoff, reducing nutrient runoff, addressing air quality, and
preserving biodiversity.
(12) Urban tree canopy assessment.--The term ``urban tree
canopy assessment'' means a measure of a community's tree
canopy coverage as a percentage of the total land area that
serves as a baseline for setting community tree canopy goals
and measuring progress.
SEC. 4. URBAN HEAT MITIGATION AND MANAGEMENT GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Office of Community
Planning and Development, in coordination with the Administrator of the
Environmental Protection Agency, the Chief of the Forest Service, and
the Director of the Climate Program Office of the National Oceanic and
Atmospheric Administration, shall establish an urban heat mitigation
and management grant program to award grants to eligible entities to
implement eligible projects.
(b) Set-Aside.--Not less than 75 percent of the amounts of covered
grants awarded for a fiscal year shall be awarded to eligible entities
to implement projects in a covered census tract.
(c) Technical Assistance.--
(1) In general.--Not more than 3 percent of amounts
appropriated to carry out this section may be used to provide
technical assistance to eligible entities applying for or
implementing a covered grant.
(2) Preference.--In providing technical assistance under
paragraph (1), the Secretary shall give preference to eligible
entities that intend to serve communities--
(A) located in a covered census tract; or
(B) with lower-tree canopy and higher maximum
daytime summer temperatures compared to surrounding
communities, as determined by the Secretary, based on
publicly available information.
(3) Inclusions.--Technical assistance provided under
paragraph (1) may include--
(A) assistance developing a complete application;
(B) financial analysis and budget development;
(C) support for project integration;
(D) assessment of project readiness; and
(E) technical assistance implementing activities
once a covered grant is received.
(d) Application.--
(1) In general.--An eligible entity desiring a covered
grant shall submit to the Secretary an application, at such
time and in such manner as required by the Secretary in
guidance, that includes, at a minimum--
(A) how the eligible entity will use the covered
grant;
(B) how the eligible projects funded will combat
extreme heat or excess urban heat effects and improve
quality of life for impacted communities;
(C) a robust engagement plan that--
(i) outlines how the eligible entity will
meaningfully and inclusively engage with the
communities in which the eligible projects take
place throughout project implementation; and
(ii) demonstrates how the eligible entity
plans to--
(I) foster meaningful, reciprocal
relationships with community-based
organizations;
(II) engage in respectful, good-
faith consultation with diverse
community stakeholders; and
(III) empower members of the
community to participate in decision
making; and
(D) how the eligible entity will address the
intersection between human health, environment, and
built environment.
(2) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue the guidance
described in paragraph (1).
(e) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
with amounts from a covered grant shall be not more than 80
percent.
(2) Waiver.--The Secretary may increase the maximum Federal
share described in paragraph (1) from 80 percent to 100 percent
for an eligible project carried out by an eligible entity that
demonstrates economic hardship, as determined by the Secretary.
(f) Priority.--In awarding covered grants, the Secretary shall give
priority to an eligible entity that serves--
(1) a community located in a covered census tract; or
(2) a community with lower tree canopy and higher maximum
daytime summer temperatures compared to surrounding
communities, as determined by the Secretary, based on publicly
available information.
(g) Reporting Requirement.--The Secretary shall submit an annual
report to Congress that identifies the recipients of covered grants and
the geographic and economic distribution of those recipients.
(h) Oversight.--
(1) In general.--In order to ensure the effectiveness of
projects that are carried out using covered grants, the
Secretary shall use not more than 5 percent of any amounts
appropriated to carry out this section to establish an
oversight board to help--
(A) select recipients of covered grants; and
(B) review the progress made by recipients of
covered grants on a yearly basis.
(2) Evaluation.--The board established under paragraph (1)
shall--
(A) develop and apply a rubric to evaluate the
success of projects carried out using covered grants in
reaching their objective to combat the causes and
effects of excess urban heat; and
(B) serve the Secretary in an advisory capacity.
(3) Membership.--
(A) In general.--Members of the board established
under paragraph (1) may include--
(i) representatives from the Environmental
Protection Agency, particularly from the Heat
Island Reduction Program;
(ii) representatives from the Department of
Health and Human Services, particularly from
the Office of Climate Change and Health Equity;
(iii) representatives from the Department
of Energy, particularly from the Office of
Energy Efficiency and Renewable Energy;
(iv) representatives from the Department of
Agriculture, particularly from the Urban and
Community Forestry Program;
(v) subject to subparagraph (B),
representatives from nonprofit organizations
with proven leadership in urban heat mitigation
or environmental justice, as determined by the
Secretary; and
(vi) subject to subparagraph (B),
representatives from academia and research
studying the effects of and mitigation of
excess urban heat, environmental justice, or
related areas.
(B) Certification required.--In order to be a
member of the board established under paragraph (1), a
representative described in clause (v) or (vi) of
subparagraph (A) of this paragraph shall certify that
the representative does not possess any conflict of
interest with respect to projects being considered for
a covered grant or being carried out using a covered
grant.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2023 through 2030.
<all>
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118S138 | Promoting a Resolution to the Tibet-China Conflict Act | [
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"Sen. Young, Todd [R-IN]",
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[
"B001310",... | <p><b>Promoting a Resolution to the Tibet-China Conflict Act</b></p> <p>This bill addresses issues relating to Tibet, including by establishing a statutory definition of Tibet that includes areas in Chinese provinces outside the Tibet Autonomous Region (TAR). </p> <p>For the purposes of U.S. policies and activities relating to Tibet, this bill defines Tibet to include the TAR and the Tibetan areas of the Qinghai, Sichuan, Gansu, and Yunnan provinces. (Generally, when China's government refers to Tibet, it means only the TAR, while Tibetan exile groups consider historical Tibet to include the TAR as well as areas in the provinces included in this bill's definition. China's government formally established the TAR in 1965.)</p> <p>Furthermore, the objectives of the Office of the U.S. Special Coordinator for Tibetan Issues shall include working to ensure that U.S. government statements and documents counter disinformation about Tibet by China's government and the Chinese Communist Party, including disinformation about Tibet's history and institutions. The bill also authorizes the office to take other actions to counter such disinformation. </p> <p>This bill also states that it is U.S. policy that the conflict between Tibet and China is unresolved and that Tibet's legal status remains to be determined in accordance with international law. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 138
To amend the Tibetan Policy Act of 2002 to modify certain provisions of
that Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Merkley (for himself and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Tibetan Policy Act of 2002 to modify certain provisions of
that 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 ``Promoting a Resolution to the Tibet-
China Conflict Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It has been the long-standing policy of the United
States to encourage meaningful and direct dialogue between
People's Republic of China authorities and the Dalai Lama or
his representatives, without preconditions, to seek a
settlement that resolves differences.
(2) Ten rounds of dialogue held between 2002 and 2010
between the People's Republic of China authorities and the 14th
Dalai Lama's representatives failed to produce a settlement
that resolved differences, and the two sides have not met since
January 2010.
(3) An obstacle to further dialogue is that the Government
of the People's Republic of China continues to impose
conditions on His Holiness the Dalai Lama for a resumption of
dialogue, including a demand that he say that Tibet has been
part of China since ancient times, which the Dalai Lama has
refused to do because it is false.
(4) United States Government statements that the United
States considers Tibet a part of the People's Republic of China
have reflected the reality on the ground that the Government of
the People's Republic of China has exerted effective control
over Tibet.
(5) The United States Government has never taken the
position that Tibet was a part of China since ancient times or
that the means by which the Government of the People's Republic
of China came to exert effective control over Tibet was
consistent with international law or included the free or
meaningful consent of the Tibetan people.
(6) United States Government documents dated January 9,
1919, June 1, 1944, June 17, 1949, April 4, 1951, December 3,
1951, March 23, 1961, and February 14, 1963, listed Tibet as an
entity separate and distinct from China.
(7) Article 1 of the International Covenant on Civil and
Political Rights and Article 1 the International Covenant on
Economic, Social and Cultural Rights provide that ``All peoples
have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue
their economic, social and cultural development.''.
(8) Under international law, including United Nations
General Assembly Resolution 2625, the right to self-
determination is the right of a people to determine its own
destiny and the exercise of this right can result in a variety
of outcomes ranging from independence, federation, protection,
some form of autonomy or full integration within a State.
(9) United Nations General Assembly Resolution 1723,
adopted on December 20, 1961, called for the ``cessation of
practices which deprive the Tibetan people of their fundamental
human rights and freedoms, including their right to self-
determination.''.
(10) In a December 30, 1950, note to the Governments of the
United Kingdom and India, the Department of State wrote that
``The United States, which was one of the early supporters of
the principle of self-determination of peoples, believes that
the Tibetan people has the same inherent right as any other to
have the determining voice in its political destiny. It is
believed further that, should developments warrant,
consideration could be given to recognition of Tibet as an
independent State.''.
(11) In a June 2, 1951, telegram to the United States
Embassy in New Delhi, the State Department wrote that Tibet
should not ``be compelled by duress [to] accept [the] violation
[of] its autonomy'' and that the Tibetan people should ``enjoy
certain rights [of] self-determination, commensurate with [the]
autonomy Tibet has maintained since [the] Chinese
revolution.''.
(12) Secretary of State Antony Blinken, in a May 26, 2022,
speech entitled ``The Administration's Approach to the People's
Republic of China,'' said that the rules-based international
order's ``founding documents include the UN Charter and the
Universal Declaration of Human Rights, which enshrined concepts
like self-determination, sovereignty, the peaceful settlement
of disputes. These are not Western constructs. They are
reflections of the world's shared aspirations.''.
(13) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note),
in directing the United States Government ``to promote the
human rights and distinct religious, cultural, linguistic, and
historical identity of the Tibetan people'' acknowledges that
the Tibetan people possess a distinct religious, cultural,
linguistic, and historical identity.
(14) Department of State reports on human rights and
religious freedom have consistently documented repression by
the People's Republic of China authorities against Tibetans as
well as acts of defiance and resistance by Tibetan people
against the People's Republic of China policies.
(15) Section 355 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat.
713) stated that it is the sense of Congress that--
(A) ``Tibet, including those areas incorporated
into the Chinese provinces of Sichuan, Yunnan, Gansu,
and Qinghai, is an occupied country under the
established principles of international law'';
(B) ``Tibet's true representatives are the Dalai
Lama and the Tibetan Government in exile as recognized
by the Tibetan people'';
(C) ``Tibet has maintained throughout its history a
distinctive and sovereign national, cultural, and
religious identity separate from that of China and,
except during periods of illegal Chinese occupation,
has maintained a separate and sovereign political and
territorial identity'';
(D) ``historical evidence of this separate identity
may be found in Chinese archival documents and
traditional dynastic histories, in United States
recognition of Tibetan neutrality during World War II,
and in the fact that a number of countries including
the United States, Mongolia, Bhutan, Sikkim, Nepal,
India, Japan, Great Britain, and Russia recognized
Tibet as an independent nation or dealt with Tibet
independently of any Chinese government'';
(E) ``1949-1950, China launched an armed invasion
of Tibet in contravention of international law'';
(F) ``it is the policy of the United States to
oppose aggression and other illegal uses of force by
one country against the sovereignty of another as a
manner of acquiring territory, and to condemn
violations of international law, including the illegal
occupation of one country by another''; and
(G) ``numerous United States declarations since the
Chinese invasion have recognized Tibet's right to self-
determination and the illegality of China's occupation
of Tibet.''.
(16) The joint explanatory statement to accompany division
K of the Consolidated Appropriations Act for Fiscal Year 2023
(Public Law 117-328) states that ``Funds appropriated by the
Act shall not be used to produce or disseminate documents,
maps, or other materials that recognize or identify Tibet,
including the Tibet Autonomous Region and other Tibetan
autonomous counties and prefectures, as part of the PRC until
the Secretary of State reports to the appropriate congressional
committees that the Government of the PRC has reached a final
negotiated agreement on Tibet with the Dalai Lama or his
representatives or with democratically elected leaders of the
Tibetan people.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the Tibetan people are a people entitled to the right
of self-determination under international law, including the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights
and that their ability to exercise this right is precluded by
the current policies of the People's Republic of China; and
(2) the conflict between Tibet and the People's Republic of
China is unresolved, and that the legal status of Tibet remains
to be determined in accordance with international law.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) claims made by officials of the People's Republic of
China and the Chinese Communist Party that Tibet has been a
part of China since ancient times are historically false;
(2) the Government of the People's Republic of China has
failed to meet the expectations of the United States to engage
in meaningful dialogue with the Dalai Lama or his
representatives toward a peaceful settlement of the unresolved
conflict between Tibet and the People's Republic of China; and
(3) United States public diplomacy efforts should counter
disinformation about Tibet from the Government of the People's
Republic of China and the Chinese Communist Party, including
disinformation about the history of Tibet, the Tibetan people,
and Tibetan institutions including that of the Dalai Lama.
SEC. 5. MODIFICATIONS TO THE TIBETAN POLICY ACT OF 2002.
(a) Tibet Negotiations.--Section 613(b) of the Tibetan Policy Act
of 2002 (22 U.S.C. 6901 note) 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) efforts to counter disinformation about Tibet from
the Government of the People's Republic of China and the
Chinese Communist Party, including disinformation about the
history of Tibet, the Tibetan people, and Tibetan institutions
including that of the Dalai Lama.''.
(b) United States Special Coordinator for Tibetan Issues.--Section
621(d) of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is
amended--
(1) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) work to ensure that United States Government
statements and documents counter, as appropriate,
disinformation about Tibet from the Government of the People's
Republic of China and the Chinese Communist Party, including
disinformation about the history of Tibet, the Tibetan people,
and Tibetan institutions including that of the Dalai Lama;''.
(c) Geographic Definition of Tibet.--The Tibetan Policy Act of 2002
(22 U.S.C. 6901 note) is amended by adding at the end the following:
``SEC. 622. GEOGRAPHIC DEFINITION OF TIBET.
``In this Act and in implementing policies relating to the Tibetan
people under other provisions of law, the term `Tibet', unless
otherwise specified, means--
``(1) the Tibet Autonomous Region; and
``(2) the Tibetan areas of Qinghai, Sichuan, Gansu, and
Yunnan provinces.''.
SEC. 6. AVAILABILITY OF AMOUNTS TO COUNTER DISINFORMATION ABOUT TIBET.
Amounts authorized to be appropriated or otherwise made available
to carry out section 201(c) of the Asia Reassurance Initiative Act of
2018 (22 U.S.C. 2292 et seq.) are authorized to be made available to
counter disinformation about Tibet from the Government of the People's
Republic of China and the Chinese Communist Party, including
disinformation about the history of Tibet, the Tibetan people, and
Tibetan institutions including that of the Dalai Lama.
<all>
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118S1380 | Neighborhood Tree 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. 1380 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1380
To amend the Cooperative Forestry Assistance Act of 1978 to provide
States and communities with additional assistance to plant and maintain
trees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Brown (for himself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Cooperative Forestry Assistance Act of 1978 to provide
States and communities with additional assistance to plant and maintain
trees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Tree Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the presence of a healthy and well-maintained urban
forest can--
(A) support--
(i) the physical and mental health of
community residents;
(ii) the regulation of air quality;
(iii) the mitigation of the urban heat
island effect;
(iv) the reduction of energy demand; and
(v) stormwater management; and
(B) provide other benefits;
(2) according to research of the Forest Service, the
estimated value of benefits described in paragraph (1) exceeds
$18,000,000,000;
(3) the maintenance and management of an urban forest
offers additional opportunities relating to workforce
development, job creation, and enhancement of property values;
(4) urban forest canopy cover is inequitably distributed
among racial groups and income levels, exacerbating disparities
in exposure, for example, to the urban heat island effect and
in related health risks or financial burdens relating to
cooling;
(5) the effects of historical discriminatory policies, such
as redlining, continue to have effects on urban environments;
(6) a recent analysis shows that--
(A) urbanized neighborhoods with mostly people of
color have 33 percent less tree canopy on average than
majority white neighborhoods; and
(B) low-income neighborhoods have 41 percent less
tree cover than neighborhoods with low rates of
poverty;
(7) additional analyses of cities in the United States
found that--
(A) communities primarily inhabited by United
States-born, white populations contain more than twice
the urban forest canopy cover of communities primarily
inhabited by racial and ethnic minorities; and
(B) there were elevated land temperatures in
formerly redlined areas compared to their nonredlined
counterparts, by an average 2.6 degrees Celsius and up
to 7 degrees Celsius; and
(8) to reduce disparities in the enjoyment of the social,
environmental, and economic benefits of healthy and well-
maintained urban forests and manage risks relating to heat
exposure and other urban stressors, the Federal Government
should accelerate actions to enhance the health and resilience
of urban forests, with investment in priority communities.
SEC. 3. NEIGHBORHOOD TREE FUND.
Section 9 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2105) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Neighborhood Tree Fund.--
``(1) In general.--Consistent with the purposes described
in subsection (b), the Secretary shall establish the
Neighborhood Tree Fund (referred to in this subsection as the
`Fund').
``(2) Assistance.--The Secretary shall use amounts from the
Fund to provide assistance to eligible entities described in
paragraph (3) to increase and improve the overall health of the
tree canopy in a community.
``(3) Eligibility.--An entity that is eligible to receive
assistance under paragraph (2) is--
``(A) a State;
``(B) an Indian Tribe; and
``(C) a local unit of government, approved
organization, or local community tree volunteer group
described in subsection (b)(4).
``(4) Requirements.--The Secretary, in consultation with
the Secretary of Housing and Urban Development, shall establish
requirements for the receipt of assistance under paragraph (2),
including requirements with respect to--
``(A) engagement with communities and stakeholders;
``(B) the conduct of a tree canopy assessment;
``(C) the use of climate change science in the
design of a project using the assistance;
``(D) the conduct of site preparation and tree
species selection; and
``(E) the conduct of monitoring and maintenance to
ensure the successful establishment of the tree canopy.
``(5) Priority.--The Secretary shall give priority to the
provision of assistance under paragraph (2) to eligible
entities that propose projects that--
``(A) include and prioritize tree planting and tree
maintenance in--
``(i) a census tract with a poverty rate of
not less than 20 percent, as measured by the 5-
year data series available from the American
Community Survey of the Bureau of the Census
for the period of 2014 through 2018, including
such a census tract that includes an area that
was designated as `hazardous' or `definitely
declining' in maps drawn by the Home Owners'
Loan Corporation; or
``(ii) a community or neighborhood with
lower tree canopy and higher maximum daytime
summer temperatures compared to surrounding
communities or neighborhoods, as determined by
the Secretary, based on publicly available
information; or
``(B) optimize outcomes for climate mitigation and
resilience for the purpose of public health, as
determined by the Secretary.
``(6) Limitations on use of amounts for community tree
assessments.--Not more than 10 percent of the amount made
available under paragraph (7) for a fiscal year may be used for
the development of community tree assessments.
``(7) Authorization of appropriations.--There are
authorized to be appropriated for deposit into the Fund, for
use by the Secretary to carry out this subsection, not less
than--
``(A) $100,000,000 for fiscal year 2024;
``(B) $200,000,000 for fiscal year 2025;
``(C) $400,000,000 for fiscal year 2026;
``(D) $600,000,000 for fiscal year 2027; and
``(E) $700,000,000 for fiscal year 2028.''.
SEC. 4. NATIONAL URBAN AND COMMUNITY FORESTRY ADVISORY COUNCIL
COMPOSITION.
Section 9(g)(2)(A) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2105(g)(2)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``15''
and inserting ``16'';
(2) in each of clauses (i) through (viii), by striking the
comma at the end and inserting a period;
(3) in clause (ix), by striking ``, and'' at the end and
inserting a period; and
(4) by striking clause (x) and inserting the following:
``(x) 3 members who are not officers or
employees of any governmental body and who have
expertise and have been active in urban and
community forestry, of whom--
``(I) 1 is a resident of a
community with a population of less
than 50,000 as of the most recent
census; and
``(II) 1 is a resident of a low-
income community, as determined by the
Secretary.''.
<all>
</pre></body></html>
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118S1381 | Coastal Habitat Conservation Act of 2023 | [
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1381 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1381
To authorize the Secretary of the Interior, through the Coastal Program
of the United States Fish and Wildlife Service, to work with willing
partners and provide support to efforts to assess, protect, restore,
and enhance important coastal landscapes that provide fish and wildlife
habitat on which certain Federal trust species depend, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Cardin (for himself and Mr. Graham) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior, through the Coastal Program
of the United States Fish and Wildlife Service, to work with willing
partners and provide support to efforts to assess, protect, restore,
and enhance important coastal landscapes that provide fish and wildlife
habitat on which certain Federal trust species depend, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Habitat Conservation Act of
2023''.
SEC. 2. PURPOSE.
The purpose of this Act is to legislatively authorize the Coastal
Program of the Service in effect as of the date of enactment of this
Act to conduct collaborative landscape-level planning and on-the-ground
coastal habitat assessment, coastal habitat protection, coastal habitat
restoration, and coastal habitat enhancement projects in priority
coastal landscapes to conserve and recover Federal trust species.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal ecosystem.--The term ``coastal ecosystem''
means a biological community of organisms interacting with each
other and their habitats in a coastal landscape.
(2) Coastal habitat assessment.--The term ``coastal habitat
assessment'' means the process of evaluating the physical,
chemical, and biological function of a coastal site to
determine the value of the site to fish and wildlife.
(3) Coastal habitat enhancement.--The term ``coastal
habitat enhancement'' means the manipulation of the physical,
chemical, or biological characteristics of a coastal ecosystem
to increase or decrease specific biological functions that make
the ecosystem valuable to fish and wildlife.
(4) Coastal habitat planning.--The term ``coastal habitat
planning'' means the process of developing a comprehensive plan
that--
(A) characterizes a coastal ecosystem;
(B) sets protection, restoration, or enhancement
goals, and identifies the priorities of those goals;
(C) describes conservation strategies and
methodologies;
(D) establishes a timetable for implementation of
the plan; and
(E) identifies roles of participants and
stakeholders.
(5) Coastal habitat protection.--
(A) In general.--The term ``coastal habitat
protection'' means a long-term action to safeguard
habitats of value to fish and wildlife in a coastal
ecosystem.
(B) Inclusion.--The term ``coastal habitat
protection'' includes activities to support
establishment of a conservation easement or fee title
acquisition by Federal and non-Federal partners.
(6) Coastal habitat restoration.--The term ``coastal
habitat restoration'' means the manipulation of the physical,
chemical, or biological characteristics of a coastal ecosystem
with the goal of returning, to the maximum extent practicable,
the full natural biological functions to lost or degraded
native habitat.
(7) Coastal landscape.--The term ``coastal landscape''
means a portion of a coastal ecosystem within or adjacent to a
coastal State that contains various habitat types, including--
(A) a fresh or saltwater wetland in a coastal
watershed;
(B) a coastal river, stream, or waterway;
(C) a coastal bay or estuary;
(D) a seagrass bed, reef, or other nearshore marine
habitat;
(E) a beach or dune system;
(F) a mangrove forest; and
(G) an associated coastal upland.
(8) Coastal state.--The term ``coastal State'' means--
(A) a State in, or bordering on, the Atlantic,
Pacific, or Arctic Ocean, the Gulf of Mexico, the Long
Island Sound, or 1 or more of the Great Lakes;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(9) Federal trust species.--The term ``Federal trust
species'' means--
(A) migratory birds, threatened species or
endangered species listed under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.),
interjurisdictional fish, and marine mammals for which
the Secretary has management authority; and
(B) any other species of concern, as determined by
the Secretary.
(10) Financial assistance.--The term ``financial
assistance'' means Federal funding provided to Federal, State,
local, and Tribal governments, nongovernmental institutions,
nonprofit organizations, and private individuals and entities
through a grant or cooperative agreement.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(13) Technical assistance.--The term ``technical
assistance'' means a collaboration, facilitation, or consulting
action relating to a coastal habitat planning, coastal habitat
assessment, coastal habitat protection, coastal habitat
restoration, or coastal habitat enhancement project or
initiative in which the Service contributes scientific
knowledge, skills, and expertise to the project or initiative.
SEC. 4. COASTAL PROGRAM.
The Secretary shall carry out the Coastal Program within the
Service to--
(1) identify the leading threats to priority coastal
landscapes and conservation actions to address those threats in
partnership with Federal, State, local, and Tribal governments,
nongovernmental institutions, nonprofit organizations, and
private individuals and entities;
(2) provide technical assistance and financial assistance
through partnerships with Federal, State, local, and Tribal
governments, nongovernmental institutions, nonprofit
organizations, and private individuals and entities to conduct
voluntary coastal habitat planning, coastal habitat assessment,
coastal habitat protection, coastal habitat restoration, and
coastal habitat enhancement projects on public land or private
land;
(3) ensure the health and resilience of coastal ecosystems
through adaptive management procedures based on the best
available science;
(4) build the capacity of Federal, State, local, and Tribal
governments, nongovernmental institutions, nonprofit
organizations, and private individuals and entities to carry
out environmental conservation and stewardship measures;
(5) assist in the development and implementation of
monitoring protocols to ensure the success of coastal ecosystem
restoration and coastal ecosystem enhancement measures; and
(6) collaborate and share information with partners and the
public relating to best management practices for the
conservation, restoration, and enhancement of coastal
ecosystems.
SEC. 5. REPORTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary, acting through the
Director of the Service, shall submit to the Committees on
Appropriations and Environment and Public Works of the Senate and the
Committees on Appropriations and Natural Resources of the House of
Representatives, and make available to the public on the website of the
Service, a report on the Coastal Program carried out under this Act.
(b) Requirements.--Each report submitted under subsection (a) shall
assess on regional and nationwide bases--
(1) Coastal Program work on coastal ecosystems;
(2) progress made by the Coastal Program toward identifying
the leading threats to priority coastal landscapes and
conservation actions to address those threats; and
(3) prospects for, and success of, protecting, restoring,
and enhancing coastal ecosystems.
(c) Inclusions.--Each report submitted under subsection (a) shall
include--
(1) quantitative information on coastal landscapes
protected, restored, or enhanced;
(2) funds appropriated to the Coastal Program that have
been expended or leveraged;
(3) a description of adaptive management practices
implemented; and
(4) a description of emerging challenges or data gaps that
hinder the ability of the Coastal Program to achieve the
purpose of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $20,000,000 for fiscal year 2024;
(2) $21,250,000 for fiscal year 2025;
(3) $22,500,000 for fiscal year 2026;
(4) $23,750,000 for fiscal year 2027; and
(5) $25,000,000 for fiscal year 2028.
<all>
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118S1382 | Protecting Our Supreme Court Justices Act of 2023 | [
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[From the U.S. Government Publishing Office]
[S. 1382 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1382
To amend section 1507 of title 18, United States Code, to establish
appropriate penalties for obstruction of justice by picketing or
parading in or near court buildings or residences of judges, jurors,
witnesses, or other court officers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Blackburn (for herself, Mr. Cotton, Mr. Cornyn, Mr. Cruz, Mr.
Hagerty, Mr. Hawley, Mr. Rubio, Mrs. Hyde-Smith, Mrs. Britt, Mr.
Wicker, and Mr. Boozman) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 1507 of title 18, United States Code, to establish
appropriate penalties for obstruction of justice by picketing or
parading in or near court buildings or residences of judges, jurors,
witnesses, or other court officers.
Be it enacted by the Senate 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 Our Supreme Court
Justices Act of 2023''.
SEC. 2. OBSTRUCTION OF JUSTICE BY PICKETING OR PARADING.
Section 1507 of title 18, United States Code, is amended, in the
first undesignated paragraph, by striking ``one year'' and inserting
``5 years''.
<all>
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118S1383 | HEAR Act of 2023 | [
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"K0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1383 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1383
To regulate firearm silencers and firearm mufflers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Menendez (for himself, Mrs. Feinstein, Mr. Markey, Mr. Blumenthal,
Mr. Kaine, Mr. Padilla, Ms. Hirono, Mr. Booker, and Mr. Whitehouse)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To regulate firearm silencers and firearm mufflers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Empower Americans to Respond
Act of 2023'' or the ``HEAR Act of 2023''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``(C) any firearm muffler
or firearm silencer; or (D)'' and inserting ``or (C)''; and
(2) by inserting after paragraph (30) the following:
``(31) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 3. RESTRICTIONS ON FIREARM SILENCERS AND FIREARM MUFFLERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to import, sell, manufacture, transfer, or possess, in or
affecting interstate or foreign commerce, a firearm silencer or firearm
muffler.
``(2) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off-duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off-duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials; or
``(C) the importation for, manufacture for, sale to,
transfer to, or possession by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Attorney General.
``(3) For purposes of paragraph (2)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Seizure and Forfeiture of Firearm Silencers and Firearm
Mufflers.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``or (k)'' and inserting
``(k), or (v)''; and
(2) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 4. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR FIREARM SILENCERS
AND FIREARM MUFFLERS.
(a) In General.--Section 501(a)(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended
by adding at the end the following:
``(J) Compensation for surrendered firearm
silencers and firearm mufflers, as those terms are
defined in section 921 of title 18, United States Code,
under the buy-back program for firearm silencers and
firearm mufflers required under section 5(b) of the
Help Empower Americans to Respond Act of 2023.''.
(b) Requirement.--During the 90-day period described in section 6,
the Attorney General shall establish and implement a buy-back program,
to be carried out across the United States, to purchase firearm
silencers and firearm mufflers (as defined in section 921(a) of title
18, United States Code) from individuals seeking to comply with the
requirements of this Act and the amendments made by this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 2, 3, and 4 shall take effect on
the date that is 90 days after the date of enactment of this Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
<all>
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118S1384 | Living Donor Protection Act of 2023 | [
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"H0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1384 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1384
To promote and protect from discrimination living organ donors.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Gillibrand (for herself and Mr. Cotton) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To promote and protect from discrimination living organ donors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Donor Protection Act of
2023''.
SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR INCREASE IN PREMIUMS OF
LIFE OR DISABILITY INSURANCE FOR LIVING ORGAN DONORS.
(a) Prohibition.--Notwithstanding any other provision of law, an
insurer shall not deny coverage, cancel coverage, refuse to issue,
determine the price or premium for, or otherwise vary any term or
condition of a life insurance policy, disability insurance policy, or
long-term care insurance policy for a person based solely, and without
any actual, unique, and material actuarial risks, on the status of such
person as a living organ donor.
(b) Enforcement.--A State insurance regulator may take such actions
to enforce subsection (a) as are specifically authorized under the laws
of such State.
(c) Definitions.--In this section:
(1) Disability insurance policy.--The term ``disability
insurance policy'' means a contract under which an entity
promises to pay a person a sum of money in the event that an
illness or injury resulting in a disability prevents such
person from working.
(2) Life insurance policy.--The term ``life insurance
policy'' means a contract under which an entity promises to pay
a designated beneficiary a sum of money upon the death of the
insured.
(3) Living organ donor.--The term ``living organ donor''
means an individual who has donated all or part of an organ and
is not deceased.
(4) Long-term care insurance policy.--The term ``long-term
care insurance policy'' means a contract for which the only
insurance protection provided under the contract is coverage of
qualified long-term care services (as defined in section
7702B(c) of the Internal Revenue Code of 1986).
SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS QUALIFYING AS A
SERIOUS HEALTH CONDITION UNDER FMLA.
(a) Private Sector Employees.--Section 101(11) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611(11)) is amended by inserting
``(including recovery from surgery related to organ donation)'' after
``physical or mental condition''.
(b) Federal Civil Service Employees.--
(1) Definition.--Section 6381(5) of title 5, United States
Code, is amended by inserting ``(including recovery from
surgery related to organ donation)'' after ``physical or mental
condition''.
(2) Relationship to organ donor leave.--Section 6382(d)(1)
of title 5, United States Code is amended by adding at the end
the following: ``An employee who takes any part of the 12-week
period of leave under subsection (a)(1) to serve as an organ
donor (including recovery from surgery related to organ
donation) shall substitute, for as much of that part as
possible, any leave available to the employee under section
6327.''.
SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE BENEFITS AND RISKS OF
LIVING ORGAN DONATION.
(a) Educational Materials.--
(1) Review and updating.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Health and
Human Services (in this section referred to as the
``Secretary'') shall review and update materials related to
living organ donation in order to educate the public on--
(A) the benefits and risks of living organ
donation; and
(B) the impact of living organ donation on the
access of a living organ donor to insurance.
(2) Information on statutory changes.--Such updating shall
include information on the changes made by sections 2 and 3 of
this Act.
(b) Methods of Updating.--In carrying out subsection (a), the
Secretary shall update, as appropriate--
(1) Public Service Announcements previously provided by the
Secretary;
(2) publicly accessible websites (such as organdonor.gov,
or a successor website) that are maintained by the Secretary
and that contain information and resources regarding living
organ donation; and
(3) other media determined appropriate by the Secretary.
<all>
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118S1385 | Recreation for All Act | [
[
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[
"M001153",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1385 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1385
To develop a national strategy to increase the number of youth
recreation visits to Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Cantwell (for herself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To develop a national strategy to increase the number of youth
recreation visits to Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreation for All Act''.
SEC. 2. INCREASING YOUTH RECREATION VISITS TO FEDERAL LAND.
(a) Strategy.--Not later than 1 year after the date of enactment of
this Act, and not less frequently than once every 5 years thereafter,
the Secretary of the Interior and the Secretary of Agriculture
(referred to in this Act as the ``Secretaries'') shall develop and make
public a national strategy, after public notice and comment, to
increase the number of youth recreation visits to Federal land.
(b) Requirements.--A strategy developed under subsection (a)--
(1) shall--
(A) emphasize increased recreation opportunities on
Federal land for underserved youth;
(B) establish objectives and quantifiable targets
for increasing youth recreation visits; and
(C) provide the anticipated costs to achieve the
objectives and meet the targets established under
subparagraph (B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial entities.
(c) Agreements.--The Secretaries may enter into contracts or cost-
share agreements (including contracts or agreements for the acquisition
of vehicles) to carry out this section.
SEC. 3. MONITORING FOR IMPROVED RECREATION DECISIONMAKING.
(a) In General.--The Secretaries shall seek to capture
comprehensive recreation use data to better understand and inform
decisionmaking by the Secretaries.
(b) Pilot Protocols.--Not later than 1 year after the date of
enactment of this Act, and after public notice and comment, the
Secretaries shall establish pilot protocols at not fewer than 10 land
management units under the jurisdiction of each of the Secretaries to
model recreation use patterns (including low-use recreation activities
and dispersed recreation activities) that may not be effectively
measured by existing general and opportunistic survey and monitoring
protocols.
SEC. 4. INFORMING THE PUBLIC OF ACCESS CLOSURES.
(a) In General.--The Secretaries shall, to the extent practicable
and in a timely fashion, alert the public to any closure or disruption
to public campsites, trails, roads, and other public areas and access
points under the jurisdiction of the applicable Secretary.
(b) Online Alert.--An alert under subsection (a) shall be posted
online on a public website of the appropriate land unit in a manner
that--
(1) ensures that the public can easily find the alert in
searching for the applicable campsite, trail, road, or other
access point; and
(2) consolidates all alerts under subsection (a).
SEC. 5. RECREATION BUDGET CROSSCUT.
Not later than 30 days after the end of each fiscal year,
beginning with fiscal year 2025, the Director of the Office of
Management and Budget shall submit to Congress and make public online a
report that describes and itemizes the total amount of funding relating
to outdoor recreation that was obligated in the preceding fiscal year
in accounts in the Treasury for the Department of the Interior and the
Department of Agriculture.
<all>
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118S1386 | Vieques Recovery and Redevelopment Act | [
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[
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"Sen. Wicker, Roger F. [R-MS]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1386 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1386
To provide compensation to certain residents of the island of Vieques,
Puerto Rico, for the use of such island for military readiness, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Menendez (for himself and Mr. Wicker) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To provide compensation to certain residents of the island of Vieques,
Puerto Rico, for the use of such island for military readiness, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vieques Recovery and Redevelopment
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Vieques is an island municipality of Puerto Rico,
measuring approximately 21 miles long by 4 miles wide, and
located approximately 8 miles east of the main island of Puerto
Rico.
(2) Prior to Hurricane Maria, residents of Vieques were
served by an urgent medical care facility, the Susana Centeno
Family Health Center, and residents had to travel off-island to
obtain medical services, including most types of emergency care
because the facility did not have the basic use of x-ray
machines, CT machines, EKG machines, ultrasounds, or PET scans.
(3) The predominant means of transporting passengers and
goods between Vieques and the main island of Puerto Rico is by
ferry boat service, and over the years, the efficiency of this
service has frequently been disrupted, unreliable, and
difficult for cancer patients to endure to receive treatment.
Each trip to Ceiba, Puerto Rico, for the cancer patient is an
additional out-of-pocket expense ranging from $120 to $200.
(4) The United States Military maintained a presence on the
eastern and western portions of Vieques for close to 60 years,
and used parts of the island as a training range during those
years, dropping over 80 million tons of ordnance and other
weaponry available to the United States military since World
War II.
(5) The unintended, unknown, and unavoidable consequences
of these exercises were to expose Americans living on the
islands to the residue of that weaponry which includes heavy
metals and many other chemicals now known to harm human health.
(6) According to Government and independent documentation,
the island of Vieques has high levels of heavy metals and has
been exposed to chemical weapons and toxic chemicals. Since the
military activity in Vieques, island residents have suffered
from the health impacts from long-term exposure to
environmental contamination as a result of 62 years of military
operations, and have experienced higher rates of certain
diseases among residents, including cancer, cirrhosis,
hypertension, diabetes, heavy metal diseases, along with many
unnamed and uncategorized illnesses. These toxic residues have
caused the American residents of Vieques to develop illnesses
due to ongoing exposure.
(7) In 2017, Vieques was hit by Hurricane Maria, an
unusually destructive storm that devastated Puerto Rico and
intensified the existing humanitarian crisis on the island by
destroying existing medical facilities.
(8) The medical systems in place prior to Hurricane Maria
were unable to properly handle the health crisis that existed
due to the toxic residue left on the island by the military's
activities.
(9) After Maria, the medical facility was closed due to
damage and continues to be unable to perform even the few basic
services that it did provide. Vieques needs a medical facility
that can treat and address the critical and urgent need to get
life-saving medical services to its residents. Due to legal
restrictions, the Federal Emergency Management Agency (in this
Act referred to as ``FEMA'') is unable to provide a hospital
where its capabilities exceed the abilities of the facility
that existed prior to Maria; therefore Vieques needs assistance
to build a facility to manage the vast health needs of its
residents.
(10) Every American has benefitted from the sacrifices of
those Americans who have lived and are living on Vieques and it
is our intent to acknowledge that sacrifice and to treat those
Americans with the same respect and appreciation that other
Americans enjoy.
(11) In 2012, the residents of Vieques were denied the
ability to address their needs in Court due to sovereign
immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD
(D.P.R.). However, the United States Court of Appeals for the
First Circuit referred the issue to Congress and urged it to
address the humanitarian crisis. This bill attempts to satisfy
that request such that Americans living on Vieques have a
remedy for the suffering they have endured.
SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR CERTAIN
RESIDENTS OF THE ISLAND OF VIEQUES, PUERTO RICO.
(a) In General.--An individual claimant who has resided on the
island of Vieques, Puerto Rico, for not less than 5 years before the
date of enactment of this Act and files a claim for compensation under
this section with the Special Master, appointed pursuant to subsection
(c), shall be awarded monetary compensation as described in subsection
(b) if--
(1) the Special Master determines that the claimant is or
was a resident or an immediate heir (as determined by the laws
of Puerto Rico) of a deceased claimant on the island of
Vieques, Puerto Rico, during or after the United States
Government used the island of Vieques, Puerto Rico, for
military readiness;
(2) the claimant previously filed a lawsuit or an
administrative claim, or files a claim not later than 120 days
after the date of the enactment of this Act against the United
States Government for personal injury, including illness or
death arising from use by the United States Government of the
island of Vieques for military readiness; and
(3) the claimant submits to the Special Master written
medical documentation that indicates that it is more likely
than not the claimant contracted a chronic, life-threatening,
or physical disease or illness limited to cancer, hypertension,
cirrhosis, kidney disease, diabetes, or a heavy metal poisoning
as a result the United States Government used the island of
Vieques, Puerto Rico, for military readiness.
(b) Amounts of Award.--
(1) In general.--A claimant who meets the requirements of
subsection (a) shall be awarded compensation as follows:
(A) $50,000 for 1 disease described in subsection
(a)(3).
(B) $80,000 for 2 diseases described in subsection
(a)(3).
(C) $110,000 for 3 or more diseases described in
subsection (a)(3).
(2) Increase in award.--In the case that an individual
receiving an award under paragraph (1) of this subsection
contracts another disease under subsection (a)(3) and files a
new claim with the Special Master for an additional award not
later than 10 years after the date of the enactment of this
Act, the Special Master may award the individual an amount that
is equal to the difference between--
(A) the amount that the individual would have been
eligible to receive had the disease been contracted
before the individual filed an initial claim under
subsection (a); and
(B) the amount received by the individual pursuant
to paragraph (1).
(3) Deceased claimants.--In the case of an individual who
dies before making a claim under this section or a claimant who
dies before receiving an award under this section, any
immediate heir to the individual or claimant, as determined by
the laws of Puerto Rico, shall be eligible for one of the
following awards:
(A) Compensation in accordance with paragraph (1),
divided among any such heir.
(B) Compensation based on the age of the deceased
if the claimant shows that it is more likely than not
that the United States Military activity caused the
death of the individual as follows:
(i) In the case of an individual or
claimant who dies before attaining 20 years of
age, $110,000, divided among any such heir.
(ii) In the case of an individual or
claimant who dies before attaining 40 years of
age, $80,000, divided among any such heir.
(iii) In the case of an individual or
claimant who dies before attaining 60 years of
age, $50,000, divided among any such heir.
(c) Appointment of Special Master.--
(1) In general.--The Attorney General shall appoint a
Special Master not later than 90 days after the date of the
enactment of this Act to consider claims by individuals and the
municipality.
(2) Qualifications.--The Attorney General shall consider
the following in choosing the Special Master:
(A) The individual's experience in the processing
of victims' claims in relation to foreign or domestic
governments.
(B) The individual's balance of experience in
representing the interests of the United States and
individual claimants.
(C) The individual's experience in matters of
national security.
(D) The individual's demonstrated abilities in
investigation and fact findings in complex factual
matters.
(E) Any experience the individual has had advising
the United States Government.
(d) Award Amounts Related to Claims by the Municipality of
Vieques.--
(1) Award.--The Special Master, in exchange for its
administrative claims, shall provide the following as
compensation to the Municipality of Vieques:
(A) Staff.--The Special Master shall provide
medical staff, and other resources necessary to build
and operate a level three trauma center (in this
section, referred to as ``medical facility'') with a
cancer center and renal dialysis unit and its
equipment. The medical facility shall be able to treat
life-threatening, chronic, heavy metal, and physical
and mental diseases. The medical facility shall be able
to provide basic x-ray, EKG, internal medicine
expertise, medical coordination personnel and case
managers, ultrasound, and resources necessary to screen
claimants described in subsection (a) who are receiving
treatment for the diseases or illnesses described in
paragraph (3) of that subsection for cancer and the
other prevailing health problems.
(B) Operations.--The Special Master shall fund the
operations of the medical facility to provide medical
care for pediatric and adult patients who reside on the
island of Vieques, allowing the patients to be referred
for tertiary and quaternary health care facilities when
necessary, and providing the transportation and medical
costs when traveling off the island of Vieques.
(C) Interim services.--Before the medical facility
on the island of Vieques is operational, the Special
Master shall provide to claimants described in
subsection (a) who are receiving treatment for the
diseases or illnesses described in paragraph (3) of
that subsection--
(i) urgent health care air transport to
hospitals on the mainland of Puerto Rico from
the island of Vieques;
(ii) medical coordination personnel and
case managers;
(iii) telemedicine communication abilities;
and
(iv) any other services that are necessary
to alleviate the health crisis on the island of
Vieques.
(D) Screening.--The Special Master shall make
available, at no cost to the patient, medical screening
for cancer, cirrhosis, diabetes, and heavy metal
contamination on the island of Vieques.
(E) Academic partner.--The Special Master shall
appoint an academic partner, with appropriate
experience and an established relationship with the
Municipality of Vieques, that shall--
(i) lead a research and outreach endeavor
on behalf of the Municipality of Vieques;
(ii) select the appropriate scientific
expertise and administer defined studies,
conducting testing and evaluation of the soils,
seas, plant and animal food sources, and the
health of residents; and
(iii) determine and implement the most
efficient and effective way to reduce the
environmental toxins to a level sufficient to
return the soils, seas, food sources, and
health circumstances to a level that reduces
the diseases on the island of Vieques to the
average in the United States.
(F) Duties.--The Special Master shall provide
amounts necessary for the academic partner and medical
coordinator to carry out the duties described in
subparagraphs (A) through (D).
(G) Procurement.--The Special Master shall provide
amounts necessary to compensate the Municipality of
Vieques for--
(i) contractual procurement obligations and
additional expenses incurred by the
municipality as a result of the enactment of
this section and settlement of its claim; and
(ii) any other damages and costs to be
incurred by the municipality, if the Special
Master determines that it is necessary to carry
out the purpose of this section.
(H) Power source.--The Special Master shall
determine the best source of producing independent
power on the island of Vieques that is hurricane
resilient and can effectively sustain the needs of the
island and shall authorize such construction as an
award to the Municipality of Vieques.
(2) Source.--
(A) In general.--Except as provided in subparagraph
(B), amounts awarded under this Act shall be made from
amounts appropriated under section 1304 of title 31,
United States Code, commonly known as the ``Judgment
Fund'', as if claims were adjudicated by a United
States District Court under section 1346(b) of title
28, United States Code.
(B) Limitation.--Total amounts awarded under this
Act shall not exceed $1,000,000,000.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The
Attorney General shall establish procedures whereby
individuals and the municipality may submit claims for
payments under this section to the Special Master.
(B) Determination of claims.--The Special Master
shall, in accordance with this subsection, determine
whether each claim meets the requirements of this
section. Claims filed by residents of the island of
Vieques that have been disposed of by a court under
chapter 171 of title 28, United States Code, shall be
treated as if such claims are currently filed.
(e) Action on Claims.--The Special Master shall make a
determination on any claim filed under the procedures established under
this section not later than 150 days after the date on which the claim
is filed.
(f) Payment in Full Settlement of Claims by Individuals and the
Municipality of Vieques Against the United States.--The acceptance by
an individual or the Municipality of Vieques of a payment of an award
under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of all claims
under chapter 171 of title 28, United States Code; and
(3) constitute a complete release by the individual or
municipality of such claim against the United States and
against any employee of the United States acting in the scope
of employment who is involved in the matter giving rise to the
claim.
(g) Certification of Treatment of Payments Under Other Laws.--
Amounts paid to an individual under this section--
(1) shall be treated for purposes of the laws of the United
States as damages for human suffering; and
(2) may not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
(h) Limitation on Claims.--A claim to which this section applies
shall be barred unless the claim is filed within 15 years after the
date of the enactment of this Act.
(i) Attorney's Fees.--Notwithstanding any contract, a
representative of an individual may not receive, for services rendered
in connection with a claim of the individual under this Act, more than
20 percent of a payment made under this Act.
<all>
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118S1387 | Project Safe Neighborhoods Reauthorization Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1387 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1387
To reauthorize the Project Safe Neighborhoods Grant Program
Authorization Act of 2018, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Cornyn (for himself, Mr. Peters, Mr. Grassley, Ms. Sinema, Mr.
Tillis, Ms. Klobuchar, Mr. Cruz, Mrs. Feinstein, Mrs. Fischer, and Mr.
Coons) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the Project Safe Neighborhoods Grant Program
Authorization Act of 2018, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Safe Neighborhoods
Reauthorization Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Launched in 2001, the Project Safe Neighborhoods
program is a nationwide initiative that brings together
Federal, State, local, and Tribal law enforcement officials,
prosecutors, community leaders, and other stakeholders to
identify the most pressing crime problems in a community and
work collaboratively to address those problems.
(2) The Project Safe Neighborhoods program--
(A) operates in all 94 Federal judicial districts
throughout the 50 States and territories of the United
States; and
(B) implements 4 key components to successfully
reduce violent crime in communities, including
community engagement, prevention and intervention,
focused and strategic enforcement, and accountability.
SEC. 3. REAUTHORIZATION.
(a) Definitions.--Section 2 of the Project Safe Neighborhoods Grant
Program Authorization Act of 2018 (34 U.S.C. 60701) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (4), and (5), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) the term `crime analyst' means an individual employed
by a law enforcement agency for the purpose of separating
information into key components and contributing to plans of
action to understand, mitigate, and neutralize criminal
threats;''; and
(3) by inserting after paragraph (2), as so redesignated,
the following:
``(3) the term `law enforcement assistant' means an
individual employed by a law enforcement agency or a
prosecuting agency for the purpose of aiding law enforcement
officers in investigative or administrative duties;''.
(b) Use of Funds.--Section 4(b) of the Project Safe Neighborhoods
Grant Program Authorization Act of 2018 (34 U.S.C. 60703(b)) is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) hiring crime analysts to assist with violent crime
reduction efforts;
``(6) the cost of overtime for law enforcement officers,
prosecutors, and law enforcement assistants that assist with
the Program; and
``(7) purchasing, implementing, and using technology to
assist with violent crime reduction efforts.''.
(c) Authorization of Appropriations.--Section 6 of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (34 U.S.C. 60705)
is amended by striking ``fiscal years 2019 through 2021'' and inserting
``fiscal years 2024 through 2028''.
SEC. 4. TASK FORCE SUPPORT.
(a) Short Title.--This section may be cited as the ``Officer Ella
Grace French and Sergeant Jim Smith Task Force Support Act of 2023''.
(b) Amendment.--Section 4(b) of the Project Safe Neighborhoods
Grant Program Authorization Act of 2018 (34 U.S.C. 60703(b)), as
amended by section 3(b), is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) support for multi-jurisdictional task forces.''.
SEC. 5. TRANSPARENCY.
Not less frequently than annually, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
that details, for each area in which the Project Safe Neighborhoods
Block Grant Program operates and with respect to the 1-year period
preceding the date of the report--
(1) how the area spent funds under the Project Safe
Neighborhoods Block Grant Program;
(2) the total number of criminal prosecutions carried out
in the area, disaggregated by the number of Federal and State
prosecutions, and the results of those prosecutions;
(3) the community outreach efforts performed in the area;
and
(4) the number and a description of the violent crime
offenses committed in the area, including murder, non-negligent
manslaughter, rape, robbery, and aggravated assault.
<all>
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118S1388 | UAS Integration Research Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1388 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1388
To authorize the Administrator of the Federal Aviation Administration
to enter into contracts to demonstrate or validate technology related
to the integration of unmanned aircraft systems into the national
airspace system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Hoeven (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To authorize the Administrator of the Federal Aviation Administration
to enter into contracts to demonstrate or validate technology related
to the integration of unmanned aircraft systems into the national
airspace system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``UAS Integration Research Act of
2023''.
SEC. 2. UAS INTEGRATION RESEARCH CONTRACTS.
(a) In General.--The Administrator shall enter into contracts to
demonstrate or validate technology related to the integration of
unmanned aircraft systems into the national airspace system.
(b) Topics of Interest.--The Administrator shall identify topics of
interest related to the integration of unmanned aircraft systems into
the national airspace including, but not limited to, the following:
(1) Detect and avoid capabilities.
(2) Beyond visual line of sight operations.
(3) Operation of multiple unmanned aircraft systems.
(4) Unmanned aircraft systems traffic management.
(5) Command and control.
(6) Safety standards for unmanned aircraft systems and
associated element ground and air systems.
(c) Solicitation.--The Administrator shall solicit proposals from
applicants who--
(1) describe a project that relates to a topic of interest
described in subsection (b);
(2) demonstrate technical merit; and
(3) involve a contract with a test range.
(d) Awards.--The Administrator shall make contract awards based on
the following:
(1) An evaluation of a proposal, including its--
(A) relevance to a topic of interest described in
subsection (b);
(B) degree of technical merit; and
(C) cost and price information.
(2) Availability of funds.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $12,000,000 for each of fiscal
years 2024 through 2028.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given that term in section 44801(12)
of title 49, United States Code.
(3) Test range.--The term ``test range'' has the meaning
given that term in section 44801(10) of title 49, United States
Code.
SEC. 3. EXTENSION OF AUTHORITY FOR UNMANNED AIRCRAFT TEST RANGES.
Section 44803(h) of title 49, United States Code, is amended by
striking ``September 30, 2023'' and inserting ``September 30, 2028''.
<all>
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118S1389 | Rural Housing Service Reform Act of 2023 | [
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1389 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1389
To reform rural housing programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Ms. Smith (for herself and Mr. Rounds) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To reform rural housing 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Housing
Service Reform Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STREAMLINING AND UPDATES
Sec. 101. Application of multifamily mortgage foreclosure procedures to
multifamily mortgages held by the Secretary
of Agriculture.
Sec. 102. Study on rural housing loans for housing for low- and
moderate-income families.
Sec. 103. Authorization of appropriations for staffing needs and
information technology upgrades.
TITLE II--RURAL HOUSING PRESERVATION AND REVITALIZATION
Sec. 201. Permanent establishment of housing preservation and
revitalization program.
Sec. 202. Eligibility for rural housing vouchers.
Sec. 203. Amount of voucher assistance.
Sec. 204. Rental assistance contract authority.
Sec. 205. Funding for multifamily technical improvements.
TITLE III--NATIVE CDFI RELENDING
Sec. 301. Native CDFI relending program.
TITLE IV--SECTION 504 LOANS AND GRANTS
Sec. 401. Modifications to loans and grants for minor improvements to
farm housing and buildings.
TITLE V--RURAL COMMUNITY DEVELOPMENT INITIATIVE GRANTS
Sec. 501. Rural Community Development Initiative.
TITLE VI--ANNUAL REPORT
Sec. 601. Annual report on rural housing programs.
TITLE VII--RURAL HOUSING VOUCHER PROGRAM
Sec. 701. Adjustment to rural development voucher amount.
TITLE VIII--TRANSFERS TO NONPROFIT ORGANIZATIONS
Sec. 801. Transfer of elderly rural housing projects.
TITLE IX--TERM OF DIRECT LOANS MADE BY THE RURAL HOUSING SERVICE
Sec. 901. Extension of loan term.
TITLE I--STREAMLINING AND UPDATES
SEC. 101. APPLICATION OF MULTIFAMILY MORTGAGE FORECLOSURE PROCEDURES TO
MULTIFAMILY MORTGAGES HELD BY THE SECRETARY OF
AGRICULTURE.
The Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3701 et
seq.) is amended--
(1) in section 363 (12 U.S.C. 3702)--
(A) in paragraph (2)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(F) section 514, 515, or 538 of the Housing Act
of 1949 (42 U.S.C. 1484, 1485, 1490p).''; and
(B) in paragraph (10)--
(i) by striking ``means the Secretary'' and
inserting the following: ``means--
``(A) the Secretary'';
(ii) in subparagraph (A), as so designated,
by striking the period at the end and inserting
``, with respect to a multifamily mortgage
described in subparagraph (A), (B), (C), (D),
or (E) of paragraph (2); and''; and
(iii) by adding at the end the following:
``(B) the Secretary of Agriculture, with respect to
a multifamily mortgage described in paragraph
(2)(F).''.
SEC. 102. STUDY ON RURAL HOUSING LOANS FOR HOUSING FOR LOW- AND
MODERATE-INCOME FAMILIES.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Agriculture shall conduct a study and submit to
Congress a publicly available report on the loan program under section
521 of the Housing Act of 1949 (42 U.S.C. 1490a), including--
(1) the total amount provided by the Secretary in subsidies
under such section 521;
(2) how much of the subsidies are being recaptured; and
(3) the amount of time and costs associated with
recapturing those subsidies.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR STAFFING NEEDS AND
INFORMATION TECHNOLOGY UPGRADES.
There is authorized to be appropriated to the Secretary of
Agriculture such sums as may be necessary for increased staffing needs
and information technology upgrades to support all preservation efforts
of the Rural Housing Service.
TITLE II--RURAL HOUSING PRESERVATION AND REVITALIZATION
SEC. 201. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND
REVITALIZATION PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a program under
this section for the preservation and revitalization of multifamily
rental housing projects financed under section 515 or both sections 514
and 516.
``(b) Notice of Maturing Loans.--
``(1) To owners.--On an annual basis, the Secretary shall
provide written notice to each owner of a property financed
under section 515 or both sections 514 and 516 that will mature
within the 4-year period beginning upon the provision of the
notice, setting forth the options and financial incentives that
are available to facilitate the extension of the loan term or
the option to decouple a rental assistance contract pursuant to
subsection (f).
``(2) To tenants.--
``(A) In general.--For each property financed under
section 515 or both sections 514 and 516, not later
than the date that is 2 years before the date that the
loan will mature, the Secretary shall provide written
notice to each household residing in the property that
informs them of the date of the loan maturity, the
possible actions that may happen with respect to the
property upon that maturity, and how to protect their
right to reside in federally assisted housing after
that maturity.
``(B) Language.--Notice under this paragraph shall
be provided in plain English and shall be translated to
other languages in the case of any property located in
an area in which a significant number of residents
speak such other languages.
``(c) Loan Restructuring.--Under the program under this section, in
any circumstance in which the Secretary proposes a restructuring to an
owner or an owner proposes a restructuring to the Secretary, the
Secretary may restructure such existing housing loans, as the Secretary
considers appropriate, for the purpose of ensuring that those projects
have sufficient resources to preserve the projects to provide safe and
affordable housing for low-income residents and farm laborers, by--
``(1) reducing or eliminating interest;
``(2) deferring loan payments;
``(3) subordinating, reducing, or reamortizing loan debt;
and
``(4) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required by
the Secretary.
``(d) Renewal of Rental Assistance.--
``(1) In general.--When the Secretary proposes to
restructure a loan or agrees to the proposal of an owner to
restructure a loan pursuant to subsection (c), the Secretary
shall offer to renew the rental assistance contract under
section 521(a)(2) for a 20-year term that is subject to annual
appropriations, provided that the owner agrees to bring the
property up to such standards that will ensure maintenance of
the property as decent, safe, and sanitary housing for the full
term of the rental assistance contract.
``(2) Additional rental assistance.--With respect to a
project described in paragraph (1), if rental assistance is not
available for all households in the project for which the loan
is being restructured pursuant to subsection (c), the Secretary
may extend such additional rental assistance to unassisted
households at that project as is necessary to make the project
safe and affordable to low-income households.
``(e) Restrictive Use Agreements.--
``(1) Requirement.--As part of the preservation and
revitalization agreement for a project, the Secretary shall
obtain a restrictive use agreement that obligates the owner to
operate the project in accordance with this title.
``(2) Term.--
``(A) No extension of rental assistance contract.--
Except when the Secretary enters into a 20-year
extension of the rental assistance contract for a
project, the term of the restrictive use agreement for
the project shall be consistent with the term of the
restructured loan for the project.
``(B) Extension of rental assistance contract.--If
the Secretary enters into a 20-year extension of the
rental assistance contract for a project, the term of
the restrictive use agreement for the project shall be
for 20 years.
``(C) Termination.--The Secretary may terminate the
20-year use restrictive use agreement for a project
before the end of the term of the agreement if the 20-
year rental assistance contract for the project with
the owner is terminated at any time for reasons outside
the control of the owner.
``(f) Decoupling of Rental Assistance.--
``(1) Renewal of rental assistance contract.--If the
Secretary determines that a maturing loan for a project cannot
reasonably be restructured in accordance with subsection (c)
because it is not financially feasible or the owner does not
agree with the proposed restructuring, and the project was
operating with rental assistance under section 521, the
Secretary may renew the rental assistance contract,
notwithstanding any provision of section 521, for a term,
subject to annual appropriations, of not less than 10 years but
not more than 20 years.
``(2) Additional rental assistance.--With respect to a
project described in paragraph (1), if rental assistance is not
available for all households in the project for which the loan
is being restructured pursuant to subsection (c), the Secretary
may extend such additional rental assistance to unassisted
households at that project as is necessary to make the project
safe and affordable to low-income households.
``(3) Rents.--Any agreement to extend the term of the
rental assistance contract under section 521 for a project
shall obligate the owner to continue to maintain the project as
decent, safe and sanitary housing and to operate the
development in accordance with this title, except that rents
shall be based on the lesser of--
``(A) the budget-based needs of the project; or
``(B) the operating cost adjustment factor as a
payment standard as provided under section 524 of the
Multifamily Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437 note).
``(4) Conditions for approval.--
``(A) Plan.--Before the approval of a rental
assistance contract authorized under this section, the
Secretary shall require the owner to submit to the
Secretary a plan that identifies financing sources and
a timetable for renovations and improvements determined
to be necessary by the Secretary to maintain and
preserve the project.
``(B) Automatic approval.--If a plan submitted
under subparagraph (A) is not acted upon by the
Secretary within 30 days of the submission, the rental
assistance contract is automatically approved for not
more than a 1-year period.
``(g) Multifamily Housing Transfer Technical Assistance.--Under the
program under this section, the Secretary may provide grants to
qualified nonprofit organizations and public housing agencies to
provide technical assistance, including financial and legal services,
to borrowers under loans under this title for multifamily housing to
facilitate the acquisition of such multifamily housing properties in
areas where the Secretary determines there is a risk of loss of
affordable housing.
``(h) Transfer of Rental Assistance.--After the loan or loans for a
rental project originally financed under section 515 or both sections
514 and 516 have matured or have been prepaid and the owner has chosen
not to restructure the loan pursuant to subsection (c)--
``(1) a tenant residing in the project shall have 18 months
before loan maturation or prepayment to transfer the rental
assistance assigned to the unit of the tenant to another rental
project originally financed under section 515 or both sections
514 and 516, and such tenants will have priority for admission
over other applicants; and
``(2) the owner of the initial project may rent the
previous unit of the tenant to a new tenant without income
restrictions.
``(i) Administrative Expenses.--Of any amounts made available for
the program under this section for any fiscal year, the Secretary may
use not more than $1,000,000 for administrative expenses for carrying
out such program.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated for the program under this section $200,000,000 for each
of fiscal years 2024 through 2028.
``(k) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Rural Housing Service Reform Act of 2023,
the Secretary shall--
``(A) publish an advance notice of proposed
rulemaking; and
``(B) consult with appropriate stakeholders.
``(2) Interim final rule.--Not later than 1 year after the
date of enactment of the Rural Housing Service Reform Act of
2023, the Secretary shall publish an interim final rule to
carry out this section.''.
SEC. 202. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended
by adding at the end the following:
``(c) Eligibility of Households in Sections 514, 515, and 516
Projects.--
``(1) In general.--The Secretary may provide rural housing
vouchers under this section for any low-income household
(including those not receiving rental assistance) residing--
``(A) for a term longer than the remaining term of
their lease in effect just prior to prepayment, in a
property financed with a loan made or insured under
section 514 or 515 that has--
``(i) been prepaid without restrictions
imposed by the Secretary pursuant to section
502(c)(5)(G)(ii)(I);
``(ii) been foreclosed; or
``(iii) matured after September 30, 2005;
or
``(B) in a property assisted under section 514 or
516.
``(2) Priority.--The Secretary shall prioritize the
provision of rental housing vouchers under this section for
projects owned by nonprofit organizations and their affiliates
or public agencies.''.
SEC. 203. AMOUNT OF VOUCHER ASSISTANCE.
Notwithstanding any other provision of law, in the case of any
rural housing voucher provided pursuant to section 542 of the Housing
Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance
payment for the household on whose behalf the assistance is provided
shall be determined as provided in subsection (a) of such section 542.
SEC. 204. RENTAL ASSISTANCE CONTRACT AUTHORITY.
Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) by inserting after subparagraph (A) the
following:
``(B) upon request of an owner of a project financed under
section 514 or 515, the Secretary is authorized to enter into
renewal of such agreements for a period of 20 years or the term
of the loan, whichever is shorter, subject to amounts made
available in appropriations Acts;''; and
(C) in subparagraph (C), as so redesignated, by
striking ``subparagraph (A)'' and inserting
``subparagraphs (A) and (B)''; and
(D) in subparagraph (D), as so redesignated, by
striking ``subparagraphs (A) and (B)'' and inserting
``subparagraphs (A), (B), and (C)''; and
(2) by adding at the end the following:
``(3) In the case of any rental assistance contract authority that
becomes available because of the termination of assistance on behalf of
an assisted family--
``(A) at the option of the owner of the rental project, the
Secretary shall provide the owner a period of 6 months before
unused assistance is made available pursuant to subparagraph
(B) during which the owner may use such assistance authority to
provide assistance of behalf of an eligible unassisted family
that--
``(i) is residing in the same rental project that
the assisted family resided before the termination; or
``(ii) newly occupies a dwelling unit in the rental
project during that 6-month period; and
``(B) except for assistance used as provided in
subparagraph (A), the Secretary shall use such remaining
authority to provide assistance on behalf of eligible families
residing in other rental projects originally financed under
section 515 or both sections 514 and 516.''.
SEC. 205. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture such sums as may be
necessary for fiscal year 2024 for improving the technology of the
Department of Agriculture used to process loans for multifamily housing
and otherwise managing that housing.
(b) Timeline.--The improvements required under subsection (a) shall
be made within the 5-year period beginning upon the appropriation of
amounts under subsection (a), and those amounts shall remain available
until the expiration of that 5-year period.
TITLE III--NATIVE CDFI RELENDING
SEC. 301. NATIVE CDFI RELENDING PROGRAM.
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended
by adding at the end the following:
``(j) Set Aside for Native Community Development Financial
Institutions.--
``(1) Definitions.--In this subsection--
``(A) the term `Alaska Native' has the meaning
given the term `Native' in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b));
``(B) the term `appropriate congressional
committees' means--
``(i) the Committee on Agriculture of the
Senate;
``(ii) the Committee on Indian Affairs of
the Senate;
``(iii) the Committee on Banking, Housing,
and Urban Affairs of the Senate;
``(iv) the Committee on Agriculture of the
House of Representatives;
``(v) the Committee on Natural Resources of
the House of Representatives; and
``(vi) the Committee on Financial Services
of the House of Representatives;
``(C) 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);
``(D) the term `Indian Tribe' has the meaning given
the term `Indian tribe' in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103);
``(E) the term `Native community development
financial institution' means an entity--
``(i) that has been certified as a
community development financial institution by
the Secretary of the Treasury;
``(ii) that is not less than 50 percent
owned or controlled by members of Indian
Tribes, Alaska Native communities, or Native
Hawaiian communities; and
``(iii) for which not less than 50 percent
of the activities of the entity serve Indian
Tribes, Alaska Native communities, or Native
Hawaiian communities;
``(F) the term `Native Hawaiian' has the meaning
given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4221); and
``(G) the term `priority Tribal land' means--
``(i) any land located within the
boundaries of--
``(I) an Indian reservation,
pueblo, or rancheria; or
``(II) a former reservation within
Oklahoma;
``(ii) any land not located within the
boundaries of an Indian reservation, pueblo, or
rancheria, the title to which is held--
``(I) in trust by the United States
for the benefit of an Indian Tribe or
an individual Indian;
``(II) by an Indian Tribe or an
individual Indian, subject to
restriction against alienation under
laws of the United States; or
``(III) by a dependent Indian
community;
``(iii) any land located within a region
established pursuant to section 7(a) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1606(a));
``(iv) Hawaiian Home Lands, as defined in
section 801 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4221); or
``(v) those areas or communities designated
by the Assistant Secretary of Indian Affairs of
the Department of the Interior that are near,
adjacent, or contiguous to reservations where
financial assistance and social service
programs are provided to Indians because of
their status as Indians.
``(2) Purpose.--The purpose of this subsection is to--
``(A) increase homeownership opportunities for
Indian Tribes, Alaska Native Communities, and Native
Hawaiian communities in rural areas; and
``(B) provide capital to Native community
development financial institutions to increase the
number of mortgage transactions carried out by those
institutions.
``(3) Set aside for native cdfis.--Of amounts appropriated
to make direct loans under this section for each fiscal year,
the Secretary shall use $50,000,000 to make direct loans to
Native community development financial institutions in
accordance with this subsection.
``(4) Application requirements.--A Native community
development financial institution desiring a loan under this
subsection shall demonstrate that the institution--
``(A) can provide the non-Federal cost share
required under paragraph (6); and
``(B) is able to originate and service loans for
single family homes.
``(5) Lending requirements.--A Native community development
financial institution that receives a loan pursuant to this
subsection shall--
``(A) use those amounts to make loans to
borrowers--
``(i) who otherwise meet the requirements
for a loan under this section; and
``(ii) who--
``(I) are members of an Indian
Tribe, an Alaska Native community, or a
Native Hawaiian community; or
``(II) maintain a household in
which not less 1 member is a member of
an Indian Tribe, an Alaska Native
community, or a Native Hawaiian
community; and
``(B) in making loans under subparagraph (A), give
priority to borrowers described in that subparagraph
who are residing on priority Tribal land.
``(6) Non-federal cost share.--
``(A) In general.--A Native community development
financial institution that receives a loan under this
section shall be required to match not less than 20
percent of the amount received.
``(B) Waiver.--In the case of a loan for which
amounts are used to make loans to borrowers described
in paragraph (5)(B), the Secretary shall waive the non-
Federal cost share requirement described in
subparagraph (A) with respect to those loan amounts.
``(7) Reporting.--
``(A) Annual report by native cdfis.--Each Native
community development financial institution that
receives a loan pursuant to this subsection shall
submit an annual report to the Secretary on the lending
activities of the institution using the loan amounts,
which shall include--
``(i) a description of the outreach efforts
of the institution in local communities to
identify eligible borrowers;
``(ii) a description of how the institution
leveraged additional capital to reach
prospective borrowers;
``(iii) the number of loan applications
received, approved, and deployed;
``(iv) the average loan amount;
``(v) the number of finalized loans that
were made on Tribal trust lands and not on
Tribal trust lands; and
``(vi) the number of finalized loans that
were made on priority Tribal land and not
priority Tribal land.
``(B) Annual report to congress.--Not later than 1
year after the date of enactment of this subsection,
and every year thereafter, the Secretary shall submit
to the appropriate congressional communities a report
that includes--
``(i) a list of loans made to Native
community development financial institutions
pursuant to this subsection, including the name
of the institution and the loan amount;
``(ii) the percentage of loans made under
this section to members of Indian Tribes,
Alaska Native communities, and Native Hawaiian
communities, respectively, including a
breakdown of loans made to households residing
on and not on Tribal trust lands; and
``(iii) the average loan amount made by
Native community development financial
institutions pursuant to this subsection.
``(C) Evaluation of program.--Not later than 3
years after the date of enactment of this subsection,
the Secretary and the Secretary of the Treasury shall
conduct an evaluation of and submit to the appropriate
congressional committees a report on the program under
this subsection, which shall--
``(i) evaluate the effectiveness of the
program, including an evaluation of the demand
for loans under the program; and
``(ii) include recommendations relating to
the program, including whether--
``(I) the program should be
expanded to such that all community
development financial institutions may
make loans under the program to the
borrowers described in paragraph (5);
and
``(II) the set aside amount
paragraph (3) should be modified in
order to match demand under the
program.
``(8) Grants for operational support.--
``(A) In general.--The Secretary shall make grants
to Native community development financial institutions
that receive a loan under this section to provide
operational support and other related services to those
institutions, subject to--
``(i) to the satisfactory performance, as
determined by the Secretary, of a Native
community development financial institution in
carrying out this section; and
``(ii) the availability of funding.
``(B) Amount.--A Native community development
financial institution that receives a loan under this
section shall be eligible to receive an annual grant
described in subparagraph (A) in an amount equal to not
less than 20 percent and not more than 25 percent of
the total outstanding balance of loans made by the
Native community development financial institution
under the program under this section as of the date on
which the grant is awarded.
``(9) Outreach and technical assistance.--There is
authorized to be appropriated to the Secretary $1,000,000 for
each of fiscal years 2024, 2025, and 2026--
``(A) to provide technical assistance to Native
community development financial institutions--
``(i) relating to homeownership and other
housing-related assistance provided by the
Secretary; and
``(ii) to assist those institutions to
perform outreach to eligible homebuyers
relating to the loan program under this
section; or
``(B) to provide funding to a national organization
representing Native American housing interests to
perform outreach and provide technical assistance as
described in clauses (i) and (ii), respectively, of
subparagraph (A).''.
TITLE IV--SECTION 504 LOANS AND GRANTS
SEC. 401. MODIFICATIONS TO LOANS AND GRANTS FOR MINOR IMPROVEMENTS TO
FARM HOUSING AND BUILDINGS.
Section 504(a) of the Housing Act of 1949 (42 U.S.C. 1474) is
amended by striking ``$7,500'' and inserting ``$15,000''.
TITLE V--RURAL COMMUNITY DEVELOPMENT INITIATIVE GRANTS
SEC. 501. RURAL COMMUNITY DEVELOPMENT INITIATIVE.
Subtitle E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009 et seq.) is amended by adding at the end the following:
``SEC. 381O. RURAL COMMUNITY DEVELOPMENT INITIATIVE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a private, nonprofit community-based housing
or community development organization;
``(B) a low-income rural community; or
``(C) a federally recognized Indian Tribe.
``(2) Eligible intermediary.--The term `eligible
intermediary' means a qualified--
``(A) private, nonprofit organization; or
``(B) public organization.
``(b) Establishment.--The Secretary shall establish a Rural
Community Development Initiative, under which the Secretary shall
provide grants to eligible intermediaries to carry out programs to
provide financial and technical assistance to eligible entities to
develop the capacity and ability of eligible entities to carry out
projects to improve housing, community facilities, and community and
economic development projects in rural areas.
``(c) Amount of Grants.--The amount of a grant provided to an
eligible intermediary under this section shall be not more than
$250,000.
``(d) Matching Funds.--
``(1) In general.--An eligible intermediary receiving a
grant under this section shall provide matching funds from
other sources, including Federal funds for related activities,
in an amount not less than the amount of the grant.
``(2) Waiver.--The Secretary may waive paragraph (1) with
respect to a project that would be carried out in a
persistently poor rural region, as determined by the
Secretary.''.
TITLE VI--ANNUAL REPORT
SEC. 601. ANNUAL REPORT ON RURAL HOUSING PROGRAMS.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), as
amended by this Act, is amended by adding at the end the following
``SEC. 546. ANNUAL REPORT.
``The Secretary shall submit to the appropriate committees of
Congress and publish on the website of the Department of Agriculture an
annual report on rural housing programs carried out under this title,
which shall include significant details on the health of Rural Housing
Service programs, including--
``(1) raw data sortable by services and by region regarding
loan performance;
``(2) the housing stock of those programs, including
information on why properties end participation in those
programs, such as for maturation, prepayment, foreclosure, or
other servicing issues; and
``(3) risk ratings for properties assisted under those
programs.''.
TITLE VII--RURAL HOUSING VOUCHER PROGRAM
SEC. 701. ADJUSTMENT TO RURAL DEVELOPMENT VOUCHER AMOUNT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Agriculture shall issue regulations to
establish a process for adjusting the voucher amount provided under
section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) after the
issuance of the voucher following an interim or annual review of the
amount of the voucher.
(b) Interim Review.--The interim review described in subsection (a)
shall, at the request of a tenant, allow for a recalculation of the
voucher amount when the tenant experiences a reduction in income or
change in family composition.
(c) Annual Review.--
(1) In general.--The annual review described in subsection
(a) shall require tenants to annually recertify the family
composition of the household and that the family income of the
household does not exceed 80 percent of the area median income
at a time determined by the Secretary.
(2) Considerations.--If a tenant does not recertify the
family composition and family income of the household within
the timeframe required under paragraph (1), the Secretary of
Agriculture--
(A) shall consider whether extenuating
circumstances caused the delay in recertification; and
(B) may alter associated consequences for the
failure to recertify based on those circumstances.
(3) Effective date.--Following the annual review of a
voucher under subsection (a), the updated voucher amount shall
be effective on the 1st day of the month following the
expiration of the voucher.
(d) Deadline.--The process established under subsection (a) shall
require the Secretary of Agriculture to review and update the voucher
amount described in subsection (a) for a tenant not later than 60 days
before the end of the voucher term.
TITLE VIII--TRANSFERS TO NONPROFIT ORGANIZATIONS
SEC. 801. TRANSFER OF ELDERLY RURAL HOUSING PROJECTS.
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is
amended--
(1) in subsection (h), by adding at the end the following:
``(3) Transfer to nonprofit organizations.--A nonprofit or
public body purchaser, including a limited partnership with a
nonprofit controlled general partner, may purchase a property
for which a loan is made or insured under this section that has
received a market value appraisal, without addressing
rehabilitation needs at the time of purchase, if the
purchaser--
``(A) makes a commitment to address rehabilitation
needs during ownership and long-term use restrictions
on the property; and
``(B) at the time of purchase, accepts long-term
use restrictions on the property.''; and
(2) in subsection (w)(1), in the first sentence in the
matter preceding subparagraph (A), by striking ``9 percent''
and inserting ``50 percent''.
TITLE IX--TERM OF DIRECT LOANS MADE BY THE RURAL HOUSING SERVICE
SEC. 901. EXTENSION OF LOAN TERM.
(a) In General.--Section 502(a)(2) of the Housing Act of 1949 (42
U.S.C. 1472(a)(2)) is amended to read as follows:
``(2) The Secretary may extend the period of any loan made under
this section for a total term of not more than 40 years.''.
(b) Application.--The amendment made under subsection (a) shall
apply with respect to loans made under section 502 of the Housing Act
of 1949 (42 U.S.C. 1472) before, on, or after the date of enactment of
this Act.
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} | |
118S139 | Organized Retail Crime Center Authorization Act of 2023 | [
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[
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] | <p><b>Organized Retail Crime Center Authorization Act of 2023</b> <p>This bill establishes a center—the Organized Retail Crime Coordination Center—within the Department of Homeland Security (DHS) to coordinate the federal law enforcement activities related to organized retail crime. Organized retail crime typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters, or boosters, who make money by stealing merchandise and reselling it for a fraction of the retail cost.</p> <p>The bill also requires DHS and the Department of Justice to jointly isssue formal guidance to relevant agencies and offices for modifying or expanding the prioritization of training and technical assistance designed to counter organized retail crime.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 139 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 139
To combat organized crime involving the illegal acquisition of retail
goods for the purpose of selling those illegally obtained goods through
physical and online retail marketplaces.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Grassley (for himself and Ms. Cortez Masto) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To combat organized crime involving the illegal acquisition of retail
goods for the purpose of selling those illegally obtained goods through
physical and online retail marketplaces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organized Retail Crime Center
Authorization Act of 2023''.
SEC. 2. FINDINGS.
It is the sense of Congress that--
(1) organized retail crime, a crime involving groups of
individuals specifically targeting retail stores, often by
using violence or threats of violence to subdue employees and
shoppers while robbing stores of their most valuable and easily
diverted merchandise, has been a growing concern to retailers,
industry, and law enforcement;
(2) retailers have seen a dramatic increase in occurrences
of organized retail crime, costing retailers approximately
$720,000 per every $1,000,000,000 in sales in 2019,
representing more than a 50-percent increase in such losses
since 2015. Further, according to the National Retail
Federation, the use of violence or aggression is increasing in
the commission of these crimes, with \2/3\ of retailers
reporting an increase of violence during the commission of
retail theft;
(3) organized retail crime--
(A) threatens the safety and liberty of individuals
in the United States when those individuals engage in
commerce;
(B) erodes the retail economy for customers and
businesses alike; and
(C) finances transnational criminal organizations
that use the proceeds of those thefts to support the
criminal goals of the criminal organizations; and
(4) it has become necessary for Congress to direct the
executive branch to create a central coordination center to
align Federal, State, local, territorial, and Tribal efforts to
combat organized retail crime.
SEC. 3. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED RETAIL CRIME.
(a) In General.--Title III of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4341 et seq.) is amended by
inserting after section 305 the following:
``SEC. 305A. ORGANIZED RETAIL CRIME COORDINATION CENTER.
``(a) Definitions.--In this section:
``(1) Center.--The term `Center' means the Organized Retail
Crime Coordination Center established pursuant to subsection
(b)(1).
``(2) Organized retail crime.--The term `organized retail
crime' includes--
``(A) any crime described in section 2314 or 2315
of title 18, United States Code; and
``(B) aiding or abetting the commission of, or
conspiring to commit, any act that is in furtherance of
a violation of a crime referred to in paragraph (1).
``(b) Organized Retail Crime Coordination Center.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of the Organized Retail Crime Center
Authorization Act of 2023, the Secretary of Homeland Security
shall direct the Executive Associate Director of Homeland
Security Investigations to establish the Organized Retail Crime
Coordination Center.
``(2) Duties.--The duties of the Center shall include--
``(A) coordinating Federal law enforcement
activities related to organized retail crime, including
investigations of national and transnational criminal
organizations that are engaged in organized retail
crime;
``(B) establishing relationships with State and
local law enforcement agencies and organizations,
including organized retail crime associations, and
sharing information regarding organized retail crime
threats with such agencies and organizations;
``(C) assisting State and local law enforcement
agencies with their investigations of organized retail
crime groups;
``(D) establishing relationships with retail
companies, sharing information with such companies
regarding organized retail crime threats, and providing
mechanisms for the receipt of investigative information
on such threats;
``(E) establishing a secure system for sharing
information regarding organized retail crime threats by
leveraging existing information systems at the
Department of Homeland Security and the Department of
Justice;
``(F) tracking trends with respect to organized
retail crime and releasing annual public reports on
such trends; and
``(G) supporting the provision of training and
technical assistance in accordance with subsection (c).
``(3) Leadership; staffing.--
``(A) Director.--The Center shall be headed by a
Director, who shall be--
``(i) an experienced law enforcement
officer;
``(ii) appointed by the Director of U.S.
Immigration and Customs Enforcement; and
``(iii) in the Senior Executive Service (as
defined in section 3132 of title 5, United
States Code).
``(B) Deputy director.--The Director of the Center
shall be assisted by a Deputy Director, who shall be
appointed, on a 2-year rotational basis, upon request
from the Executive Associate Director of Homeland
Security Investigations, by--
``(i) the Director of the Federal Bureau of
Investigation;
``(ii) the Director of the United States
Secret Service; or
``(iii) the Chief Postal Inspector.
``(C) Federal staff.--The staff of the Center shall
include--
``(i) Special Agents and Analysts from
Homeland Security Investigations; and
``(ii) detailed criminal investigators,
analysts, and liaisons from other Federal
agencies who have responsibilities related to
organized retail crime, including detailees
from--
``(I) U.S. Customs and Border
Protection;
``(II) the United States Secret
Service;
``(III) the United States Postal
Inspection Service;
``(IV) the Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
``(V) the Drug Enforcement
Administration.
``(D) State and local staff.--The staff of the
Center may include detailees from State and local law
enforcement agencies, who shall serve at the Center on
a nonreimbursable basis.
``(4) Coordination.--
``(A) In general.--The Center shall coordinate its
activities, as appropriate, with other Federal agencies
and centers responsible for countering transnational
organized crime threats.
``(B) Shared resources.--In establishing the
Center, the Executive Associate Director of Homeland
Security Investigations may co-locate or otherwise
share resources and personnel, including detailees and
agency liaisons, with--
``(i) the National Intellectual Property
Rights Coordination Center established pursuant
to section 305(a)(1); or
``(ii) other existing interagency centers
within the Department of Homeland Security.
``(C) Agreements.--The Director of the Center, or
his or her designee, may enter into agreements with
Federal, State, local, and Tribal agencies and private
sector entities to facilitate carrying out the duties
described in paragraph (2).
``(D) Information sharing.--Subject to the approval
of the Director of the Center, information that would
otherwise be subject to the limitation on the
disclosure of confidential information set forth in
section 1905 of title 18, United States Code, may be
shared if such disclosure is operationally necessary.
The Director may not delegate his or her authority
under this subparagraph.
``(5) Reporting requirements.--
``(A) Initial report.--
``(i) In general.--Not later than 1 year
after the date of the enactment of the
Organized Retail Crime Center Authorization Act
of 2023, the Secretary of Homeland Security
shall submit a report regarding the
establishment of the Center to--
``(I) the Committee on the
Judiciary of the Senate;
``(II) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
``(III) the Committee on the
Judiciary of the House of
Representatives; and
``(IV) the Committee on Homeland
Security of the House of
Representatives.
``(ii) Contents.--The report required under
clause (i) should include a description of--
``(I) the organizational structure
of the Center;
``(II) the agencies and partner
organizations that are represented
within the Center;
``(III) any challenges that had to
be addressed while establishing the
Center;
``(IV) any lessons learned from
establishing the Center, including
successful prosecutions resulting from
the activities of the Center;
``(V) recommendations for ways to
strengthen the enforcement of laws
involving organized retail crime;
``(VI) recommendations for ways to
include organized retail crime within a
holistic supply chain security
enforcement framework;
``(VII) the intersections and
commonalities between organized retail
crime organizations and other organized
theft groups, including supply chain
diversion and theft; and
``(VIII) the impact of organized
theft groups on the scarcity of vital
products, including medicines, personal
protective equipment, and infant
formula.
``(B) Annual report.--Beginning on the date that is
1 year after the submission of the report required
under subparagraph (A), the Director shall submit an
annual report that describes the activities of the
Center during the previous year to the congressional
committees listed in subparagraph (A)(i).
``(c) Training and Technical Assistance.--
``(1) Evaluation.--Not later than 180 days after the date
of the enactment of the Organized Retail Crime Center
Authorization Act of 2023, the Secretary of Homeland Security
and the Attorney General shall conduct an evaluation of
existing Federal programs that provide grants, training, and
technical support to State, local, and Tribal law enforcement
to assist in countering organized retail crime.
``(2) Evaluation scope.--The evaluation required under
paragraph (1) shall evaluate, at a minimum--
``(A) the Homeland Security Grant Program at the
Federal Emergency Management Agency;
``(B) grant programs at the Office of Justice
Programs within the Department of Justice; and
``(C) relevant training programs at the Federal Law
Enforcement Training Center.
``(3) Report.--Not later than 45 days after the completion
of the evaluation required under paragraph (1), the Secretary
of Homeland Security and the Attorney General shall jointly
submit a report to the congressional committees listed in
subsection (b)(5)(A)(i) that--
``(A) describes the results of such evaluation; and
``(B) includes recommendations on ways to expand
grants, training, and technical assistance for
combating organized retail crime.
``(4) Enhancing or modifying training and technical
assistance.--Not later than 45 days after submitting the report
required under paragraph (3), the Secretary of Homeland
Security and the Attorney General shall jointly issue formal
guidance to relevant agencies and offices within the Department
of Homeland Security and the Department of Justice for
modifying or expanding, as appropriate, the prioritization of
training and technical assistance designed to counter organized
retail crime.''.
(b) Clerical Amendment.--The table of contents for the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 107-296) is
amended by inserting after the item relating to section 305 the
following:
``Sec. 305A. Organized Retail Crime Coordination Center.''.
<all>
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118S1390 | Solidify Iran Sanctions Act of 2023 | [
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"sponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
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[
"B001319",
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1390 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1390
To repeal the sunset provision of the Iran Sanctions Act of 1996, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Scott of South Carolina (for himself, Ms. Hassan, Mr. Hagerty, and
Ms. Rosen) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To repeal the sunset provision of the Iran Sanctions Act of 1996, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solidify Iran Sanctions Act of
2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) requires the imposition of sanctions with
respect to Iran's illicit weapons programs, conventional
weapons and ballistic missile development, and support for
terrorism, including Iran's Revolutionary Guards Corps.
(2) The Government of Iran has acquired destabilizing
conventional weapons systems from the Russian Federation and
other malign actors, and is funneling weapons and financial
support to its terrorist proxies throughout the Middle East,
threatening allies and partners of the United States, such as
Israel.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to fully implement and
enforce the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note).
SEC. 4. REPEAL OF SUNSET.
Section 13 of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in the section heading, by striking ``; sunset'';
(2) by striking ``(a) Effective Date.--''; and
(3) by striking subsection (b).
<all>
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118S1391 | Election Mail Act | [
[
"K000367",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1391
To amend title 39, United States Code, and the Help America Vote Act of
2002 to improve procedures and requirements related to election mail.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Ms. Klobuchar introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend title 39, United States Code, and the Help America Vote Act of
2002 to improve procedures and requirements related to election mail.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Mail Act''.
SEC. 2. SAME-DAY PROCESSING OF ABSENTEE BALLOTS.
(a) In General.--Chapter 34 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
``(a) In General.--The Postal Service shall ensure, to the maximum
extent practicable, that any ballot carried by the Postal Service is
processed by and cleared from any postal facility or post office on the
same day that the ballot is received by that postal facility or post
office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(b) Technical and Conforming Amendments.--
(1) Chapter heading.--The heading for chapter 34 of title
39, United States Code, is amended by striking ``ARMED FORCES
AND FREE POSTAGE'' and inserting ``ARMED FORCES; FREE POSTAGE;
ELECTION MAIL''.
(2) Table of chapters.--The table of chapters for part IV
of title 39, United States Code, is amended by striking the
item relating to chapter 34 and inserting the following:
``34. Armed Forces; Free Postage; Election Mail............. 3401''.
(3) Table of sections.--The table of sections for chapter
34 of title 39, United States Code, is amended by adding at the
end the following:
``3407. Same-day processing of ballots.''.
(c) Effective Date.--The amendments made by this subsection shall
apply to absentee ballots relating to an election for Federal office
occurring on or after the date that is 60 days after the date of
enactment of this Act.
SEC. 3. INTELLIGENT MAIL BARCODES FOR BALLOTS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081) is amended--
(1) by redesignating section 311 and section 312 as
sections 321 and 322, respectively;
(2) by redesignating subtitle B as subtitle C; and
(3) by inserting after subtitle A the following new
subtitle:
``Subtitle B--Requirements Relating to Mailed Ballots
``SEC. 311. USE OF INTELLIGENT MAIL BARCODES.
``(a) In General.--Each State and jurisdiction shall provide with
each ballot for an election for Federal office that is sent by mail a
return envelope that contains an intelligent mail barcode, as
prescribed by the United States Postal Service.
``(b) Exception.--Subsection (a) shall not apply to any ballot for
which a State or jurisdiction uses an alternative system that enables
voters to track the ballot through the mail.
``(c) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(d) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on or after January 1,
2024.''.
(b) Enforcement.--Section 401 of the Help America Vote Act of 2002
(52 U.S.C. 21111) is amended by inserting ``or the requirements
relating to mailed ballots under subtitle B of title III'' before the
period at the end.
(c) Conforming Amendment.--Section 321(a) of such Act (52 U.S.C.
21101), as redesignated by subsection (a), is amended by striking
``section 312'' and inserting ``section 322''.
(d) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by striking ``Subtitle B--Voluntary'' and inserting
``Subtitle C--Voluntary'';
(2) by redesignating the items relating to sections 311 and
312 as relating to sections 321 and 322, respectively; and
(3) by inserting after the item relating to section 305 the
following:
``Subtitle B--Requirements Relating to Mailed Ballots
``Sec. 311. Use of intelligent mail barcodes.''.
SEC. 4. ELECTION MAIL AND DELIVERY IMPROVEMENTS.
(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 2, is amended by adding at the end
the following:
``Sec. 3408. Postmark required for ballots
``(a) In General.--In the case of any absentee ballot carried by
the Postal Service, the Postal Service shall indicate on the ballot
envelope, using a postmark or otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 2, is amended by adding at the end the
following:
``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after the date that is 60 days
after the date of enactment of this Act.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as added by
section 3, is amended by adding at the end the following new
section:
``SEC. 312. BALLOT VISIBILITY.
``(a) In General.--Each State or local election official shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined for
a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode (as described in
section 311) is utilized for any official ballot relating to an
election for Federal office that is destined for a domestic or
international address, ensure the specific ballot service type
identifier for such mail is visible.
``(b) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on and after the date that is
60 days after the date of enactment of this section.''.
(2) Issuance of voluntary guidance by election assistance
commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)),
as redesignated by section 3, is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
section 312, the date described in section 312(b).''.
(3) Clerical amendment.--The table of contents of such Act,
as amended by section 3, is amended by inserting after the item
relating to section 311 the following new item:
``Sec. 312. Ballot visibility.''.
SEC. 5. CARRIAGE OF ELECTION MAIL.
(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section 4(a),
is amended by adding at the end the following:
``Sec. 3409. Domestic election mail; restriction of operational changes
prior to elections
``(a) Definitions.--In this section:
``(1) Election for federal office.--The term `election for
Federal office' means a general, special, primary, or runoff
election for the office of President or Vice President, or of
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress.
``(2) Election mail.--The term `election mail' means--
``(A) a blank or completed voter registration
application form, voter registration card, or similar
materials, relating to an election for Federal office;
``(B) a blank or completed absentee and other mail-
in ballot application form, and a blank or completed
absentee or other mail-in ballot, relating to an
election for Federal office, and
``(C) other materials relating to an election for
Federal office that are mailed by a State or local
election official to an individual who is registered to
vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act)), individually or in bulk,
shall be carried in accordance with the service standards established
for first-class mail under section 3691.
``(c) No Postage Required for Completed Ballots.--Completed
absentee or other mail-in ballots (other than balloting materials
covered under section 3406 (relating to the Uniformed and Overseas
Absentee Voting Act)) shall be carried free of postage.
``(d) Restriction of Operational Changes.--During the 120-day
period that ends on the date of an election for Federal office, the
Postal Service may not carry out any operational change that would
restrict the prompt and reliable delivery of election mail. This
subsection applies to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than for
routine maintenance.
``(e) Election Mail Coordinator.--The Postal Service shall appoint
an Election Mail Coordinator at each area office and district office to
facilitate relevant information sharing with State, territorial, local,
and Tribal election officials in regards to the mailing of election
mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended by
striking ``sections 3217 and 3403 through 3406'' and inserting
``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 34 of title 39, United States Code, as amended by section 4(a),
is amended by adding at the end the following:
``3409. Domestic election mail; restriction of operational changes
prior to elections.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period that begins on the
date of enactment of this section.
SEC. 6. UNITED STATES POSTAL SERVICE CONSULTATION.
(a) In General.--The Postmaster General shall consult with Indian
Tribes, on an annual basis, regarding issues relating to the United
States Postal Service that present barriers to voting for eligible
voters living on Indian lands.
(b) Definitions.--For purposes of this section--
(1) Indian lands.--The term ``Indian lands'' means--
(A) any Indian country, as such term is defined in
section 1151 of title 18, United States Code, of an
Indian Tribe;
(B) any land in Alaska that is owned, pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.), by--
(i) an Indian Tribe that is a Native
village (as such term is defined in section 3
of such Act (43 U.S.C. 1602)); or
(ii) a Village Corporation (as such term is
defined in such section 3) that is associated
with an Indian Tribe described in clause (i);
(C) any land on which the seat of government of an
Indian Tribe is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Bureau of the Census for the purposes of
the most recent decennial census.
(2) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
SEC. 7. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS.
(a) In General.--Subtitle C of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as added by section 3 and
amended by section 4, is amended by adding at the end the following new
section:
``SEC. 313. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS.
``(a) In General.--A State or local election official may not
refuse to accept or process a ballot submitted by an individual by mail
with respect to an election for Federal office in the State on the
grounds that the individual did not meet a deadline for returning the
ballot to the appropriate State or local election official if--
``(1) the ballot is postmarked or otherwise indicated by
the United States Postal Service to have been mailed on or
before the date of the election; and
``(2) the ballot is received by the appropriate election
official prior to the expiration of the 7-day period which
begins on the date of the election.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit a State from having a law that allows for
counting of ballots in an election for Federal office that are received
through the mail after the date that is 7 days after the date of the
election.
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by sections 3 and 4, is amended by inserting after the item
relating to section 312 the following new item:
``Sec. 313. Uniform deadline for acceptance of mailed ballots.''.
<all>
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118S1392 | Citizenship for Essential Workers Act | [
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
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[
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"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
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"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"G000555",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1392 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1392
To amend the Immigration and Nationality Act to provide for the
adjustment of status of essential workers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Padilla (for himself, Mr. Durbin, Mr. Lujan, Mr. Booker, Mrs.
Gillibrand, Mr. Markey, Mr. Blumenthal, Mr. Whitehouse, Ms. Warren, Mr.
Sanders, Ms. Hirono, Ms. Smith, and Ms. Duckworth) 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 provide for the
adjustment of status of essential workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizenship for Essential Workers
Act''.
SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A, the following:
``SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL WORKERS.
``(a) Adjustment of Status for Essential Workers.--Notwithstanding
any other provision of law, the Secretary of Homeland Security
(referred to in this section as the `Secretary') or the Attorney
General shall adjust to the status of an alien lawfully admitted for
permanent residence--
``(1) an alien who--
``(A) satisfies the eligibility requirements set
forth in subsection (b); and
``(B) submits an application and satisfies the
criminal and national security background checks and
payment of applicable fees pursuant to the procedures
set forth in subsection (d); and
``(2) the parents, spouse, sons, and daughters of such
alien.
``(b) Eligibility.--An alien applying for status under subsection
(a) shall satisfy the following requirements:
``(1) Aliens working in certain sectors, industries, and
occupations.--Except as provided in paragraph (2), the alien
shall have, at any point during the period described in
subsection (i), earned income for work in any of the following
private, public, or nonprofit sectors, industries, or
occupations:
``(A) Health care.
``(B) Emergency response.
``(C) Sanitation.
``(D) Restaurant ownership, food preparation,
vending, catering, food packaging, food services, or
delivery.
``(E) Hotel or retail.
``(F) Fish, poultry, and meat processing work.
``(G) Agricultural work, including labor that is
seasonal in nature.
``(H) Commercial or residential landscaping.
``(I) Commercial or residential construction or
renovation.
``(J) Housing, residential, and commercial
construction related activities or public works
construction.
``(K) Domestic work in private households,
including child care, home care, or house cleaning.
``(L) Natural disaster recovery, disaster
reconstruction, and related construction.
``(M) Home and community-based work, including--
``(i) home health care;
``(ii) residential care;
``(iii) assistance with activities of daily
living;
``(iv) any service provided by direct care
workers (as defined in section 799B of the
Public Health Service Act (42 U.S.C. 295p)),
personal care aides, job coaches, or supported
employment providers; and
``(v) any other provision of care to
individuals in their homes by direct service
providers, personal care attendants, and home
health aides.
``(N) Family care, including child care services,
in-home child care services such as nanny services, and
care services provided by family members to other
family members.
``(O) Manufacturing.
``(P) Warehousing.
``(Q) Transportation or logistics.
``(R) Janitorial.
``(S) Laundromat and dry-cleaning operators.
``(T) Any other work performed by `essential
critical infrastructure workers', as described in the
memorandum of the Department of Homeland Security
entitled `Advisory Memorandum on Ensuring Essential
Critical Infrastructure Workers Ability to Work During
the COVID-19 Response', which was originally issued by
the Director of the Cybersecurity and Infrastructure
Security Agency on March 19, 2020, and last updated on
August 10, 2021.
``(U) Any other work that a State or local
government considers to be essential during the
emergency referred to in subsection (i).
``(2) Certain other eligible aliens.--An alien not
described in paragraph (1)--
``(A) shall--
``(i)(I) have earned income in any sector,
industry, or occupation described in that
paragraph on any date during the period
described in subsection (i) but was unable to
continue that work through no fault of the
alien, including because the working conditions
posed a high degree of risk to the alien's
health and safety; and
``(II) have been seeking to resume work in
any such sector, industry, or occupation;
``(B) is the surviving parent, spouse, son, or
daughter of an alien who--
``(i) performed any service or labor for
remuneration in any sector, industry, or
occupation described in that paragraph on any
date during the period described in subsection
(i); and
``(ii) died due to COVID-19; or
``(C) is the parent, spouse, son, or daughter of a
member of the Armed Forces, including the National
Guard.
``(3) Physical presence.--
``(A) Date of submittal of application.--The alien
shall be physically present in the United States on the
date on which the application is submitted.
``(B) Continuous physical presence.--
``(i) In general.--Except as provided in
clause (ii), the alien shall have been
continuously physically present in the United
States beginning on January 1, 2023, and ending
on the date on which the application is
approved.
``(ii) Exceptions.--
``(I) Authorized absence.--An alien
who departed temporarily from the
United States shall not be considered
to have failed to maintain continuous
physical presence in the United States
during any period of travel that was
authorized by the Secretary.
``(II) Brief, casual, and innocent
absences.--
``(aa) In general.--An
alien who departed temporarily
from the United States shall
not be considered to have
failed to maintain continuous
physical presence in the United
States if the alien's absences
from the United States are
brief, casual, and innocent,
whether or not such absences
were authorized by the
Secretary.
``(bb) Absences more than
180 days.--For purposes of this
clause, an absence of more than
180 days, in the aggregate,
during a calendar year shall
not be considered brief, unless
the Secretary finds that the
length of the absence was due
to circumstances beyond the
alien's control, including the
serious illness of the alien,
death or serious illness of a
spouse, parent, grandparent,
grandchild, sibling, son, or
daughter of the alien, or due
to international travel
restrictions.
``(iii) Effect of notice to appear.--
Issuance of a notice to appear under section
239(a) shall not be considered to interrupt the
continuity of an alien's continuous physical
presence in the United States.
``(c) Grounds for Ineligibility.--
``(1) Certain grounds of inadmissibility.--
``(A) In general.--Subject to subparagraph (B), an
alien shall be ineligible for status under this section
if the alien--
``(i) is inadmissible under paragraph (2),
(3), (6)(E), (8), (10)(C), or (10)(E) of
section 212(a);
``(ii) has been convicted of a felony
offense (excluding any offense under State law
for which an essential element in the alien's
immigration status); or
``(iii) has been convicted of 3 or more
misdemeanor offenses (excluding simple
possession of cannabis or cannabis-related
paraphernalia, any offense involving cannabis
or cannabis-related paraphernalia that is no
longer prosecutable in the State in which the
conviction was entered, any offense under State
law for which an essential element is the
alien's immigration status, any offense
involving civil disobedience without violence,
and any minor traffic offense) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct.
``(B) Waivers.--
``(i) In general.--For purposes of
subparagraph (A), the Secretary may, for
humanitarian purposes, family unity, or if
otherwise in the public interest--
``(I) waive inadmissibility under--
``(aa) subparagraphs (A),
(C), and (D) of section
212(a)(2); and
``(bb) paragraphs (6)(E),
(8), (10)(C), and (10)(E) of
such section;
``(II) waive ineligibility under
subparagraph (A)(ii) (excluding
offenses described in section
101(a)(43)(A)) or inadmissibility under
subparagraph (B) of section 212(a)(2)
if the alien has not been convicted of
any offense during the 10-year period
preceding the date on which the alien
applies for status under this section;
and
``(III) for purposes of
subparagraph (A)(iii), waive
consideration of--
``(aa) 1 misdemeanor
offense if, during the 5-year
period preceding the date on
which the alien applies for
status under this section the
alien has not been convicted of
any offense; or
``(bb) 2 misdemeanor
offenses if, during the 10-year
period preceding such date, the
alien has not been convicted of
any offense.
``(ii) Considerations.--In making a
determination under subparagraph (B), the
Secretary of Homeland Security or the Attorney
General shall consider all mitigating and
aggravating factors, including--
``(I) the severity of the
underlying circumstances, conduct, or
violation;
``(II) the duration of the alien's
residence in the United States;
``(III) evidence of rehabilitation,
if applicable; and
``(IV) the extent to which the
alien's removal, or the denial of the
alien's application, would adversely
affect the alien or the alien's United
States citizen or lawful permanent
resident family members.
``(2) Aliens in certain immigration statuses.--An alien
shall be ineligible for adjustment of status under this section
if, on January 1, 2023, the alien was any of the following:
``(A) An alien lawfully admitted for permanent
residence.
``(B) An alien admitted as a refugee under section
207 or granted asylum under section 208.
``(C) An alien who, according to the records of the
Secretary or the Secretary of State, was in a period of
authorized stay in a nonimmigrant status described in
section 101(a)(15), other than--
``(i) the spouse, son, or daughter of an
alien who is eligible for status under this
section;
``(ii) an alien who is considered to be in
a nonimmigrant status solely by reason of
section 702 of the Consolidated Natural
Resources Act of 2008 (Public Law 110-229; 122
Stat. 854) or section 244(f)(4) of this Act;
``(iii) a nonimmigrant described in section
101(a)(15)(H)(ii); and
``(iv) a nonimmigrant who is described in
subsection (b).
``(D) An alien paroled into the Commonwealth of the
Northern Mariana Islands or Guam who did not reside in
the Commonwealth or Guam on November 28, 2009.
``(3) Certain aliens outside the united states and unlawful
reentrants.--An alien shall be ineligible for adjustment of
status under this section if the alien--
``(A) departed the United States while subject to
an order of exclusion, deportation, removal, or
voluntary departure; and
``(B)(i) was outside the United States on January
1, 2023; or
``(ii) reentered the United States unlawfully after
January 1, 2023.
``(d) Application.--
``(1) Fee.--
``(A) In general.--The Secretary shall, subject to
an exemption under subparagraph (B), require an alien
applying for adjustment of status under this section to
pay a reasonable fee commensurate with the cost of
processing the application.
``(B) Exemptions.--An applicant may, in the
discretion of the Secretary, be exempted from paying an
application fee required under this paragraph if the
applicant--
``(i) received total income, during the 1-
year period immediately preceding the date on
which the applicant files an application under
this section, that is less than 250 percent of
the Federal poverty line;
``(ii) is younger than 21 years of age;
``(iii) is in foster care or is a juvenile
who lacks any parental or other familial
support; or
``(iv) cannot care for himself or herself
because of a serious disability.
``(C) Installments.--The Secretary may allow
applicants to pay the fee under this paragraph in
installments.
``(2) Background checks.--The Secretary may not grant an
alien permanent resident status under this section until a
background check has been completed.
``(3) Withdrawal of application.--
``(A) In general.--On receipt of a request to
withdraw an application under this section, the
Secretary shall cease processing of the application and
close the case.
``(B) Effect of withdrawal.--Withdrawal of such an
application shall not prejudice any future application
filed by the applicant for any immigration benefit
under this Act.
``(e) Employer Requirements.--
``(1) In general.--On request, an employer, the agent of an
employer, or any person who provides compensation directly or
indirectly to a worker for labor or service, shall provide a
worker with documents that will assist the worker's filing of
an application under subsection (d).
``(2) Effect of delay or noncompliance.--With respect to a
request described in paragraph (1), delay or noncompliance on
the part of an employer, the agent of an employer, or the
person who provides compensation directly or indirectly shall
result in an escalating fine that accrues for the duration of
the delay or noncompliance.
``(f) Employer Protections.--No part of an alien's application or
request for documents under subsection (e) shall be used as evidence
regarding an employer's or any other person's hiring, employment, or
continued employment of an alien described in subsection (b) for
purposes of demonstrating a violation of section 274A(a) of the
Immigration and Nationality Act (8 U.S.C. 1324a(a)) so long as the
employer or other person has complied with such subsection (e).
``(g) Worker Protections.--
``(1) In general.--An employer, the agent of an employer,
or any person who provides compensation directly or indirectly
to a worker for labor or service shall not take an adverse
action against a worker based on a request made by the worker
in good faith for documents or information to support an
application for adjustment of status under this section.
``(2) Presumption.--
``(A) In general.--If any person or entity
described in paragraph (1) takes an adverse action
against such a worker within 90 days of the worker's
request for such documentation or information, such
conduct shall raise a presumption that the adverse
action was carried out in--
``(i) response to such request; and
``(ii) in violation of this subsection.
``(B) Rebuttal.--The presumption under subparagraph
(A) may be rebutted by clear and convincing evidence
that the adverse action was taken for other permissible
reasons.
``(3) Civil action.--A worker may bring a civil action in a
Federal or State court of competent jurisdiction against any
person or entity described in paragraph (1) that violates this
subsection to seek such legal or equitable relief as may be
appropriate, including reinstatement, promotion, the payment of
wages lost, an additional equal amount as liquidated damages,
and punitive damages. An action commenced under this paragraph
may be commenced within 2 years after the cause of action
accrued. In any judgment in favor of a worker, and in any
proceeding to enforce such a judgment, the court shall award
reasonable attorney's fees and costs to the prevailing
plaintiff.
``(h) Clarification.--Nothing in this section shall be construed to
require an alien described in subsection (b) to appear before an agent
of the Department of Homeland Security or any other Federal agency for
an interview.
``(i) Period Described.--The period described in this subsection is
the period beginning on the first day of the public health emergency
declared by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19.
``(j) Submission of Biometric and Biographic Data.--
``(1) In general.--
``(A) In general.--The Secretary may not grant an
alien adjustment of status under this section unless
the alien submits biometric and biographic data, in
accordance with procedures established by the
Secretary.
``(B) Alternative procedure.--The Secretary shall
provide an alternative procedure for aliens who are
unable to provide such biometric or biographic data due
to a physical or mental impairment or bona fide
religious objection.
``(2) Background checks.--
``(A) In general.--The Secretary shall use
biometric and biographic data--
``(i) to conduct security and law
enforcement background checks; and
``(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
adjustment of status under this section.
``(B) Completion required.--
``(i) In general.--The status of an alien
may not be adjusted under this section unless
security and law enforcement background checks
are completed to the satisfaction of the
Secretary.
``(ii) Timeline.--
``(I) In general.--Except as
provided in subclause (II), the
security and law enforcement background
checks required by this paragraph shall
be completed within 60 days.
``(II) Extension for good cause.--
The Secretary may extend the timeline
under subclause (I) for good cause and,
in the case of such an extension, shall
communicate the delay to the applicant.
``(k) Adjudication.--
``(1) In general.--The Secretary shall evaluate each
application filed pursuant to this section to determine whether
the alien meets all applicable requirements.
``(2) Adjustment of status if favorable determination.--If
the Secretary determines that the alien meets the requirements
under this section, the Secretary shall--
``(A) notify the alien of such determination; and
``(B) adjust the status of the alien to that of an
alien lawfully admitted for permanent residence,
effective as of the date of such determination.
``(3) Adverse determination.--If the Secretary determines
that the alien does not meet the requirements for status under
this section, the Secretary shall notify the alien of such
determination.
``(l) Aliens Ordered Removed.--
``(1) In general.--An alien present in the United States
who has been ordered removed or has been permitted to depart
voluntarily from the United States, notwithstanding such order
or permission to depart, may apply for adjustment of status
under this section.
``(2) Opportunity to apply.--
``(A) In general.--An alien who appears to be prima
facie eligible for relief under this section shall be
given a reasonable opportunity to apply for such relief
and shall not be removed until a final decision
establishing ineligibility for relief is rendered.
``(B) Motion not required.--Such alien shall not be
required to file a separate motion to reopen,
reconsider, or vacate the order of removal.
``(C) Effect of approval.--If the Secretary
approves the application, the Secretary or the Attorney
General shall vacate the order of removal and terminate
any removal proceedings.
``(D) Effect of denial.--If the Secretary renders a
final administrative decision to deny the application,
the order of removal or permission to depart shall be
effective and enforceable to the same extent as if the
application had not been made, but only after all
available administrative and judicial remedies have
been exhausted.
``(m) Advance Parole.--
``(1) In general.--During the period beginning on the date
on which an alien applies for adjustment of status under this
section and ending on the date on which the Secretary makes a
final decision regarding such application, the alien shall be
eligible to apply for advance parole based on any reasonable
need to travel.
``(2) Applicability.--Section 101(g) of the Immigration and
Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien
granted advance parole under this subsection.
``(n) Employment Authorization.--
``(1) In general.--
``(A) In general.--An alien whose removal is stayed
pursuant to this section or who has a pending
application under this section shall, on application to
the Secretary, be granted an employment authorization
document.
``(B) Timeline for issuance.--
``(i) In general.--Except as provided in
clause (ii), an employment authorization
document shall be issued within 30 days.
``(ii) Extension for good cause.--The
Secretary may extend the timeline under clause
(ii) for good cause and, in the case of such an
extension, shall communicate the delay to the
applicant.
``(2) Receipt of application.--
``(A) In general.--As soon as practicable after
receiving an application for status under this section,
the Secretary shall provide the applicant with a
document acknowledging receipt of such application.
``(B) Evidence of employment authorization.--A
document issued under subparagraph (A) shall--
``(i) serve as interim evidence of the
alien's authorization to accept employment in
the United States; and
``(ii) be accepted by an employer as
evidence of employment authorization under
section 274A(b)(1)(C) pending a final decision
on the application.
``(o) Exemption From Numerical Limitation.--Nothing in this section
or in any other law may be construed--
``(1) to limit the number of aliens who may be granted
permanent resident status under this section; or
``(2) to count against any other numerical limitation under
this Act.
``(p) Administrative Review.--
``(1) Exclusive administrative review.--Administrative
review of a determination with respect to an application for
status under this section shall be conducted solely in
accordance with this subsection.
``(2) Administrative appellate review.--
``(A) Establishment of administrative appellate
authority.--The Secretary shall establish or designate
an appellate authority to provide for a single level of
administrative appellate review of determinations with
respect to applications for, and revocations of, status
under this section.
``(B) Single appeal for each administrative
decision.--
``(i) In general.--An alien in the United
States whose application for status under this
section has been denied or whose status under
this section has been revoked may file with the
Secretary not more than 1 appeal of each such
decision.
``(ii) Changed circumstance.--On a showing
of changed circumstances, the Secretary may
waive the numerical limitation under clause
(i).
``(iii) Notice of appeal.--
``(I) In general.--A notice of
appeal filed under this paragraph shall
be filed not later than 90 days after
the date of service of the denial or
revocation, unless the delay beyond the
90-day period is reasonably
justifiable.
``(II) Waiver.--On showing that the
delay was reasonably justifiable, the
Secretary may waive the time limitation
described in subclause (I).
``(III) Service.--Service of a
notice of appeal under this clause
shall be provided in English, Spanish,
and any other language that the alien
concerned is known to understand, and
shall be made upon counsel of record.
``(C) Review by secretary.--Nothing in this
paragraph may be construed to limit the authority of
the Secretary to certify appeals for review and final
administrative decision.
``(D) Denial of petitions for dependents.--A
decision to deny, or revoke the approval of, a petition
filed by an alien to classify a spouse, son, daughter,
or child of the alien as the spouse, son, daughter, or
child for purposes of status under this section may be
appealed under this paragraph.
``(E) Record for review.--Administrative appellate
review under this paragraph shall be de novo and based
solely upon--
``(i) the administrative record established
at the time of the determination on the
application; and
``(ii) any additional newly discovered or
previously unavailable evidence.
``(3) Stay of removal.--An alien seeking administrative
review of a denial, or revocation of approval, of an
application under this section shall not be removed from the
United States before a final decision is rendered establishing
ineligibility for lawful permanent residence.
``(q) Information Privacy.--
``(1) In general.--Except as provided in paragraph (3), no
officer or employee of the United States may--
``(A) disclose (directly or indirectly, including
through inclusion in a database), access, or use the
information provided by an alien pursuant to an
application filed under this section (including
information provided during administrative or judicial
review) for the purpose of immigration enforcement,
including the initiation of removal proceedings; or
``(B) publish any information provided pursuant to
an application under this section.
``(2) Referrals prohibited.--The Secretary, based solely on
information provided in an application for adjustment of status
under this section (including information provided during
administrative or judicial review) or an application for
deferred action pursuant to the memorandum of the Department of
Homeland Security entitled `Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the United States as
Children' issued on June 15, 2020, may not refer an applicant
to U.S. Immigration and Customs Enforcement, U.S. Customs and
Border Protection, or any designee of either such entity.
``(3) Required disclosure.--Notwithstanding paragraph (1),
the Attorney General or the Secretary shall provide the
information provided in an application under this section, and
any other information derived from such information, to an
official coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased
as a result of a crime).
``(4) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be fined not more than $50,000.
``(5) Safeguards.--The Secretary shall require appropriate
administrative and physical safeguards to protect against
direct and indirect disclosure, access, and uses of information
that violate this subsection.
``(6) Assessments.--Not less frequently than annually, the
Secretary shall conduct an assessment that, for the preceding
calendar year--
``(A) analyzes the effectiveness of the safeguards
described in paragraph (5);
``(B) determines the number of authorized
disclosures under paragraph (3) made; and
``(C) determines the number of disclosures
prohibited under paragraphs (1) and (2) made.
``(r) Eligibility for Other Statuses.--An alien's eligibility to be
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking any status under any other provision of
law for which the alien may otherwise be eligible.
``(s) Effect of Failure To Comply With Removal Order.--Failure to
comply with 1 or more removal orders or voluntary departure agreements
for acts committed before the date of the enactment of this section
shall not affect the eligibility of an alien to apply for a benefit
under this section.''.
(b) Judicial Review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``the
exercise of discretion specified under this title
arising under'' after ``no court shall have
jurisdiction to review'';
(B) in subparagraph (C), by inserting ``or
subsection (h)'' after ``subparagraph (D)''; and
(C) in subparagraph (D)--
(i) by striking ``(other than in this
section)''; and
(ii) by striking ``raised upon a petition
for review filed with an appropriate court of
appeals in accordance with this section'';
(2) in subsection (b)--
(A) in paragraph (2), in the first sentence, by
inserting ``or, in the case of a decision rendered
under subsection (c), in the judicial circuit in which
the petitioner resides'' after ``proceedings''; and
(B) in paragraph (9), by striking the first
sentence and inserting the following: ``Except as
otherwise provided in this section, judicial review of
a determination respecting a removal order shall be
available only in judicial review of a final order
under this section.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``or restrain the
operation of''; and
(B) in paragraph (2), by inserting ``after all
administrative and judicial review available to the
alien is complete'' before ``unless''; and
(4) by adding at the end the following:
``(h) Judicial Review of Eligibility Determinations Relating to
Status Under Title 5.--
``(1) Direct review.--If an alien's application under
section 245B is denied, or the approval of such application is
revoked, after the exhaustion of administrative appellate
review under subsection (p) of that section, the alien may seek
review of such decision, in accordance with chapter 7 of title
5, United States Code, in the district court of the United
States for the district in which the alien resides.
``(2) Status during review.--During the period in which a
review described in paragraph (1) is pending--
``(A) any unexpired grant of voluntary departure
under section 240B shall be tolled; and
``(B) any order of exclusion, deportation, or
removal shall automatically be stayed unless the court,
in its discretion, orders otherwise.
``(3) Review after removal proceedings.--An alien may seek
judicial review of a denial or revocation of approval of the
alien's application under section 245B in the appropriate court
of appeals of the United States in conjunction with the
judicial review of an order of removal, deportation, or
exclusion if the validity of the denial or revocation has not
been upheld in a prior judicial proceeding under paragraph (1).
``(4) Standard for judicial review.--
``(A) Basis.--Judicial review of a denial or
revocation of an approval of an application under
section 245B shall be based upon the administrative
record established at the time of the review.
``(B) Authority to remand.--The reviewing court may
remand a case under this subsection to the Secretary of
Homeland Security (referred to in this subsection as
the `Secretary') for consideration of additional
evidence if the court finds that--
``(i) the additional evidence is material;
and
``(ii) there were reasonable grounds for
failure to adduce the additional evidence
before the Secretary.
``(C) Scope of review.--Notwithstanding any other
provision of law, judicial review of all questions
arising from a denial or revocation of approval of an
application under section 245B shall be governed by the
standard of review set forth in section 706 of title 5,
United States Code.
``(5) Remedial powers.--
``(A) Jurisdiction.--Notwithstanding any other
provision of law, the district courts of the United
States shall have jurisdiction over any cause or claim
arising from a pattern or practice of the Secretary in
the operation or implementation of the Citizenship for
Essential Workers Act, or the amendments made by that
Act, that is arbitrary, capricious, or otherwise
contrary to law.
``(B) Scope of relief.--The district courts of the
United States may order any appropriate relief in a
clause or claim described in subparagraph (A) without
regard to exhaustion, ripeness, or other standing
requirements (other than constitutionally mandated
requirements), if the court determines that--
``(i) the resolution of such cause or claim
will serve judicial and administrative
efficiency; or
``(ii) a remedy would otherwise not be
reasonably available or practicable.
``(6) Challenges to the validity of the system.--
``(A) In general.--Except as provided in paragraph
(5), any claim that section 245B or any regulation,
written policy, written directive, or issued or
unwritten policy or practice initiated by or under the
authority of the Secretary to implement such section,
violates the Constitution of the United States or is
otherwise in violation of law is available in an action
instituted in a district court of the United States in
accordance with the procedures prescribed in this
paragraph.
``(B) Savings provision.--Except as provided in
subparagraph (C), nothing in subparagraph (A) may be
construed to preclude an applicant under 245B from
asserting that an action taken or a decision made by
the Secretary with respect to the applicant's status
was contrary to law.
``(C) Class actions.--Any claim described in
subparagraph (A) that is brought as a class action
shall be brought in conformity with--
``(i) the Class Action Fairness Act of 2005
(Public Law 109-2; 119 Stat. 4); and
``(ii) the Federal Rules of Civil
Procedure.
``(D) Preclusive effect.--The final disposition of
any claim brought under subparagraph (A) shall be
preclusive of any such claim asserted by the same
individual in a subsequent proceeding under this
subsection.
``(E) Exhaustion and stay of proceedings.--
``(i) In general.--No claim brought under
this paragraph shall require the plaintiff to
exhaust administrative remedies under section
245B(p).
``(ii) Stay authorized.--Nothing in this
paragraph may be construed to prevent the court
from staying proceedings under this paragraph
to permit the Secretary to evaluate an
allegation of an unwritten policy or practice
or to take corrective action. In determining
whether to issue such a stay, the court shall
take into account any harm the stay may cause
to the claimant.''.
(c) Rulemaking.--
(1) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall issue interim
final rules, published in the Federal Register, implementing
section 245B of the Immigration and Nationality Act, as added
by this Act.
(2) Effective date.--Notwithstanding section 553 of title
5, United States Code, the rules issued under this subsection
shall be effective, on an interim basis, immediately upon
publication, but may be subject to change and revision after
public notice and opportunity for a period of public comment.
(3) Final rules.--Not later than 180 days after the date of
publication under paragraph (2), the Secretary shall finalize
the interim rules.
(d) Rule of Construction.--Section 244(h) of the Immigration and
Nationality Act (8 U.S.C. 1254a(h)) may not be construed to limit the
authority of the Secretary to adjust the status of an alien under
section 245B of the Immigration and Nationality Act, as added by this
Act.
(e) Eligibility for Services.--Section 504(a)(11) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law
104-134; 110 Stat. 1321-54) shall not be construed to prevent a
recipient of funds under title X of the Economic Opportunity Act of
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for status under section 245B of the
Immigration and Nationality Act, as added by this Act, or to an alien
granted such status.
(f) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended
by inserting after the item relating to section 245A the following:
``Sec. 245B. Adjustment of status for essential workers.''.
SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS.
(a) Waiver of Grounds of Inadmissibility.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting
after subsection (b) the following:
``(c) Humanitarian, Family Unity, and Public Interest Waiver.--
``(1) In general.--Notwithstanding any other provision of
law, except section 245B(c)(1)(B), the Secretary of Homeland
Security or the Attorney General may waive the operation of any
1 or more grounds of inadmissibility under this section
(excluding inadmissibility under subsection (a)(3)) for any
purpose, including eligibility for relief from removal--
``(A) for humanitarian purposes;
``(B) to ensure family unity; or
``(C) if a waiver is otherwise in the public
interest.
``(2) Considerations.--In making a determination under
paragraph (1), the Secretary of Homeland Security or the
Attorney General shall consider all mitigating and aggravating
factors, including--
``(A) the severity of the underlying circumstances,
conduct, or violation;
``(B) the duration of the alien's residence in the
United States;
``(C) evidence of rehabilitation, if applicable;
and
``(D) the extent to which the alien's removal, or
the denial of the alien's application, would adversely
affect the alien or the alien's United States citizen
or lawful permanent resident family members.''.
(b) Waiver of Grounds of Deportability.--Section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding
at the end the following:
``(8) Humanitarian, family unity, and public interest
waiver.--
``(A) In general.--Notwithstanding any other
provision of law, except section 245B(c)(1)(B), the
Secretary of Homeland Security or the Attorney General
may waive the operation of any 1 or more grounds of
deportability under this subsection (excluding
deportability under paragraph (2)(A)(iii) based on a
conviction described in section 101(a)(43)(A) and
deportability under paragraph (4)) for any purpose,
including eligibility for relief from removal--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if a waiver is otherwise in the
public interest.
``(B) Considerations.--In making a determination
under subparagraph (A), the Secretary of Homeland
Security or the Attorney General shall consider all
mitigating and aggravating factors, including--
``(i) the severity of the underlying
circumstances, conduct, or violation;
``(ii) the duration of the alien's
residence in the United States;
``(iii) evidence of rehabilitation, if
applicable; and
``(iv) the extent to which the alien's
removal, or the denial of the alien's
application, would adversely affect the alien
or the alien's United States citizen or lawful
permanent resident family members.''.
(c) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9))
is amended to read as follows:
``(9) Aliens previously removed.--
``(A) Arriving alien.--Any alien who has been
ordered removed under section 235(b)(1) or at the end
of proceedings under section 240 initiated upon the
alien's arrival in the United States and who again
seeks admission within 5 years of the date of such
removal (or within 20 years in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible.
``(B) Other aliens.--Any alien not described in
subparagraph (A) who seeks admission within 10 years of
the date of such alien's departure or removal (or
within 20 years of such date in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible if the alien--
``(i) has been ordered removed under
section 240 or any other provision of law; or
``(ii) departed the United States while an
order of removal was outstanding.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply to an alien seeking admission within a period
if, prior to the date of the alien's reembarkation at a
place outside the United States or attempt to be
admitted from foreign contiguous territory, the
Secretary of Homeland Security has consented to the
alien's reapplying for admission.''.
SEC. 4. EXPUNGEMENT AND SENTENCING.
(a) Definition of Conviction.--
(1) In general.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as
follows:
``(48)(A) The term `conviction' means, with respect to an alien, a
formal judgment of guilt of the alien entered by a court.
``(B) The following may not be considered a conviction for purposes
of this Act:
``(i) An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld,
vacated, or pardoned by the President of the United States or
the Governor of any State.
``(ii) Any adjudication in which the court has issued--
``(I) a judicial recommendation against removal;
``(II) an order of probation without entry of
judgment; or
``(III) any similar disposition.
``(iii) A judgment that is on appeal or is within the time
to file direct appeal.
``(C)(i) Unless otherwise provided, with respect to an offense, any
reference to a term of imprisonment or a sentence is considered to
include only the period of incarceration ordered by a court.
``(ii) Any such reference shall be considered to exclude any
portion of a sentence of which the imposition or execution was
suspended.''.
(2) Retroactive applicability.--The amendment made by this
subsection shall apply with respect to any conviction,
adjudication, or judgment entered before, on, or after the date
of the enactment of this Act.
(b) Judicial Recommendation Against Removal.--The grounds of
inadmissibility and deportability under sections 212(a)(2) and
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)
and 1227(a)(2)) shall not apply to an alien with a criminal conviction
if, not later than 180 days after the date on which the alien is
sentenced, and after having provided notice and an opportunity to
respond to representatives of the State concerned, the Secretary, and
prosecuting authorities, the sentencing court issues a recommendation
to the Secretary that the alien not be removed on the basis of the
conviction.
SEC. 5. PETTY OFFENSES.
Section 212(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``, or who admits having committed, or who admits
committing acts which constitute the essential elements of'';
and
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``to an alien who committed only one crime'';
(B) in subclause (I), by inserting ``the alien
committed only one crime,'' before ``the crime was
committed when''; and
(C) by amending subclause (II) to read as follows:
``(II)(aa) the alien was not
convicted of more than 2 crimes; and
``(bb) for each such crime--
``(AA) the maximum penalty
possible did not exceed
imprisonment for 1 year; and
``(BB) the alien was not
sentenced to a term of
imprisonment in excess of 180
days.''.
<all>
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118S1393 | Sunlight in Workplace Harassment Act | [
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[
"M001176"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1393 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1393
To amend the Securities Exchange Act of 1934 to require disclosure of
payments for settlements of disputes regarding sexual abuse and certain
types of harassment and discrimination, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Ms. Warren (for herself, Ms. Rosen, Mr. Markey, Mrs. Feinstein, Mr.
Merkley, Mr. Sanders, Mr. Durbin, and Mr. Blumenthal) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to require disclosure of
payments for settlements of disputes regarding sexual abuse and certain
types of harassment and discrimination, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight in Workplace Harassment
Act''.
SEC. 2. DISCLOSURE OF PAYMENTS FOR SETTLEMENTS OF DISPUTES REGARDING
SEXUAL ABUSE AND CERTAIN TYPES OF HARASSMENT AND
DISCRIMINATION.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(t) Disclosure of Certain Activities Regarding Settlements of
Disputes Relating to Sexual Abuse and Certain Types of Harassment or
Discrimination.--
``(1) Definitions.--In this subsection--
``(A) the term `covered discrimination' means--
``(i) discrimination described in any of
clauses (i) through (vi) of subparagraph (B);
or
``(ii)(I) a violation of section 704(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
3(a)) that is related to discrimination
described in subparagraph (B)(i) or (B)(vi)(I);
``(II) a violation of section 4(d) of the
Age Discrimination in Employment Act of 1967
(29 U.S.C. 623(d)) that is related to
discrimination described in subparagraph
(B)(ii);
``(III) a violation of subsection (a) or
(b) of section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12203) that
is related to discrimination described in
subparagraph (B)(iii);
``(IV) a violation of section 207(f) of the
Genetic Information Nondiscrimination Act of
2008 (42 U.S.C. 2000ff-6(f)) that is related to
discrimination described in subparagraph
(B)(iv);
``(V) a violation of section 4311(b) of
title 38, United States Code, that is related
to discrimination described in subparagraph
(B)(v); and
``(VI) a violation of section
40002(b)(13)(A) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(b)(13)(A)) that--
``(aa) may cover retaliation
described in a provision specified in
any of subclauses (I) through (V); and
``(bb) is related to discrimination
described in subparagraph (B)(vi)(II);
``(B) the term `covered harassment' means
harassment that is--
``(i) discrimination because of a
characteristic consisting of race, color,
religion, sex, sexual orientation, gender
identity, or national origin, whether the
characteristic is actual or perceived, under
title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.);
``(ii) discrimination because of actual or
perceived age under the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.);
``(iii) discrimination on the basis of
actual or perceived disability under--
``(I) title I of the Americans with
Disabilities Act of 1990 (42 U.S.C.
12111 et seq.); or
``(II) section 501 of the
Rehabilitation Act of 1973 (29 U.S.C.
791);
``(iv) discrimination because of actual or
perceived genetic information under title II of
the Genetic Information Nondiscrimination Act
of 2008 (42 U.S.C. 2000ff et seq.);
``(v) discrimination on the basis of actual
or perceived status concerning service in a
uniformed service under section 4311(a) of
title 38, United States Code; or
``(vi) discrimination because of a
characteristic consisting of sexual orientation
or gender identity, whether the characteristic
is actual or perceived, under section
40002(b)(13)(A) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(b)(13)(A));
``(C) the term `covered issuer' means an issuer
that is required to file Form 10-K;
``(D) the term `Form 10-K' means the form described
in section 249.310 of title 17, Code of Federal
Regulations, as in effect on the date of enactment of
this subsection;
``(E) the term `gender identity' means a
characteristic consisting of the gender-related
identity, appearance, mannerisms, or other gender-
related characteristics of an individual, whether the
characteristic is actual or perceived, regardless of
the designated sex of the individual at birth;
``(F) the term `judgment' means, with respect to an
issuer, a judgment entered against the issuer, whether
imposed by a court or through arbitration;
``(G) the term `settlement' means any commitment or
agreement--
``(i) without regard to whether the
commitment or agreement, as applicable, is in
writing; and
``(ii) under which an issuer directly or
indirectly--
``(I) provides to an individual
compensation or other consideration
because of an allegation that the
individual has been a victim of covered
harassment, covered discrimination, or
sexual abuse; or
``(II) establishes conditions that
affect the terms of the employment,
including by terminating the
employment, of the individual with the
issuer--
``(aa) because of the
experience of the individual
with, or the participation of
the individual in, an alleged
act of covered harassment,
covered discrimination, or
sexual abuse; and
``(bb) in exchange for
which the individual agrees or
commits not to--
``(AA) bring legal,
administrative, or any
other type of action
against the issuer; or
``(BB) publicly
disclose, for a period
of time of any length,
any portion of the
alleged act described
in item (aa) on which
the commitment or
agreement, as
applicable, is based;
``(H) the term `sexual abuse' means a nonconsensual
sexual act or sexual contact, as such terms are defined
in section 2246 of title 18, United States Code, or
similar applicable Tribal or State law, including such
an act or contact in a circumstance in which the victim
lacks capacity to consent; and
``(I) the term `sexual orientation' means a
characteristic consisting of homosexuality,
heterosexuality, or bisexuality, whether the
characteristic is actual or perceived.
``(2) Disclosure requirements.--
``(A) In general.--Beginning in the first fiscal
year that begins after the date of enactment of this
subsection, each covered issuer shall disclose annually
on Form 10-K, to shareholders of the covered issuer,
and to the public--
``(i) for the time periods, and in the
manner, described in subparagraph (B)--
``(I) the total number of
settlements entered into by the covered
issuer, a subsidiary, contractor, or
subcontractor of the covered issuer, or
a corporate executive of the covered
issuer that relate to any alleged act
of sexual abuse, covered harassment, or
covered discrimination that--
``(aa) occurred in the
workplace of the covered issuer
or a subsidiary, contractor, or
subcontractor of the covered
issuer; or
``(bb) involves the
behavior of an employee of the
covered issuer, or of a
subsidiary, contractor, or
subcontractor of the covered
issuer, toward another such
employee, without regard to
whether that behavior occurred
in the workplace of the covered
issuer or the subsidiary,
contractor, or subcontractor,
as applicable;
``(II) the total dollar amount paid
with respect to the settlements
described in subclause (I);
``(III) the total number of
settlements entered into by the covered
issuer, a subsidiary, contractor, or
subcontractor of the covered issuer, or
a corporate executive of the covered
issuer that relate to any alleged act
of sexual abuse, covered harassment, or
covered discrimination that--
``(aa) was committed by a
corporate executive of--
``(AA) the covered
issuer; or
``(BB) a
subsidiary, contractor,
or subcontractor of the
covered issuer; and
``(bb)(AA) occurred in the
workplace of the covered issuer
or a subsidiary, contractor, or
subcontractor of the covered
issuer, as applicable; or
``(BB) involved the
behavior of a corporate
executive described in item
(aa) toward another employee of
the covered issuer or a
subsidiary, contractor, or
subcontractor of the covered
issuer, as applicable, without
regard to whether that behavior
occurred in the workplace of
the covered issuer or a
subsidiary, contractor, or
subcontractor of the covered
issuer;
``(IV) the total dollar amount with
respect to the settlements described in
subclause (III);
``(V) the average length of time
required for the covered issuer to
resolve a complaint relating to an
alleged act of covered discrimination,
covered harassment, or sexual abuse;
``(VI) the total number of
judgments entered against the covered
issuer, a subsidiary, contractor, or
subcontractor of the covered issuer, or
a corporate executive of the covered
issuer that relate to any alleged act
of sexual abuse, covered harassment, or
covered discrimination that--
``(aa) occurred in the
workplace of the covered issuer
or a subsidiary, contractor, or
subcontractor of the covered
issuer; or
``(bb) involves the
behavior of an employee of the
covered issuer, or a
subsidiary, contractor, or
subcontractor of the covered
issuer, toward another such
employee, without regard to
whether that behavior occurred
in the workplace of the covered
issuer or the subsidiary,
contractor, or subcontractor,
as applicable;
``(VII) the total dollar amount
paid with respect to the judgments
described in subclause (VI);
``(VIII) the total number of
judgments entered against the covered
issuer, a subsidiary, contractor, or
subcontractor of the covered issuer, or
a corporate executive of the covered
issuer that relate to any alleged act
of sexual abuse, covered harassment, or
covered discrimination that--
``(aa) was committed by a
corporate executive of--
``(AA) the covered
issuer; or
``(BB) a
subsidiary, contractor,
or subcontractor of the
covered issuer; and
``(bb)(AA) occurred in the
workplace of the covered issuer
or a subsidiary, contractor, or
subcontractor of the covered
issuer, as applicable; or
``(BB) involved the
behavior of a corporate
executive described in item
(aa) toward another employee of
the covered issuer or a
subsidiary, contractor, or
subcontractor of the covered
issuer, as applicable, without
regard to whether that behavior
occurred in the workplace of
the covered issuer or a
subsidiary, contractor, or
subcontractor of the covered
issuer; and
``(IX) the total dollar amount with
respect to the judgments described in
subclause (VIII);
``(ii) as of the date on which the
disclosure is made, the total number of
complaints relating to covered discrimination,
covered harassment, and sexual abuse that the
covered issuer is working to resolve through--
``(I) processes that are internal
to the covered issuer;
``(II) arbitration; and
``(III) litigation; and
``(iii) with respect to each alleged act of
covered discrimination, covered harassment, or
sexual abuse that is the subject of a complaint
or settlement described in clauses (i) and
(ii), the date on which that alleged act
occurred, with as much specificity as is
practicable under the circumstances.
``(B) Categories.--
``(i) In general.--Subject to subparagraph
(C), in each disclosure required under
subparagraph (A), a covered issuer shall report
the following:
``(I) For the fiscal year that is
the subject of that disclosure, the
following:
``(aa) The total number of
settlements in subclauses (I)
and (III) of subparagraph
(A)(i), in the aggregate.
``(bb) The total dollar
amounts in subclauses (II) and
(IV) of subparagraph (A)(i), in
the aggregate.
``(cc) The number of
settlements in subclauses (I)
and (III) of subparagraph
(A)(i), individually.
``(dd) The dollar amounts
in subclauses (II) and (IV) of
subparagraph (A)(i),
individually.
``(ee) The total number of
judgments in subclauses (VI)
and (VIII) of subparagraph
(A)(i), in the aggregate.
``(ff) The total dollar
amounts in subclauses (VII) and
(IX) of subparagraph (A)(i), in
the aggregate.
``(gg) The number of
judgments in subclauses (VI)
and (VIII) of subparagraph
(A)(i), individually.
``(hh) The dollar amounts
in subclauses (VII) and (IX) of
subparagraph (A)(i),
individually.
``(II) For the 7-fiscal year period
that is comprised of the fiscal year
that is the subject of that disclosure
and the 6 fiscal years that precede
that fiscal year, the following:
``(aa) The total number of
settlements in subclauses (I)
and (III) of subparagraph
(A)(i), in the aggregate.
``(bb) The total dollar
amounts in subclauses (II) and
(IV) of subparagraph (A)(i), in
the aggregate.
``(cc) The total number of
judgments in subclauses (VI)
and (VIII) of subparagraph
(A)(i), in the aggregate.
``(dd) The total dollar
amounts in subclauses (VII) and
(IX) of subparagraph (A)(i), in
the aggregate.
``(ii) Listing.--In disclosing information
in the manner described in clause (i), a
covered issuer shall list a settlement or
judgment, as applicable, by any of the
following categories that apply to the
settlement or judgment:
``(I) A settlement or judgment
relating to an alleged act of sexual
abuse, covered discrimination, or
covered harassment because of sex.
``(II) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment
because of race, color, or national
origin.
``(III) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment
because of religion.
``(IV) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment
because of age.
``(V) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment on
the basis of disability.
``(VI) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment
because of genetic information.
``(VII) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment on
the basis of status concerning service
in a uniformed service.
``(VIII) A settlement or judgment
relating to an alleged act of covered
discrimination or covered harassment
because of sexual orientation or gender
identity.
``(C) Prohibitions on certain disclosures; victim
choice.--
``(i) Prohibition on disclosures by covered
issuers.--A covered issuer may not--
``(I) in any disclosure made under
subparagraph (A), or in any other
public disclosure, disclose the name of
a victim of an alleged act of sexual
abuse, covered harassment, or covered
discrimination on which a settlement,
judgment, or complaint, as applicable,
described in subparagraph (A) is based;
or
``(II) under subparagraph (B)(ii),
include the categorization of a
settlement or judgment described in
subclause (I), (III), (VI), or (VIII)
of subparagraph (A)(i), as applicable,
in any disclosure made under
subparagraph (A) if the victim of the
alleged act of sexual abuse, covered
harassment, or covered discrimination
on which the settlement or judgment is
based objects to the disclosure of that
categorization.
``(ii) Prohibition on disclosures by the
commission.--The Commission may not disclose
the name of a victim of an alleged act of
sexual abuse, covered harassment, or covered
discrimination on which a settlement, judgment,
or complaint, as applicable, described in
subparagraph (A) is based.
``(iii) Victim choice.--
``(I) In general.--A covered issuer
shall not be required to report
information under subparagraph (B)(i)
if the victim of the alleged act of
sexual abuse, covered harassment, or
covered discrimination on which the
settlement or judgment, as applicable,
is based objects to the reporting of
that information.
``(II) No effect on subsequent
years.--If information is not reported
in a fiscal year because of an
objection made under subclause (I),
that information shall be reported in
subsequent fiscal years under
subparagraph (B)(ii).
``(D) Prevention of sexual abuse, covered
harassment, and covered discrimination.--In each
disclosure required under subparagraph (A), the covered
issuer making the disclosure shall include a
description of the measures taken by the covered issuer
and any subsidiary, contractor, or subcontractor of the
covered issuer to prevent employees of the covered
issuer and any subsidiary, contractor, or subcontractor
of the covered issuer from committing or engaging in
sexual abuse, covered harassment, or covered
discrimination.
``(3) Regulations.--The Commission may promulgate such
regulations as the Commission considers necessary to implement
the requirements under paragraph (2).''.
<all>
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118S1394 | Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1394 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1394
To prohibit the use of Federal funds to launch a nuclear weapon using
an autonomous weapons system that is not subject to meaningful human
control, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Markey (for himself, Ms. Warren, Mr. Merkley, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To prohibit the use of Federal funds to launch a nuclear weapon using
an autonomous weapons system that is not subject to meaningful human
control, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Block Nuclear Launch by Autonomous
Artificial Intelligence Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Department of Defense Directive 3000.09 (relating to
Autonomy in Weapons Systems), dated November 21, 2012, defines
``autonomous weapons system'' as a weapons system that, once
activated, can select and engage targets without further
intervention by an operator.
(2) Article 3, clause 8 of the Convention on Prohibitions
or Restrictions on the Use of Certain Conventional Weapons
Which may be Deemed to be Excessively Injurious or to Have
Indiscriminate Effects, signed at Geneva October 10, 1980
(commonly known as the`` Convention on Certain Conventional
Weapons'') prohibits the indiscriminate use of weapons, which
is defined in the Convention on Certain Conventional Weapons as
``any placement of such weapons. . .which may be expected to
cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct
military advantage anticipated''.
(3) Section 5.10 of the Department of Defense Law of War
Manual states that ``[c]ommanders, at all levels, have a great
responsibility to exercise the leadership necessary to reduce
the risk of harm to civilians and civilian objects''.
(4) In a report on autonomous weapons systems published on
December 1, 2021, Human Rights Watch and the International
Human Rights Clinic of Harvard Law School argue that ``[r]obots
lack the compassion, empathy, mercy, and judgment necessary to
treat humans humanely, and they cannot understand the inherent
worth of human life''.
(5) The 2022 Nuclear Posture Review states ``[i]n all
cases, the United States will maintain a human `in the loop'
for all actions critical to informing and executing decisions
by the President to initiate and terminate nuclear weapon
employment''.
(6) The National Security Commission on Artificial
Intelligence recommends that the United States ``clearly and
publicly affirm existing U.S. policy that only human beings can
authorize employment of nuclear weapons and seek similar
commitments from Russia and China''.
(7) On February 16, 2023, the Secretary of State issued a
Political Declaration on Responsible Military Use of Artificial
Intelligence and Autonomy, which states that ``States should
maintain human control and involvement for all actions critical
to informing and executing sovereign decisions concerning
nuclear weapons''.
(8) Large-scale nuclear war would lead to the deaths of
millions of people, firestorms, radioactive fallout
contamination, agricultural failure, and catastrophic climate
results.
(9) Compliance with international humanitarian law, human
control and human legal judgment is essential in the nuclear
command and control process.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the use of lethal, autonomous nuclear weapons systems
that are not subject to meaningful human control cannot
properly adhere to international humanitarian law; and
(2) any decision to launch a nuclear weapon should not be
made by artificial intelligence.
SEC. 4. PROHIBITION ON USE OF FEDERAL FUNDS TO DEPLOY NUCLEAR WEAPONS
WITH AUTONOMOUS WEAPONS SYSTEMS NOT SUBJECT TO MEANINGFUL
HUMAN CONTROL.
(a) In General.--None of the funds authorized to be appropriated or
otherwise made available for any fiscal year may be obligated or
expended to use an autonomous weapons system that is not subject to
meaningful human control--
(1) to launch a nuclear weapon; or
(2) to select or engage targets for the purposes of
launching a nuclear weapon.
(b) Definitions.--In this section:
(1) Autonomous weapons system.--The term ``autonomous
weapons system'' has the meaning given such term in Department
of Defense Directive 3000.09 (relating to Autonomy in Weapons
Systems), as in effect on the date of the enactment of this
Act.
(2) Meaningful human control.--The term ``meaningful human
control'' means, with respect to an autonomous weapons system,
human control of--
(A) the selection and engagement of targets; and
(B) the time, location, and manner of use.
<all>
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118S1395 | A bill to temporarily suspend the debt limit through December 31, 2024. | [
[
"S000148",
"Sen. Schumer, Charles E. [D-NY]",
"sponsor"
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"Sen. Murray, Patty [D-WA]",
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[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1395 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 40
118th CONGRESS
1st Session
S. 1395
To temporarily suspend the debt limit through December 31, 2024.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2023
Mr. Schumer (for himself, Mrs. Murray, Mr. Wyden, and Mr. Whitehouse)
introduced the following bill; which was read the first time
May 2, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To temporarily suspend the debt limit through December 31, 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(a) In General.--Section 3101(b) of title 31, United States Code,
shall not apply for the period beginning on the date of enactment of
this Act and ending on December 31, 2024.
(b) Special Rule Relating to Obligations Issued During Extension
Period.--Effective on January 1, 2025, the limitation in effect under
section 3101(b) of title 31, United States Code, shall be increased to
the extent that--
(1) the face amount of obligations issued under chapter 31
of such title and the face amount of obligations whose
principal and interest are guaranteed by the United States
Government (except guaranteed obligations held by the Secretary
of the Treasury) outstanding on January 1, 2025, exceeds
(2) the face amount of such obligations outstanding on the
date of enactment of this Act.
(c) Extension Limited to Necessary Obligations.--An obligation
shall not be taken into account under subsection (b)(1) unless the
issuance of such obligation was necessary to fund a commitment incurred
pursuant to law by the Federal Government that required payment before
January 1, 2025.
Calendar No. 40
118th CONGRESS
1st Session
S. 1395
_______________________________________________________________________
A BILL
To temporarily suspend the debt limit through December 31, 2024.
_______________________________________________________________________
May 2, 2023
Read the second time and placed on the calendar
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118S1396 | Research Advancing to Market Production for Innovators Act | [
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"sponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1396 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1396
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Coons (for himself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
A BILL
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research Advancing to Market
Production for Innovators Act''.
SEC. 2. IMPROVEMENTS TO COMMERCIALIZATION SELECTION.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638) is amended--
(1) in subsection (g)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (16), by striking ``and'' at the
end;
(C) in paragraph (17), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(18) with respect to peer review carried out under the
SBIR program, to the extent practicable, include in the peer
review--
``(A) the likelihood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(2) in subsection (o)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (20), by striking ``and'' at the
end;
(C) in paragraph (21), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(22) with respect to peer review carried out under the
STTR program, to the extent practicable, include in the peer
review--
``(A) the likelhood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(3) in subsection (cc)--
(A) by striking ``During fiscal years 2012 through
2025, the National Institutes of Health, the Department
of Defense, and the Department of Education'' and
inserting the following:
``(1) In general.--During fiscal years 2024 through 2029,
each Federal agency with an SBIR or STTR program''; and
(B) by adding at the end the following:
``(2) Limitation.--The total value of awards provided by a
Federal agency under this subsection in a fiscal year shall
be--
``(A) except as provided in subparagraph (B), not
more than 10 percent of the total funds allocated to
the SBIR and STTR programs of the Federal agency during
that fiscal year; and
``(B) with respect to the National Institutes of
Health, not more than 15 percent of the total funds
allocated to the SBIR and STTR programs of the National
Institutes of Health during that fiscal year.
``(3) Extension.--During fiscal years 2028 and 2029, each
Federal agency with an SBIR or STTR program may continue phase
flexibility as described in this subsection only if the reports
required under subsection (tt)(1) have been submitted to the
appropriate committees.'';
(4) in subsection (hh)(2)(A)(i), by inserting ``application
process and requirements'' after ``simplified and
standardized''; and
(5) by adding at the end the following:
``(yy) Technology Commercialization Official.--Each Federal agency
participating in the SBIR or STTR program shall designate a Technology
Commercialization Official in the Federal agency, who shall--
``(1) have sufficient commercialization experience;
``(2) provide assistance to SBIR and STTR program awardees
in commercializing and transitioning technologies;
``(3) identify SBIR and STTR program technologies with
sufficient technology and commercialization readiness to
advance to Phase III awards or other non-SBIR or STTR program
contracts;
``(4) coordinate with the Technology Commercialization
Officials of other Federal agencies to identify additional
markets and commercialization pathways for promising SBIR and
STTR program technologies;
``(5) submit to the Administration an annual report on the
number of technologies from the SBIR or STTR program that have
advanced commercialization activities, including information
required in the commercialization impact assessment under
subsection (aaa);
``(6) submit to the Administration an annual report on
actions taken by the Federal agency, and the results of those
actions, to simplify, standardize, and expedite the application
process and requirements, procedures, and contracts as required
under subsection (hh) and described in subsection (aaa)(1)(E);
and
``(7) carry out such other duties as the Federal agency
determines necessary.''.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives summarizing the metrics relating to and an evaluation
of the authority provided under section 9(cc) of the Small Business
Act, as amended by subsection (a), which shall include the size and
location of the small business concerns receiving awards under the SBIR
or STTR program.
SEC. 3. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE;
COMMERCIALIZATION IMPACT ASSESSMENT; PATENT ASSISTANCE.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
section 2, is amended--
(1) in subsection (q)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``may enter into an
agreement with 1 or more vendors selected under
paragraph (2)(A)'' and inserting ``shall
authorize recipients of awards under the SBIR
or STTR program to select, if desired,
commercialization activities provided under
subparagraph (A), (B), or (C) of paragraph
(2)''; and
(ii) by inserting ``, cybersecurity
assistance'' after ``intellectual property
protections'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Staff.--A small business concern may, by
contract or otherwise, use funding provided under this
section to hire new staff, augment staff, or direct
staff to conduct or participate in training activities
consistent with the goals listed in paragraph (1).'';
(C) in paragraph (3), by striking subparagraphs (A)
and (B) and inserting the following:
``(A) Phase i.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase I
SBIR or STTR award to utilize not more than $6,500 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).
``(B) Phase ii.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase II
SBIR or STTR award to utilize not more than $50,000 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).'';
and
(D) by adding at the end the following:
``(5) Targeted review.--A Federal agency may perform
targeted reviews of technical and business assistance funding
as described in subsection (mm)(1)(F).''; and
(2) by adding at the end the following:
``(zz) I-Corps Participation.--
``(1) In general.--Each Federal agency that is required to
conduct an SBIR or STTR program with an Innovation Corps
(commonly known as `I-Corps') program shall--
``(A) provide an option for participation in an I-
Corps teams course by recipients of an award under the
SBIR or STTR program; and
``(B) authorize the recipients described in
subparagraph (A) to use an award provided under
subsection (q) to provide additional technical
assistance for participation in the I-Corps teams
course.
``(2) Cost of participation.--The cost of participation by
a recipient described in paragraph (1)(A) in an I-Corps course
may be provided by--
``(A) an I-Corps team grant;
``(B) funds awarded to the recipient under
subsection (q);
``(C) the participating teams or other sources as
appropriate; or
``(D) any combination of sources described in
subparagraphs (A), (B), and (C).
``(aaa) Commercialization Impact Assessment.--
``(1) In general.--The Administrator shall coordinate with
each Federal agency with an SBIR or STTR program to develop an
annual commercialization impact assessment report of the
Federal agency, which shall measure, for the 5-year period
preceding the report--
``(A) for Phase II contracts--
``(i) the total amount of sales of new
products and services to the Federal Government
or other commercial markets;
``(ii) the total outside investment from
partnerships, joint ventures, or other private
sector funding sources;
``(iii) the total number of technologies
licensed to other companies;
``(iv) the total number of acquisitions of
small business concerns participating in the
SBIR program or the STTR program that are
acquired by other entities;
``(v) the total number of new spin-out
companies;
``(vi) the total outside investment from
venture capital or angel investments;
``(vii) the total number of patent
applications;
``(viii) the total number of patents
acquired;
``(ix) the year of first Phase I award and
the total number of employees at time of first
Phase I award;
``(x) the total number of employees from
the preceding completed year; and
``(xi) the percent of revenue, as of the
date of the report, generated through SBIR or
STTR program funding;
``(B) the total number and value of subsequent
Phase II awards, as described in subsection (bb),
awarded for each particular project or technology;
``(C) the total number and value of Phase III
awards awarded subsequent to a Phase II award;
``(D) the total number and value of non-SBIR and
STTR program Federal awards and contracts; and
``(E) actions taken by the Federal agency, and the
results of those actions, relating to developing a
simplified and standardized application process and
requirements, procedures, and model contracts
throughout the Federal agency for Phase I, Phase II,
and Phase III SBIR program awards in subsection (hh).
``(2) Publication.--A commercialization impact assessment
report described in paragraph (1) of a Federal agency shall
be--
``(A) included in the annual report of the Federal
agency required under this section; and
``(B) published on the website of the
Administration.
``(bbb) Patent Assistance.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Under Secretary
of Commerce for Intellectual Property and Director of
the USPTO; and
``(B) the term `USPTO' means the United States
Patent and Trademark Office.
``(2) Assistance.--
``(A) In general.--The Administrator shall enter
into an interagency agreement with the Director under
which the Director shall assist recipients of an award
under the SBIR or STTR program (in this paragraph
referred to as `SBIR and STTR recipients') relating to
intellectual property protection by establishing a
prioritized patent examination program for SBIR and
STTR recipients.
``(B) Program details.--The program established by
the Director under subparagraph (A) shall have the
following characteristics:
``(i) The program shall incorporate all
existing (as of the date on which the Director
establishes the program) benefits under the
procedures for prioritized examination
described in section 11(h) of the Leahy-Smith
America Invents Act (35 U.S.C. 41 note).
``(ii) Under the program, with respect to
prioritized examination, an SBIR or STTR
recipient shall not be required to pay any
prioritized examination fee or processing fee
otherwise required under section 11(h) of the
Leahy-Smith America Invents Act (35 U.S.C. 41
note).
``(iii) Under the program, the Director
shall ensure that, of the total number of
requests for prioritized examination accepted
by the USPTO in a fiscal year, the greater of
the following shall be reserved for prioritized
examinations for SBIR and STTR recipients:
``(I) 5 percent of the total number
of such requests that may be accepted
during that fiscal year.
``(II) 500 requests for prioritized
examination.
``(iv) Under the program, the Director may
not grant more than 2 prioritized examination
requests to any individual recipient.
``(v) Under the program, the Director may
increase the number of requests for prioritized
examination that may be accepted in any fiscal
year (as described in section 1.102(e) of title
37, Code of Federal Regulations, or any
successor regulation) by the number determined
under clause (iii) for that fiscal year.
``(C) Rules.--The Director shall issue rules to
carry out the prioritized patent examination program
established under this paragraph.
``(3) Outreach.--The Administrator shall coordinate with
the Director to provide outreach regarding the Pro Se
Assistance Program of, and scam prevention services provided
by, the USPTO.''.
<all>
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118S1397 | Educational Opportunity and Success Act of 2023 | [
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"sponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
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"cosponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1397
To modify the Federal TRIO programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Ms. Collins (for herself, Mr. Tester, Mrs. Capito, 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 modify the Federal TRIO 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 ``Educational Opportunity and Success
Act of 2023''.
SEC. 2. PROGRAM AUTHORITY AND AUTHORIZATION OF APPROPRIATIONS FOR
FEDERAL TRIO PROGRAMS.
(a) Minimum Grants.--Section 402A(b)(3) of the Higher Education Act
of 1965 (20 U.S.C. 1070a-11(b)(3)) is amended--
(1) by striking ``$200,000'' and inserting ``$220,000'';
and
(2) by striking ``$170,000'' and inserting ``$190,000''.
(b) Procedures for Awarding Grants and Contracts.--Section 402A(c)
of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(c)) is
amended--
(1) in paragraph (2)(A)--
(A) in the subparagraph heading, by striking
``Prior experience'' and inserting ``Prior success'';
(B) in the first sentence, by striking ``prior
experience of high quality service delivery'' and
inserting ``prior success in achieving high quality
service delivery''; and
(C) in the second sentence--
(i) by striking ``prior experience shall
not'' and inserting ``prior success in
achieving high quality service delivery shall
not''; and
(ii) by striking ``shall not be given prior
experience consideration'' and inserting
``shall not be given such consideration'';
(2) in paragraph (3)(A) by striking ``prior experience''
and inserting ``prior success'';
(3) in paragraph (4)(A), in the second sentence, by
inserting ``as well as first-generation college graduates''
after ``readers''; and
(4) by striking paragraph (8) and inserting the following:
``(8) Review and notification by the secretary.--
``(A) Guidance.--Not less than 90 days before the
commencement of each competition for a grant under this
chapter, the Secretary shall issue nonregulatory
guidance regarding the rights and responsibilities of
applicants with respect to the application and
evaluation process for programs and projects assisted
under this chapter, including applicant access to peer
review comments. The guidance shall describe the
procedures for the submission, processing, and scoring
of applications for grants under this chapter,
including the information described in subparagraph
(B).
``(B) Technical components of applications.--
``(i) Establishment and treatment of
nonsubstantive technical components of
applications.--With respect to any competition
for a grant under this chapter, the Secretary
may only establish voluntary page limit and
formatting requirements for grant applications
and may not reject grant applications that do
not meet those voluntary requirements. The
Secretary may suggest page limits and
formatting standards, (including with respect
to font size, font style, font type, line
spacing, paragraph justification, and page
margins), but may not use noncompliance with
these suggested requirements as a basis to
reject or penalize grant applications.
``(ii) Identification and treatment of
technical budget errors in applications.--
``(I) In general.--With respect to
any competition for a grant under this
chapter, the Secretary may not reject
or penalize grant applications on the
basis of a typographical or rounding
error in a proposed budget until the
Secretary has given the applicant an
opportunity for correction in
accordance with subclause (II).
``(II) Notice and opportunity for
correction.--The Secretary shall
provide notice and identification of an
error described in subclause (I) by
email and phone to the applicant before
awarding grants for each competition.
During a period of not fewer than 14
days, the Secretary shall allow the
applicant to submit a revised
application that corrects the
identified error.
``(III) Treatment of revised
applications.--The Secretary shall
treat the revised application in the
same manner as a timely submitted
application.
``(IV) Failure to correct.--If an
applicant has received a notice and
opportunity for correction of a
typographical or rounding error in a
proposed budget in accordance with
subclause (II) and the applicant fails
to correct the error and submit a
revised application before the deadline
described in that subclause, the
Secretary may reject or penalize that
grant application.
``(C) Review.--
``(i) Request for review.--With respect to
any competition for a grant under this chapter,
an applicant may request a review if the
applicant--
``(I) has evidence that a specific
technical, administrative, or scoring
error was made by the Department, an
agent of the Department, or a peer
reviewer, with respect to the scoring
or processing of a submitted
application; and
``(II) has otherwise met all of the
requirements for submission of the
application.
``(ii) Error made by the department.--In
the case of evidence of error by the Department
or an agent of the Department, other than a
peer reviewer, the Secretary shall review any
evidence submitted by the applicant and provide
a timely response to the applicant. All
applicants, regardless of score, shall have
this right of review. If the Secretary
determines that an error was made by the
Department or an agent of the Department, other
than a peer reviewer, the Secretary shall
correct the error and accordingly adjust the
applicant score.
``(iii) Error made by a peer reviewer.--
``(I) In general.--In the case of
evidence of error by a peer reviewer, a
secondary review panel shall
automatically and promptly evaluate the
application for consideration in the
applicable grant competition upon
receipt of a request by any such
applicant. The Department shall allow
this right of review to any applicant
that scored five points or less below
the cut-off score. Examples of errors
warranting secondary review may
include--
``(aa) points withheld for
criteria not required in
statute, regulation, or
guidance governing a program
under this chapter or the
application for a grant for
such program; or
``(bb) information
pertaining to selection
criteria that was incorrectly
determined to be missing from
an application.
``(II) Timely review and
replacement score.--The secondary
review panel described in subclause (I)
shall conduct a secondary review in a
timely fashion, and the score resulting
from the secondary review shall replace
the score from the initial peer review.
``(III) Composition of secondary
review panel.--The secondary review
panel shall be composed of reviewers
each of whom--
``(aa) did not review the
application in the original
peer review;
``(bb) is a member of the
cohort of peer reviewers for
the grant program that is the
subject of such secondary
review; and
``(cc) to the extent
practicable, has conducted peer
reviews in not less than 2
previous competitions for the
grant program that is the
subject of such secondary
review.
``(IV) Final score.--The final peer
review score of an application subject
to a secondary review under this clause
shall promptly be adjusted
appropriately using the score awarded
by the secondary review panel, so as
not to interfere with the timely
awarding of grants for the applicable
grant competition.
``(iv) Finality.--
``(I) In general.--A determination
by the Secretary under clause (ii)
shall not be reviewable by any officer
or employee of the Department other
than the Secretary.
``(II) Scoring.--The score awarded
by a secondary review panel under
clause (iii) shall not be reviewable by
any officer or employee of the
Department other than the Secretary.
``(v) Funding of applications with certain
adjusted scores.--Applications with scores that
are adjusted upward under clause (ii) or (iii)
that equal or exceed the minimum cut-off score
for the applicable grant competition shall be
funded by the Secretary using general or
administrative funds available to the Secretary
other than those funds appropriated or
allocated for the programs authorized by this
chapter.''.
(c) Outreach.--Section 402A(d)(3) of the Higher Education Act of
1965 (20 U.S.C. 1070a-11(d)(3)) is amended by adding at the end the
following: ``The Secretary shall also host at least one virtual,
interactive training using telecommunications technology to ensure that
interested applicants have access to technical assistance.''.
(d) Documentation of Status as a Low-Income Individual.--Section
402A(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(e)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``or'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(E) documentation that the student has been
determined to be eligible for a Federal Pell Grant
under section 401; or
``(F) for grants authorized under section 402B and
402F of this chapter, documentation that a student is
attending a school that had a percentage of enrolled
students who are identified students (as defined in
section 11(a)(1)(F)(i) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)(i))) that meets or exceeds the threshold
described in section 11(a)(1)(F)(viii) of that Act
during the school year prior to the first year of the
period for which such grant is awarded.''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``or'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(E) documentation that the student has been
determined to be eligible for a Federal Pell Grant
under section 401; or
``(F) for grants authorized under section 402B and
402F of this chapter, documentation that a student is
attending a school that had a percentage of enrolled
students who are identified students (as defined in
section 11(a)(1)(F)(i) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)(i))) that meets or exceeds the threshold
described in section 11(a)(1)(F)(viii) of that Act
during the school year prior to the first year of the
period for which such grant is awarded.''.
(e) Outcome Criteria.--Section 402A(f) of the Higher Education Act
of 1965 (20 U.S.C. 1070a-11(g)) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``prior
experience'' and inserting ``prior success'';
(B) by striking ``January 1, 2009'' and inserting
``the date of enactment of the Educational Opportunity
and Success Act of 2023''; and
(C) by striking ``prior experience of'' and
inserting ``prior success in achieving''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (iv), by striking ``that will
make such students eligible for programs such
as the Academic Competitiveness Grants
Program'' and inserting ``that includes at
least 4 years of mathematics, 3 years of
science, and 2 years of a foreign language'';
(ii) by redesignating clauses (v) and (vi)
as clauses (vi) and (vii), respectively; and
(iii) inserting after clause (iv), the
following:
``(v) the completion of financial aid
applications, including the Free Application
for Federal Student Aid described in section
483(a) and college admissions applications'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``except in the case of programs that
are specifically designed for veterans,'' after
``402C'';
(ii) in clause (v), by striking ``that will
make such students eligible for programs such
as the Academic Competitiveness Grants
Program'' and inserting ``that includes at
least 4 years of mathematics, 3 years of
science, and 2 years of a foreign language'';
(iii) by redesignating clauses (vi) and
(vii) as clauses (vii) and (viii),
respectively; and
(iv) inserting after clause (v), the
following:
``(vi) the completion of financial aid
applications, including the Free Application
for Federal Student Aid described in section
483(a) and college admissions applications;'';
(C) by redesignating subparagraphs (C) through (E)
as subparagraphs (D) through (F), respectively;
(D) by inserting after subparagraph (B) the
following:
``(C) For programs authorized under section 402C
that are specifically designed for veterans, the extent
to which the eligible entity met or exceeded the
entity's objectives for such program regarding--
``(i) the delivery of service to a total
number of students who are veterans served by
the program, as agreed upon by the entity and
the Secretary for the period of the program;
``(ii) such students' academic performance
as measured by standardized tests;
``(iii) the retention and completion of
participants in the program;
``(iv) the provision of assistance to
students served by the program in completing
financial aid applications, including the Free
Application for Federal Student Aid described
in section 483(a) and college admission
applications;
``(v) the enrollment of such students in an
institution of higher education; and
``(vi) to the extent practicable, the
postsecondary completion of such students;'';
(E) in subparagraph (D), as redesignated by
subparagraph (C), by striking clause (ii) and inserting
the following:
``(ii)(I) in the case of an entity that is
an institution of higher education offering a
baccalaureate degree, the extent to which the
entity met or exceeded the entity's objectives
regarding the percentage of such students'
completion of a baccalaureate degree at any
baccalaureate granting institution within 6
years of initial enrollment in the project; or
``(II) in the case of an entity that is an
institution of higher education that does not
offer a baccalaureate degree, the extent to
which such students met or exceeded--
``(aa) the entity's objective
regarding the transfer of such students
to institutions of higher education
that offer baccalaureate degrees,
regardless of whether the transferring
student completes a degree or
certificate; and
``(bb) the entity's objective
regarding the completion of a degree or
certificate by such students at the
institution or any accredited
institution within 4 years of initial
enrollment in the project;'';
(F) by amending subparagraph (E), as redesignated
by subparagraph (C), to read as follows:
``(E) For programs authorized under section 402E,
the extent to which the entity met or exceeded--
``(i) the entity's objective regarding the
delivery of service to a total number of
students served by the program, as agreed upon
by the entity and the Secretary for the period;
``(ii) the entity's objective regarding the
provision of appropriate scholarly and research
activities for the students served by the
program;
``(iii) the entity's objective regarding
the acceptance and enrollment of such students
in graduate programs within 2 years of
receiving the baccalaureate degree;
``(iv) the entity's objective regarding the
continued enrollment of such students in
graduate study; and
``(v) the entity's objective regarding the
attainment of doctoral degrees by former
program participants within 10 years of
receiving the baccalaureate degree.''; and
(G) in subparagraph (F), as redesignated by
subparagraph (C)--
(i) in clause (i), by inserting ``within 2
years of participation in the program'' after
``such diploma or equivalent''; and
(ii) in clause (ii), by inserting ``or re-
enrollment'' after ``the enrollment''.
(f) Authorization of Appropriations.--Section 402A(g) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-11(g)) is amended to read as
follows:
``(g) Authorization of Appropriations.--For the purpose of making
grants and contracts under this chapter, there are authorized to be
appropriated $1,191,000,000 for fiscal year 2024 and such sums as may
be necessary for each of the five succeeding fiscal years. Of the
amount appropriated under this chapter, the Secretary may use no more
than 1 percent of such amount to obtain additional qualified readers
and additional staff to review applications, to increase the level of
oversight monitoring, to support impact studies, program assessments,
and reviews, and to provide technical assistance to potential
applicants and current grantees.''.
(g) Definitions.--Section 402A(h) of the Higher Education Act of
1965 (20 U.S.C. 1070a-11(h)) is amended by striking paragraph (4) and
inserting the following:
``(4) Low-income individual.--The term `low-income
individual' means--
``(A) an individual from a family whose adjustable
gross income for the preceding year did not exceed 150
percent of an amount equal to the poverty level
determined by using criteria of poverty established by
the Bureau of the Census;
``(B) an individual from a family whose adjustable
gross income, as reported on the individual's most
recently completed Free Application for Federal Student
Aid, did not exceed 150 percent of an amount equal to
the poverty level determined by using criteria of
poverty established by the Bureau of the Census for
that year;
``(C) an individual who has been determined to be
eligible for a Federal Pell Grant under section 401; or
``(D) for grants authorized under section 402B and
402F of this chapter, a student who is attending a
school that had a percentage of enrolled students who
are identified students (as defined in section
11(a)(1)(F)(i) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(i))) that
meets or exceeds the threshold described in section
11(a)(1)(F)(viii) of that Act during the school year
prior to the first year of the period for which such
grant is awarded.''.
SEC. 3. UPWARD BOUND.
Section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a-
13) is amended--
(1) in subsection (d)--
(A) in paragraph (6), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (7) as paragraph
(8);
(C) by inserting after paragraph (6) the following:
``(7) continued services through the student's first year
of attendance at an institution of higher education, to the
extent the provision of such service was described in the
eligible entity's application for assistance; and''; and
(D) in paragraph (8), as redesignated by
subparagraph (B), by striking ``or paragraphs (1)
through (6)'' and inserting ``or paragraphs (1) through
(7)'';
(2) in subsection (f)--
(A) by striking ``$60'' and inserting ``$90'';
(B) by striking ``$300'' and inserting ``$450'';
(C) by striking ``$40'' and inserting ``$60''; and
(D) by adding at the end the following: ``Adults
participating in a project that is specifically
designed for veterans under this section may be paid
stipends not in excess of $100 per month during the
year.''; and
(3) by striking subsection (g) and redesignating subsection
(h) as subsection (g).
SEC. 4. POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY.
Section 402E of the Higher Education Act of 1965 (20 U.S.C. 1070a-
15) is amended--
(1) in subsection (b)(2), by striking ``summer
internships'' and inserting ``internships or faculty-led
research experiences'';
(2) in subsection (d)(4), by striking ``summer research
internships'' and inserting ``research internships or faculty-
led research experiences'';
(3) in subsection (f)(1), by striking ``$2,800'' and
inserting ``$4,000'';
(4) by redesignating subsection (g) as subsection (h); and
(5) by inserting after subsection (f) the following:
``(g) Determination of Need.--A stipend provided to a student under
subsection (f)(1) shall not be considered in determining that student's
need for grant or work assistance under this title, except that in no
case shall the total amount of student financial assistance awarded to
a student under this title exceed that student's cost of attendance, as
defined in section 472.''.
<all>
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118S1398 | Promoting Free and Fair Elections Act | [
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"Sen. Fischer, ... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1398 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1398
To prohibit agencies of the government from soliciting or entering into
agreements with nongovernmental organizations to conduct voter
registration or voter mobilization activities on the property or
website of the agency or from using Federal funds to carry out
activities directed under Executive Order 14019, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Budd (for himself, Mr. Lee, Mr. Braun, Mr. Hagerty, Mrs. Fischer,
Mr. Marshall, and Mrs. Blackburn) introduced the following bill; which
was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To prohibit agencies of the government from soliciting or entering into
agreements with nongovernmental organizations to conduct voter
registration or voter mobilization activities on the property or
website of the agency or from using Federal funds to carry out
activities directed under Executive Order 14019, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Free and Fair Elections
Act''.
SEC. 2. PROHIBITING PROMOTION OF VOTER REGISTRATION BY AGENCIES.
(a) Agreements With Nongovernmental Organizations.--None of the
funds made available for the salaries and expenses of an agency may be
used to solicit or enter into an agreement with a nongovernmental
organization to conduct voter registration or voter mobilization
activities, including registering voters or providing any person with
voter registration materials, absentee or vote-by-mail ballot
applications, voting instructions, or candidate-related information, on
the property or website of the agency.
(b) Activities Under Executive Order 14019.--
(1) Delay in implementation.--
(A) Delay.--Except as provided in subparagraph (B),
none of the funds made available for the salaries and
expenses of an agency may be used to implement
activities directed under Executive Order 14019 (86
Fed. Reg. 13623) until--
(i) in the case of an agency that is
required to submit a report to the appropriate
congressional committees under paragraph
(2)(A), 180 days after the agency submits the
report; or
(ii) in the case of an agency that is
required to submit a report to the appropriate
congressional committees under paragraph
(2)(B), the date on which the agency submits
the report.
(B) Exception.--Subparagraph (A) shall not apply to
any activity described in section 7(c) of the National
Voter Registration Act of 1993 (52 U.S.C. 20506(c)).
(2) Report.--Not later than 30 days after the date of
enactment of this Act, the head of each agency shall submit to
the appropriate congressional committees--
(A) a copy of the strategic plan of the agency for
promoting voter registration and voter participation
under section 3(b) of Executive Order 14019 (86 Fed.
Reg. 13623) that the agency developed or submitted to
the Assistant to the President for Domestic Policy; or
(B) if the agency did not develop or submit a plan
described in subparagraph (A) to the Assistant to the
President for Domestic Policy, a certification signed
by the head of the agency that the agency did not
develop or submit such a plan.
(c) Effective Date.--Except as provided in subsection (b)(2), this
section shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
SEC. 3. ADDITIONAL REPORT ON VOTER REGISTRATION AND MOBILIZATION.
Not later than 30 days after the date of enactment of this Act, the
head of each agency shall submit to the appropriate congressional
committees a report describing the activities carried out by the agency
pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg.
13623).
SEC. 4. PROHIBITING VOTER REGISTRATION AND MOBILIZATION IN FEDERAL
WORK-STUDY PROGRAMS.
Section 443(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1087-53(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'';
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) does not involve registering or mobilizing
voters on or off the campus of the institution; and''.
SEC. 5. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502(1) of title 44, United States Code, except
that for purposes of section 2(b) of this Act such term does
not include an independent regulatory agency as defined in
section 3502(5) of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Rules and Administration of
the Senate;
(B) the Committee on Judiciary of the Senate;
(C) the Committee on House Administration of the
House of Representatives; and
(D) the Committee on Judiciary of the House of
Representatives.
<all>
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118S1399 | Building American Energy Security Act of 2023 | [
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1399 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1399
To provide for American energy security by improving the permitting
process.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Manchin introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for American energy security by improving the permitting
process.
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 ``Building American
Energy Security 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--ACCELERATING AGENCY REVIEWS
Sec. 101. Definitions.
Sec. 102. Streamlining process for authorizations and reviews of energy
and natural resources projects.
Sec. 103. Prioritizing energy projects of strategic national
importance.
Sec. 104. Empowering the Federal Permitting Improvement Steering
Council and improving reviews.
Sec. 105. Litigation transparency.
TITLE II--MODERNIZING PERMITTING LAWS
Sec. 201. Transmission.
Sec. 202. Definition of natural gas under the Natural Gas Act.
Sec. 203. Authorization of Mountain Valley Pipeline.
Sec. 204. Rights-of-way across Indian land.
Sec. 205. Federal Energy Regulatory Commission staffing.
TITLE I--ACCELERATING AGENCY REVIEWS
SEC. 101. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or Tribal
government.
(2) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(3) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, interagency
consultation, or other administrative decision that is required
or authorized under Federal law (including regulations) to
design, plan, site, construct, reconstruct, or commence
operations of a project, including any authorization described
in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
(4) Cooperating agency.--The term ``cooperating agency''
means any Federal agency (and a State, Tribal, or local agency
if agreed on by the lead agency), other than a lead agency,
that has jurisdiction by law or special expertise with respect
to an environmental impact relating to a project.
(5) Environmental document.--The term ``environmental
document'' includes any of the following, as prepared under
NEPA:
(A) An environmental assessment.
(B) A finding of no significant impact.
(C) An environmental impact statement.
(D) A record of decision.
(6) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a project required to be prepared
under NEPA.
(7) Environmental review process.--The term ``environmental
review process'' means the process for preparing an
environmental impact statement, environmental assessment,
categorical exclusion, or other document required to be
prepared to achieve compliance with NEPA, including pre-
application consultation and scoping processes.
(8) 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. 5130).
(9) Lead agency.--The term ``lead agency'', with respect to
a project, means--
(A) the Federal agency preparing, or assuming
primary responsibility for, the authorization or review
of the project; and
(B) if applicable, any State, local, or Tribal
government entity serving as a joint lead agency for
the project.
(10) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
(including NEPA implementing regulations).
(11) NEPA implementing regulations.--The term ``NEPA
implementing regulations'' means the regulations in subpart A
of chapter V of title 40, Code of Federal Regulations (or
successor regulations).
(12) Participating agency.--The term ``participating
agency'' means an agency participating in an environmental
review or authorization for a project.
(13) Project sponsor.--The term ``project sponsor'' means
an entity, including any private, public, or public-private
entity, seeking an authorization for a project.
SEC. 102. STREAMLINING PROCESS FOR AUTHORIZATIONS AND REVIEWS OF ENERGY
AND NATURAL RESOURCES PROJECTS.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical
exclusion'' means a categorical exclusion within the meaning of
NEPA.
(2) Major project.--The term ``major project'' means a
project--
(A) for which multiple authorizations, reviews, or
studies are required under a Federal law other than
NEPA; and
(B) with respect to which the head of the lead
agency has determined that--
(i) an environmental impact statement is
required; or
(ii) an environmental assessment is
required, and the project sponsor requests that
the project be treated as a major project.
(3) Project.--The term ``project'' means a project--
(A) proposed for the construction of
infrastructure--
(i) to develop, produce, generate, store,
transport, or distribute energy;
(ii) to capture, remove, transport, or
store carbon dioxide; or
(iii) to mine, extract, beneficiate, or
process minerals; and
(B) that, if implemented as proposed by the project
sponsor, would be subject to the requirements that--
(i) an environmental document be prepared;
and
(ii) the applicable agency issue an
authorization of the activity.
(4) Secretary concerned.--The term ``Secretary concerned''
means, as appropriate--
(A) the Secretary of Agriculture, with respect to
the Forest Service;
(B) the Secretary of Energy;
(C) the Secretary of the Interior;
(D) the Federal Energy Regulatory Commission;
(E) the Secretary of the Army, with respect to the
Corps of Engineers; and
(F) the Secretary of Transportation, with respect
to the Maritime Administration and the Pipeline and
Hazardous Materials Safety Administration.
(b) Applicability.--
(1) In general.--The project development procedures under
this section--
(A) shall apply to--
(i) all projects for which an environmental
impact statement is prepared;
(ii) all major projects; and
(iii) to the maximum extent practicable,
projects described in clause (i) or (ii) for
which an authorization is being sought or that
are subject to an environmental review process
initiated prior to the date of enactment of
this Act;
(B) may be applied, as requested by a project
sponsor and to the extent determined appropriate by the
Secretary concerned, to other projects for which an
environmental document is prepared; and
(C) shall not apply to--
(i) any project subject to section 139 of
title 23, United States Code;
(ii) any project that is a water resources
development project of the Corps of Engineers;
or
(iii) any authorization of the Corps of
Engineers if that authorization is for a
project that alters or modifies a water
resources development project of the Corps of
Engineers.
(2) Flexibility.--Any authority provided by this section
may be exercised, and any requirement established under this
section may be satisfied, for a project, class of projects, or
program of projects.
(3) Savings provision.--Nothing in this section--
(A) precludes the use of an authority provided
under any other provision of law, including for a
covered project under title XLI of the FAST Act (42
U.S.C. 4370m et seq.);
(B) supersedes or modifies any applicable
requirement, authority, or agency responsibility
provided under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other provision of
law; or
(C) shall be considered an abbreviated
authorization or environmental review process for
purposes of section 41001(6)(A)(i)(III) of the FAST Act
(42 U.S.C. 4370m(6)(A)(i)(III)).
(c) Lead Agencies.--
(1) Joint lead agencies.--Nothing in this section precludes
an agency from serving as a joint lead agency for a project, in
accordance with NEPA.
(2) Roles and responsibilities.--With respect to the
environmental review process for a project, the lead agency
shall have the authority and responsibility--
(A) to take such actions as are necessary and
appropriate to facilitate the expeditious resolution of
the environmental review process for the project;
(B) to prepare any required environmental impact
statement or other environmental document, or to ensure
that such an environmental impact statement or
environmental document is completed, in accordance with
this section and applicable Federal law;
(C) not later than 45 days after the date of
publication of a notice of intent to prepare an
environmental impact statement, or the initiation of an
environmental assessment, as applicable, for a
project--
(i) to identify any other agencies that may
have financing, environmental review,
authorization, or other responsibilities with
respect to the project;
(ii) to invite the identified agencies to
become participating agencies in the
environmental review process for the project;
and
(iii) to establish, as part of the
invitation, a deadline for the submission of a
response, which may be extended by the lead
agency for good cause;
(D) to consider and respond to comments timely
received from participating agencies relating to
matters within the special expertise or jurisdiction of
those agencies;
(E) to consider, and, as appropriate, rely on,
adopt, or incorporate by reference, baseline data,
analyses, and documentation that have been prepared for
the project under the laws and procedures of a State or
an Indian Tribe if the lead agency determines that--
(i) those laws and procedures are of equal
or greater rigor, as compared to each
applicable Federal law and procedure; and
(ii) the baseline data, analysis, or
documentation, as applicable, was prepared
under circumstances that allowed for--
(I) opportunities for public
participation;
(II) consideration of alternatives
and environmental consequences; and
(III) other required analyses that
are substantially equivalent to the
analyses that would have been prepared
if the baseline data, analysis, or
documentation was prepared by the lead
agency pursuant to NEPA; and
(F)(i) to ensure that the project sponsor complies
with design and mitigation commitments for the project
made jointly by the lead agency and the project
sponsor; and
(ii) to ensure that environmental documents are
appropriately supplemented if changes become necessary
with respect to the project.
(d) Participating Agencies.--
(1) Applicability.--
(A) Inapplicability to covered projects.--The
procedures under this subsection shall not apply to a
covered project (as defined in section 41001 of the
FAST Act (42 U.S.C. 4370m))--
(i) for which a project initiation notice
has been submitted pursuant to section 41003(a)
of that Act (42 U.S.C. 4370m-2(a)); and
(ii) that is carried out in accordance with
the procedures described in that notice.
(B) Designations for categories of projects.--The
Secretary concerned may exercise the authority under
this subsection with respect to--
(i) a project;
(ii) a class of projects; or
(iii) a program of projects.
(2) Federal participating agencies.--Any Federal agency
that is invited by a lead agency to participate in the
environmental review process for a project shall be designated
as a participating agency by the lead agency, unless the
invited agency informs the lead agency, in writing, by the
deadline specified in the invitation, that the invited agency
has no responsibility for or interest in the project.
(3) Federal cooperating agencies.--A Federal agency that
has not been invited by a lead agency to participate in the
environmental review process for a project, but that is
required to make an authorization or carry out an action for a
project, shall--
(A) notify the lead agency of the financing,
environmental review, authorization, or other
responsibilities of the notifying Federal agency with
respect to the project; and
(B) work with the lead agency to ensure that the
agency making the authorization or carrying out the
action is treated as a cooperating agency for the
project.
(4) Responsibilities.--A participating agency participating
in the environmental review process for a project shall--
(A) provide comments, responses, studies, or
methodologies relating to the areas within the special
expertise or jurisdiction of the agency; and
(B) use the environmental review process to address
any environmental issues of concern to the agency.
(5) Effect of designation.--
(A) Requirement.--A participating agency for a
project shall comply with the applicable requirements
of this section.
(B) No implication.--Designation as a participating
agency under this subsection shall not imply that the
participating agency--
(i) has made a determination to support or
deny any project; or
(ii) has any jurisdiction over, or special
expertise with respect to evaluation of, the
applicable project.
(6) Cooperating agency designation.--Any agency designated
as a cooperating agency shall also be designated by the
applicable lead agency as a participating agency under the NEPA
implementing regulations.
(e) Coordination of Required Reviews; Environmental Documents.--
(1) In general.--The lead agency and each participating
agency for a project shall apply the requirements of section
41005 of the FAST Act (42 U.S.C. 4370m-4) to the project,
subject to the condition that any reference contained in that
section to a ``covered project'' shall be considered to be a
reference to the project under this section.
(2) Single environmental document.--
(A) In general.--Except as provided in subparagraph
(C), to the maximum extent practicable and consistent
with Federal law, to achieve compliance with NEPA, all
Federal authorizations and reviews that are necessary
for a project shall rely on a single environmental
document for each type of environmental document
prepared under NEPA under the leadership of the lead
agency.
(B) Use of document.--
(i) In general.--To the maximum extent
practicable, the lead agency shall develop
environmental documents sufficient to satisfy
the NEPA requirements for any authorization or
other Federal action required for the project.
(ii) Cooperation of participating
agencies.--Each participating agency shall
cooperate with the lead agency and provide
timely information to assist the lead agency to
carry out subparagraph (A).
(C) Exceptions.--A lead agency may waive the
application of subparagraph (A) with respect to a
project if--
(i) the project sponsor requests that
agencies issue separate environmental
documents;
(ii) the obligations of a cooperating
agency or participating agency under NEPA have
already been satisfied with respect to the
project; or
(iii) the lead agency determines, and
provides justification in the coordination plan
established under subsection (g)(1), that
multiple environmental documents are more
efficient for the environmental review process
or authorization process for the project.
(D) Page limits.--
(i) In general.--Notwithstanding any other
provision of law and except as provided in
clause (ii), to the maximum extent practicable,
the text of the items described in paragraphs
(4) through (6) of section 1502.10(a) of title
40, Code of Federal Regulations (or successor
regulations), of an environmental impact
statement for a project shall be not more than
150 pages.
(ii) Exceptions.--The text described in
clause (i)--
(I) shall be not more than 300
pages in the case of a proposal of
unusual scope or complexity; and
(II) may exceed 300 pages if the
lead agency establishes a new page
limit for the environmental impact
statement for that project.
(f) Errata for Environmental Impact Statements.--
(1) In general.--In preparing a final environmental impact
statement for a project, if the lead agency modifies the draft
environmental impact statement in response to comments, the
lead agency may write on errata sheets attached to the
environmental impact statement in lieu of rewriting the draft
environmental impact statement, subject to the conditions
described in paragraph (2).
(2) Conditions.--The conditions referred to in paragraph
(1) are as follows:
(A) The comments to which the applicable
modification responds shall be minor.
(B) The modifications shall be confined to--
(i) minor factual corrections; or
(ii) an explanation of the reasons why the
comments do not warrant additional response
from the lead agency.
(C) The errata sheets shall--
(i) cite the sources, authorities, and
reasons that support the position of the lead
agency; and
(ii) if appropriate, indicate the
circumstances that would trigger reappraisal or
further response by the lead agency.
(3) Savings provision.--Nothing in this subsection
precludes a lead agency from responding to comments in a final
environmental impact statement in accordance with procedures
described in section 1503.4(c) of the NEPA implementing
regulations.
(g) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.--Except as provided in subparagraph
(B), not later than 90 days after the date of
publication of a notice of intent to prepare an
environmental impact statement, or the initiation of an
environmental assessment, as applicable, for a project,
the lead agency shall establish a plan for coordinating
public and agency participation in, and comment
regarding, the environmental review process and
authorization decisions for the project or applicable
category of projects (referred to in this paragraph as
the ``coordination plan'').
(B) Other date.--If the project sponsor requests
the establishment of a coordination plan for a project
by a date earlier than the deadline described in
subparagraph (A), the lead agency shall establish the
coordination plan not later than 90 days after the
request is received by the head of the lead agency.
(C) Incorporation into memorandum.--A coordination
plan may be incorporated into a memorandum of
understanding with the project sponsor, lead agency,
and any other appropriate entity to accomplish the
coordination activities described in this subsection.
(D) Schedule.--
(i) In general.--As part of a coordination
plan for a project, the lead agency shall
establish and maintain a schedule for
completion of the environmental review process
and authorization decisions for the project
that--
(I) includes the date of project
initiation or earliest Federal agency
contact for the project, including any
pre-application consultation;
(II) includes any programmatic
environmental document or agreement
that is a prerequisite or predecessor
for the environmental review process
for the project;
(III) includes--
(aa) any Federal
authorization, action required
as part of the environmental
review process, consultation,
or similar process that is
required through project
completion;
(bb) to the maximum extent
practicable, any Indian Tribe,
Alaska Native Corporation,
State, or local agency
authorization, review,
consultation, or similar
process; and
(cc) a schedule for each
authorization under item (aa)
or (bb), including any pre-
application consultations,
applications, interim
milestones, public comment
periods, draft decisions, final
decisions, and final
authorizations necessary to
begin construction; and
(IV) is established--
(aa) after consultation
with, and the concurrence of,
each participating agency for
the project; and
(bb) with the participation
of the project sponsor.
(ii) Major project schedules.--To the
maximum extent practicable and consistent with
applicable Federal law, in the case of a major
project, the lead agency shall develop, with
the concurrence of each participating agency
for the major project and in consultation with
the project sponsor, a schedule for the major
project that is consistent with completing--
(I) the environmental review
process--
(aa) in the case of major
projects for which the lead
agency determines an
environmental impact statement
is required, not later than 2
years after the date of
publication by the lead agency
of a notice of intent to
prepare an environmental impact
statement to the record of
decision; and
(bb) in the case of major
projects for which the lead
agency determines an
environmental assessment is
required, not later than 1 year
after the date on which the
head of the lead agency
determines that an
environmental assessment is
required to a finding of no
significant impact; and
(II) any outstanding authorization
required for project construction not
later than 150 days after the date of
an issuance of a record of decision or
a finding of no significant impact
under subclause (I).
(E) Factors for consideration.--In establishing a
schedule under subparagraph (D), a Federal lead agency
shall consider factors such as--
(i) the responsibilities of participating
agencies or cooperating agencies under
applicable law;
(ii) resources available to the
participating agencies or cooperating agencies;
(iii) the overall size and complexity of
the project;
(iv) the overall time required by an agency
to conduct the environmental review process and
make decisions under applicable Federal law
relating to a project (including the issuance
or denial of a permit or license);
(v) the cost of the project;
(vi) the sensitivity of the natural and
historic resources that could be affected by
the project; and
(vii) timelines and deadlines established
in this section and other applicable law.
(F) Modifications.--
(i) In general.--Except as provided in
clause (iii), the lead agency may lengthen--
(I) a schedule established for a
project under subparagraph (D) for good
cause, in accordance with clause (ii);
or
(II) shorten a schedule established
for a project under subparagraph (D) if
the lead agency has--
(aa) good cause; and
(bb) the concurrence of the
project sponsor and any
participating agencies.
(ii) Good cause.--Good cause to lengthen a
schedule under clause (i)(I) may include--
(I) Federal law prohibiting the
lead agency or another agency from
issuing an approval or permit within
the period required under subparagraph
(D);
(II) a request from the project
sponsor that the permit or approval
follow a different timeline; or
(III) a determination by the lead
agency, with the concurrence of the
project sponsor, that an extension
would facilitate completion of the
environmental review process and
authorization process of the project.
(iii) Exceptions.--
(I) Shortening of time period.--A
lead agency may not shorten a schedule
under clause (i)(II) if shortening the
schedule would impair the ability of a
participating agency--
(aa) to conduct any
necessary analysis; or
(bb) to otherwise carry out
any relevant obligation of the
participating agency for the
project.
(II) Major projects.--In the case
of a major project, the lead agency may
lengthen a schedule for a project under
subparagraph (D) for a Federal
participating agency by not more than 1
year after the latest deadline
established for the major project by
the lead agency.
(III) Coordination plans prior to
notice of intent.--In the case of a
schedule established for a project
under subparagraph (D) prior to the
publication of a notice of intent, the
lead agency may adjust the schedule,
with the concurrence of participating
agencies and the participation of the
project sponsor, until the date of
publication of the notice of intent.
(G) Failure to meet schedule or deadline.--If a
participating Federal agency fails to meet a schedule
or deadline established under subparagraph (D), not
later than 30 days after the missed schedule or
deadline, the participating Federal agency shall--
(i) notify--
(I) the Director of the Office of
Management and Budget;
(II) the Executive Director of the
Federal Permitting Improvement Steering
Council;
(III) the Secretary concerned;
(IV) the Committee on Energy and
Natural Resources of the Senate;
(V) the Committee on Environment
and Public Works of the Senate;
(VI) the Committee on Natural
Resources of the House of
Representatives; and
(VII) the Committee on Energy and
Commerce of the House of
Representatives; and
(ii) include in the notifications under
clause (i)--
(I) a description of the cause for
the failure; and
(II) a new schedule or deadline
agreed on by the project sponsor, the
lead agency, and cooperating agencies.
(H) Dissemination.--A copy of a schedule for a
project under subparagraph (D), and any modifications
to such a schedule, shall be--
(i) provided to--
(I) all participating agencies; and
(II) the project sponsor; and
(ii) in the case of a schedule for a major
project under that subparagraph, made available
to the public pursuant to subsection (l).
(I) No delay in decision making.--No agency shall
seek to encourage a sponsor of a project to withdraw or
resubmit an application to delay decision making within
the timelines under this subsection.
(2) Comment deadlines.--The lead agency shall establish the
following deadlines for comment during the environmental review
process for a project:
(A) For comments by agencies and the public on a
draft environmental impact statement, a period of not
more than 60 days after publication in the Federal
Register of a notice of the date of public availability
of the draft, unless--
(i) a different deadline is established by
agreement of the lead agency, the project
sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead
agency for good cause, together with a
documented and publicly available explanation
of the need for an extended comment period.
(B) For all other comment periods established by
the lead agency for agency or public comment for a
Federal authorization or in the environmental review
process, a period of not more than 45 days beginning on
the first date of availability of the materials
regarding which comment is requested, unless a
different deadline of not more than 60 days is
established by agreement of the lead agency and all
participating agencies, in consultation with the
project sponsor.
(3) Public involvement.--Nothing in this section--
(A) reduces any time period provided for--
(i) public comment in the environmental
review process; or
(ii) an authorization for a project under
applicable Federal law;
(B) creates a requirement for an additional public
comment opportunity in addition to any public comment
opportunity required for a project under applicable
Federal law; or
(C) creates a new requirement for public comment on
a project for which an environmental assessment is
being prepared.
(4) Categorical exclusions.--Nothing in this subsection
affects or creates new requirements for a project or activity
that is eligible for a categorical exclusion.
(5) Deadline enforcement.--
(A) Definition of applicable deadline.--In this
paragraph, the term ``applicable deadline'' means a
deadline--
(i) for the environmental review process
for a major project required under paragraph
(1)(D)(ii)(I);
(ii) for a decision on an authorization for
a major project required under paragraph
(1)(D)(ii)(II); or
(iii) described in clause (i) or (ii) that
has been modified under paragraph (1)(F).
(B) Petition to court.--A project sponsor may
obtain a review of an alleged failure by a Federal
agency, or a State agency acting pursuant to Federal
law, to act in accordance with an applicable deadline
under this section by filing a written petition with a
court of competent jurisdiction seeking an order under
subparagraph (C).
(C) Court order.--If a court of competent
jurisdiction finds that a Federal agency, or a State
agency acting pursuant to Federal law, has failed to
act in accordance with an applicable deadline, the
court shall set a schedule and deadline for the agency
to act as soon as practicable, which shall not exceed
90 days from the date on which the order of the court
is issued, unless the court determines a longer time
period is necessary to comply with applicable law.
(D) Jurisdiction.--The United States Court of
Appeals for the District of Columbia shall have
original jurisdiction over any civil action brought
pursuant to subparagraph (B), in addition to any court
of competent jurisdiction under any other Federal law.
(E) Expedited consideration.--A court of competent
jurisdiction shall set for expedited consideration any
action brought under this subsection.
(h) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each participating
agency shall work cooperatively in accordance with this section
to facilitate the timely completion of the environmental review
and authorization process by identifying and resolving issues
that could--
(A) delay final decision making for any
authorization for a project;
(B) delay completion of the environmental review
process for a project; or
(C) result in the denial of any authorization
required for the project under applicable law.
(2) Accelerated issue resolution and referral.--
(A) In general.--A participating agency, project
sponsor, or the Governor of a State in which a project
is located may request an issue resolution meeting to
resolve issues relating to a project that could--
(i) delay final decision making for any
authorization for a project;
(ii) significantly delay completion of the
environmental review process for a project; or
(iii) result in the denial of any
authorization required for the project under
applicable law.
(B) Initial meeting.--Not later than 30 days after
the date of receipt of a request under subparagraph
(A), the lead agency shall convene an issue resolution
meeting, which shall include--
(i) the relevant participating agencies;
(ii) the project sponsor; and
(iii) the Governor of a State in which the
project is located, if the Governor requested
the issue resolution meeting under that
subparagraph.
(C) Elevation.--If issue resolution is not achieved
by 30 days after the date of the initial meeting under
subparagraph (B), the issue shall be elevated to the
head of the lead agency, who shall--
(i) notify--
(I) the heads of the relevant
participating agencies;
(II) the project sponsor; and
(III) the Governor of a State in
which the project is located, if the
Governor requested the issue resolution
meeting under subparagraph (A); and
(ii) convene a leadership issue resolution
meeting not later than 90 days after the date
of the initial meeting under subparagraph (B)
with--
(I) the heads of the relevant
participating agencies, including any
relevant Secretaries;
(II) the project sponsor; and
(III) the Governor of a State in
which the project is located, if the
Governor requested the issue resolution
meeting under subparagraph (A).
(D) Convention by lead agency.--A lead agency may
convene an issue resolution meeting at any time to
resolve issues relating to an authorization or
environmental review process for a project, without the
request of a participating agency, project sponsor, or
the Governor of a State in which the project is
located.
(E) Referral of issue resolution for major projects
to council on environmental quality.--
(i) In general.--If issue resolution for a
major project is not achieved by 30 days after
the date on which a leadership issue resolution
meeting is convened under subparagraph (C), the
head of the lead agency shall refer the matter
to the Council on Environmental Quality.
(ii) Meeting.--Not later than 30 days after
the date of receipt of a referral from the head
of the lead agency under clause (i), the
Council on Environmental Quality shall convene
an issue resolution meeting with--
(I) the head of the lead agency;
(II) the heads of relevant
participating agencies;
(III) the project sponsor; and
(IV) the Governor of a State in
which the major project is located, if
the Governor requested the issue
resolution meeting under subparagraph
(A).
(F) Consistency with other law.--An agency shall
implement the requirements of this paragraph--
(i) unless doing so would prevent the
compliance of the agency with existing law; and
(ii) consistent with, to the maximum extent
permitted by law, any dispute resolution
process established in an applicable law,
regulation, or legally binding agreement.
(G) Effect of paragraph.--Nothing in this paragraph
limits the application of section 41003 of the FAST Act
(42 U.S.C. 4370m-2) to a covered project (as defined in
section 41001 of that Act (42 U.S.C. 4370m)) that is a
project subject to the requirements of this section,
including with respect to dispute resolution procedures
regarding a permitting timetable.
(i) Enhanced Technical Assistance From Lead Agency.--
(1) Definition of covered project.--In this subsection, the
term ``covered project'' means a project--
(A) that has a pending environmental review or
authorization under NEPA; and
(B) for which the lead agency determines a delay to
the schedule established under subsection (g) is
likely.
(2) Technical assistance.--At the request of a project
sponsor, participating agency, or the Governor of a State in
which a covered project is located, the head of the lead agency
may provide technical assistance to resolve any outstanding
issues that are resulting in project delay for the covered
project, including by--
(A) providing additional staff, training, and
expertise;
(B) facilitating interagency coordination;
(C) promoting more efficient collaboration; and
(D) supplying specialized onsite assistance.
(3) Scope of work.--In providing technical assistance for a
covered project under this subsection, the head of the lead
agency shall establish a scope of work that describes the
actions that the head of the lead agency will take to resolve
the outstanding issues and project delays.
(4) Consultation.--In providing technical assistance for a
covered project under this subsection, the head of the lead
agency shall consult, if appropriate, with participating
agencies on all methods available to resolve any outstanding
issues and project delays for a covered project as
expeditiously as practicable.
(j) Judicial Review.--Except as provided in subsection (k), nothing
in this section affects the reviewability of any final Federal agency
action in a court of--
(1) the United States; or
(2) any State.
(k) Efficiency of Claims.--
(1) Statute of limitations.--Notwithstanding any other
provision of law, a claim arising under Federal law seeking
judicial review of an authorization issued or denied by a
Federal agency for a project shall be barred unless the claim
is filed by 150 days after the later of the date on which the
authorization is final in accordance with the law under which
the agency action is taken and the date of publication of a
notice that the environmental document is final in accordance
with NEPA, unless a shorter time is specified in the Federal
law pursuant to which judicial review is allowed.
(2) Expedited review.--A court of competent jurisdiction
shall set for expedited consideration any claim arising under
Federal law seeking judicial review of an authorization issued
or denied by a Federal agency, or a State agency acting
pursuant to Federal law, for a project.
(3) Remanded actions.--
(A) In general.--If a court of competent
jurisdiction remands a final Federal agency action for
a project to the Federal agency, the court shall set a
reasonable schedule and deadline for the agency to act
on remand, which shall not exceed 180 days from the
date on which the order of the court was issued, unless
a longer time period is necessary to comply with
applicable law.
(B) Expedited treatment of remanded actions.--The
head of the Federal agency to which a court remands a
final Federal agency action under subparagraph (A)
shall take such actions as may be necessary to provide
for the expeditious disposition of the action on remand
in accordance with the schedule and deadline set by the
court under that subparagraph.
(4) Random assignment of cases.--To the maximum extent
practicable, district courts of the United States and courts of
appeals of the United States shall randomly assign cases
seeking judicial review of any authorization issued by a
Federal agency for a project to judges appointed, designated,
or assigned to sit as judges of the court in a manner to avoid
the appearance of favoritism or bias.
(5) Effect of subsection.--Nothing in this subsection--
(A) establishes a right to judicial review; or
(B) places any limit on filing a claim that a
person has violated the terms of an authorization.
(6) Treatment of supplemental or revised environmental
documents.--With respect to a project--
(A) the preparation of a supplemental or revised
environmental document for the project, when required,
shall be considered to be a separate final agency
action for purposes of the deadline under subparagraph
(B); and
(B) the deadline for filing a claim for judicial
review of that action shall be the date that is 150
days after the date of publication of a notice in the
Federal Register announcing the final agency action,
unless a shorter time is specified in the Federal law
pursuant to which judicial review is authorized.
(l) Improving Transparency in Project Status.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary concerned shall--
(A) use the searchable internet website maintained
under section 41003(b) of the FAST Act (42 U.S.C.
4370m-2(b)) to make publicly available--
(i) the status, schedule, and progress of
each major project, including a project for
which an authorization is being sought or that
is subject to an environmental review process
initiated prior to the date of enactment of
this Act, with respect to compliance with the
applicable requirements of NEPA, any
authorization, and any other Indian Tribe,
State, or local agency authorization required
for the major project; and
(ii) a list of the participating agencies
for each major project; and
(B) establish such reporting standards as are
necessary to meet the requirements of subparagraph (A),
which shall include requirements--
(i) to track major projects from initiation
through the date that final authorizations
required to begin construction are issued or
the major project is withdrawn; and
(ii) to update the status, schedule, and
progress of major projects to reflect any
changes to the project status or schedule,
including changes resulting from litigation
(including any injunctions, vacatur of
authorizations, and timelines for any
additional authorization or environmental
review process that is required as a result of
litigation).
(2) Federal, state, and local agency participation.--
(A) Federal agencies.--A Federal agency
participating in the environmental review process or
authorization process for a major project shall provide
to the Secretary concerned information relating to the
status and progress of the authorization of the major
project for publication on the internet website
referred to in paragraph (1)(A), consistent with the
standards established under paragraph (1)(B).
(B) State and local agencies.--The Secretary
concerned shall encourage State and local agencies
participating in the environmental review process or
authorization process for a major project to provide
information relating to the status and progress of the
authorization of the major project for publication on
the internet website referred to in paragraph (1)(A).
(m) Accountability and Reporting for Major Projects.--Each
Secretary concerned shall--
(1) not later than 1 year after the date of enactment of
this Act, establish a performance accountability system for the
agency represented by the Secretary concerned; and
(2) on establishment of the performance accountability
system under paragraph (1), and not less frequently than
annually thereafter, publish a report describing performance
accountability for each major project authorization and review
conducted during the preceding year by the agency represented
by the Secretary concerned, including--
(A) for each major project for which that agency
serves as a lead agency or a participating agency, the
extent to which the agency is achieving compliance with
each schedule established under this section for an
authorization, environmental review process, or
consultation;
(B) for each major project for which that agency
serves as a lead agency, information regarding the
average time required to complete each applicable
authorization and the environmental review process; and
(C) for each major project for which that agency
serves as a participating agency with jurisdiction over
an authorization, information regarding the average
time required to complete the authorization process.
(n) Programmatic Compliance.--
(1) In general.--The Secretary concerned shall allow for
the use of programmatic approaches to conduct environmental
reviews that--
(A) eliminate repetitive discussions of the same
issue;
(B) focus on the issues ripe for analysis at each
level of review; and
(C) are consistent with--
(i) NEPA; and
(ii) other applicable laws.
(2) Requirements.--In carrying out this subsection, each
lead agency shall ensure that programmatic approaches to
conduct environmental review processes--
(A) promote transparency, including the
transparency of--
(i) the analyses and data used in the
environmental review process;
(ii) the treatment of any deferred issues
raised by agencies or the public; and
(iii) the temporal and spatial scales to be
used to analyze issues under clauses (i) and
(ii);
(B) use accurate and timely information, including
through the establishment of--
(i) criteria for determining the general
duration of the usefulness of the environmental
review process; and
(ii) a timeline for updating any out-of-
date environmental review process;
(C) describe--
(i) the relationship between any
programmatic analysis and future tiered
analysis; and
(ii) the role of the public in the creation
of future tiered analyses;
(D) are available to other relevant Federal and
State agencies, Indian Tribes, Alaska Native
Corporations, and the public; and
(E) provide notice and public comment opportunities
consistent with applicable requirements.
(o) Development of Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than once every
4 years thereafter, each Secretary concerned, in consultation
with the Chair of the Council on Environmental Quality, shall--
(A) in consultation with the other agencies
described in paragraph (2), as applicable, identify
each categorical exclusion available to such an agency
that would accelerate delivery of a project if the
categorical exclusion was available to the Secretary
concerned; and
(B) collect existing documentation and
substantiating information relating to each categorical
exclusion identified under subparagraph (A).
(2) Description of agencies.--The agencies referred to in
paragraph (1) are--
(A) the Department of Agriculture;
(B) the Department of the Army;
(C) the Department of Commerce;
(D) the Department of Defense;
(E) the Department of Energy;
(F) the Department of the Interior;
(G) the Federal Energy Regulatory Commission; and
(H) any other Federal agency that has participated
in an environmental review process for a project, as
determined by the Chair of the Council on Environmental
Quality.
(3) Adoption of categorical exclusions.--Not later than 1
year after the date on which categorical exclusions are
identified under paragraph (1)(A), each Secretary concerned
shall--
(A) determine whether any such categorical
exclusion meets the applicable criteria for a
categorical exclusion under--
(i) the NEPA implementing regulations; and
(ii) any relevant regulations of the agency
represented by the Secretary concerned; and
(B) publish a notice of proposed rulemaking to
propose the adoption of any identified categorical
exclusion that--
(i) is applicable to the agency represented
by the Secretary concerned; and
(ii) meets the applicable criteria
described in subparagraph (A).
(p) Additions to Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and not later than 5 years thereafter,
each Secretary concerned shall--
(A) conduct a survey regarding the use by the
agency represented by the Secretary concerned of
categorical exclusions for projects during the 5-year
period preceding the date of the survey;
(B) publish a review of the survey under
subparagraph (A) that includes a description of--
(i) the types of actions eligible for each
categorical exclusion covered by the survey;
and
(ii) any requests previously received by
the Secretary concerned for new categorical
exclusions; and
(C) solicit requests for new categorical
exclusions.
(2) New categorical exclusions.--Not later than 120 days
after the date of a solicitation of requests under paragraph
(1)(C), the Secretary concerned shall publish a notice of
proposed rulemaking to propose the adoption of any such new
categorical exclusions, to the extent that the categorical
exclusions meet the applicable criteria for a categorical
exclusions under--
(A) the NEPA implementing regulations; and
(B) any relevant regulations of the agency
represented by the Secretary concerned.
SEC. 103. PRIORITIZING ENERGY PROJECTS OF STRATEGIC NATIONAL
IMPORTANCE.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a)).
(2) Designated project.--The term ``designated project''
means an energy project of strategic national importance
designated for priority Federal review under subsection (b).
(b) Designation of Projects.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the President, in consultation with the
Secretary of Energy, the Secretary of the Interior, the
Administrator of the Environmental Protection Agency, the
Federal Energy Regulatory Commission, and the heads of any
other relevant Federal departments or agencies, as determined
by the President, shall--
(A) designate 25 energy projects of strategic
national importance for priority Federal review, in
accordance with this section; and
(B) publish a list of those designated projects in
the Federal Register.
(2) Updates.--Not later than 180 days after the date on
which the President publishes the list under paragraph (1)(B),
and every 180 days thereafter during the 10-year period
beginning on that date, the President shall publish an updated
list, which shall--
(A) include not less than 25 designated projects;
and
(B) include each previously designated project
until--
(i) a final decision has been issued for
each authorization for the designated project;
or
(ii) the project sponsor withdraws its
request for authorization.
(3) Project types; first 7 years.--During the 7-year period
beginning on the date on which the President publishes the list
under paragraph (1)(B), of the list of designated projects
maintained on an ongoing basis pursuant to this subsection, not
fewer than--
(A) 5 shall be projects for the mining, extraction,
beneficiation, or processing of critical minerals--
(i) of which not fewer than 3 shall include
new mining or extraction of critical minerals;
and
(ii) for which critical mineral production
may occur as a byproduct;
(B) 7 shall be projects--
(i) to generate electricity or store energy
without the use of fossil fuels; or
(ii) to manufacture clean energy equipment;
(C) 6 shall be projects to produce, process,
transport, or store fossil fuel products, or biofuels,
including projects to export or import those products
from nations described in subsection (c)(3)(A)(vi);
(D) 3 shall be electric transmission projects or
projects using grid-enhancing technology;
(E) 2 shall be projects to capture, transport, or
store carbon dioxide, which may include the utilization
of captured or displaced carbon dioxide emissions; and
(F) 2 shall be a project to produce, transport, or
store clean hydrogen, including projects to export or
import those products from nations described in
subsection (c)(3)(A)(vi).
(4) Project types; phase-down.--During the 3-year period
beginning 7 years after the date on which the President
publishes the list under paragraph (1)(B), of the list of
designated projects maintained on an ongoing basis pursuant to
this subsection, not fewer than--
(A) 2 shall be projects for the mining, extraction,
beneficiation, or processing of critical minerals;
(B) 3 shall be projects described in paragraph
(3)(B);
(C) 3 shall be projects described in paragraph
(3)(C);
(D) 1 shall be a project described in paragraph
(3)(D);
(E) 1 shall be a project described in paragraph
(3)(E); and
(F) 1 shall be a project described in paragraph
(3)(F).
(5) List of projects meeting each category threshold;
insufficient applications.--
(A) In general.--Subject to subparagraph (B),
during the 10-year period beginning on the date on
which the President publishes the list under paragraph
(1)(B), the President shall maintain a list of
designated projects that meet the minimum threshold for
the applicable category of projects under each
subparagraph of paragraph (3) or (4), as applicable.
(B) Insufficient applications.--If the number of
applications submitted that meet the requirements for a
designated project for a category of projects under a
subparagraph of paragraph (3) or (4), as applicable, is
not sufficient to meet the minimum threshold under that
subparagraph, the President shall designate the maximum
number of applications submitted that meet the
requirements for a designated project for the
applicable category until a sufficient number of
applications meeting the requirements for a designated
project for such category has been submitted.
(c) Selection and Priority Requirements.--
(1) In general.--The President shall carry out subsection
(b) based on a review of applications for authorizations or
other reviews submitted to the Corps of Engineers, the
Department of Defense, the Department of Energy, the Department
of the Interior, the Environmental Protection Agency, the
Forest Service, the Federal Energy Regulatory Commission, the
Nuclear Regulatory Commission, the Maritime Administration, the
Pipeline and Hazardous Materials Safety Administration, and the
Federal Permitting Improvement Steering Council.
(2) Requirement.--The President shall designate under
subsection (b) only projects that the President determines are
likely--
(A) to require an environmental assessment or
environmental impact statement under NEPA;
(B) to require review by more than 2 Federal or
State agencies;
(C) to have a total project cost of more than
$250,000,000; and
(D) to have sufficient financial support from the
project sponsor to ensure project completion.
(3) Priority.--
(A) In general.--In considering projects to
designate under subsection (b), the President shall
give priority to projects the completion of which will
significantly advance 1 or more of the following
objectives:
(i) Reducing energy prices in the United
States.
(ii) Reducing greenhouse gas emissions.
(iii) Improving electric reliability in
North America.
(iv) Advancing emerging energy
technologies.
(v) Improving the domestic supply chains
for, and manufacturing of, energy products,
energy equipment, and critical minerals.
(vi) Increasing energy trade between the
United States and--
(I) nations that are signatories to
free trade agreements with the United
States that cover the trade of energy
products;
(II) members of the North Atlantic
Treaty Organization;
(III) members of the Organization
for Economic Cooperation and
Development;
(IV) nations with a transmission
system operator that is included in the
European Network of Transmission System
Operators for Electricity, including as
an observer member; or
(V) any other country designated as
an ally or partner nation by the
President for purposes of this section.
(vii) Reducing the reliance of the United
States on the supply chains of foreign entities
of concern (as defined in section 40207(a) of
the Infrastructure Investment and Jobs Act (42
U.S.C. 18741(a))).
(viii) To the extent practicable,
minimizing development impacts through the use
of existing--
(I) rights-of-way;
(II) facilities; or
(III) other infrastructure.
(ix) Creating jobs--
(I) with wages at rates not less
than those prevailing on similar
projects in the locality, as determined
by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of
title 40, United States Code (commonly
referred to as the ``Davis-Bacon
Act''); and
(II) with consideration of the
magnitude and timing of the direct and
indirect employment impacts of carrying
out the project.
(B) Other priority.--In considering projects to
designate for the category of projects described in
subsection (b)(3)(C), in addition to the priorities
specified in subparagraph (A), the President shall give
priority to projects the completion of which will
significantly reduce greenhouse gas emissions.
(d) Reviews of Designated Projects.--
(1) In general.--The President shall, in consultation with
the applicable department and agency heads, the Director of the
Office of Management and Budget, the Chair of the Council on
Environmental Quality, and the Federal Permitting Improvement
Steering Council, direct Federal agencies through executive
order to prioritize the completion of the environmental review
process and decisions on authorizations for designated
projects.
(2) Timelines.--To the maximum extent practicable and
consistent with applicable Federal law, the President shall
complete--
(A) the environmental review process--
(i) in the case of a designated project for
which the lead agency determines an
environmental impact statement is required, not
later than 2 years after the date of
publication by the lead agency of a notice of
intent to prepare an environmental impact
statement to the record of decision; and
(ii) in the case of a designated project
for which the lead agency determines an
environmental assessment is required, not later
than 1 year after the date on which the head of
the lead agency determines that an
environmental assessment is required to a
finding of no significant impact; and
(B) decisions on any outstanding authorization
required for project construction within 180 days of
the issuance of a record of decision or finding of no
significant impact under subparagraph (A).
(3) Streamlining review process.--A designated project
shall be considered a major project (as defined in section
102(a)) subject to the requirements of that section.
(e) NEPA.--
(1) In general.--Nothing in this section supersedes or
modifies any applicable requirement, authority, or agency
responsibility provided under NEPA.
(2) Designation of projects.--The act of designating a
project under subsections (b) and (c) shall not be subject to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(f) Report.--Not later than 180 days after the date of enactment of
this Act, and every 90 days thereafter, the President shall submit to
the Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the Senate and the Committee on Energy
and Commerce and the Committee on Natural Resources of the House of
Representatives a report describing--
(1) each designated project and the basis for designating
that project pursuant to subsection (c);
(2) for each designated project, all outstanding
authorizations, environmental reviews, consultations, public
comment periods, or other Federal, State, or local reviews
required for project completion; and
(3) for each authorization, environmental review,
consultation, public comment period, or other review under
paragraph (2)--
(A) an estimated completion date; and
(B) an explanation of--
(i) any delays meeting the timelines
established in this section or in applicable
Federal, State, or local law; and
(ii) any changes to the date described in
subparagraph (A) from a report previously
submitted under this subsection.
(g) Funding.--
(1) In general.--Out of amounts appropriated under section
70007 of Public Law 117-169 to the Environmental Review
Improvement Fund established under section 41009(d)(1) of the
FAST Act (42 U.S.C. 4370m-8(d)(1)), $250,000,000 shall be used
to provide funding to agencies to support more efficient,
accurate, and timely reviews of designated projects in
accordance with paragraph (2).
(2) Use of funds.--The Federal Permitting Improvement
Steering Council shall prescribe the use of funds provided to
agencies under paragraph (1), which may include--
(A) the hiring and training of personnel;
(B) the development of programmatic documents;
(C) the procurement of technical or scientific
services for environmental reviews;
(D) the development of data or information systems;
(E) stakeholder and community engagement;
(F) the purchase of new equipment for analysis; and
(G) the development of geographic information
systems and other analytical tools, techniques, and
guidance to improve agency transparency,
accountability, and public engagement.
(3) Limitation.--Of the amounts made available under
paragraph (1) for a fiscal year, not more than $1,500,000 shall
be allocated to support the review of a single designated
project.
(4) Supplement not supplant.--Funds appropriated under this
subsection shall be used in addition to existing funding
mechanisms, including agency user fees and application fees.
SEC. 104. EMPOWERING THE FEDERAL PERMITTING IMPROVEMENT STEERING
COUNCIL AND IMPROVING REVIEWS.
(a) Definition of Covered Project.--Section 41001(6)(A) of the FAST
Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in the matter preceding clause (i), by inserting
``critical mineral mining, production, beneficiation, or
processing,'' before ``electricity transmission''; and
(2) in clause (i), by striking subclause (II) and inserting
the following:
``(II) is likely to require a total
investment of--
``(aa) more than $200,000,000; or
``(bb) in the case of a project for
the construction, production,
transportation, storage, or generation
of energy, more than $50,000,000;
and''.
(b) Transparency.--Section 41003(b)(2)(A)(iii) of the FAST Act (42
U.S.C. 4370m-2(b)(2)(A)(iii)) is amended by adding at the end the
following:
``(III) Outer continental shelf
lands act.--The Secretary of the
Interior shall create and maintain a
specific entry on the Dashboard for the
preparation and revision of the oil and
gas leasing program required under
section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344).
``(IV) Additional energy
projects.--The Secretary of the
Interior or the Secretary of Energy, as
applicable, shall create and maintain a
specific entry on the Dashboard for any
project that is a designated project
(as defined in section 103(a) of the
Building American Energy Security Act
of 2023) for which a notice of
initiation under subsection (a)(1)(A)
has not been submitted, unless the
project is already included on the
Dashboard as a covered project.''.
SEC. 105. LITIGATION TRANSPARENCY.
(a) Definitions.--In this section:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action--
(A) seeking to compel agency action affecting a
project, as defined under section 102 of this Act; and
(B) brought under--
(i) chapter 7 of title 5, United States
Code; or
(ii) any other statute authorizing such an
action.
(2) Covered consent decree.--The term ``covered consent
decree'' means a consent decree entered into in a covered civil
action.
(3) Covered consent decree or settlement agreement.--The
term ``covered consent decree or settlement agreement'' means a
covered consent decree and a covered settlement agreement.
(4) Covered settlement agreement.--The term ``covered
settlement agreement'' means a settlement agreement entered
into in a covered civil action.
(b) Transparency.--
(1) Pleadings and preliminary matters.--
(A) In general.--In any covered civil action, the
agency against which the covered civil action is
brought shall publish the notice of intent to sue and
the complaint in a readily accessible manner, including
by making the notice of intent to sue and the complaint
available online not later than 15 days after receiving
service of the notice of intent to sue or complaint,
respectively.
(B) Entry of a covered consent decree or settlement
agreement.--A party may not make a motion for entry of
a covered consent decree or to dismiss a civil action
pursuant to a covered settlement agreement until after
the requirements of subparagraph (A) have been met.
(2) Publication of covered consent decrees or settlement
agreements; public comment.--Not later than 30 days before the
date on which a covered consent decree or settlement agreement
is filed with a court, the agency seeking to enter the covered
consent decree or settlement agreement shall--
(A) publish online the proposed covered consent
decree or settlement agreement; and
(B) provide a reasonable opportunity by notice in
the Federal Register to persons who are not named as
parties or interveners to the covered civil action to
comment in writing.
(c) Consideration of Public Comment.--An agency seeking to enter a
covered consent decree or settlement agreement shall promptly consider
any written comments received under subsection (b)(2)(B) and may
withdraw or withhold consent to the proposed consent decree or
settlement agreement if the comments disclose facts or considerations
that indicate that the consent is inappropriate, improper, inadequate,
or inconsistent with any provision of law.
TITLE II--MODERNIZING PERMITTING LAWS
SEC. 201. TRANSMISSION.
(a) Construction Permit.--Section 216 of the Federal Power Act (16
U.S.C. 824p) is amended by striking subsection (b) and inserting the
following:
``(b) Construction Permit.--Except as provided in subsections
(d)(1) and (i), the Commission may, after notice and an opportunity for
hearing, issue 1 or more permits for the construction or modification
of electric transmission facilities necessary in the national interest
if the Commission finds that--
``(1)(A) a State in which the transmission facilities are
to be constructed or modified does not have authority to--
``(i) approve the siting of the facilities; or
``(ii) consider the interstate benefits or
interregional benefits expected to be achieved by the
proposed construction or modification of transmission
facilities in the State;
``(B) the applicant for a permit is a transmitting utility
under this Act but does not qualify to apply for a permit or
siting approval for the proposed project in a State because the
applicant does not serve end-use customers in the State; or
``(C) a State commission or other entity that has authority
to approve the siting of the facilities--
``(i) has not made a determination on an
application seeking approval pursuant to applicable law
by the date that is 1 year after the date on which the
application was filed with the State commission or
other entity;
``(ii) has conditioned its approval in such a
manner that the proposed construction or modification
will not significantly reduce transmission capacity
constraints or congestion in interstate commerce or is
not economically feasible; or
``(iii) has denied an application seeking approval
pursuant to applicable law;
``(2) the proposed facilities will be used for the
transmission of electric energy in interstate (including
transmission from the outer Continental Shelf to a State) or
foreign commerce;
``(3) the proposed construction or modification is
consistent with the public interest;
``(4) the proposed construction or modification will--
``(A) significantly reduce transmission congestion
in interstate commerce; and
``(B) protect or benefit consumers;
``(5) the proposed construction or modification--
``(A) is consistent with sound national energy
policy; and
``(B) will enhance energy independence; and
``(6) the proposed modification will maximize, to the
extent reasonable and economical, the transmission capabilities
of existing towers or structures.''.
(b) State Siting and Consultation.--Section 216 of the Federal
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and
inserting the following:
``(d) State Siting and Consultation.--
``(1) Preservation of state siting authority.--The
Commission shall have no authority to issue a permit under
subsection (b) for the construction or modification of an
electric transmission facility within a State except as
provided in paragraph (1) of that subsection.
``(2) Consultation.--In any proceeding before the
Commission under subsection (b), the Commission shall afford
each State in which a transmission facility covered by the
permit is or will be located, each affected Federal agency and
Indian Tribe, private property owners, and other interested
persons a reasonable opportunity to present their views and
recommendations with respect to the need for and impact of a
facility covered by the permit.''.
(c) Rights-of-Way.--Section 216(e) of the Federal Power Act (16
U.S.C. 824p(e)) is amended--
(1) in paragraph (1), by striking ``or a State''; and
(2) by adding at the end the following:
``(5) Compensation for property taken under this subsection
shall be determined and awarded by the district court of the
United States in accordance with section 3114(c) of title 40,
United States Code.''.
(d) Cost Allocation.--
(1) In general.--Section 216 of the Federal Power Act (16
U.S.C. 824p) is amended by striking subsection (f) and
inserting the following:
``(f) Cost Allocation.--
``(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls, or
operates electric transmission facilities that the Commission
finds to be consistent with the findings under paragraphs (2)
through (5) and, if applicable, (6) of subsection (b) shall
file a tariff with the Commission in accordance with section
205 and the regulations of the Commission allocating the costs
of the new or modified transmission facilities.
``(2) Cost allocation principles.--The Commission shall
require that tariffs filed under this subsection fairly reflect
and allocate the costs of providing service to each class of
customers, including improved reliability, reduced congestion,
reduced power losses, greater carrying capacity, reduced
operating reserve requirements, and improved access to
generation, in accordance with cost allocation principles of
the Commission.
``(3) Cost causation principle.--The cost of electric
transmission facilities described in paragraph (1) shall be
allocated to customers within the transmission planning region
or regions that benefit from the facilities in a manner that is
at least roughly commensurate with the estimated benefits
described in paragraph (2).''.
(2) Savings clause.--If the Federal Energy Regulatory
Commission finds that the considerations under paragraphs (2)
through (5) and, if applicable, (6) of subsection (b) of
section 216 of the Federal Power Act (16 U.S.C. 824p) (as
amended by subsection (a)) are met, nothing in this section or
the amendments made by this section shall be construed to
exclude transmission facilities located on the outer
Continental Shelf from being eligible for cost allocation
established under subsection (f)(1) of that section (as amended
by paragraph (1)).
(e) Coordination of Federal Authorizations for Transmission
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C.
824p(h)) is amended--
(1) in paragraph (2), by striking the period at the end and
inserting the following: ``, except that--
``(A) the Commission shall act as the lead agency
in the case of facilities permitted under subsection
(b); and
``(B) the Department of the Interior shall act as
the lead agency in the case of facilities located on a
lease, easement, or right-of-way granted by the
Secretary of the Interior under section 8(p)(1)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)).'';
(2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B),
(6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking
``Secretary'' each place it appears and inserting ``lead
agency'';
(3) in paragraph (4)(A), by striking ``As head of the lead
agency, the Secretary'' and inserting ``The lead agency'';
(4) in paragraph (5)(A), by striking ``As lead agency head,
the Secretary'' and inserting ``The lead agency''; and
(5) in paragraph (7)--
(A) in subparagraph (A), by striking ``18 months
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the Building American Energy Security Act of 2023'';
and
(B) in subparagraph (B)(i), by striking ``1 year
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the Building American Energy Security Act of 2023''.
(f) Interstate Compacts.--Section 216(i)(4) of the Federal Power
Act (16 U.S.C. 824p(i)(4)) is amended by striking ``in disagreement''
in the matter preceding subparagraph (A) and all that follows through
the period at the end of subparagraph (B) and inserting ``unable to
reach an agreement on an application seeking approval by the date that
is 1 year after the date on which the application for the facility was
filed.''.
(g) Transmission Infrastructure Investment.--Section 219(b)(4) of
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) all prudently incurred costs associated with
payments to jurisdictions impacted by electric
transmission facilities developed pursuant to section
216.''.
(h) Conforming Amendment.--Section 50151(b) of Public Law 117-169
(42 U.S.C. 18715(b)) is amended by striking ``facilities designated by
the Secretary to be necessary in the national interest'' and inserting
``facilities in national interest electric transmission corridors
designated by the Secretary''.
SEC. 202. DEFINITION OF NATURAL GAS UNDER THE NATURAL GAS ACT.
(a) In General.--Section 2 of the Natural Gas Act (15 U.S.C. 717a)
is amended by striking paragraph (5) and inserting the following:
``(5) `Natural gas' means--
``(A) natural gas unmixed;
``(B) any mixture of natural and artificial gas; or
``(C) hydrogen mixed or unmixed with natural
gas.''.
(b) Conforming Amendments.--Section 7(c)(1)(A) of the Natural Gas
Act (15 U.S.C. 717f(c)(1)(A)) is amended, in the first sentence, in the
proviso--
(1) by inserting ``or, in the case of any person engaged in
the transportation of natural gas described in section 2(5)(C),
on the date of enactment of the Building American Energy
Security Act of 2023,'' before ``over the route''; and
(2) by striking ``within ninety days after the effective
date of this amendatory Act'' and inserting ``within 90 days
after the effective date of this amendatory Act, or, in the
case of any person engaged in the transportation of natural gas
described in section 2(5)(C), within 90 days after the date of
enactment of the Building American Energy Security Act of
2023''.
(c) Savings Clause.--Nothing in this section or an amendment made
by this section authorizes the Federal Energy Regulatory Commission--
(1) to order a natural-gas company under section 7(a) of
the Natural Gas Act (15 U.S.C. 717f(a)) to extend or modify the
transportation facilities of the natural-gas company used for
natural gas described in subparagraph (A) or (B) of section
2(5) of that Act (15 U.S.C. 717a(5)) to transport natural gas
described in subparagraph (C) of that section; or
(2) to attach to a certificate of public convenience and
necessity issued under section 7(e) of the Natural Gas Act (15
U.S.C. 717f(e)) any requirement that transportation facilities
used for natural gas described in subparagraph (A) or (B) of
section 2(5) of that Act (15 U.S.C. 717a(5)) be capable of
transporting natural gas described in subparagraph (C) of that
section.
SEC. 203. AUTHORIZATION OF MOUNTAIN VALLEY PIPELINE.
(a) Finding.--Congress finds that the timely completion of the
construction of the Mountain Valley Pipeline--
(1) is necessary--
(A) to ensure an adequate and reliable supply of
natural gas to consumers at reasonable prices;
(B) to facilitate an orderly transition of the
energy industry to cleaner fuels; and
(C) to reduce carbon emissions; and
(2) is in the national interest.
(b) Purpose.--The purpose of this section is to require the
appropriate Federal officers and agencies to take all necessary actions
to permit the timely completion of the construction and operation of
the Mountain Valley Pipeline without further administrative or judicial
delay or impediment.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Mountain valley pipeline.--The term ``Mountain Valley
Pipeline'' means the Mountain Valley Pipeline Project, as
generally described and approved in Federal Energy Regulatory
Commission Docket Nos. CP16-10 and CP19-477.
(3) Secretary concerned.--The term ``Secretary concerned''
means, as applicable--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior; or
(C) the Secretary of the Army.
(d) Authorization of Necessary Approvals.--
(1) Biological opinion and incidental take statement.--
Notwithstanding any other provision of law, not later than 30
days after the date of enactment of this Act, the Secretary of
the Interior shall issue a biological opinion and incidental
take statement for the Mountain Valley Pipeline, substantially
in the form of the biological opinion and incidental take
statement for the Mountain Valley Pipeline issued by the United
States Fish and Wildlife Service on September 4, 2020.
(2) Additional authorizations.--Notwithstanding any other
provision of law, not later than 30 days after the date of
enactment of this Act--
(A) the Secretary of the Interior shall issue all
rights-of-way, permits, leases, and other
authorizations that are necessary for the construction,
operation, and maintenance of the Mountain Valley
Pipeline, substantially in the form approved in the
record of decision of the Bureau of Land Management
entitled ``Mountain Valley Pipeline and Equitrans
Expansion Project Decision to Grant Right-of-Way and
Temporary Use Permit'' and dated January 14, 2021;
(B) the Secretary of Agriculture shall amend the
Land and Resource Management Plan for the Jefferson
National Forest as necessary to permit the
construction, operation, and maintenance of the
Mountain Valley Pipeline within the Jefferson National
Forest, substantially in the form approved in the
record of decision of the Forest Service entitled
``Record of Decision for the Mountain Valley Pipeline
and Equitrans Expansion Project'' and dated January
2021;
(C) the Secretary of the Army shall issue all
permits and verifications necessary to permit the
construction, operation, and maintenance of the
Mountain Valley Pipeline across waters of the United
States; and
(D) the Commission shall--
(i) approve any amendments to the
certificate of public convenience and necessity
issued by the Commission on October 13, 2017
(161 FERC 61,043); and
(ii) grant any extensions necessary to
permit the construction, operation, and
maintenance of the Mountain Valley Pipeline.
(e) Authority To Modify Prior Decisions or Approvals.--In meeting
the applicable requirements of subsection (d), a Secretary concerned
may modify the applicable prior biological opinion, incidental take
statement, right-of-way, amendment, permit, verification, or other
authorization described in that subsection if the Secretary concerned
determines that the modification is necessary--
(1) to correct a deficiency in the record; or
(2) to protect the public interest or the environment.
(f) Relationship to Other Laws.--
(1) Determination to issue or grant.--The requirements of
subsection (d) shall supersede the provisions of any law
(including regulations) relating to an administrative
determination as to whether the biological opinion, incidental
take statement, right-of-way, amendment, permit, verification,
or other authorization shall be issued for the Mountain Valley
Pipeline.
(2) Savings provision.--Nothing in this section limits the
authority of a Secretary concerned or the Commission to
administer a right-of-way or enforce any permit or other
authorization issued under subsection (d) in accordance with
applicable laws (including regulations).
(g) Judicial Review.--
(1) In general.--The actions of the Secretaries concerned
and the Commission pursuant to subsection (d) that are
necessary for the construction and initial operation at full
capacity of the Mountain Valley Pipeline shall not be subject
to judicial review.
(2) Other actions.--The United States Court of Appeals for
the District of Columbia Circuit shall have original and
exclusive jurisdiction over--
(A) any claim alleging--
(i) the invalidity of this section; or
(ii) that an action is beyond the scope of
authority conferred by this section; and
(B) any claim relating to any action taken by a
Secretary concerned or the Commission relating to the
Mountain Valley Pipeline other than an action described
in paragraph (1).
SEC. 204. 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 by adding at the end the
following: ``Any 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, on the condition that 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 the Indian tribe has
approved regulations under paragraph (1) of that subsection.''.
SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION STAFFING.
(a) Consultation Deadline.--Section 401(k)(6) of the Department of
Energy Organization Act (42 U.S.C. 7171(k)(6)) is amended--
(1) by striking ``The Chairman'' and inserting the
following:
``(A) In general.--The Chairman''; and
(2) by adding at the end the following:
``(B) Deadline.--The requirement under subparagraph
(A) shall be considered met if the Director of the
Office of Personnel Management has not taken final
action on a plan for applying authorities under this
subsection within 120 days of submission of the plan by
the Chairman to the Director of the Office of Personnel
Management.''.
(b) Elimination of Reporting Sunset.--Section 11004(b)(1) of the
Energy Act of 2020 (42 U.S.C. 7171 note; Public Law 116-260) is amended
by striking ``thereafter for 10 years,'' and inserting ``thereafter,''.
<all>
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118S14 | Age 21 Act | [
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
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[
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[
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],
[
"C... | <p><b>Age 21 Act</b></p> <p>This bill raises the minimum age to purchase a large capacity ammunition feeding device or semiautomatic assault weapon from 18 to 21 years of age.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 14 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 14
To amend title 18, United States Code, to prohibit the purchase of
certain firearms by individuals under 21 years of age, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mrs. Feinstein (for herself, Mr. Blumenthal, Mr. Booker, Mr. Cardin,
Mr. Casey, Mr. Coons, Ms. Duckworth, Mr. Durbin, Mrs. Gillibrand, Ms.
Hirono, Ms. Klobuchar, Mr. Menendez, Mr. Merkley, Mr. Murphy, Mr.
Padilla, Mr. Reed, Mr. Sanders, Mr. Schatz, Ms. Stabenow, Mr. Van
Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the purchase of
certain firearms by individuals under 21 years of age, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Age 21 Act''.
SEC. 2. PROHIBITION ON PURCHASE OF CERTAIN FIREARMS BY INDIVIDUALS
UNDER 21 YEARS OF AGE.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended--
(1) by inserting after paragraph (30) the following:
``(31) The term `semiautomatic pistol' means any repeating pistol
that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; and
``(B) requires a separate pull of the trigger to fire each
cartridge.''; and
(2) by adding at the end the following:
``(38) The term `semiautomatic shotgun' means any repeating shotgun
that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; and
``(B) requires a separate pull of the trigger to fire each
cartridge.
``(39) The term `semiautomatic assault weapon' means any of the
following, regardless of country of manufacture or caliber of
ammunition accepted:
``(A) A semiautomatic rifle that has the capacity to accept
a detachable ammunition feeding device and any one of the
following:
``(i) A pistol grip.
``(ii) A forward grip.
``(iii) A folding, telescoping, or detachable
stock, or is otherwise foldable or adjustable in a
manner that operates to reduce the length, size, or any
other dimension, or otherwise enhances the
concealability, of the weapon.
``(iv) A grenade launcher.
``(v) A barrel shroud.
``(vi) A threaded barrel.
``(B) A semiautomatic rifle that has a fixed ammunition
feeding device with the capacity to accept more than 10 rounds,
except for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition.
``(C) Any part, combination of parts, component, device,
attachment, or accessory that is designed or functions to
accelerate the rate of fire of a semiautomatic rifle but not
convert the semiautomatic rifle into a machinegun.
``(D) A semiautomatic pistol that has the capacity to
accept a detachable ammunition feeding device and any one of
the following:
``(i) A threaded barrel.
``(ii) A second pistol grip.
``(iii) A barrel shroud.
``(iv) The capacity to accept a detachable
ammunition feeding device at some location outside of
the pistol grip.
``(v) A semiautomatic version of an automatic
firearm.
``(vi) A manufactured weight of 50 ounces or more
when unloaded.
``(vii) A stabilizing brace or similar component.
``(E) A semiautomatic pistol with a fixed ammunition
feeding device that has the capacity to accept more than 10
rounds.
``(F) A semiautomatic shotgun that has any one of the
following:
``(i) A folding, telescoping, or detachable stock.
``(ii) A pistol grip.
``(iii) A fixed ammunition feeding device with the
capacity to accept more than 5 rounds.
``(iv) The ability to accept a detachable
ammunition feeding device.
``(v) A forward grip.
``(vi) A grenade launcher.
``(G) Any shotgun with a revolving cylinder.
``(H) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) All AK types, including the following:
``(I) AK, AK47, AK47S, AK-74, AKM, AKS,
ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms
LAR-47, SA85, SA93, Vector Arms AK-47, VEPR,
WASR-10, and WUM.
``(II) IZHMASH Saiga AK.
``(III) MAADI AK47 and ARM.
``(IV) Norinco 56S, 56S2, 84S, and 86S.
``(V) Poly Technologies AK47 and AKS.
``(ii) All AR types, including the following:
``(I) AR-10.
``(II) AR-15.
``(III) Alexander Arms Overmatch Plus 16.
``(IV) Armalite M15 22LR Carbine.
``(V) Armalite M15-T.
``(VI) Barrett REC7.
``(VII) Beretta AR-70.
``(VIII) Black Rain Ordnance Recon Scout.
``(IX) Bushmaster ACR.
``(X) Bushmaster Carbon 15.
``(XI) Bushmaster MOE series.
``(XII) Bushmaster XM15.
``(XIII) Chiappa Firearms MFour rifles.
``(XIV) Colt Match Target rifles.
``(XV) CORE Rifle Systems CORE15 rifles.
``(XVI) Daniel Defense M4A1 rifles.
``(XVII) Devil Dog Arms 15 Series rifles.
``(XVIII) Diamondback DB15 rifles.
``(XIX) DoubleStar AR rifles.
``(XX) DPMS Tactical rifles.
``(XXI) DSA Inc. ZM-4 Carbine.
``(XXII) Heckler & Koch MR556.
``(XXIII) High Standard HSA-15 rifles.
``(XXIV) Jesse James Nomad AR-15 rifle.
``(XXV) Knight's Armament SR-15.
``(XXVI) Lancer L15 rifles.
``(XXVII) MGI Hydra Series rifles.
``(XXVIII) Mossberg MMR Tactical rifles.
``(XXIX) Noreen Firearms BN 36 rifle.
``(XXX) Olympic Arms.
``(XXXI) POF USA P415.
``(XXXII) Precision Firearms AR rifles.
``(XXXIII) Remington R-15 rifles.
``(XXXIV) Rhino Arms AR rifles.
``(XXXV) Rock River Arms LAR-15.
``(XXXVI) Sig Sauer SIG516 rifles and MCX
rifles.
``(XXXVII) SKS with a detachable ammunition
feeding device.
``(XXXVIII) Smith & Wesson M&P15 rifles.
``(XXXIX) Stag Arms AR rifles.
``(XL) Sturm, Ruger & Co. SR556 and AR-556
rifles.
``(XLI) Uselton Arms Air-Lite M-4 rifles.
``(XLII) Windham Weaponry AR rifles.
``(XLIII) WMD Guns Big Beast.
``(XLIV) Yankee Hill Machine Company, Inc.
YHM-15 rifles.
``(iii) Barrett M107A1.
``(iv) Barrett M82A1.
``(v) Beretta CX4 Storm.
``(vi) Calico Liberty Series.
``(vii) CETME Sporter.
``(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
AR 110C.
``(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
``(x) Feather Industries AT-9.
``(xi) Galil Model AR and Model ARM.
``(xii) Hi-Point Carbine.
``(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
``(xiv) IWI TAVOR, Galil ACE rifle.
``(xv) Kel-Tec Sub-2000, SU-16, and RFB.
``(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
Sauer SG 551, and SIG MCX.
``(xvii) Springfield Armory SAR-48.
``(xviii) Steyr AUG.
``(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
M-14/20CF.
``(xx) All Thompson rifles, including the
following:
``(I) Thompson M1SB.
``(II) Thompson T1100D.
``(III) Thompson T150D.
``(IV) Thompson T1B.
``(V) Thompson T1B100D.
``(VI) Thompson T1B50D.
``(VII) Thompson T1BSB.
``(VIII) Thompson T1-C.
``(IX) Thompson T1D.
``(X) Thompson T1SB.
``(XI) Thompson T5.
``(XII) Thompson T5100D.
``(XIII) Thompson TM1.
``(XIV) Thompson TM1C.
``(xxi) UMAREX UZI rifle.
``(xxii) UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine.
``(xxiii) Valmet M62S, M71S, and M78.
``(xxiv) Vector Arms UZI Type.
``(xxv) Weaver Arms Nighthawk.
``(xxvi) Wilkinson Arms Linda Carbine.
``(I) All of the following pistols, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) All AK-47 types, including the following:
``(I) Centurion 39 AK pistol.
``(II) CZ Scorpion pistol.
``(III) Draco AK-47 pistol.
``(IV) HCR AK-47 pistol.
``(V) IO Inc. Hellpup AK-47 pistol.
``(VI) Krinkov pistol.
``(VII) Mini Draco AK-47 pistol.
``(VIII) PAP M92 pistol.
``(IX) Yugo Krebs Krink pistol.
``(ii) All AR-15 types, including the following:
``(I) American Spirit AR-15 pistol.
``(II) Bushmaster Carbon 15 pistol.
``(III) Chiappa Firearms M4 Pistol GEN II.
``(IV) CORE Rifle Systems CORE15 Roscoe
pistol.
``(V) Daniel Defense MK18 pistol.
``(VI) DoubleStar Corporation AR pistol.
``(VII) DPMS AR-15 pistol.
``(VIII) Jesse James Nomad AR-15 pistol.
``(IX) Olympic Arms AR-15 pistol.
``(X) Osprey Armament MK-18 pistol.
``(XI) POF USA AR pistols.
``(XII) Rock River Arms LAR 15 pistol.
``(XIII) Uselton Arms Air-Lite M-4 pistol.
``(iii) Calico Liberty pistols.
``(iv) DSA SA58 PKP FAL pistol.
``(v) Encom MP-9 and MP-45.
``(vi) Heckler & Koch model SP-89 pistol.
``(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
TEC-DC9.
``(viii) IWI Galil Ace pistol, UZI PRO pistol.
``(ix) Kel-Tec PLR 16 pistol.
``(x) The following MAC types:
``(I) MAC-10.
``(II) MAC-11.
``(III) Masterpiece Arms MPA A930 Mini
Pistol, MPA460 Pistol, MPA Tactical Pistol, and
MPA Mini Tactical Pistol.
``(IV) Military Armament Corp. Ingram M-11.
``(V) Velocity Arms VMAC.
``(xi) Sig Sauer P556 pistol.
``(xii) Sites Spectre.
``(xiii) All Thompson types, including the
following:
``(I) Thompson TA510D.
``(II) Thompson TA5.
``(xiv) All UZI types, including Micro-UZI.
``(J) All of the following shotguns, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) DERYA Anakon MC-1980, Anakon SD12.
``(ii) Doruk Lethal shotguns.
``(iii) Franchi LAW-12 and SPAS 12.
``(iv) All IZHMASH Saiga 12 types, including the
following:
``(I) IZHMASH Saiga 12.
``(II) IZHMASH Saiga 12S.
``(III) IZHMASH Saiga 12S EXP-01.
``(IV) IZHMASH Saiga 12K.
``(V) IZHMASH Saiga 12K-030.
``(VI) IZHMASH Saiga 12K-040 Taktika.
``(v) Streetsweeper.
``(vi) Striker 12.
``(K) All belt-fed semiautomatic firearms, including TNW
M2HB and FN M2495.
``(L) Any combination of parts from which a firearm
described in subparagraphs (A) through (K) can be assembled.
``(M) The frame or receiver of a rifle or shotgun described
in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).
``(40) The term `large capacity ammunition feeding device'--
``(A) means an magazine, belt, drum, feed strip, or similar
device, including any such device joined or coupled with
another in any manner, that has an overall capacity of, or that
can be readily restored, changed, or converted to accept, more
than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(41) The term `barrel shroud'--
``(A) means a shroud that is attached to, or partially or
completely encircles, the barrel of a firearm so that the
shroud protects the user of the firearm from heat generated by
the barrel; and
``(B) does not include--
``(i) a slide that partially or completely encloses
the barrel; or
``(ii) an extension of the stock along the bottom
of the barrel which does not encircle or substantially
encircle the barrel.
``(42) The term `detachable ammunition feeding device' means an
ammunition feeding device that can be removed from a firearm without
disassembly of the firearm action.
``(43) The term `fixed ammunition feeding device' means an
ammunition feeding device that is permanently fixed to the firearm in
such a manner that it cannot be removed without disassembly of the
firearm.
``(44) The term `folding, telescoping, or detachable stock' means a
stock that folds, telescopes, detaches or otherwise operates to reduce
the length, size, or any other dimension, or otherwise enhances the
concealability, of a firearm.
``(45) The term `forward grip' means a grip located forward of the
trigger that functions as a pistol grip.
``(46) The term `grenade launcher' means an attachment for use on a
firearm that is designed to propel a grenade or other similar
destructive device.
``(47) The term `pistol grip' means a grip, a thumbhole stock or
Thordsen-type grip or stock, or any other characteristic that can
function as a grip.
``(48) The term `threaded barrel' means a feature or characteristic
that is designed in such a manner to allow for the attachment of a
device such as a firearm silencer or a flash suppressor.
``(49) The term `belt-fed semiautomatic firearm' means any
repeating firearm that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round;
``(B) requires a separate pull of the trigger to fire each
cartridge; and
``(C) has the capacity to accept a belt ammunition feeding
device.''.
(b) Prohibition.--Chapter 44 of title 18, United States Code, is
amended--
(1) in section 922--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``(A)'' after
``(1)''; and
(II) by inserting ``or'' after the
semicolon; and
(ii) by adding at the end the following:
``(B) any large capacity ammunition feeding device to any
individual who the licensee knows or has reasonable cause to
believe is less than 21 years of age;'';
(B) in subsection (c)(1), by inserting ``a large
capacity ammunition feeding device or'' before ``any
firearm other than''; and
(C) in subsection (x)--
(i) in paragraph (1), by striking ``a
juvenile--'' and all that follows through
``handgun.'' and inserting the following:
``less than 21 years of age--
``(A) a handgun;
``(B) a semiautomatic assault weapon;
``(C) a large capacity ammunition feeding device; or
``(D) ammunition that is suitable for use only in a handgun
or semiautomatic assault weapon.'';
(ii) in paragraph (2), by striking ``a
juvenile'' and all that follows through
``handgun.'' and inserting the following:
``less than 21 years of age to knowingly
possess--
``(A) a handgun;
``(B) a semiautomatic assault weapon;
``(C) a large capacity ammunition feeding device; or
``(D) ammunition that is suitable for use only in a handgun
or semiautomatic assault weapon.'';
(iii) by striking paragraphs (3), (4), and
(5) and inserting the following:
``(3) This subsection does not apply to--
``(A) a temporary transfer of a covered firearm or covered
ammunition to a person who is less than 21 years of age or to
the possession or use of a covered firearm or covered
ammunition by a person who is less than 21 years of age if--
``(i) the covered firearm or covered ammunition is
possessed and used by the person in the course of
employment, in the course of ranching or farming
related to activities at the residence of the person
(or on property used for ranching or farming at which
the person, with the permission of the property owner
or lessee, is performing activities related to the
operation of the farm or ranch), target practice,
hunting, or a course of instruction in the safe and
lawful use of a covered firearm;
``(ii) the covered firearm or covered ammunition is
possessed and used by the person with the prior written
consent of the person's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
``(I) during transportation by the person
of an unloaded covered firearm in a locked
container directly from the place of transfer
to a place at which an activity described in
clause (i) is to take place and transportation
by the person of that covered firearm, unloaded
and in a locked container, directly from the
place at which such an activity took place to
the transferor; or
``(II) with respect to ranching or farming
activities as described in clause (i), a person
who is less than 21 years of age may possess
and use a covered firearm or covered ammunition
with the prior written approval of the person's
parent or legal guardian and at the direction
of an adult who is not prohibited by Federal,
State or local law from possessing a firearm;
``(iii) the person has the prior written consent in
the person's possession at all times when a covered
firearm or covered ammunition is in the possession of
the person; and
``(iv) the covered firearm or covered ammunition is
possessed and used by the person in accordance with
State and local law;
``(B) a person who is less than 21 years of age who is a
member of the Armed Forces of the United States or the National
Guard who possesses or is armed with a covered firearm or
covered ammunition in the line of duty;
``(C) a transfer by inheritance of title (but not
possession) of a covered firearm or covered ammunition to a
person who is less than 21 years of age; or
``(D) the possession of a covered firearm or covered
ammunition by a person who is less than 21 years of age taken
in defense of the person or other individuals against an
intruder into the residence of the person or a residence in
which the person is an invited guest.
``(4) A covered firearm or covered ammunition, the possession of
which is transferred to a person who is less than 21 years of age in
circumstances in which the transferor is not in violation of this
subsection shall not be subject to permanent confiscation by the
Government if its possession by the person who is less than 21 years of
age subsequently becomes unlawful because of the conduct of the person
who is less than 21 years of age, but shall be returned to the lawful
owner when such covered firearm or covered ammunition is no longer
required by the Government for the purposes of investigation or
prosecution.
``(5) For purposes of this subsection--
``(A) the term `covered ammunition' means ammunition that
is suitable for use only in a handgun or a semiautomatic
assault weapon; and
``(B) the term `covered firearm' means--
``(i) a handgun;
``(ii) a semiautomatic assault weapon; or
``(iii) a large capacity ammunition feeding
device.''; and
(iv) in paragraph (6)--
(I) in subparagraph (A), by
striking ``a juvenile defendant's
parent or legal guardian'' and
inserting ``the parent or legal
guardian of a defendant who is less
than 21 years of age''; and
(II) in subparagraph (C), by
striking ``a juvenile defendant'' and
inserting ``a defendant who is less
than 21 years of age''; and
(2) in section 924(a)(6)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``juvenile''
each place the term appears and inserting
``person who is less than 21 years of age'';
and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``juvenile''
and inserting ``person who is less than
21 years of age'';
(II) in subclause (I)--
(aa) by striking
``juvenile'' and inserting
``person who is less than 21
years of age''; and
(bb) by striking ``handgun
or ammunition'' and inserting
``covered firearm or covered
ammunition''; and
(III) in subclause (II), by
striking ``juvenile has'' and inserting
``person who is less than 21 years of
age has''; and
(B) in subparagraph (B)--
(i) by striking ``juvenile'' each place the
term appears and inserting ``person who is less
than 21 years of age''; and
(ii) by striking ``handgun or ammunition''
each place the term appears and inserting
``covered firearm or covered ammunition''.
<all>
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118S140 | Combating Organized Retail Crime Act of 2023 | [
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
],
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"cosponsor"
]
] | <p><b>Combating Organized Retail Crime Act of 2023</b></p> <p>This bill expands federal enforcement of criminal offenses related to organized retail crime. Organized retail crime typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters, or boosters, who make money by stealing merchandise and reselling it for a fraction of the retail cost.</p> <p>First, with respect to criminal offenses involving the transportation of stolen property across state lines and the sale or receipt of stolen goods, the bill broadens the scope of conduct that qualifies as offenses. Additionally, the bill makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. </p> <p>Second, with respect to criminal offenses involving theft from an interstate or foreign shipment, the bill makes an offense an underlying offense for prosecution under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. </p> <p>Finally, the bill establishes a center—the Organized Retail Crime Coordination Center—within the Department of Homeland Security to coordinate the federal law enforcement activities related to organized retail crime.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 140 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 140
To combat organized crime involving the illegal acquisition of retail
goods for the purpose of selling those illegally obtained goods through
physical and online retail marketplaces.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Grassley (for himself and Ms. Cortez Masto) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To combat organized crime involving the illegal acquisition of retail
goods for the purpose of selling those illegally obtained goods through
physical and online retail marketplaces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Organized Retail Crime Act
of 2023''.
SEC. 2. FINDINGS.
It is the sense of Congress that--
(1) organized retail crime, a crime involving groups of
individuals specifically targeting retail stores, often by
using violence or threats of violence to subdue employees and
shoppers while robbing stores of their most valuable and easily
diverted merchandise, has been a growing concern to retailers,
industry, and law enforcement;
(2) retailers have seen a dramatic increase in occurrences
of organized retail crime, costing retailers approximately
$720,000 per every $1,000,000,000 in sales in 2019,
representing more than a 50-percent increase in such losses
since 2015. Further, according to the National Retail
Federation, the use of violence or aggression is increasing in
the commission of these crimes, with \2/3\ of retailers
reporting an increase of violence during the commission of
retail theft;
(3) organized retail crime--
(A) threatens the safety and liberty of individuals
in the United States when those individuals engage in
commerce;
(B) erodes the retail economy for customers and
businesses alike; and
(C) finances transnational criminal organizations
that use the proceeds of those thefts to support the
criminal goals of the criminal organizations; and
(4) it has become necessary for Congress--
(A) to amend title 18, United States Code, to
ensure that law enforcement has the legal tools
necessary to combat organized retail crime in the same
capacity as law enforcement is able to combat theft and
diversion from other portions of the supply chain; and
(B) to direct the executive branch to create a
central coordination center to align Federal, State,
local, territorial, and Tribal efforts to combat
organized retail crime.
SEC. 3. AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Part I of title 18, United States Code, is amended--
(1) in section 982(a)(5)--
(A) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
(B) by inserting after subparagraph (B) the
following:
``(C) section 659 (interstate or foreign shipments by
carrier; State prosecutions);'';
(C) in subparagraph (E), as so redesignated, by
striking ``; or'' and inserting a semicolon;
(D) in subparagraph (F), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(E) by inserting after subparagraph (F), as so
redesignated, the following:
``(G) section 2314 (transportation of stolen goods,
securities, moneys, fraudulent State tax stamps, or articles
used in counterfeiting); or
``(H) section 2315 (sale or receipt of stolen goods,
securities, moneys, or fraudulent State tax stamps).'';
(2) in section 1956(c)(7)(D)--
(A) by inserting ``section 659 (interstate or
foreign shipments by carrier; State prosecutions),''
after ``section 658 (relating to property mortgaged or
pledged to farm credit agencies),''; and
(B) by inserting ``section 2314 (transportation of
stolen goods, securities, moneys, fraudulent State tax
stamps, or articles used in counterfeiting), section
2315 (sale or receipt of stolen goods, securities,
moneys, or fraudulent State tax stamps),'' after
``section 2281 (relating to violence against maritime
fixed platforms),'';
(3) in section 2314, in the first paragraph--
(A) by inserting ``or by using any facility of
interstate or foreign commerce,'' after ``commerce'';
(B) by inserting ``or of an aggregate value of
$5,000 or more during any 12-month period,'' after
``more,'';
(C) by inserting ``, embezzled,'' after ``stolen'';
and
(D) by inserting ``, false pretense, or other
illegal means'' after ``fraud''; and
(4) in section 2315, in the first paragraph--
(A) by inserting ``or of an aggregate value of
$5,000 or more during any 12-month period,'' after
``$5,000 or more,''; and
(B) by striking ``; or'' and inserting ``, or have
been stolen, unlawfully converted, or taken by the use
of any facility of interstate or foreign commerce in
the commission of said act; or''.
SEC. 4. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED RETAIL CRIME.
(a) In General.--Title III of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4341 et seq.) is amended by
inserting after section 305 the following:
``SEC. 305A. ORGANIZED RETAIL CRIME COORDINATION CENTER.
``(a) Definitions.--In this section:
``(1) Center.--The term `Center' means the Organized Retail
Crime Coordination Center established pursuant to subsection
(b)(1).
``(2) Organized retail crime.--The term `organized retail
crime' includes--
``(A) any crime described in section 2314 or 2315
of title 18, United States Code; and
``(B) aiding or abetting the commission of, or
conspiring to commit, any act that is in furtherance of
a violation of a crime referred to in paragraph (1).
``(b) Organized Retail Crime Coordination Center.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of the Combating Organized Retail Crime Act of
2023, the Secretary of Homeland Security shall direct the
Executive Associate Director of Homeland Security
Investigations to establish the Organized Retail Crime
Coordination Center.
``(2) Duties.--The duties of the Center shall include--
``(A) coordinating Federal law enforcement
activities related to organized retail crime, including
investigations of national and transnational criminal
organizations that are engaged in organized retail
crime;
``(B) establishing relationships with State and
local law enforcement agencies and organizations,
including organized retail crime associations, and
sharing information regarding organized retail crime
threats with such agencies and organizations;
``(C) assisting State and local law enforcement
agencies with their investigations of organized retail
crime groups;
``(D) establishing relationships with retail
companies, sharing information with such companies
regarding organized retail crime threats, and providing
mechanisms for the receipt of investigative information
on such threats;
``(E) establishing a secure system for sharing
information regarding organized retail crime threats by
leveraging existing information systems at the
Department of Homeland Security and the Department of
Justice;
``(F) tracking trends with respect to organized
retail crime and releasing annual public reports on
such trends; and
``(G) supporting the provision of training and
technical assistance in accordance with subsection (c).
``(3) Leadership; staffing.--
``(A) Director.--The Center shall be headed by a
Director, who shall be--
``(i) an experienced law enforcement
officer;
``(ii) appointed by the Director of U.S.
Immigration and Customs Enforcement; and
``(iii) in the Senior Executive Service (as
defined in section 3132 of title 5, United
States Code).
``(B) Deputy director.--The Director of the Center
shall be assisted by a Deputy Director, who shall be
appointed, on a 2-year rotational basis, upon request
from the Executive Associate Director of Homeland
Security Investigations, by--
``(i) the Director of the Federal Bureau of
Investigation;
``(ii) the Director of the United States
Secret Service; or
``(iii) the Chief Postal Inspector.
``(C) Federal staff.--The staff of the Center shall
include--
``(i) Special Agents and Analysts from
Homeland Security Investigations; and
``(ii) detailed criminal investigators,
analysts, and liaisons from other Federal
agencies who have responsibilities related to
organized retail crime, including detailees
from--
``(I) U.S. Customs and Border
Protection;
``(II) the United States Secret
Service;
``(III) the United States Postal
Inspection Service;
``(IV) the Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
``(V) the Drug Enforcement
Administration.
``(D) State and local staff.--The staff of the
Center may include detailees from State and local law
enforcement agencies, who shall serve at the Center on
a nonreimbursable basis.
``(4) Coordination.--
``(A) In general.--The Center shall coordinate its
activities, as appropriate, with other Federal agencies
and centers responsible for countering transnational
organized crime threats.
``(B) Shared resources.--In establishing the
Center, the Executive Associate Director of Homeland
Security Investigations may co-locate or otherwise
share resources and personnel, including detailees and
agency liaisons, with--
``(i) the National Intellectual Property
Rights Coordination Center established pursuant
to section 305(a)(1); or
``(ii) other existing interagency centers
within the Department of Homeland Security.
``(C) Agreements.--The Director of the Center, or
his or her designee, may enter into agreements with
Federal, State, local, and Tribal agencies and private
sector entities to facilitate carrying out the duties
described in paragraph (2).
``(D) Information sharing.--Subject to the approval
of the Director of the Center, information that would
otherwise be subject to the limitation on the
disclosure of confidential information set forth in
section 1905 of title 18, United States Code, may be
shared if such disclosure is operationally necessary.
The Director may not delegate his or her authority
under this subparagraph.
``(5) Reporting requirements.--
``(A) Initial report.--
``(i) In general.--Not later than 1 year
after the date of the enactment of the
Combating Organized Retail Crime Act of 2023,
the Secretary of Homeland Security shall submit
a report regarding the establishment of the
Center to--
``(I) the Committee on the
Judiciary of the Senate;
``(II) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
``(III) the Committee on the
Judiciary of the House of
Representatives; and
``(IV) the Committee on Homeland
Security of the House of
Representatives.
``(ii) Contents.--The report required under
clause (i) should include a description of--
``(I) the organizational structure
of the Center;
``(II) the agencies and partner
organizations that are represented
within the Center;
``(III) any challenges that had to
be addressed while establishing the
Center;
``(IV) any lessons learned from
establishing the Center, including
successful prosecutions resulting from
the activities of the Center;
``(V) recommendations for ways to
strengthen the enforcement of laws
involving organized retail crime;
``(VI) recommendations for ways to
include organized retail crime within a
holistic supply chain security
enforcement framework;
``(VII) the intersections and
commonalities between organized retail
crime organizations and other organized
theft groups, including supply chain
diversion and theft; and
``(VIII) the impact of organized
theft groups on the scarcity of vital
products, including medicines, personal
protective equipment, and infant
formula.
``(B) Annual report.--Beginning on the date that is
1 year after the submission of the report required
under subparagraph (A), the Director shall submit an
annual report that describes the activities of the
Center during the previous year to the congressional
committees listed in subparagraph (A)(i).
``(c) Training and Technical Assistance.--
``(1) Evaluation.--Not later than 180 days after the date
of the enactment of the Combating Organized Retail Crime Act of
2023, the Secretary of Homeland Security and the Attorney
General shall conduct an evaluation of existing Federal
programs that provide grants, training, and technical support
to State, local, and Tribal law enforcement to assist in
countering organized retail crime.
``(2) Evaluation scope.--The evaluation required under
paragraph (1) shall evaluate, at a minimum--
``(A) the Homeland Security Grant Program at the
Federal Emergency Management Agency;
``(B) grant programs at the Office of Justice
Programs within the Department of Justice; and
``(C) relevant training programs at the Federal Law
Enforcement Training Center.
``(3) Report.--Not later than 45 days after the completion
of the evaluation required under paragraph (1), the Secretary
of Homeland Security and the Attorney General shall jointly
submit a report to the congressional committees listed in
subsection (b)(5)(A)(i) that--
``(A) describes the results of such evaluation; and
``(B) includes recommendations on ways to expand
grants, training, and technical assistance for
combating organized retail crime.
``(4) Enhancing or modifying training and technical
assistance.--Not later than 45 days after submitting the report
required under paragraph (3), the Secretary of Homeland
Security and the Attorney General shall jointly issue formal
guidance to relevant agencies and offices within the Department
of Homeland Security and the Department of Justice for
modifying or expanding, as appropriate, the prioritization of
training and technical assistance designed to counter organized
retail crime.''.
(b) Clerical Amendment.--The table of contents for the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 107-296) is
amended by inserting after the item relating to section 305 the
following:
``Sec. 305A. Organized Retail Crime Coordination Center.''.
<all>
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118S1400 | Increased TSP Access Act of 2023 | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
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],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1400
To amend the Food Security Act of 1985 to modify the delivery of
technical assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Braun (for himself, Mr. Bennet, and Mr. Marshall) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to modify the delivery of
technical assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increased TSP Access Act of 2023''.
SEC. 2. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Non-federal certifying entity.--The term `non-Federal
certifying entity' means a non-Federal entity or State agency
described in subparagraph (A) or (B), respectively, of
subsection (e)(4).'';
(2) in subsection (b), by striking ``science-based, site-
specific practices designed'' and inserting ``timely, science-
based, and site-specific practice design and implementation
assistance'';
(3) in subsection (d), by inserting ``(including private
sector entities)'' after ``non-Federal entities'';
(4) in subsection (e)--
(A) in paragraph (2), by striking ``Food,
Conservation, and Energy Act of 2008'' and inserting
``Increased TSP Access Act of 2023'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``ensure'' and all that follows through
``engineering,'' and inserting ``ensure that
third-party providers with expertise in the
technical aspects of conservation planning,
watershed planning, environmental engineering,
conservation practice design, implementation,
and evaluation, or other technical skills, as
determined by the Secretary,''; and
(ii) in subparagraph (C), by inserting ``by
the Secretary'' after ``established''; and
(C) by striking paragraphs (4) and (5) and
inserting the following:
``(4) Certification.--The Secretary shall certify a third-
party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service;
``(B) a non-Federal entity (other than a State
agency) approved by the Secretary to perform the
certification; or
``(C) a State agency with statutory authority to
certify, administer, or license professionals in one or
more fields of natural resources, agriculture, or
engineering approved by the Secretary to perform the
certification.
``(5) Timely decisions.--Not later than 10 business days
after the date on which the Secretary receives a notification
submitted by a non-Federal certifying entity that the non-
Federal certifying entity has certified a third-party provider,
the Secretary shall--
``(A) review the certification; and
``(B) if the certification is satisfactory to the
Secretary, include the name of the third-party provider
on the registry of certified third-party providers
maintained by the Secretary.
``(6) Non-federal certifying entity process.--
``(A) Establishment.--Not later than 180 days after
the date of enactment of the Increased TSP Access Act
of 2023, the Secretary shall establish a process for
the certification of third-party providers by non-
Federal certifying entities, with the goal of
increasing third-party provider capacity, including the
certification of qualified agricultural retailers,
cooperatives, professional societies, service
providers, and organizations described in section
1265A(3)(B)(i).
``(B) Eligibility of non-federal certifying
entities.--In determining the eligibility of a non-
Federal certifying entity under subparagraph (A), the
Secretary shall consider--
``(i) the ability of the non-Federal
certifying entity to assess qualifications of a
third-party provider and certify third-party
providers at scale;
``(ii) the experience of the non-Federal
certifying entity in working with third-party
providers and eligible participants;
``(iii) the expertise of the non-Federal
certifying entity in the technical and science-
based aspects of conservation delivery
described in paragraph (3)(A);
``(iv) the history of the non-Federal
certifying entity in working with agricultural
producers; and
``(v) such other qualifications as the
Secretary determines to be appropriate.
``(C) Approval.--Not later than 40 business days
after the date on which the Secretary receives an
application submitted by a non-Federal certifying
entity to certify third-party providers under this
section, the Secretary shall make a decision on whether
to approve the non-Federal certifying entity to certify
third-party providers.
``(D) Duties of non-federal certifying entities.--A
non-Federal certifying entity approved by the Secretary
to certify third-party providers shall--
``(i) assess the ability of a third-party
provider to appropriately provide technical
assistance to eligible participants;
``(ii) provide training to ensure that a
third-party provider certified by the non-
Federal certifying entity is qualified to
provide that technical assistance;
``(iii) submit to the Secretary a timely
notice of--
``(I) each third-party provider
certified by the non-Federal certifying
entity, for inclusion on the registry
of certified third-party providers
maintained by the Secretary; and
``(II) each third-party provider
the certification of which is withdrawn
by the non-Federal certifying entity.
``(7) Streamlined certification.--Not later than 180 days
after the date of enactment of the Increased TSP Access Act of
2023, the Secretary shall provide a streamlined certification
process for a third-party provider that has an appropriate
specialty certification, including a certified crop advisor
certified by the American Society of Agronomy, a professional
engineer, or a holder of a technical certification approved by
the Secretary.''; and
(5) in subsection (f)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``or a non-Federal
certifying entity'' after ``third-party provider'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Review.--Not later than 1 year after the date of
enactment of the Increased TSP Access Act of 2023, and
additionally thereafter at the discretion of the Secretary, the
Secretary shall--
``(A) review certification requirements for third-
party providers;
``(B) make any adjustments considered necessary by
the Secretary to improve participation and the quality
and effectiveness of conservation practices implemented
and adopted with support from technical service
providers;
``(C) conduct outreach to and receive input from
third-party providers, both that currently participate
in the program under this section and those that no
longer participate in the program, and entities,
organizations, and associations providing or supporting
consultative services to agriculture, livestock, and
forest producers to assess barriers and opportunities
for the use of third-party provider assistance for
improved conservation program delivery; and
``(D) set a target utilization rate for third-party
providers.'';
(C) in paragraph (4)(A)(i), by inserting
``maintenance,'' after ``outreach,''; and
(D) by striking paragraph (5) and inserting the
following:
``(5) Payment amounts.--
``(A) In general.--The Secretary shall establish
fair and reasonable amounts of payments for technical
services provided by third-party providers at rates
equivalent to, but that do not exceed, technical
assistance provided by the Secretary.
``(B) Considerations.--In determining fair and
reasonable payment amounts under subparagraph (A), the
Secretary shall consider specialized equipment,
frequency of site visits, training, travel and
transportation, and such other factors as the Secretary
determines to be appropriate.
``(C) Exclusion.--A payment provided under another
Federal program directly to an eligible participant for
technical assistance provided by a third-party provider
certified under this section shall be--
``(i) excluded from cost-sharing
requirements under the program under which the
payment was provided; and
``(ii) equal to not more than 100 percent
of the fair and reasonable payment amount for
the applicable technical assistance determined
under subparagraph (B).
``(6) Transparency.--Not later than 1 year after the date
of enactment of the Increased TSP Access Act of 2023, the
Secretary shall provide accessible public information on--
``(A) funds obligated to third-party providers
through--
``(i) contracts entered into between
eligible participants and individual third-
party providers; and
``(ii) agreements with public and private
sector entities to secure third-party technical
assistance;
``(B) certification results, including--
``(i) the number of third-party providers
certified by the Secretary;
``(ii) the number of non-Federal certifying
entities approved by the Secretary;
``(iii) the number of third-party providers
certified by non-Federal certifying entities;
and
``(iv) the number of third-party providers
certified based on State agency or professional
association credentialing;
``(C) how third-party providers contribute to the
quality and effectiveness of conservation practices
implemented and adopted, and what improvements are
needed; and
``(D) the target utilization rate set under
paragraph (3)(D) and how actual utilization compares to
that target rate.''.
<all>
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118S1401 | Federal Prison Oversight Act | [
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1401 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1401
To establish an inspections regime for the Bureau of Prisons, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Ossoff (for himself, Mr. Braun, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish an inspections regime for the Bureau of Prisons, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prison Oversight Act''.
SEC. 2. CREATION OF AN INSPECTIONS REGIME FOR THE BUREAU OF PRISONS.
(a) In General.--Section 413 of title 5, United States Code, is
amended by adding at the end the following:
``(e) Inspections Regime.--
``(1) Definitions.--In this subsection:
``(A) Bureau.--The term `Bureau' means the Bureau
of Prisons.
``(B) Covered facility.--The term `covered
facility'--
``(i) means a correctional facility
operated by the Bureau; and
``(ii) does not include a State, local,
Tribal, or territorial facility.
``(C) Family member.--The term `family member'
includes a grandparent, parent, sibling, spouse or
domestic partner, child, aunt, uncle, cousin, niece,
nephew, grandchild, or any other person related to an
individual by blood, adoption, marriage, civil union,
or a romantic or fostering relationship.
``(D) Inspector general.--The term `Inspector
General' means the Inspector General of the Department
of Justice.
``(E) Ombudsman.--The term `Ombudsman' means the
Ombudsman established under paragraph (3)(A).
``(F) Representative of an incarcerated person.--
The term `representative of an incarcerated person'
includes paid or unpaid legal counsel or any other
person or entity chosen by an incarcerated person to
represent the interests of the incarcerated person.
``(G) Sexual abuse.--The term `sexual abuse' has
the meaning given that term in section 115.6 of title
28, Code of Federal Regulations (or any successor
thereto).
``(H) Staff.--The term `staff' means employees and
contractors of the Bureau.
``(2) Inspections of covered facilities by the inspector
general.--
``(A) Establishment of inspections regime.--
``(i) In general.--The Inspector General
shall conduct periodic inspections of covered
facilities pursuant to the requirements of this
subsection.
``(ii) Access to covered facilities.--The
Attorney General shall ensure that the
Inspector General has access to any covered
facility, including the incarcerated people,
detainees, staff, bargaining unit
representative organization, and any other
information that the Inspector General
determines is necessary to carry out the
provisions of this subsection.
``(iii) Notice of inspections.--An
inspection of a covered facility under this
subsection may be announced or unannounced.
``(iv) Community input.--In developing the
inspections regime under this subsection, the
Inspector General is encouraged to consult
formerly incarcerated people, family or
representatives of incarcerated people, and
community advocates.
``(B) Inspection criteria.--An inspection of a
covered facility under this subsection may include an
assessment of the following:
``(i) The policies, procedures, and
administrative guidance of the facility.
``(ii) The conditions of confinement.
``(iii) Working conditions for staff.
``(iv) The availability of evidence-based
recidivism reduction programs and productive
activities, as such terms are defined in
section 3635 of title 18, and the application
of earned time credits pursuant to section 3632
of title 18.
``(v) The policies and procedures relating
to visitation.
``(vi) The policies and practices relating
to classification and housing.
``(vii) The policies and practices relating
to the use of single-cell confinement,
administrative segregation, and other forms of
restrictive housing.
``(viii) The medical facilities and medical
and mental health care, programs, procedures,
and policies, including the number and
qualifications of medical and mental health
staff and the availability of gender-
appropriate and trauma-responsive care for
incarcerated people.
``(ix) Medical services and mental health
resources for staff.
``(x) Lockdowns at the facility.
``(xi) Credible allegations of incidents
involving excessive use of force, completed,
attempted, or threatened violence, including
sexual abuse, or misconduct committed against
incarcerated people.
``(xii) Credible allegations of incidents
involving completed, attempted, or threatened
violence, including sexual violence or sexual
abuse, committed against staff.
``(xiii) Adequacy of staffing at the
covered facility, including the number and job
assignments of staff, the ratio of staff to
inmates at the facility, the staff position
vacancy rate at the facility, and the use of
overtime, mandatory overtime, and augmentation.
``(xiv) Deaths or serious injuries of
incarcerated people or staff that occurred at
the facility.
``(xv) The existence of contraband that
jeopardizes the health or safety of
incarcerated people or staff, including
incident reports, referrals for criminal
prosecution, and confirmed prosecutions.
``(xvi) Access of incarcerated people to--
``(I) legal counsel, including
confidential meetings and
communications;
``(II) discovery and other case-
related legal materials; and
``(III) the law library at the
covered facility.
``(xvii) Any aspect of the operation of the
covered facility that the Inspector General
determines to be necessary over the course of
an inspection.
``(C) Inspection schedule.--An inspection of a
covered facility under this subsection shall be
conducted on a schedule based on the combined risk
score of the covered facility as described in
subparagraph (E) and the following considerations:
``(i) Higher risk facilities shall receive
more frequent inspections.
``(ii) The Inspector General shall
reevaluate the combined risk score methodology
and inspection schedule periodically and may
alter 1 or both to ensure that higher risk
facilities are identified and receiving the
appropriate frequency of inspection.
``(iii) A determination by the Inspector
General that 1 or more of the criteria listed
in subparagraph (B) should be inspected, with
regard to a covered facility or group of
covered facilities.
``(D) Report.--
``(i) In general.--Upon completion of an
inspection of a covered facility under this
subsection, or a group of inspections that
assess the same or similar issues at more than
1 facility, the Inspector General shall produce
a report to be made available to the Attorney
General, the Committee on the Judiciary of the
Senate, the Committee on the Judiciary of the
House of Representatives, employee
representative organizations, and the public,
that addresses 1 or more of the following
topics:
``(I) A characterization of the
conditions of confinement and working
conditions, including a summary of the
inspection criteria reviewed under
clauses (ii) and (iii) of subparagraph
(B).
``(II) Recommendations made to the
covered facility to improve safety and
conditions within the facility,
including recommendations regarding
staffing.
``(III) A recommended timeline for
the next inspection and assessment,
which shall not limit the authority of
the Inspector General to perform
additional inspections and assessments,
announced or unannounced.
``(IV) Any other issues or matters
identified during the inspection of the
facility or facilities.
``(ii) Consultation with stakeholders.--In
developing the recommendations described in
clause (i), the Inspector General may consult
with stakeholders, including employee
representative organizations.
``(E) Risk score.--Not later than 18 months after
the date of enactment of the Federal Prison Oversight
Act, the Inspector General shall establish methodology
and protocols for determining the combined risk score
of a covered facility, which--
``(i) shall be delivered to the Committee
on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives; and
``(ii) may be based on--
``(I) frequency and duration of
lockdowns;
``(II) availability of programming;
``(III) staffing levels;
``(IV) access to adequate physical
and mental health resources;
``(V) incidences of physical
assault, neglect, or sexual abuse;
``(VI) opportunity to maintain
family ties through phone calls, video
calls, mail, email, and visitation;
``(VII) adequacy of the nutrition
provided;
``(VIII) amount or frequency of
staff discipline cases;
``(IX) amount or frequency of
misconduct by people incarcerated at
the covered facility;
``(X) access of incarcerated people
to--
``(aa) legal counsel,
including confidential meetings
and communications;
``(bb) discovery and other
case-related legal materials;
and
``(cc) the law library at
the covered facility; and
``(XI) other factors as determined
by the Inspector General.
``(F) Bureau response to report.--
``(i) In general.--Not later than 60 days
after the date on which the Inspector General
issues a report under subparagraph (D), the
Bureau shall respond in writing to the
inspection report, which shall include a
corrective action plan.
``(ii) Public availability.--Each response
and action plan described in clause (i) shall
be made available to the public on the website
of the Inspector General.
``(iii) Compliance with corrective action
plan.--The Inspector General may conduct
additional inspections or investigations,
announced or unannounced, to monitor the
compliance of the Bureau with a corrective
action plan described in clause (i).
``(G) Rule of construction.--The authority in this
paragraph is consistent with and does not supersede,
conflict with, or otherwise alter the authority
provided to the Inspector General under section 406.
``(3) Ombudsman.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Federal Prison Oversight Act,
the Attorney General shall establish in the Department
of Justice an Ombudsman who may--
``(i) receive a complaint from an
incarcerated person, a family member, a
representative of an incarcerated person,
staff, or others regarding issues that may
adversely affect the health, safety, welfare,
or rights of incarcerated people or staff,
including--
``(I) abuse or neglect;
``(II) the conditions of
confinement, including the availability
of health care;
``(III) working conditions of
staff;
``(IV) decisions, administrative
actions, or guidance of the Bureau,
including those relating to prison
staffing;
``(V) inaction or omissions by the
Bureau, including failure to consider
or respond to complaints or grievances
by incarcerated people or staff
promptly or appropriately;
``(VI) policies, rules, or
procedures of the Bureau, including
gross mismanagement; and
``(VII) alleged violations of non-
criminal law by staff or incarcerated
people that may adversely affect the
health, safety, welfare, or rights of
any person;
``(ii) refer a complainant and others to
appropriate resources or Federal agencies;
``(iii) make inquiries and recommend
actions to appropriate entities on behalf of a
complainant, the Ombudsman, or others; and
``(iv) decline to investigate or take any
action with respect to any complaint and, in
any case in which the Ombudsman declines to
investigate or take any action, shall notify
the complainant in writing of the decision not
to investigate or take any action and the
reasons for the decision.
``(B) Limitations on authority.--The Ombudsman--
``(i) may not investigate--
``(I) any complaints relating to
the underlying criminal conviction of
an incarcerated person;
``(II) a complaint from staff that
relates to the employment or
contractual relationship of the staff
member with the Bureau, unless the
complaint is related to the health,
safety, welfare, working conditions,
gross mismanagement of a covered
facility, or rehabilitation of
incarcerated people; or
``(III) any allegation of criminal
or administrative misconduct, as
described in subsection (b)(2), and
shall refer any matter covered by
subsection (b)(2) to the Inspector
General, who may, at the discretion of
Inspector General, refer such
allegations back to the Ombudsman or
the internal affairs office of the
appropriate component of the Department
of Justice; and
``(ii) may not levy any fees for the
submission or investigation of complaints.
``(C) Decision on the merits of a complaint.--At
the conclusion of an investigation of a complaint, the
Ombudsman shall--
``(i) render a decision on the merits of
each complaint;
``(ii) communicate the decision to the
complainant, if any, and to the Bureau; and
``(iii) state the recommendations and
reasoning of the Ombudsman if, in the opinion
of the Ombudsman, the Bureau or any employee
thereof should--
``(I) consider the matter further;
``(II) modify or cancel any action;
``(III) alter a rule, practice, or
ruling;
``(IV) explain in detail the
administrative action in question; or
``(V) rectify an omission.
``(D) Actions following a decision by the
ombudsman.--
``(i) Request for information about actions
taken.--If the Ombudsman so requests, the
Bureau shall, within the time specified,
respond to any inquiry or request for
information from the Ombudsman and inform the
Ombudsman about any action taken on the
recommendations provided by the Ombudsman or
the reasons for not complying with any request
for information or recommendations.
``(ii) Reporting of continuing issues.--If
the Ombudsman believes, based on an
investigation conducted by the Ombudsman, that
there has been or continues to be a significant
health, safety, welfare, working conditions, or
rehabilitation issue, the Ombudsman shall
report the finding to the Attorney General, the
Committee on the Judiciary of the Senate, and
the Committee on the Judiciary of the House of
Representatives.
``(iii) Monitoring of internal disciplinary
actions of the bureau.--In the event that the
Bureau conducts an internal disciplinary
investigation or review of 1 or more staff
members of the Bureau as a result of an
investigation by the Ombudsman, the Ombudsman
may monitor the internal disciplinary action to
ensure a fair and objective process.
``(4) Inspector general and ombudsman access to bureau of
prisons facilities.--
``(A) In general.--Upon demand, in person or in
writing and with or without prior notice, the Inspector
General and the Ombudsman shall be granted access to
all Bureau facilities, which shall include--
``(i) all areas that are used by
incarcerated people, all areas that are
accessible to incarcerated people, and access
to programs for incarcerated people at any time
of day; and
``(ii) the opportunity to--
``(I) conduct private and
confidential interviews with any
incarcerated person, staff, employee
representative organization, or other
person; and
``(II) communicate privately and
confidentially, both formally and
informally, with incarcerated people or
staff by telephone, mail, electronic
communication, and in person, which
shall not be monitored or recorded by
or conducted in the presence of staff.
``(B) Purpose of visits.--Access to Bureau
facilities under subparagraph (A) is for the purposes
of--
``(i) conducting announced or unannounced
inspections by the Inspector General as
described in paragraph (2), including
inspections to monitor the compliance of the
Bureau with a corrective action plan described
in paragraph (2)(F)(i);
``(ii) conducting an investigation or other
activity by the Ombudsman as described in
paragraph (3); and
``(iii) inspecting, viewing, photographing,
and video recording all areas of the facility
that are used by incarcerated people or are
accessible to incarcerated people.
``(C) Access to documents.--
``(i) In general.--The Inspector General
and the Ombudsman have the right to access,
inspect, and copy all relevant information,
records, or documents in the possession or
control of the Bureau that either the Inspector
General or the Ombudsman considers necessary in
an inspection, investigation, or other
activity, and the Bureau shall assist the
Inspector General and the Ombudsman in
obtaining the necessary releases for those
documents that are specifically restricted or
privileged for use by the Bureau.
``(ii) Production of records.--Following
notification from the Inspector General or the
Ombudsman with a written demand for access to
Bureau records, the Bureau shall provide access
to the requested documentation in a manner
consistent with section 552a (commonly known as
the `Privacy Act of 1974')--
``(I) not later than 20 business
days after receipt of the written
request; or
``(II) in the case of records
pertaining to the death of an
incarcerated person or staff, threats
of bodily harm including sexual or
physical assaults, or the denial or
delay of necessary medical treatment,
not later than 5 business days after
receipt of the written request, unless
the Inspector General or the Ombudsman
consents to an extension of that time
frame.
``(D) Minimize disruption of operations.--The
Inspector General and the Ombudsman shall--
``(i) develop procedures--
``(I) to ensure that the Inspector
General has access to, and the right to
review and investigate, any allegations
received by the Ombudsman to ensure
that the Inspector General may carry
out the authorities provided to the
Inspector General under this chapter;
and
``(II) that may provide that the
Inspector General and the Ombudsman
will determine certain categories of
allegations that are not necessary for
the Inspector General to review prior
to the Ombudsman proceeding;
``(ii) work with the Bureau to minimize
disruption to the operations of the Bureau due
to inspections, investigations, or other
activity;
``(iii) comply with the security clearance
processes of the Bureau, provided these
processes do not impede the activities
described in this subsection; and
``(iv) limit the public release of any
photographs or video recordings that would
jeopardize--
``(I) the safety, security, or good
order of a covered facility or the
Bureau; or
``(II) public safety.
``(E) Rule of construction.--The authority in this
paragraph is consistent with and does not supersede,
conflict with, or otherwise alter the authority
provided to the Inspector General under section 406.
``(5) Confidentiality.--
``(A) In general.--Correspondence and communication
with the Inspector General and the Ombudsman, including
communication regarding an issue described in section
4051 of title 18 is confidential and shall be protected
as privileged correspondence in the same manner as
legal correspondence or communications.
``(B) Procedures.--Subject to subparagraph (C), the
Inspector General and the Ombudsman shall establish
confidentiality procedures for all information
maintained by the respective office to ensure that, to
the greatest extent practicable, before, during, or
after an investigation--
``(i) staff are not aware of the identity
of a complainant; and
``(ii) other incarcerated people are not
aware of the identity of a complainant.
``(C) Exception.--The Inspector General and the
Ombudsman may disclose identifying information for the
sole purpose of carrying out an investigation and as
otherwise authorized under section 407(b).
``(6) Filing complaints.--
``(A) Filing complaints on behalf of an
incarcerated individual.--
``(i) Online form.--The Ombudsman shall
create a secure online form to be made
available on the website of the Ombudsman where
the family members, friends, and
representatives of incarcerated people can
submit complaints and inquiries on issues
identified in paragraph (3)(A)(i) on behalf of
an individual incarcerated at a covered
facility.
``(ii) Telephone hotline.--The Ombudsman
shall create a telephone hotline through which
family members, friends, and representatives of
incarcerated people can call to file complaints
and inquiries on issues identified in paragraph
(3)(A)(i) on behalf of an individual
incarcerated at a covered facility.
``(B) Filing complaints by an incarcerated
individual.--
``(i) Internal private submission.--The
Bureau shall provide multiple internal ways for
incarcerated individuals in covered facilities
to privately submit to the Ombudsman complaints
and inquiries on issues identified in paragraph
(3)(A)(i).
``(ii) Submission via independent entity.--
The Bureau shall also provide not less than 1
process for incarcerated individuals in covered
facilities to submit complaints and inquiries
on issues identified in paragraph (3)(A)(i) to
a public or private entity or office that is
not part of the Bureau and that is able to
receive and immediately forward complaints and
inquiries to the Ombudsman, allowing the
incarcerated individual to remain anonymous
upon request.
``(C) Determination.--
``(i) Confirmation of receipt.--Not later
than 5 business days after submission of a
complaint or inquiry under subparagraph (A) or
(B), the Ombudsman shall confirm receipt.
``(ii) Determination.--Not later than 15
business days after issuing the confirmation
under clause (i), the Ombudsman shall make a
determination as to whether any action is
warranted and notify the complainant of the
determination.
``(iii) Statement regarding decision.--If
the Ombudsman has determined action is
unwarranted under clause (ii), the Ombudsman
shall provide a written statement explaining
the decision to the complainant.
``(D) Public education.--The Ombudsman shall
coordinate with the Bureau to educate incarcerated
people, representatives of incarcerated people, and the
public about the existence and functions of the
Ombudsman.
``(E) Administrative exhaustion.--Nothing in this
paragraph shall be construed as a necessary
administrative remedy required for exhaustion under
section 7(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)).
``(7) Prohibition on retaliation.--
``(A) In general.--The Bureau and staff of the
Bureau shall not discharge, retaliate against, or in
any manner discriminate against any complainant or any
person or entity that has instituted or caused to be
instituted any proceeding, investigation, or inspection
under or related to this subsection.
``(B) Investigation.--Any alleged discharge of,
retaliation against, or discrimination against a
complainant, entity, or person because of a complaint,
investigation, or inspection may be considered by the
Ombudsman as an appropriate subject of an investigation
or other activity.
``(8) Due process protections.--
``(A) In general.--The Attorney General and the
Inspector General shall ensure that implementation of
this subsection is consistent with section 552a
(commonly known as the `Privacy Act of 1974') and all
other applicable laws, and respects appropriate due
process protections for staff.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to modify, supersede, or
otherwise affect the authority of the Inspector General
to access all records, reports, audits, reviews,
documents, papers, recommendations, or other materials,
as authorized by section 406(a).
``(9) Percentage of annual appropriation for the bureau of
prisons.--It is the sense of Congress that the amount allocated
to the Inspector General and the Ombudsman to carry out the
activities described in this subsection should equal an amount
between 0.2 percent and 0.5 percent of the annual appropriation
for the Bureau.''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the date that is 90 days after the date on which
appropriations are made available to the Inspector General of the
Department of Justice and the Department of Justice for the specific
purpose of carrying out the provisions of this Act and the amendments
made by this Act.
<all>
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118S1402 | Minority Entrepreneurship Grant Program Act of 2023 | [
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1402
To require the Administrator of the Small Business Administration, in
consultation with the Under Secretary of Commerce for Minority Business
Development, to establish a grant program to create or expand programs
at minority-serving institutions and historically Black colleges and
universities that promote minority business ownership and
entrepreneurship, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Ms. Rosen (for herself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
A BILL
To require the Administrator of the Small Business Administration, in
consultation with the Under Secretary of Commerce for Minority Business
Development, to establish a grant program to create or expand programs
at minority-serving institutions and historically Black colleges and
universities that promote minority business ownership and
entrepreneurship, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Entrepreneurship Grant
Program Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Board.--The term ``Board'' means the Minority
Entrepreneurship Advisory Board established under section 4(a).
(3) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution, as that term is defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(4) Minority.--The term ``minority'' includes an individual
who is--
(A) Black or African American;
(B) Hispanic or Latino;
(C) Native or Indigenous American;
(D) Asian;
(E) Native Hawaiian or other Pacific Islander;
(F) Native Alaskan; or
(G) a member of a group that the Minority Business
Development Agency of the Department of Commerce
determines under part 1400 of title 15, Code of Federal
Regulations, as in effect on November 23, 1984, is a
socially disadvantaged group eligible to receive
assistance.
(5) Minority-serving institution.--The term ``minority-
serving institution'' means any of the following:
(A) A Hispanic-serving institution, as that term is
defined in section 502(a) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)).
(B) A Tribal College or University, as that term is
defined in section 316(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059c(b)).
(C) An Alaska Native-serving institution, as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)).
(D) A Native Hawaiian-serving institution, as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)).
(E) A Predominantly Black Institution, as that term
is defined in section 318(b) of the Higher Education
Act of 1965 (20 U.S.C. 1059e(b)).
(F) A Native American-serving, nontribal
institution, as that term is defined in section 319(b)
of the Higher Education Act of 1965 (20 U.S.C.
1059f(b)).
(G) An Asian American and Native American Pacific
Islander-serving institution, as that term is defined
in section 320(b) of the Higher Education Act of 1965
(20 U.S.C. 1059g(b)).
(6) Program.--The term ``Program'' means the grant program
established under section 3(a).
(7) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
(8) Student entrepreneur.--The term ``student
entrepreneur'' means a student who is--
(A) a minority;
(B) enrolled at a minority-serving institution or a
historically Black college or university; and
(C) seeking to establish or develop a business.
(9) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Minority Business
Development.
SEC. 3. GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with the
Under Secretary, shall establish a grant program within the Small
Business Administration, the purpose of which shall be to create or
expand programs at minority-serving institutions and historically Black
colleges and universities that foster, promote, and increase
opportunities for minority business ownership.
(b) Application Process.--A minority-serving institution or a
historically Black college or university seeking a grant under the
Program shall submit to the Administrator an application that contains
a description of--
(1) the need for the grant funds to promote minority
entrepreneurship and business ownership among student
entrepreneurs enrolled at the minority-serving institution or
the historically Black college or university;
(2) how the grant funds will be used to carry out the
activities described in paragraph (1);
(3) how the programs created or expanded with the grant
funds will provide support to student entrepreneurs enrolled at
the minority-serving institution or historically Black college
or university who--
(A) seek support for an established business; or
(B) need assistance in establishing a business; and
(4) how the minority-serving institution or historically
Black college or university will create or expand programs or
initiatives that--
(A) increase minority business ownership; and
(B) expand business resources to student
entrepreneurs enrolled at the minority-serving
institution or historically Black college or
university.
(c) Amount of Grant.--A grant made to a minority-serving
institution or a historically Black college or university under the
Program shall be not less than $250,000.
(d) Use of Grant Funds.--With a grant received under the Program, a
minority-serving institution or a historically Black college or
university shall support the creation or expansion of programs or
initiatives that offer business development resources that support
student entrepreneurs enrolled at the minority-serving institution or
historically Black college or university, such as--
(1) free legal, accounting, human resources, information
technology, marketing, training, counseling, networking, and
technical assistance; and
(2) access to capital resources, such as the costs
associated with forming a new business enterprise.
(e) MSI Submission Requirement.--A minority-serving institution or
historically Black college or university to which a grant is made under
the Program shall, each year, submit to the Administrator a mid-year
and year-end report, each of which shall contain, for the period
covered by the report, the number of--
(1) student entrepreneurs trained, assisted, and counseled
with the grant funds;
(2) businesses created through the expenditure of the grant
funds, including, with respect to each such business--
(A) the name of the business;
(B) a description of the business; and
(C) the amount of grant funds expended in creating
the business;
(3) student entrepreneurs referred to other resources of
the Small Business Administration; and
(4) student entrepreneurs participating in programs created
or expanded through the expenditure of the grant funds, which,
to the extent possible, shall be disaggregated by sex, race,
and ethnicity.
(f) Report to Congress.--Not later than 18 months after the date on
which the first grant is made under the Program, and annually
thereafter, the Administrator shall submit to Congress a report that
contains information regarding the minority-serving institutions and
historically Black colleges or universities to which grants were made
under the Program for the period covered by the report, which shall
include--
(1) the name of each such minority-serving institution and
historically Black college or university and the amount of each
such grant;
(2) the number of student entrepreneurs trained, assisted,
and counseled with Program grant funds--
(A) at each minority-serving institution and
historically Black college or university to which a
grant was made under the Program; and
(B) in total under the Program;
(3) the number of businesses created through the
expenditure of Program grant funds--
(A) with respect to each minority-serving
institution and historically Black college or
university to which a grant was made under the Program;
and
(B) in total under the Program;
(4) the number of student entrepreneurs referred to
resources of the Small Business Administration--
(A) at each minority-serving institution and
historically Black college or university to which a
grant was made under the Program; and
(B) in total under the Program;
(5) the number of student entrepreneurs participating in
programs created or expanded through the expenditure of Program
grant funds at each minority-serving institution and
historically Black college or university to which a grant was
made under the Program, and in total under the Program, which,
to the extent possible, shall be disaggregated by sex, race,
and ethnicity; and
(6) a statement regarding whether any amounts made
available to carry out this section remain unexpended, as of
the date on which the report is submitted.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator $50,000,000 to carry out this
section.
SEC. 4. ADVISORY BOARD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Minority
Entrepreneurship Advisory Board to develop recommendations regarding
how minority-serving institutions and historically Black colleges and
universities can better serve minority businesses and entrepreneurs.
(b) Membership of Board.--The members of the Board shall be--
(1) appointed by the Administrator; and
(2) individuals with--
(A) outstanding qualifications;
(B) knowledge regarding the needs of small business
concerns that are owned by minorities; and
(C) experience--
(i) working with startups; or
(ii) in providing consultation to small
business concerns.
(c) Submission to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit to
Congress the recommendations developed by the Board under subsection
(a).
(d) Inapplicability of Federal Advisory Committee Requirements.--
Chapter 10 of title 5, United States Code, shall not apply with respect
to the Board or the activities of the Board.
<all>
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118S1403 | Medical Student Education Authorization Act of 2023 | [
[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"sponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1403 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1403
To amend the Public Health Service Act to establish a grant program to
award grants to accredited public institutions of higher education, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Mullin (for himself and Ms. Rosen) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a grant program to
award grants to accredited public institutions of higher education, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Student Education
Authorization Act of 2023''.
SEC. 2. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH CARE FOR MEDICALLY
UNDERSERVED COMMUNITIES.
Part B of title VII of the Public Health Service Act (42 U.S.C. 293
et seq.) is amended by adding at the end the following:
``SEC. 742. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH CARE FOR
MEDICALLY UNDERSERVED COMMUNITIES.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish a grant program to award grants to accredited public
institutions of higher education to carry out the activities described
in subsection (d) for the purposes of--
``(1) expanding and supporting education for medical
students who are preparing to become physicians; and
``(2) preparing and encouraging each such student trained
by a grantee to serve in a Tribal, rural, or medically
underserved community as a primary care physician after
completing residency training.
``(b) Eligibility.--In order to be eligible to receive a grant
under this section, an accredited public institution of higher
education shall--
``(1) be located in a State that is in the top quintile of
States by a projected shortage of primary care physicians, as
determined by the Secretary; and
``(2) submit an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require, that includes--
``(A) a certification that such institution will
use amounts provided to the institution through the
grant to carry out the activities described in
subsection (d); and
``(B) a description of how such institution will
carry out such activities.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to accredited public institutions of
higher education that meet the eligibility requirements of subsection
(b) and--
``(1) are located in a State with not fewer than 2 Indian
Tribes or Tribal organizations (as such terms are defined in
section 4 of the Indian Self-Determination and Education
Assistance Act); and
``(2) have established, or demonstrate plans to establish,
a public-private partnership that supports the purposes
described in subsection (a).
``(d) Use of Funds.--An eligible entity that receives a grant under
this section shall, as appropriate, use the funds made available under
such grant to carry out the following activities:
``(1) Support or expand community-based and experiential
training for medical students who will practice in or serve
Tribal, rural, and medically underserved communities.
``(2) Develop and operate programs to train medical
students in the provision of primary care services, which may
include developing training programs and activities that--
``(A) emphasize care for Tribal, rural, or
medically underserved communities;
``(B) are applicable to primary care practice with
respect to individuals from Tribal, rural, or medically
underserved communities;
``(C) support the use of telehealth technologies
and practices;
``(D) integrate mental health and substance use
disorder care into primary care practice, including
prevention and treatment of opioid use disorders and
other substance use disorders; and
``(E) promote interdisciplinary training.
``(3) Increase the capacity of faculty to develop and
operate programs described in paragraph (2).
``(4) Develop or expand strategic partnerships, such as
public-private partnerships, to improve health outcomes for
individuals from Tribal, rural, and medically underserved
communities, which partnerships may include--
``(A) federally recognized Tribes, Tribal Colleges
or Universities (as such term is defined in section 316
of the Higher Education Act of 1965), and Tribal
organizations (as such term is defined in section 4 of
the Indian Self-Determination and Education Assistance
Act);
``(B) Federally-qualified health centers;
``(C) rural health clinics;
``(D) health facilities or programs operated by or
in accordance with a contract or grant with the Indian
Health Service; and
``(E) primary care clinics.
``(5) Develop a plan, as appropriate, for followup with
graduates, including with respect to specialties, as
applicable.
``(6) Develop, implement, and evaluate methods to improve
recruitment and retention of medical students from Tribal,
rural, and medically underserved communities.
``(7) Train and support instructors to serve Tribal, rural,
and medically underserved communities.
``(8) Prepare medical students for transition into primary
care residency training and future practice.
``(9) Provide scholarships to medical students.
``(e) Grant Period.--A grant under this section shall be awarded
for a period of not more than 5 years.
``(f) Grant Amount.--Each fiscal year, the amount of a grant made
to an eligible entity under this section shall be not less than
$1,000,000.
``(g) Matching Requirement.--The Secretary shall, as appropriate,
require that an eligible entity receiving a grant under this section
provide non-Federal matching funds, which may be in cash or in kind, in
an amount equal to or greater than 10 percent of the total amount of
Federal funds provided through the grant each fiscal year.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2023 through 2025.''.
<all>
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118S1404 | Chaco Cultural Heritage Area Protection Act of 2023 | [
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1404 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1404
To provide for the withdrawal and protection of certain Federal land in
the State of New Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Lujan (for himself and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the withdrawal and protection of certain Federal land in
the State of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chaco Cultural Heritage Area
Protection Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are archeological, sacred, and historic resources
located throughout the Greater Chaco region, which spans the
States of New Mexico, Arizona, Utah, and Colorado;
(2) the Chaco Culture National Historical Park, a unit of
the National Park System and a United Nations Educational,
Scientific and Cultural Organization World Heritage Site, is
known around the world--
(A) for multi-story buildings constructed by the
Chacoan people that are still standing; and
(B) as the nerve center of a culture that spread
throughout and dominated the Four Corners area during
the 9th, 10th, and 11th centuries;
(3) the Chacoan people built hundreds of miles of roads and
a network of villages, shrines, and communications sites, many
of which are still visible;
(4) many Pueblos and Indian Tribes in the Four Corners area
claim cultural affiliation with, and are descended from, the
Chacoan people;
(5) the landscape around the Chaco Culture National
Historical Park includes hundreds of internationally and
nationally significant cultural resources, including
prehistoric roads, communities, and shrines--
(A) many of which are related to the resources
found in the Chaco Culture National Historical Park,
including the resources recognized by the amendment
made by section 3 of the Chacoan Outliers Protection
Act of 1995 (16 U.S.C. 410ii note; Public Law 104-11)
providing for additional Chaco Culture Archeological
Protection Sites;
(B) a significant number of which are concentrated
within the immediate area surrounding the Chaco Culture
National Historical Park; and
(C) that are commonly recognized by archeologists;
(6) long considered one of the best places for stargazing
in the world, Chaco Culture National Historical Park--
(A) in 1991, established a night skies protection
initiative and interpretive program to protect the
night sky in the area of the Chaco Culture National
Historical Park; and
(B) in 2013, was certified as an International Dark
Sky Park;
(7) the Greater Chaco region extends beyond Chaco Culture
National Historical Park and encompasses--
(A) local communities, including the Pueblo Indian
Tribes, Navajo Nation, Hopi Tribe, and other Indian
Tribes; and
(B) public and private land, which includes
additional cultural resources and sacred sites;
(8) for over 110 years, the Federal Government has
recognized the importance of the area in which the Chacoan
people lived and has acted to protect historic and sacred sites
in the area, including--
(A) Chaco Canyon, which was designated as a
National Monument in 1907 and as the Chaco Culture
National Historical Park in 1980;
(B) the Aztec Ruins, which was designated as a
National Monument in 1923 and expanded in each of 1928,
1930, 1948, and 1988; and
(C) the 39 Chaco Culture Archeological Protection
Sites designated in 1995;
(9) recognizes that the standard for Tribal consultation is
outlined in Executive Order No. 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian Tribal
governments);
(10) extensive natural gas development has occurred in the
Greater Chaco region that affect the health, safety, economies,
and quality of life of local communities;
(11) renewed interest in oil exploration and production
within the Mancos/Gallup Shale play has increased the potential
for--
(A) significant impacts on cultural and other
resources, the holistic experience of the sacred
landscape, and visitor experiences at the Chaco Culture
National Historical Park; and
(B) additional impacts on local communities in the
Greater Chaco region, including the Pueblo Indian
Tribes, Navajo Nation, Hopi Tribe, and other Indian
Tribes;
(12) a mineral withdrawal in the landscape around the Chaco
Culture National Historical Park would prevent leasing and
development on Federal land and of Federal minerals in the
immediate area surrounding the Chaco Culture National
Historical Park, which would protect resources and visitor
experiences at the Chaco Culture National Historical Park;
(13) additional studies and protective measures should be
undertaken to address health, safety, and environmental impacts
on communities and interests of the Pueblo Indian Tribes,
Navajo Nation, Hopi Tribe, and other Indian Tribes in the
Greater Chaco region; and
(14) the Greater Chaco region continues to be used for
ceremonial and cultural purposes by the Pueblo Indian Tribes,
Navajo Nation, Hopi Tribe, and other Indian Tribes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered lease.--The term ``covered lease'' means any
oil and gas lease for Federal land--
(A) on which drilling operations have not been
commenced before the end of the primary term of the
applicable lease;
(B) that is not producing oil or gas in paying
quantities; and
(C) that is not subject to a valid cooperative or
unit plan of development or operation certified by the
Secretary to be necessary.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) any Federal land or interest in Federal
land that is within the boundaries of the Chaco
Cultural Heritage Withdrawal Area, as depicted
on the Withdrawal Map; and
(ii) any land or interest in land located
within the boundaries of the Chaco Cultural
Heritage Withdrawal Area, as depicted on the
Withdrawal Map, that is acquired by the Federal
Government after the date of enactment of this
Act.
(B) Exclusion.--The term ``Federal land'' does not
include trust land (as defined in section 3765 of title
38, United States Code).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Withdrawal map.--The term ``Withdrawal Map'' means the
map prepared by the Bureau of Land Management entitled
``Proposed Withdrawal Chaco Culture National Historic Park
Surrounding Area'' and dated January 6, 2022, as referred to in
the notice of the Secretary entitled ``Notice of Proposed
Withdrawal and Public Meetings; San Juan County, NM'' (87 Fed.
Reg. 785 (January 6, 2022)).
SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF NEW MEXICO.
(a) In General.--Subject to any valid existing rights, the Federal
land is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Availability of Withdrawal Map.--The Withdrawal Map shall be
made available for inspection at each appropriate office of the Bureau
of Land Management.
(c) Conveyance of Federal Land to Indian Tribes.--Notwithstanding
subsection (a), the Secretary may convey the Federal land to, or
exchange the Federal land with, an Indian Tribe in accordance with a
resource management plan that is approved as of the date of enactment
of this Act, as subsequently developed, amended, or revised in
accordance with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and any other applicable law.
(d) Oil and Gas Lease Management.--
(1) Termination of non-producing leases.--A covered lease--
(A) shall automatically terminate by operation of
law pursuant to section 17(e) of the Mineral Leasing
Act (30 U.S.C. 226(e)) and subpart 3108 of title 43,
Code of Federal Regulations (or successor regulations);
and
(B) may not be extended by the Secretary.
(2) Withdrawal of terminated, relinquished, or acquired
leases.--Any portion of the Federal land subject to a covered
lease terminated under paragraph (1) or otherwise or
relinquished or acquired by the United States on or after the
date of enactment of this Act is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under mining laws;
and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(e) Effect.--Nothing in this section--
(1) affects the mineral rights of an Indian Tribe or a
member of the Navajo Nation or any other Indian Tribe to trust
land or allotment land; or
(2) precludes improvements to, or rights-of-way for water,
power, utility, or road development on, the Federal land to
assist communities adjacent to or in the vicinity of the
Federal land.
<all>
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118S1405 | Utah School and Institutional Trust Lands Administration Exchange Act of 2023 | [
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
],
[
"R000615",
"Sen. Romney, Mitt [R-UT]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1405 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1405
To provide for the exchange of certain Federal land and State land in
the State of Utah.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Lee (for himself and Mr. Romney) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the exchange of certain Federal land and State land in
the State of Utah.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah School and Institutional Trust
Lands Administration Exchange Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Utah School and Institutional Trust Lands Administration.
(2) Agreement.--The term ``Agreement'' means the agreement
between the Administration, the State, and the Secretary to
exchange certain Federal land and interests in Federal land for
certain State land and interests in State land managed by the
Administration entitled ``Memorandum of Understanding--Exchange
of Lands'' and dated March 17, 2023.
(3) Legal description.--The term ``Legal Description''
means a legal description that is included in Exhibit A to the
Agreement and that is part of the Agreement as of the date of
the conveyance of the applicable land under this Act.
(4) Map.--The term ``Map'' means the map described in the
Agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE ADMINISTRATION, THE STATE
OF UTAH, AND THE SECRETARY OF THE INTERIOR.
(a) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions included in the Agreement--
(1) shall be considered to be in the public interest;
(2) are incorporated by reference into this Act;
(3) are ratified and confirmed by Congress; and
(4) set forth the obligations of the United States, the
State, and the Administration under the Agreement as a matter
of Federal law.
(b) Implementation.--The Secretary shall implement the Agreement.
SEC. 4. CONVEYANCES.
(a) Public Interest Determination.--The land exchange directed by
the Agreement shall be considered to be in the public interest.
(b) Authorization.--
(1) Conveyances.--Notwithstanding any other provision of
law, the conveyances of land and interests in land described in
paragraphs (2), (3), and (5) of the Agreement shall be executed
in accordance with this Act and the Agreement.
(2) Deadline for certain conveyances.--The conveyances of
land and interests in land described in paragraphs (2) and (3)
of the Agreement shall be completed not later than 45 days
after the date of enactment of this Act.
(3) Requirement.--If necessary, the conveyances of land and
interests in land described in the Agreement shall be equalized
in accordance with section 5(b).
(c) Map and Legal Descriptions.--
(1) Public availability.--The Map and Legal Descriptions
shall be on file and available for public inspection in the
offices of the Secretary and the State Director of the Bureau
of Land Management.
(2) Conflict.--In the case of any conflict between the Map
and the Legal Descriptions, the Legal Descriptions shall
control.
(3) Technical corrections.--Nothing in this Act prevents
the Secretary and the Administration from agreeing to the
correction of technical errors or omissions in the Map or Legal
Descriptions.
(d) Adequacy of Applicable Plans.--A conveyance of Federal land or
an interest in Federal land to the State under the Agreement shall be
considered to comply with any applicable land use plan developed under
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
SEC. 5. EQUALIZATION OF THE EXCHANGE.
(a) Appraisal.--
(1) In general.--Not later than 18 months after the date of
execution of the exchange under section 4, the total value of
the land exchanged shall be determined by an appraisal in
accordance with paragraph (5) of the Agreement, that shall--
(A) be based on land and mineral values determined
as of the date of enactment of this Act;
(B) be conducted in accordance with section 206(d)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)); and
(C) use nationally recognized appraisal standards,
including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(2) Minerals.--
(A) Mineral reports.--The appraisals conducted
under paragraph (1) may take into account mineral and
technical reports provided by the Secretary and the
Administration in the evaluation of mineral deposits in
the land and interests in land exchanged under the
Agreement.
(B) Mining claims.--The appraisal of any parcel of
Federal land or interest in Federal land that is
encumbered by a mining claim, mill site, or tunnel site
located under the mining laws shall be conducted in
accordance with standard appraisal practices,
including, as appropriate, the Uniform Appraisal
Standards for Federal Land Acquisition.
(C) Validity examinations.--Nothing in this
paragraph requires the United States to conduct a
mineral examination for any mining claim on the Federal
land or interest in Federal land conveyed under the
Agreement.
(3) Adjustment.--
(A) In general.--If value is attributed to any
parcel of Federal land or interest in Federal land
through an appraisal under paragraph (1) based on the
presence of minerals subject to leasing under the
Mineral Leasing Act (30 U.S.C. 181 et seq.), the value
of the parcel or interest in Federal land (as otherwise
established under this subsection) shall be reduced by
the percentage of the applicable Federal revenue
sharing obligation under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
(B) Limitation.--Any adjustment under subparagraph
(A) shall not be considered to be a property right of
the State.
(4) Approval; duration.--An appraisal conducted under
paragraph (1) shall--
(A) be submitted to the Secretary and the
Administration for approval; and
(B) remain valid for 3 years after the date on
which the appraisal is approved by the Secretary and
the Administration under subparagraph (A).
(5) Dispute resolution.--If, by the date that is 90 days
after the date of submission of an appraisal for review and
approval under paragraph (4)(A), the Secretary and the
Administration do not agree to accept the findings of the
appraisal with respect to any parcel of land or interest in
land to be exchanged, the dispute shall be resolved in
accordance with section 206(d)(2) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(d)(2)).
(b) Equalization of Values.--If the total value of the State land
described in paragraph (2) of the Agreement and the total value of the
Federal land and interests in Federal land described in paragraph (3)
of the Agreement, as determined under subsection (a), are not equal--
(1) the value shall be equalized in accordance with
paragraph (5) of the Agreement; and
(2) the conveyance of equalization parcels, in accordance
with paragraph (5) of the Agreement, shall occur not later than
45 days after the date of the identification of the appraised
equalization parcels or portions of parcels to be conveyed to
ensure that the exchange is of equal value.
SEC. 6. WITHDRAWALS.
(a) Withdrawal of Federal Land From Mineral Entry Prior to
Exchange.--Subject to valid existing rights, the Federal land and
interests in Federal land to be conveyed to the State under section
4(b) are withdrawn from mineral location, entry, and patent under the
mining laws pending conveyance of the Federal land and interests in
Federal land to the State.
(b) Withdrawal of State Land Conveyed to the United States.--
Subject to valid existing rights, on the date of acquisition by the
United States, the State land described in paragraph (2) of the
Agreement acquired by the United States under section 4(b), to the
extent not subject to previous withdrawals, is permanently withdrawn
from all forms of appropriation and disposal under--
(1) the public land laws (including the mining and mineral
leasing laws); and
(2) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(c) Withdrawal Revocation.--Any withdrawal of the parcels of
Federal land and interests in Federal land described in paragraph (3)
of the Agreement to be conveyed to the State under section 4(b) from
appropriation or disposal under a public land law shall be revoked to
the extent necessary to permit the conveyance of the Federal land
parcel to the State free of any encumbrances associated with power site
reserves or classifications.
SEC. 7. SUNNYSIDE, UTAH, WATER SUPPLY PROVISIONS.
The Act of January 7, 1921 (41 Stat. 1087, chapter 13), is amended
by adding at the end the following:
``SEC. 5. CERTAIN EXCLUSIONS.
``Notwithstanding any other provision of this Act, the provisions
of this Act of shall not apply to the following:
``(1) S\1/2\SW\1/4\ sec 34, T. 13 S., R. 14 E., of the Salt
Lake Meridian.
``(2) Lots 1-4, T. 14 S., R. 14 E., sec. 11, S\1/2\N\1/2\
and S\1/2\, of the Salt Lake Meridian.
``(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S\1/
2\NW\1/4\ and SW\1/4\, of the Salt Lake Meridian.
``(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE\1/4\,
W\1/2\, and N\1/2\SE\1/4\, of the Salt Lake Meridian.
``(5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake
Meridian.''.
<all>
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118S1406 | Targeting Child Predators Act of 2023 | [
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[From the U.S. Government Publishing Office]
[S. 1406 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1406
To amend title 18, United States Code, to provide a certification
process for the issuance of nondisclosure requirements accompanying
certain administrative subpoenas, to provide for judicial review of
such nondisclosure requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Kennedy (for himself, Mr. Cotton, Mr. Cruz, Mr. Ricketts, and Mr.
Cornyn) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide a certification
process for the issuance of nondisclosure requirements accompanying
certain administrative subpoenas, to provide for judicial review of
such nondisclosure 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 ``Targeting Child Predators Act of
2023''.
SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS.
Section 3486(a) of title 18, United States Code, is amended--
(1) by striking ``the Secretary of the Treasury'' each
place it appears and inserting ``the Secretary of Homeland
Security'';
(2) in paragraph (5), by striking ``ordered by a court'';
and
(3) in paragraph (6)--
(A) in subparagraph (A), by striking ``A United
States'' and inserting ``Except as provided in
subparagraph (D), a United States''; and
(B) by adding at the end the following:
``(D)(i)(I) If a subpoena issued under this section as described in
paragraph (1)(A)(i)(II) is accompanied by a certification under
subclause (II) of this clause and notice of the right to judicial
review under clause (iii) of this subparagraph, no recipient of such a
subpoena shall disclose to any person that the Federal official who
issued the subpoena has sought or obtained access to information or
records under this section, for a period of 180 days.
``(II) The requirements of subclause (I) shall apply if the Federal
official who issued the subpoena certifies that the absence of a
prohibition of disclosure under this subsection may result in--
``(aa) endangering the life or physical safety of an
individual;
``(bb) flight from prosecution;
``(cc) destruction of or tampering with evidence;
``(dd) intimidation of potential witnesses; or
``(ee) otherwise seriously jeopardizing an investigation.
``(ii)(I) A recipient of a subpoena under this section as described
in paragraph (1)(A)(i)(II) may disclose information otherwise subject
to any applicable nondisclosure requirement to--
``(aa) those persons to whom disclosure is necessary in
order to comply with the request;
``(bb) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(cc) other persons as permitted by the Federal official
who issued the subpoena.
``(II) A person to whom disclosure is made under subclause (I)
shall be subject to the nondisclosure requirements applicable to a
person to whom a subpoena is issued under this section in the same
manner as the person to whom the subpoena was issued.
``(III) Any recipient that discloses to a person described in
subclause (I) information otherwise subject to a nondisclosure
requirement shall notify the person of the applicable nondisclosure
requirement.
``(IV) At the request of the Federal official who issued the
subpoena, any person making or intending to make a disclosure under
item (aa) or (cc) of subclause (I) shall identify to the individual
making the request under this clause the person to whom such disclosure
will be made or to whom such disclosure was made prior to the request.
``(iii)(I) A nondisclosure requirement imposed under clause (i)
shall be subject to judicial review under section 3486A.
``(II) A subpoena issued under this section as described in
paragraph (1)(A)(i)(II), in connection with which a nondisclosure
requirement under clause (i) is imposed, shall include notice of the
availability of judicial review described in subclause (I).
``(iv) A nondisclosure requirement imposed under clause (i) may be
extended in accordance with section 3486A(a)(4).''.
SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by inserting after section 3486 the following:
``Sec. 3486A. Judicial review of nondisclosure requirements
``(a) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a subpoena under
section 3486 as described in subsection
(a)(1)(A)(i)(II) of section 3486 wishes to have a court
review a nondisclosure requirement imposed in
connection with the subpoena, the recipient may notify
the Government or file a petition for judicial review
in any court described in subsection (a)(5) of section
3486.
``(B) Application.--Not later than 30 days after
the date of receipt of a notification under
subparagraph (A), the Government shall apply for an
order prohibiting the disclosure of the existence or
contents of the relevant subpoena. An application under
this subparagraph may be filed in the district court of
the United States for the judicial district in which
the recipient of the subpoena is doing business or in
the district court of the United States for any
judicial district within which the authorized
investigation that is the basis for the subpoena is
being conducted. The applicable nondisclosure
requirement shall remain in effect during the pendency
of proceedings relating to the requirement.
``(C) Consideration.--A district court of the
United States that receives a petition under
subparagraph (A) or an application under subparagraph
(B) should rule expeditiously, and shall, subject to
paragraph (3), issue a nondisclosure order that
includes conditions appropriate to the circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof or a response to a
petition filed under paragraph (1) shall include a
certification from the Federal official who issued the subpoena
indicating that the absence of a prohibition of disclosure
under this subsection may result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure order or extension thereof under
this subsection if the court determines that there is reason to
believe that disclosure of the information subject to the
nondisclosure requirement during the applicable time period may
result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation.
``(4) Extension.--Upon a showing that the circumstances
described in subparagraphs (A) through (E) of paragraph (3)
continue to exist, a district court of the United States may
issue an ex parte order extending a nondisclosure order imposed
under this subsection or under section 3486(a)(6)(D) for
additional periods of 180 days, or, if the court determines
that the circumstances necessitate a longer period of
nondisclosure, for additional periods which are longer than 180
days.
``(b) Closed Hearings.--In all proceedings under this section,
subject to any right to an open hearing in a contempt proceeding, the
court must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report, or other
information made to any person or entity under section 3486. Petitions,
filings, records, orders, certifications, and subpoenas must also be
kept under seal to the extent and as long as necessary to prevent the
unauthorized disclosure of a subpoena under section 3486.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by inserting
after the item relating to section 3486 the following:
``3486A. Judicial review of nondisclosure requirements.''.
<all>
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118S1407 | A bill to amend the Small Business Act to eliminate certain requirements relating to the award of construction subcontracts within the county or State of performance. | [
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] | <p>This bill eliminates a requirement that, to the maximum extent practicable, certain construction subcontracts awarded by the Small Business Administration must be awarded within the county or state where the work is to be performed.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1407
To amend the Small Business Act to eliminate certain requirements
relating to the award of construction subcontracts within the county or
State of performance.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Sullivan (for himself, Ms. Murkowski, and Ms. Hirono) 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 eliminate certain requirements
relating to the award of construction subcontracts within the county or
State of performance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIMINATION OF REQUIREMENT RELATING TO AWARD OF CONSTRUCTION
SUBCONTRACTS WITHIN COUNTY OR STATE OF PERFORMANCE.
Paragraph (11) of section 8(a) of the Small Business Act (15 U.S.C.
637(a)) is repealed.
<all>
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118S1408 | Ending Forced Arbitration of Race Discrimination Act of 2023 | [
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1408 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1408
To amend title 9, United States Code, with respect to arbitration of
disputes involving race discrimination.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Booker (for himself, Mrs. Gillibrand, and Mr. Durbin) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To amend title 9, United States Code, with respect to arbitration of
disputes involving race discrimination.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Forced Arbitration of Race
Discrimination Act of 2023''.
SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING RACE
DISCRIMINATION.
(a) In General.--Title 9, United States Code, is amended by adding
at the end the following:
``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING RACE DISCRIMINATION
``Sec.
``501. Definitions.
``502. No validity or enforceability.
``Sec. 501. Definitions
``In this chapter:
``(1) Predispute arbitration agreement; predispute joint-
action waiver.--The terms `predispute arbitration agreement'
and `predispute joint-action waiver' have the meanings given
the terms in section 401.
``(2) Race discrimination dispute.--The term `race
discrimination dispute' means a dispute relating to conduct
that is alleged to constitute discrimination (including
harassment), or retaliation, on the basis of race, color, or
national origin under applicable Federal, Tribal, State, or
local law.
``Sec. 502. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of this
title, at the election of the person alleging conduct constituting a
race discrimination dispute, or the named representative of a class or
in a collective action alleging such conduct, no predispute arbitration
agreement or predispute joint-action waiver shall be valid or
enforceable with respect to a case which is filed under Federal,
Tribal, State, or local law and relates to the race discrimination
dispute.
``(b) Determination of Applicability.--An issue as to whether this
chapter applies with respect to a dispute shall be determined under
Federal law. The applicability of this chapter to an agreement to
arbitrate and the validity and enforceability of an agreement to which
this chapter applies shall be determined by a court, rather than an
arbitrator, irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in conjunction
with other terms of the contract containing such agreement, and
irrespective of whether the agreement purports to delegate such
determinations to an arbitrator.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9, United States Code is amended--
(A) in section 2, by inserting ``or 5'' before the
period at the end;
(B) in section 208, in the second sentence, by
inserting ``or 5'' before the period at the end; and
(C) in section 307, in the second sentence, by
inserting ``or 5'' before the period at the end.
(2) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``5. Arbitration of disputes involving race discrimination. 501.''.
SEC. 3. APPLICABILITY.
This Act, and the amendments made by this Act, shall apply with
respect to any dispute or claim that arises or accrues on or after the
date of enactment of this Act.
<all>
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118S1409 | Kids Online Safety Act | [
[
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"Sen. Blumenthal, Richard [D-CT]",
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[
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"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
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"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
],
[
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1409 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1409
To protect the safety of children on the internet.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Blumenthal (for himself, Mrs. Blackburn, Mr. Lujan, Mrs. Capito,
Ms. Baldwin, Mr. Cassidy, Ms. Klobuchar, Ms. Ernst, Mr. Peters, Mr.
Daines, Mr. Hickenlooper, Mr. Rubio, Mr. Warner, Mr. Sullivan, Mr.
Coons, Mr. Young, Mr. Schatz, Mr. Grassley, Mr. Murphy, Mr. Graham, Mr.
Welch, Mr. Marshall, Ms. Hassan, Mrs. Hyde-Smith, Mr. Durbin, Mr.
Mullin, Mr. Casey, Mr. Risch, Mr. Whitehouse, Mrs. Britt, Mr. Scott of
Florida, Ms. Lummis, and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To protect the safety of children on the internet.
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 ``Kids Online Safety
Act''.
(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. Duty of care.
Sec. 4. Safeguards for minors.
Sec. 5. Disclosure.
Sec. 6. Transparency.
Sec. 7. Independent research.
Sec. 8. Market research.
Sec. 9. Age verification study and report.
Sec. 10. Guidance.
Sec. 11. Enforcement.
Sec. 12. Kids online safety council.
Sec. 13. Effective date.
Sec. 14. Rules of construction and other matters.
Sec. 15. Severability.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Compulsive usage.--The term ``compulsive usage'' means
any response stimulated by external factors that causes an
individual to engage in repetitive behavior reasonably likely
to cause psychological distress, loss of control, anxiety,
depression, or harmful stress responses.
(3) Covered platform.--
(A) In general.--The term ``covered platform''
means a social media service, social network, online
video game (including educational games), messaging
application, video streaming service, or an online
platform that connects to the internet and that is
used, or is reasonably likely to be used, by a minor.
(B) Exceptions.--The term ``covered platform'' does
not include--
(i) an entity acting in its capacity as a
provider of--
(I) a common carrier service
subject to the Communications Act of
1934 (47 U.S.C. 151 et seq.) and all
Acts amendatory thereof and
supplementary thereto;
(II) a broadband internet access
service (as such term is defined for
purposes of section 8.1(b) of title 47,
Code of Federal Regulations, or any
successor regulation);
(III) an email service; or
(IV) a wireless messaging service
provided through the short messaging
service or multimedia messaging service
protocols;
(ii) an organization not organized to carry
on business for its own profit or that of its
members;
(iii) any public or private preschool,
elementary, or secondary school, or any
institution of vocational, professional, or
higher education; or
(iv) a product or service that primarily
functions as business-to-business software.
(4) Mental health disorder.--The term ``mental health
disorder'' has the meaning given the term ``mental disorder''
in the Diagnostic and Statistical Manual of Mental Health
Disorders, 5th Edition (or the most current successor edition).
(5) Minor.--The term ``minor'' means an individual who is
under the age of 17.
(6) Online platform.--The term ``online platform'' means
any public-facing website, online service, online application,
or mobile application that predominantly provides a community
forum for user generated content, including sharing videos,
images, games, audio files, or other content.
(7) Parent.--The term ``parent'' includes a legal guardian
or an individual with legal custody over a minor.
(8) Personal data.--The term ``personal data'' means
information that identifies or is linked or reasonably linkable
to a particular minor, including a consumer device identifier
associated with a minor.
(9) Personalized recommendation system.--The term
``personalized recommendation system'' means a fully or
partially automated system used to suggest, promote, or rank
information based on the personal data of users.
(10) Sexual exploitation and abuse.--The term ``sexual
exploitation and abuse'' means any of the following:
(A) Coercion and enticement, as described in
section 2422 of title 18, United States Code.
(B) Child sexual abuse material, as described in
sections 2251, 2252, 2252A, and 2260 of title 18,
United States Code.
(C) Trafficking for the production of images, as
described in section 2251A of title 18, United States
Code.
(D) Sex trafficking of children, as described in
section 1591 of title 18, United States Code.
(11) Targeted advertising.--
(A) In general.--The term ``targeted advertising''
means displaying an advertisement to an individual
where the advertisement is selected based on personal
data about the individual to predict the individual's
preferences and interests.
(B) Exclusions.--Such term does not include--
(i) advertising or marketing directed to an
individual in response to the individual's
request for information or express selection of
a product or service;
(ii) contextual advertising where an
advertisement is displayed to an individual
based on the content in which the advertisement
appears and does not vary based on who the
individual is; or
(iii) processing personal data solely to
measure or report advertising performance,
reach, or frequency.
SEC. 3. DUTY OF CARE.
(a) Prevention of Harm to Minors.--A covered platform shall act in
the best interests of a user that the platform knows or reasonably
should know is a minor by taking reasonable measures in its design and
operation of products and services to prevent and mitigate the
following:
(1) Consistent with evidence-informed medical information,
the following mental health disorders: anxiety, depression,
eating disorders, substance use disorders, and suicidal
behaviors.
(2) Patterns of use that indicate or encourage addiction-
like behaviors.
(3) Physical violence, online bullying, and harassment of
the minor.
(4) Sexual exploitation and abuse.
(5) Promotion and marketing of narcotic drugs (as defined
in section 102 of the Controlled Substances Act (21 U.S.C.
802)), tobacco products, gambling, or alcohol.
(6) Predatory, unfair, or deceptive marketing practices, or
other financial harms.
(b) Limitation.--Nothing in subsection (a) shall be construed to
require a covered platform to prevent or preclude--
(1) any minor from deliberately and independently searching
for, or specifically requesting, content; or
(2) the covered platform or individuals on the platform
from providing resources for the prevention or mitigation of
suicidal behaviors, substance use, and other harms, including
evidence-informed information and clinical resources.
SEC. 4. SAFEGUARDS FOR MINORS.
(a) Safeguards for Minors.--
(1) Safeguards.--A covered platform shall provide an
individual that the covered platform knows or reasonably should
know is a minor with readily accessible and easy-to-use
safeguards to, as applicable--
(A) limit the ability of other individuals to
communicate with the minor;
(B) prevent other users, whether registered or not,
from viewing the minor's personal data collected by or
shared on the covered platform, in particular
restricting public access to personal data;
(C) limit features that increase, sustain, or
extend use of the covered platform by the minor, such
as automatic playing of media, rewards for time spent
on the platform, notifications, and other features that
result in compulsive usage of the covered platform by
the minor;
(D) control personalized recommendation systems,
including the right to--
(i) opt out of such personalized
recommendation systems, while still allowing
the display of content based on a chronological
format; or
(ii) limit types or categories of
recommendations from such systems; and
(E) restrict the sharing of the geolocation of the
minor and provide notice regarding the tracking of the
minor's geolocation.
(2) Options.--A covered platform shall provide an
individual that the covered platform knows or reasonably should
know is a minor with readily accessible and easy-to-use options
to--
(A) delete the minor's account and delete any
personal data collected from, or shared by, the minor
on the covered platform; or
(B) limit the amount of time spent by the minor on
the covered platform.
(3) Default safeguard settings for minors.--A covered
platform shall provide that, in the case of a user that the
platform knows or reasonably should know is a minor, the
default setting for any safeguard described under paragraph (1)
shall be the option available on the platform that provides the
most protective level of control that is offered by the
platform over privacy and safety for that user.
(b) Parental Tools.--
(1) Tools.--A covered platform shall provide readily
accessible and easy-to-use settings for parents to support an
individual that the platform knows or reasonably should know is
a minor with respect to the individual's use of the platform.
(2) Requirements.--The parental tools provided by a covered
platform shall include--
(A) the ability to manage a minor's privacy and
account settings, including the safeguards and options
established under subsection (a), in a manner that
allows parents to--
(i) view the privacy and account settings;
and
(ii) in the case of a user that the
platform knows or reasonably should know is a
child, change and control the privacy and
account settings;
(B) the ability to restrict purchases and financial
transactions by the minor, where applicable; and
(C) the ability to view metrics of total time spent
on the platform.
(3) Notice to minors.--A covered platform shall provide
clear and conspicuous notice to an individual that the platform
knows or reasonably should know is a minor when tools described
in this subsection are in effect and what settings or controls
have been applied.
(4) Default tools.--A covered platform shall provide that,
in the case of a user that the platform knows or reasonably
should know is a child, the tools described in this subsection
shall be enabled by default.
(c) Reporting Mechanism.--
(1) Reports submitted by parents, minors, and schools.--A
covered platform shall provide--
(A) a readily accessible and easy-to-use means to
submit reports to the covered platform of harms to
minors;
(B) an electronic point of contact specific to
matters involving harms to a minor; and
(C) confirmation of the receipt of such a report
and a means to track a submitted report.
(2) Timing.--A covered platform shall establish an internal
process to receive and substantively respond to reports in a
reasonable and timely manner, but in no case later than--
(A) 7 days after the receipt of a report, if, for
the most recent calendar year, the platform averaged
more than 10,000,000 active users on a monthly basis in
the United States;
(B) 21 days after the receipt of a report, if, for
the most recent calendar year, the platform averaged
less than 10,000,000 active users on a monthly basis in
the United States; and
(C) notwithstanding subparagraphs (A) and (B), if
the report involves an imminent threat to the safety of
a minor, as promptly as needed to address the reported
threat to safety.
(d) Advertising of Illegal Products.--A covered platform shall not
facilitate the advertising of narcotic drugs (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)), tobacco products,
gambling, or alcohol to an individual that the covered platform knows
or reasonably should know is a minor.
(e) Application.--
(1) Accessibility.--With respect to safeguards and parental
controls described under subsections (a) and (b), a covered
platform shall provide--
(A) information and control options in a clear and
conspicuous manner that takes into consideration the
differing ages, capacities, and developmental needs of
the minors most likely to access the covered platform
and does not encourage minors or parents to weaken or
disable safeguards or parental controls;
(B) readily accessible and easy-to-use controls to
enable or disable safeguards or parental controls, as
appropriate; and
(C) information and control options in the same
language, form, and manner as the covered platform
provides the product or service used by minors and
their parents.
(2) Dark patterns prohibition.--It shall be unlawful for
any covered platform to design, modify, or manipulate a user
interface of a covered platform with the purpose or substantial
effect of subverting or impairing user autonomy, decision-
making, or choice in order to weaken or disable safeguards or
parental controls required under this section.
(3) Rules of construction.--Nothing in this section shall
be construed to--
(A) prevent a covered platform from taking
reasonable measures to--
(i) block, detect, or prevent the
distribution of unlawful, obscene, or other
harmful material to minors as described in
section 3(a); or
(ii) block or filter spam, prevent criminal
activity, or protect the security of a platform
or service; or
(B) require the disclosure of a minor's browsing
behavior, search history, messages, contact list, or
other content or metadata of their communications.
SEC. 5. DISCLOSURE.
(a) Notice.--
(1) Registration.--Prior to registration or purchase of a
covered platform by an individual that the platform knows or
reasonably should know is a minor, the platform shall provide
clear, conspicuous, and easy-to-understand--
(A) notice of the policies and practices of the
covered platform with respect to personal data and
safeguards for minors;
(B) information about how to access the safeguards
and parental tools required under section 4; and
(C) notice about whether the covered platform,
including any personalized recommendation systems used
by the platform, pose any heightened risks of harms to
minors.
(2) Parental notification.--
(A) Notice and acknowledgment.--In the case of an
individual that a covered platform knows or reasonably
should know is a child, the platform shall additionally
provide information about the parental tools and
safeguards required under section 4 to a parent of the
child and obtain express affirmative acknowledgment
from the parent prior to the initial use of the covered
platform by the child.
(B) Reasonable effort.--A covered platform shall be
deemed to have satisfied the requirement described in
subparagraph (A) if the covered platform has undertaken
a reasonable effort (taking into consideration
available technology) to ensure a parent receives the
information described in such subparagraph and to
obtain a parent's express affirmative acknowledgment.
(3) Consolidated notices.--A covered platform may
consolidate the process for providing information and (if
applicable) obtaining parental acknowledgment as required under
this subsection with its obligations to obtain consent for data
privacy practices, provided the content of the notice meets the
requirements of this subsection.
(4) Rulemaking.--The Federal Trade Commission may issue
rules pursuant to section 553 of title 5, United States Code,
to establish templates or models of short-form notices that
include the minimum level of information and labels necessary
for the disclosures required under paragraph (1).
(b) Personalized Recommendation System.--A covered platform that
operates personalized recommendation systems shall set out in its terms
and conditions, in a clear, conspicuous, and easy-to-understand
manner--
(1) an overview of how those personalized recommendation
systems are used by the covered platform to provide information
to users of the platform who are minors, including how such
systems use the personal data of minors; and
(2) information about options for minors or their parents
to control personalized recommendation systems (including by
opting out of such systems).
(c) Advertising and Marketing Information and Labels.--
(1) Information and labels.--A covered platform that
facilitates advertising aimed at users that the platform knows
or reasonably should know are minors shall provide clear,
conspicuous, and easy-to-understand information and labels to
minors on advertisements regarding--
(A) the name of the product, service, or brand and
the subject matter of an advertisement;
(B) why the minor is being targeted for a
particular advertisement if the covered platform
engages in targeted advertising, including material
information about how the minor's personal data was
used to target the advertisement; and
(C) whether particular media displayed to the minor
is an advertisement or marketing material, including
disclosure of endorsements of products, services, or
brands made for commercial consideration by other users
of the platform.
(2) Rulemaking.--The Federal Trade Commission may issue
rules pursuant to section 553 of title 5, United States Code,
to establish templates or models of short-form notices that
include the minimum level of information and labels necessary
for the disclosures required under paragraph (1).
(d) Resources for Parents and Minors.--A covered platform shall
provide to minors and parents clear, conspicuous, easy-to-understand,
and comprehensive information in a prominent location regarding--
(1) its policies and practices with respect to personal
data and safeguards for minors; and
(2) how to access the safeguards and tools required under
section 4.
(e) Resources in Additional Languages.--A covered platform shall
ensure, to the extent practicable, that the disclosures required by
this section are made available in the same language, form, and manner
as the covered platform provides any product or service used by minors
and their parents.
SEC. 6. TRANSPARENCY.
(a) In General.--Subject to subsection (b), not less frequently
than once a year, a covered platform shall issue a public report
identifying the reasonably foreseeable risk of material harms to minors
and describing the prevention and mitigation measures taken to address
such risk based on an independent, third-party audit conducted through
reasonable inspection of the covered platform.
(b) Scope of Application.--The requirements of this section shall
apply to a covered platform if--
(1) for the most recent calendar year, the platform
averaged more than 10,000,000 active users on a monthly basis
in the United States; and
(2) the platform predominantly provides a community forum
for user-generated content and discussion, including sharing
videos, images, games, audio files, discussion in a virtual
setting, or other content, such as acting as a social media
platform, virtual reality environment, or a social network
service.
(c) Content.--
(1) Transparency.--The public reports required of a covered
platform under this section shall include--
(A) an assessment of the extent to which the
platform is likely to be accessed by minors;
(B) a description of the commercial interests of
the covered platform in use by minors;
(C) an accounting, based on the data held by the
covered platform, of--
(i) the number of individuals using the
covered platform reasonably believed to be
minors in the United States, disaggregated by
the age ranges of 0-5, 6-9, 10-12, and 13-16;
and
(ii) the median and mean amounts of time
spent on the platform by minors in the United
States who have accessed the platform during
the reporting year on a daily, weekly, and
monthly basis, disaggregated by the age ranges
of 0-5, 6-9, 10-12, and 13-16;
(D) an accounting of total reports received
regarding, and the prevalence (which can be based on
scientifically valid sampling methods using the content
available to the covered platform in the normal course
of business) of content related to, the harms described
in section 3(a), disaggregated by category of harm; and
(E) a description of any material breaches of
parental tools or assurances regarding minors,
representations regarding the use of the personal data
of minors, and other matters regarding non-compliance.
(2) Systemic risks assessment.--The public reports required
of a covered platform under this section shall include--
(A) an assessment of the reasonably foreseeable
risk of harms to minors posed by the covered platform,
including identifying any other physical, mental,
developmental, or financial harms in addition to those
described in section 3(a);
(B) an assessment of how recommendation systems and
targeted advertising systems can contribute to harms to
minors;
(C) a description of whether and how the covered
platform uses system design features that increase,
sustain, or extend use of a product or service by a
minor, such as automatic playing of media, rewards for
time spent, and notifications;
(D) a description of whether, how, and for what
purpose the platform collects or processes categories
of personal data that may cause reasonably foreseeable
risk of harms to minors;
(E) an evaluation of the efficacy of safeguards for
minors under section 4, and any issues in delivering
such safeguards and the associated parental tools; and
(F) an evaluation of any other relevant matters of
public concern over risk of harms to minors.
(3) Mitigation.--The public reports required of a covered
platform under this section shall include--
(A) a description of the safeguards and parental
tools available to minors and parents on the covered
platform;
(B) a description of interventions by the covered
platform when it had or has reason to believe that
harms to minors could occur;
(C) a description of the prevention and mitigation
measures intended to be taken in response to the known
and emerging risks identified in its assessment of
system risks, including steps taken to--
(i) prevent harms to minors, including
adapting or removing system design features or
addressing through parental controls;
(ii) provide the most protective level of
control over privacy and safety by default; and
(iii) adapt recommendation systems to
prioritize the best interests of users who are
minors, as described in section 3(a);
(D) a description of internal processes for
handling reports and automated detection mechanisms for
harms to minors, including the rate, timeliness, and
effectiveness of responses under the requirement of
section 4(c);
(E) the status of implementing prevention and
mitigation measures identified in prior assessments;
and
(F) a description of the additional measures to be
taken by the covered platform to address the
circumvention of safeguards for minors and parental
tools.
(d) Reasonable Inspection.--In conducting an inspection of the
systemic risks of harm to minors under this section, an independent,
third-party auditor shall--
(1) take into consideration the function of recommendation
systems;
(2) consult parents and youth experts, including youth and
families with relevant past or current experience, public
health and mental health nonprofit organizations, health and
development organizations, and civil society with respect to
the prevention of harms to minors;
(3) conduct research based on experiences of minors that
use the covered platform, including reports under section 4(c)
and information provided by law enforcement;
(4) take account of research, including research regarding
system design features, marketing, or product integrity,
industry best practices, or outside research; and
(5) consider indicia or inferences of age of users, in
addition to any self-declared information about the age of
individuals.
(e) Cooperation With Independent, Third-Party Audit.--To facilitate
the report required by subsection (c), a covered platform shall--
(1) provide or otherwise make available to the independent
third-party conducting the audit all information and material
in its possession, custody, or control that is relevant to the
audit;
(2) provide or otherwise make available to the independent
third-party conducting the audit access to all network,
systems, and assets relevant to the audit; and
(3) disclose all relevant facts to the independent third-
party conducting the audit, and not misrepresent in any manner,
expressly or by implication, any relevant fact.
(f) Privacy Safeguards.--
(1) In issuing the public reports required under this
section, a covered platform shall take steps to safeguard the
privacy of its users, including ensuring that data is presented
in a de-identified, aggregated format such that it is
reasonably impossible for the data to be linked back to any
individual user.
(2) This section shall not be construed to require the
disclosure of information that will lead to material
vulnerabilities for the privacy of users or the security of a
covered platform's service or create a significant risk of the
violation of Federal or State law.
(g) Location.--The public reports required under this section
should be posted by a covered platform on an easy to find location on a
publicly available website.
SEC. 7. INDEPENDENT RESEARCH.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) De-identified data.--The term ``de-identified data''
means information--
(A) that does not identify and is not linked or
reasonably linkable to an individual or an individual's
device; and
(B) with respect to which a covered platform or
researcher takes reasonable technical and contractual
measures to ensure that the information is not used to
re-identify any individual or individual's device.
(3) Eligible researcher.--
(A) In general.--The term ``eligible researcher''
means an individual or group of individuals affiliated
with or employed by--
(i) an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)); or
(ii) a nonprofit organization described in
section 501(c)(3) of the Internal Revenue Code
of 1986.
(B) Limitation.--Such term shall not include an
individual or group of individuals that is--
(i) not located in the United States; or
(ii) affiliated with the government of a
foreign adversary (as defined in section
8(c)(2) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1607(c)(2))).
(4) Independent research.--The term ``independent
research'' means the scientific or historical analysis of
information that is performed for the primary purpose of
advancing understanding, knowledge, and remedies regarding the
harms to minors described in section 3(a).
(5) Noncommercial purpose.--The term ``noncommercial
purpose'' means a purpose that does not involve any direct or
indirect use of data sets for the sale, resale, solicitation,
rental, or lease of a service, or any use by which the user
expects a profit, including the sale to the general public of a
publication containing independent research.
(6) Program.--The term ``Program'' means the program
established under subsection (b)(1).
(7) Qualified researcher.--The term ``qualified
researcher'' means an eligible researcher who is approved by
the Assistant Secretary to conduct independent research
regarding harms to minors under the Program.
(b) Independent Research Program Relating to Identified Harms to
Minors.--
(1) Establishment.--Subject to paragraph (2), the Assistant
Secretary shall establish a program, with public notice and an
opportunity to comment, under which an eligible researcher may
apply for, and a covered platform shall provide, access to data
sets from the covered platform for the sole purpose of
conducting independent research regarding the harms described
in section 3(a).
(2) Scope of application.--The requirements of this
subsection shall apply to a covered platform if--
(A) for the most recent calendar year, the platform
averaged more than 10,000,000 active users on a monthly
basis in the United States; and
(B) the platform predominantly provides a community
forum for user generated content and discussion,
including sharing videos, images, games, audio files,
discussion in a virtual setting, or other content, such
as acting as a social media platform, virtual reality
environment, or social network service.
(3) Processes, procedures, and standards.--Not later than 1
year after the date of enactment of this Act, the Assistant
Secretary shall establish for the program established under
this subsection--
(A) definitions for data sets (related to harms
described in section 3(a)) that qualify for disclosure
to researchers under the program and standards of
access for data sets to be provided under the program;
(B) a process by which an eligible researcher may
submit an application described in paragraph (1);
(C) an appeals process for eligible researchers to
appeal adverse decisions on applications described in
paragraph (1) (including a decision to grant an appeal
under paragraph (4)(C));
(D) procedures for implementation of the program,
including methods for--
(i) participation by covered platforms;
(ii) evaluation of researcher proposals for
alignment with program objectives and scoping;
and
(iii) verification by the Assistant
Secretary of the credentials of eligible
researchers and processes for the application
or disqualification to participate in the
program;
(E) standards for privacy, security, and
confidentiality required to participate in the program,
including rules to ensure that the privacy and safety
of users is not infringed by the program;
(F) a mechanism to allow individuals to control the
use of their personal data under the program, including
the ability to opt out of the program;
(G) standards for transparency regarding the
operation and administration of the program; and
(H) rules to prevent requests for data sets that
present financial conflicts of interest, including
efforts by covered platforms to gain a competitive
advantage by directly funding data access requests, the
use of qualified researcher status for commercial gain,
or efforts by covered platforms to obtain access to
intellectual property that is otherwise protected by
law.
(4) Duties and rights of covered platforms.--
(A) Access to data sets.--
(i) In general.--If the Assistant Secretary
approves an application under paragraph (1)
with respect to a covered platform, the covered
platform shall, in a timely manner, provide the
qualified researcher with access to data sets
necessary to conduct independent research
described in that paragraph.
(ii) Limitations.--Nothing in this section
shall be construed to require a covered
platform to provide access to data sets that
are intellectual property protected by Federal
law, trade secrets, or commercial or financial
information.
(iii) Form of access.--A covered platform
shall provide to a qualified researcher access
to data sets under clause (i) through online
databases, application programming interfaces,
and data files as appropriate.
(B) Nondisclosure agreement.--A covered platform
may require, as a condition of access to the data sets
of the covered platform, that a qualified researcher
enter into a nondisclosure agreement restricting the
release of data sets, provided that--
(i) the agreement does not restrict the
publication or discussion regarding the
qualified researcher's findings; and
(ii) the terms of the agreement allow the
qualified researcher to provide the original
agreement or a copy of the agreement to the
Assistant Secretary.
(C) Appeal.--
(i) Agency appeal.--A covered platform may
appeal the granting of an application under
paragraph (1) on the grounds that, and the
Assistant Secretary shall grant such appeal
if--
(I) the covered platform does not
have access to the requested data sets
or the requested data sets are not
reasonably tailored to application; or
(II) providing access to the data
sets will lead to material
vulnerabilities for the privacy of
users or the security of the covered
platform's service or create a
significant risk of the violation of
Federal or state law.
(ii) Judicial review.--A decision of the
Assistant Secretary with respect to an appeal
under clause (i) shall be considered to be a
final agency action for purposes of judicial
review under chapter 7 of title 5, United
States Code.
(iii) Alternative means of fulfillment.--As
part of an appeal under clause (i) that is made
on the basis of subclause (II) of such clause,
a covered platform shall propose one or more
alternative data sets or means of accessing the
requested data sets that are appropriate and
sufficient to fulfill the purpose of the
application, or shall explain why there are no
alternative data sets or means of access which
acceptably mitigate the applicable privacy,
security, or legal concerns.
(D) Timing.--A covered platform for which this
provision applies shall participate in the program
established under this subsection no later than two
years after enactment of this Act.
(5) Application requirements.--In order to be approved to
access data sets from a covered platform, an eligible
researcher shall, in the application submitted under paragraph
(1)--
(A) explain the purpose for which the independent
research is undertaken;
(B) commit to conduct the research for
noncommercial purposes;
(C) demonstrate a proven record of expertise on the
proposed research topic and related research
methodologies;
(D) if the eligible researcher is seeking access to
data sets that include personal data, explain why the
data sets are requested, and the means through which
such data sets shall be accessed are the least
sensitive and the most privacy-protective means that
will permit completion of the research and not
compromise the privacy or safety of users; and
(E) commit to fulfill, and demonstrate a capacity
to fulfill, the specific data security and
confidentiality requirements corresponding to the
application.
(6) Privacy and duty of confidentiality.--
(A) Researcher confidentiality.--To protect user
privacy, a qualified researcher shall keep data sets
provided by a covered platform under the program
confidential and secure to the specifications set forth
under the program rules and the approved application.
(B) Platform confidentiality.--A covered platform
shall use reasonable measures to enable researcher
access to data sets under the program in a secure and
privacy-protective manner, including through the de-
identification of personal data or use of other
privacy-enhancing technologies.
(C) Federal agencies.--Nothing in this subsection
shall be construed to authorize--
(i) a Federal agency to seek access to the
data of a covered platform through the program;
or
(ii) a qualified researcher to transfer or
share any data sets provided by a covered
platform under the program with a Federal
agency.
(D) Security.--Nothing in this subsection shall be
construed in a manner that would result in data sets
from a covered platform being transferred to the
Government of the People's Republic of China or the
government of another foreign adversary (as defined in
section 8(c)(2) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1607(c)(2))).
(c) Safe Harbor for Collection of Data for Independent Research
Regarding Identified Harms to Minors.--If, in the course of conducting
independent research for noncommercial purposes regarding harms
described in section 3(a) (without regard to whether such research is
conducted under the program), an eligible researcher collects or uses
data from a covered platform in a manner that violates the terms of
service of the platform, no cause of action based on such violation
shall lie or be maintained in any court against such researcher unless
the violation relates to the failure of the researcher to take
reasonable measures to protect user privacy and security.
(d) Rulemaking.--The Assistant Secretary, in consultation with the
Secretary of Commerce, the Director of the National Institute of
Standards and Technology, the Director of the National Science
Foundation, and the Director of the National Institutes of Health shall
promulgate rules in accordance with section 553 of title 5, United
States Code, as necessary to implement this section.
SEC. 8. MARKET RESEARCH.
(a) Market Research by Covered Platforms.--The Federal Trade
Commission, in consultation with the Secretary of Commerce, shall issue
guidance for covered platforms seeking to conduct market- and product-
focused research on minors. Such guidance shall include--
(1) a standard consent form that provides minors and their
parents a clear, conspicuous, and easy-to-understand
explanation of the scope and purpose of the research to be
conducted, and provides an opportunity for informed consent;
and
(2) recommendations for research practices for studies that
may include minors, disaggregated by the age ranges of 0-5, 6-
9, 10-12, and 13-16.
(b) Timing.--The Federal Trade Commission shall issue such guidance
not later than 18 months after the date of enactment of this Act. In
doing so, they shall seek input from members of the public and the
representatives of the Kids Online Safety Council established under
section 12.
SEC. 9. AGE VERIFICATION STUDY AND REPORT.
(a) Study.--The Director of the National Institute of Standards and
Technology, in coordination with the Federal Communications Commission,
Federal Trade Commission, and the Secretary of Commerce, shall conduct
a study evaluating the most technologically feasible methods and
options for developing systems to verify age at the device or operating
system level.
(b) Contents.--Such study shall consider --
(1) the benefits of creating a device or operating system
level age verification system;
(2) what information may need to be collected to create
this type of age verification system;
(3) the accuracy of such systems and their impact or steps
to improve accessibility, including for individuals with
disabilities;
(4) how such a system or systems could verify age while
mitigating risks to user privacy and data security and
safeguarding minors' personal data, emphasizing minimizing the
amount of data collected and processed by covered platforms and
age verification providers for such a system; and
(5) the technical feasibility, including the need for
potential hardware and software changes, including for devices
currently in commerce and owned by consumers.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the agencies described in subsection (a) shall submit a
report containing the results of the study conducted under such
subsection to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the House of
Representatives.
SEC. 10. GUIDANCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Trade Commission, in consultation
with the Kids Online Safety Council established under section 12, shall
issue guidance to--
(1) provide information and examples for covered platforms
and auditors regarding--
(A) identifying features that are used to increase,
sustain, or extend use of the covered platform by a
minor;
(B) safeguarding minors against the possible misuse
of parental tools;
(C) best practices in providing minors and parents
the most protective level of control over privacy and
safety;
(D) using indicia or inferences of age of users for
assessing use of the covered platform by minors;
(E) methods for evaluating the efficacy of
safeguards; and
(F) providing additional control options that allow
parents to address the harms described in section 3(a);
and
(2) outline conduct that does not have the purpose or
substantial effect of subverting or impairing user autonomy,
decision-making, or choice, or of causing, increasing, or
encouraging compulsive usage for a minor, such as--
(A) de minimis user interface changes derived from
testing consumer preferences, including different
styles, layouts, or text, where such changes are not
done with the purpose of weakening or disabling
safeguards or parental controls;
(B) algorithms or data outputs outside the control
of a covered platform; and
(C) establishing default settings that provide
enhanced privacy protection to users or otherwise
enhance their autonomy and decision-making ability.
(b) Guidance to Schools.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Education, in consultation
with the Federal Trade Commission and the Kids Online Safety Council
established under section 12, shall issue guidance to assist to assist
elementary and secondary schools in using the notice, safeguards and
tools provided under this Act and providing information on online
safety for students and teachers.
(c) Limitation on Federal Trade Commission Guidance.--
(1) Effect of guidance.--No guidance issued by the Federal
Trade Commission with respect to this Act shall--
(A) confer any rights on any person, State, or
locality; or
(B) operate to bind the Federal Trade Commission or
any person to the approach recommended in such
guidance.
(2) Use in enforcement actions.--In any enforcement action
brought pursuant to this Act, the Federal Trade Commission--
(A) shall allege a violation of a provision of this
Act; and
(B) may not base such enforcement action on, or
execute a consent order based on, practices that are
alleged to be inconsistent with guidance issued by the
Federal Trade Commission with respect to this Act,
unless the practices are alleged to violate a provision
of this Act.
SEC. 11. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act 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 the commission.--
(A) In general.--The Federal Trade Commission
(referred to in this section as the ``Commission'')
shall enforce this Act and any regulation promulgated
under 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.--Any person that
violates this Act or a regulation promulgated under
this Act shall be subject to the penalties, and
entitled to the privileges and immunities, provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
(b) Enforcement by State Attorneys General.--
(1) In general.--
(A) Civil actions.--In any case in which the
attorney general of a State has reason to believe that
an interest of the residents of that State has been or
is threatened or adversely affected by the engagement
of any person in a practice that violates this Act or a
regulation promulgated under this Act, the State, as
parens patriae, may bring a civil action on behalf of
the residents of the State in a district court of the
United States or a State court of appropriate
jurisdiction to--
(i) enjoin that practice;
(ii) enforce compliance with this Act or
such regulation;
(iii) on behalf of residents of the State,
obtain damages, restitution, or other
compensation, each of which shall be
distributed in accordance with State law; or
(iv) obtain such other relief as the court
may consider to be appropriate.
(B) Notice.--
(i) In general.--Before filing an action
under subparagraph (A), the attorney general of
the State involved shall provide to the
Commission--
(I) written notice of that action;
and
(II) a copy of the complaint for
that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall
not apply with respect to the filing of
an action by an attorney general of a
State under this paragraph if the
attorney general of the State
determines that it is not feasible to
provide the notice described in that
clause before the filing of the action.
(II) Notification.--In an action
described in subclause (I), the
attorney general of a State shall
provide notice and a copy of the
complaint to the Commission at the same
time as the attorney general files the
action.
(2) Intervention.--
(A) In general.--On receiving notice under
paragraph (1)(B), the Commission shall have the right
to intervene in the action that is the subject of the
notice.
(B) Effect of intervention.--If the Commission
intervenes in an action under paragraph (1), it shall
have the right--
(i) to be heard with respect to any matter
that arises in that action; and
(ii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary and other evidence.
(4) Actions by the commission.--In any case in which an
action is instituted by or on behalf of the Commission for
violation of this Act or a regulation promulgated under this
Act, no State may, during the pendency of that action,
institute a separate action under paragraph (1) against any
defendant named in the complaint in the action instituted by or
on behalf of the Commission for that violation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) a State court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1) in a district court of the United States,
process may be served wherever defendant--
(i) is an inhabitant; or
(ii) may be found.
SEC. 12. KIDS ONLINE SAFETY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce shall establish and
convene the Kids Online Safety Council for the purpose of providing
advice on matters related to this Act.
(b) Participation.--The Kids Online Safety Council shall include
diverse participation from--
(1) academic experts, health professionals, and members of
civil society with expertise in mental health, substance use
disorders, and the prevention of harms to minors;
(2) representatives in academia and civil society with
specific expertise in privacy and civil liberties;
(3) parents and youth representation;
(4) representatives of covered platforms;
(5) representatives of the National Telecommunications and
Information Administration, the National Institute of Standards
and Technology, the Federal Trade Commission, the Department of
Justice, and the Department of Health and Human Services;
(6) State attorneys general or their designees acting in
State or local government; and
(7) representatives of communities of socially
disadvantaged individuals (as defined in section 8 of the Small
Business Act (15 U.S.C. 637)).
(c) Activities.--The matters to be addressed by the Kids Online
Safety Council shall include--
(1) identifying emerging or current risks of harms to
minors associated with online platforms;
(2) recommending measures and methods for assessing,
preventing, and mitigating harms to minors online;
(3) recommending methods and themes for conducting research
regarding online harms to minors; and
(4) recommending best practices and clear, consensus-based
technical standards for transparency reports and audits, as
required under this Act, including methods, criteria, and scope
to promote overall accountability.
SEC. 13. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall take
effect on the date that is 18 months after the date of enactment of
this Act.
SEC. 14. RULES OF CONSTRUCTION AND OTHER MATTERS.
(a) Relationship to Other Laws.--Nothing in this Act shall be
construed to--
(1) preempt section 444 of the General Education Provisions
Act (20 U.S.C. 1232g, commonly known as the ``Family
Educational Rights and Privacy Act of 1974'') or other Federal
or State laws governing student privacy;
(2) preempt the Children's Online Privacy Protection Act of
1998 (15 U.S.C. 6501 et seq.) or any rule or regulation
promulgated under such Act; or
(3) authorize any action that would conflict with section
18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
(b) Protections for Privacy.--Nothing in this Act shall be
construed to require--
(1) the affirmative collection of any personal data with
respect to the age of users that a covered platform is not
already collecting in the normal course of business; or
(2) a covered platform to implement an age gating or age
verification functionality.
(c) Compliance.--Nothing in this Act shall be construed to restrict
a covered platform's ability to--
(1) cooperate with law enforcement agencies regarding
activity that the covered platform reasonably and in good faith
believes may violate Federal, State, or local laws, rules, or
regulations;
(2) comply with a civil, criminal, or regulatory inquiry or
any investigation, subpoena, or summons by Federal, State,
local, or other government authorities; or
(3) investigate, establish, exercise, respond to, or defend
against legal claims.
SEC. 15. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, is
determined to be unenforceable or invalid, the remaining provisions of
this Act and the amendments made by this Act shall not be affected.
<all>
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118S141 | Elizabeth Dole Home Care Act | [
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"K000367"... | <p><strong>Elizabeth Dole Home and Community Based Services for Veterans and Caregivers Act of 2023 or the Elizabeth Dole Home Care Act</strong></p> <p>This bill addresses home care and caregiver programs provided by the Department of Veterans Affairs (VA).</p> <p>Under the bill, the cost of providing noninstitutional alternatives to nursing home care may not exceed the cost that would have been incurred if a veteran had been furnished VA nursing home care, unless the VA determines that a higher cost is in the best interest of the veteran. (Under current law, these expenditures are limited to 65% of the cost.)</p> <p>Among other requirements, the VA must</p> <ul> <li>establish a partnership with the Program of All-Inclusive Care for the Elderly in certain areas to furnish noninstitutional alternatives to nursing home care;</li> <li>implement various programs (e.g., the Veteran Directed Care program) to expand access to home- and community-based services;</li> <li>provide specified support and benefits to caregivers of certain disabled veterans;</li> <li>implement a pilot program to provide homemaker and home health aide services to veterans who reside in communities with a shortage of home health aides; and</li> <li>ensure the availability of home and community-based services for Native American veterans.</li> </ul> <p>For veterans or family caregivers who are discharged from the Program of Comprehensive Assistance for Family Caregivers, a caregiver support coordinator must provide for a personalized transition to an appropriate program.</p> <p>The Veterans Health Administration must review programs administered through the Office of Geriatric and Extended Care to ensure consistency in program management, eliminate service gaps at the medical center level, and ensure the availability of and access to home and community-based services.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 141 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 141
To amend title 38, United States Code, to improve certain programs of
the Department of Veterans Affairs for home and community based
services for veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Moran (for himself, Mr. Tester, and Ms. Hassan) 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 improve certain programs of
the Department of Veterans Affairs for home and community based
services for 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Elizabeth Dole
Home and Community Based Services for Veterans and Caregivers Act of
2023'' or the ``Elizabeth Dole Home Care Act''.
(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. Increase of expenditure cap for noninstitutional care
alternatives to nursing home care.
Sec. 4. Coordination with Program of All-Inclusive Care for the
Elderly.
Sec. 5. Home and community based services: programs.
Sec. 6. Coordination with assistance and support services for
caregivers.
Sec. 7. Development of centralized website for program information.
Sec. 8. Improvements relating to Home Maker and Home Health Aide
program.
Sec. 9. Reviews and other improvements relating to home and community
based services.
SEC. 2. DEFINITIONS.
In this Act:
(1) Caregiver; family caregiver.--The terms ``caregiver''
and ``family caregiver'' have the meanings given those terms
under section 1720K(g) of title 38, United States Code (as
added by section 5(a)(1)).
(2) Covered program.--The term ``covered program''--
(A) means any program of the Department for home
and community based services; and
(B) includes the programs specified in section
1720K of title 38, United States Code (as added by
section 5(a)(1)).
(3) Department.--The term ``Department'' means the
Department of Veterans Affairs.
(4) Home and community based services.--The term ``home and
community based services''--
(A) means the services referred to in section
1701(6)(E) of title 38, United States Code; and
(B) includes services furnished under a program
specified in section 1720K of such title (as added by
section 5(a)(1)).
(5) Home based primary care program; home maker and home
health aide program; veteran directed care program.--The terms
``Home Based Primary Care program'', ``Home Maker and Home
Health Aide program'', and ``Veteran Directed Care program''
mean the programs of the Department specified in subsections
(d), (c), and (b) of such section 1720K, respectively.
(6) Home health agency; home health aide; native american
veteran, tribal health program; urban indian organization.--The
terms ``home health agency'', ``home health aide'', ``Native
American veteran'', ``tribal health program'', and ``Urban
Indian organization'' have the meanings given those terms in
subsection (g) of such section 1720K.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
(8) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary under section 5902 of title 38, United States Code.
SEC. 3. INCREASE OF EXPENDITURE CAP FOR NONINSTITUTIONAL CARE
ALTERNATIVES TO NURSING HOME CARE.
(a) Increase of Expenditure Cap.--Section 1720C(d) of title 38,
United States Code, is amended--
(1) by striking ``The total cost'' and inserting ``(1)
Except as provided in paragraph (2), the total cost'';
(2) in paragraph (1), as designated by paragraph (1), by
striking ``65 percent of''; and
(3) by adding at the end the following new paragraph:
``(2) The total cost of providing services or in-kind assistance in
the case of any veteran for any fiscal year under the program may
exceed the cost that would otherwise have been incurred as specified in
paragraph (1) if the Secretary determines such higher total cost is in
the best interest of the veteran.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any fiscal year beginning on or after the date of
the enactment of this Act.
SEC. 4. COORDINATION WITH PROGRAM OF ALL-INCLUSIVE CARE FOR THE
ELDERLY.
Section 1720C of title 38, United States Code, as amended by
section 3, is further amended by adding at the end the following new
subsection:
``(f) In furnishing services to a veteran under the program
conducted pursuant to subsection (a), if a medical center of the
Department through which such program is administered is located in a
geographic area in which services are available to the veteran under a
PACE program (as such term is defined in sections 1894(a)(2) and
1934(a)(2) of the Social Security Act (42 U.S.C. 1395eee(a)(2); 1396u-
4(a)(2))), the Secretary shall establish a partnership with the PACE
program operating in that area for the furnishing of such services.''.
SEC. 5. HOME AND COMMUNITY BASED SERVICES: PROGRAMS.
(a) Programs.--
(1) In general.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section 1720J
the following new section:
``Sec. 1720K. Home and community based services: programs
``(a) In General.--In furnishing noninstitutional alternatives to
nursing home care under the authority of section 1720C of this title
(or any other authority under this chapter or other provision of law
administered by the Secretary of Veterans Affairs), the Secretary shall
carry out each of the programs specified in this section in accordance
with such relevant authorities except as otherwise provided in this
section.
``(b) Veteran Directed Care Program.--(1) The Secretary of Veterans
Affairs, in collaboration with the Secretary of Health and Human
Services, shall carry out a program to be known as the `Veteran
Directed Care program' under which the Secretary of Veterans Affairs
may enter into agreements with the providers described in paragraph (2)
to provide to eligible veterans funds to obtain such in-home care
services and related items as may be determined appropriate by the
Secretary of Veterans Affairs and selected by the veteran, including
through the veteran hiring individuals to provide such services and
items or directly purchasing such services and items.
``(2) The providers described in this paragraph are the following:
``(A) An Aging and Disability Resource Center, an area
agency on aging, or a State agency.
``(B) A center for independent living.
``(3) In carrying out the Veteran Directed Care program, the
Secretary of Veterans Affairs shall--
``(A) administer such program through each medical center
of the Department of Veterans Affairs;
``(B) ensure the availability of such program in American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, the Virgin Islands of the
United States, and any other territory or possession of the
United States; and
``(C) ensure the availability of such program for eligible
veterans who are Native American veterans receiving care and
services furnished by the Indian Health Service, a tribal
health program, an Urban Indian organization, or (in the case
of a Native Hawaiian veteran) a Native Hawaiian health care
system.
``(4) If a veteran participating in the Veteran Directed Care
program is catastrophically disabled, the veteran may continue to use
funds under the program during a period of hospitalization in the same
manner that the veteran would be authorized to use such funds under the
program if the veteran were not hospitalized.
``(c) Home Maker and Home Health Aide Program.--(1) The Secretary
shall carry out a program to be known as the `Home Maker and Home
Health Aide program' under which the Secretary may enter into
agreements with home health agencies to provide to eligible veterans
such home health aide services as may be determined appropriate by the
Secretary.
``(2) In carrying out the Home Maker and Home Health Aide program,
the Secretary shall ensure the availability of such program--
``(A) in the locations specified in subparagraph (B) of
subsection (b)(3); and
``(B) for the veteran populations specified in subparagraph
(C) of such subsection.
``(d) Home Based Primary Care Program.--The Secretary shall carry
out a program to be known as the `Home Based Primary Care program'
under which the Secretary may furnish to eligible veterans in-home
health care, the provision of which is overseen by a physician of the
Department.
``(e) Purchased Skilled Home Care Program.--The Secretary shall
carry out a program to be known as the `Purchased Skilled Home Care
program' under which the Secretary may furnish to eligible veterans
such in-home care services as may be determined appropriate and
selected by the Secretary for the veteran.
``(f) Caregiver Support.--(1) With respect to a resident caregiver
of a veteran participating in a program under this section who is a
family caregiver, the Secretary shall--
``(A) if the veteran meets the requirements of a covered
veteran under section 1720G(b) of this title, provide to such
caregiver the option of enrolling in the program of general
caregiver support services under such section;
``(B) subject to paragraph (2), provide to such caregiver
not fewer than 14 days of covered respite care each year; and
``(C) conduct on an annual basis (and, to the extent
practicable, in connection with in-person services provided
under the program in which the veteran is participating), a
wellness check of such caregiver.
``(2) The Secretary shall provide not fewer than 30 days of covered
respite care each year to any resident caregiver who provides services
funded under the Veteran Directed Care program under subsection (b).
``(3) Covered respite care provided to a resident caregiver of a
veteran under paragraph (1) or (2), as the case may be, may exceed 14
days annually or 30 days annually, respectively, if an extension is
requested by the resident caregiver or veteran and determined medically
appropriate by the Secretary.
``(g) Definitions.--In this section:
``(1) The terms `Aging and Disability Resource Center',
`area agency on aging', and `State agency' have the meanings
given those terms in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002).
``(2) The terms `caregiver' and `family caregiver', with
respect to a veteran, have the meanings given those terms,
respectively, under subsection (d) of section 1720G of this
title with respect to an eligible veteran under subsection (a)
of such section or a covered veteran under subsection (b) of
such section, as the case may be.
``(3) The term `center for independent living' has the
meaning given that term in section 702 of the Rehabilitation
Act of 1973 (29 U.S.C. 796a).
``(4) The term `covered respite care' means, with respect
to a caregiver of a veteran, respite care that--
``(A) includes 24-hour per day care of the veteran
commensurate with the care provided by the caregiver;
``(B) is medically and age-appropriate; and
``(C) includes in-home care services.
``(5) The term `eligible veteran' means any veteran--
``(A) for whom the Secretary determines
participation in a specific program under this section
is medically necessary to promote, preserve, or restore
the health of the veteran; and
``(B) who absent such participation would be at
increased risk for hospitalization, placement in a
nursing home, or emergency room care.
``(6) The term `home health agency' has the meaning given
that term in section 1861(o) of the Social Security Act (42
U.S.C. 1395x(o)).
``(7) The term `home health aide' means an individual
employed by a home health agency to provide in-home care
services.
``(8) The term `in-home care service' means any service,
including a personal care service, provided to enable the
recipient of such service to live at home.
``(9) The term `Native American veteran' has the meaning
given that term in section 3765 of this title.
``(10) The terms `Native Hawaiian' and `Native Hawaiian
health care system' have the meanings given those terms in
section 12 of the Native Hawaiian Health Care Improvement Act
(42 U.S.C. 11711).
``(11) The term `resident caregiver' means a caregiver or a
family caregiver of a veteran who resides with the veteran.
``(12) The terms `tribal health program' and `Urban Indian
organization' have the meanings given those terms in section 4
of the Indian Health Care Improvement Act (25 U.S.C. 1603).''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 1720J the following new item:
``1720K. Home and community based services: programs.''.
(b) Deadline for Improved Administration.--The Secretary shall
ensure that the Veteran Directed Care program and the Home Maker and
Home Health Aide program are administered through each medical center
of the Department in accordance with section 1720K of title 38, United
States Code (as added by subsection (a)(1)), by not later than two
years after the date of the enactment of this Act.
(c) Administration of Veteran Directed Care Program.--
(1) Procedures.--The Secretary shall establish procedures
to identify staffing needs for the Program and define the roles
and responsibilities of personnel of the Program at the
national, Veterans Integrated Service Network, and facility
levels, including responsibilities for engagement with veterans
participating in the Program, veterans interested in the
Program, and providers described in section 1720K(b)(2), as
added by subsection (a)(1).
(2) Staffing model.--
(A) In general.--The Secretary shall establish a
staffing model for the administration of the Program at
each medical center of the Department.
(B) Staffing ratio.--The Secretary shall establish
a staffing ratio for administration of the Program at
each facility of the Department at which the Program is
carried out, which shall include a specified number of
full-time equivalent employees, with no collateral
duties, per number of veterans served by the Program.
(3) Funding for program.--
(A) In general.--The Secretary shall develop
methods for tracking and reporting demand by veterans
for and use by veterans of services under the Program
to inform yearly cost estimates for the Program.
(B) Dedicated funding.--The Secretary shall ensure
each medical center of the Department receives
dedicated funding for administration and staffing of
the Program, tailored to demand for and use of the
Program at such medical center.
(C) Separate funding.--Funding provided to carry
out the Program shall be separate from any other
funding for the purchased long term services and
supports programs of the Department.
(4) Program defined.--In this subsection, the term
``Program'' means the Veteran Directed Care program.
SEC. 6. COORDINATION WITH ASSISTANCE AND SUPPORT SERVICES FOR
CAREGIVERS.
(a) Coordination With Program of Comprehensive Assistance for
Family Caregivers.--
(1) Coordination.--Section 1720G(a) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(14)(A) In the case of a veteran or caregiver who seeks services
under this subsection and is denied such services, or a veteran or the
family caregiver of a veteran who is discharged from the program under
this subsection, the Secretary shall--
``(i) if the veteran meets the requirements of a covered
veteran under subsection (b), provide to such caregiver the
option of enrolling in the program of general caregiver support
services under such subsection;
``(ii) assess the veteran or caregiver for participation in
any other available program of the Department for home and
community based services (including the programs specified in
section 1720K of this title) for which the veteran or caregiver
may be eligible and, with respect to the veteran, store (and
make accessible to the veteran) the results of such assessment
in the electronic medical record of the veteran; and
``(iii) provide to the veteran or caregiver written
information on any such program identified pursuant to the
assessment under clause (ii), including information about
facilities, eligibility requirements, and relevant contact
information for each such program.
``(B) For each veteran or family caregiver who is discharged from
the program under this subsection, a caregiver support coordinator
shall provide for a smooth and personalized transition from such
program to an appropriate program of the Department for home and
community based services (including the programs specified in section
1720K of this title), including by integrating caregiver support across
programs.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to denials and discharges described in
paragraph (14) of such section, as added by paragraph (1),
occurring on or after the date of the enactment of this Act.
(b) Technical and Conforming Amendments.--Section 1720G(d) of such
title is amended--
(1) by striking ``or a covered veteran'' each place it
appears and inserting ``, a veteran denied or discharged as
specified in paragraph (14) of such subsection, or a covered
veteran''; and
(2) by striking ``under subsection (a), means'' each place
it appears and inserting ``under subsection (a) or a veteran
denied or discharged as specified in paragraph (14) of such
subsection, means''.
(c) Review Relating to Caregiver Contact.--The Secretary shall
conduct a review of the capacity of the Department to establish a
streamlined system for contacting all caregivers enrolled in the
program of general caregiver support services under section 1720G(b) of
title 38, United States Code, to provide to such caregivers program
updates and alerts relating to emerging services for which such
caregivers may be eligible.
SEC. 7. DEVELOPMENT OF CENTRALIZED WEBSITE FOR PROGRAM INFORMATION.
(a) Centralized Website.--The Secretary shall develop and maintain
a centralized and publicly accessible internet website of the
Department as a clearinghouse for information and resources relating to
covered programs.
(b) Contents.--The website under subsection (a) shall contain the
following:
(1) A description of each covered program.
(2) An informational assessment tool that enables users
to--
(A) assess the eligibility of a veteran, or a
caregiver of a veteran, for any covered program; and
(B) receive information, as a result of such
assessment, on any covered program for which the
veteran or caregiver (as the case may be) may be
eligible.
(3) A list of required procedures for the directors of
medical facilities of the Department to follow in determining
the eligibility and suitability of veterans for participation
in a covered program, including procedures applicable to
instances in which the resource constraints of a facility (or
of a community in which a facility is located) may result in
the inability to address the health needs of a veteran under a
covered program in a timely manner.
(c) Updates.--The Secretary shall ensure the website under
subsection (a) is updated on a periodic basis.
SEC. 8. IMPROVEMENTS RELATING TO HOME MAKER AND HOME HEALTH AIDE
PROGRAM.
(a) Pilot Program for Communities With Shortage of Home Health
Aides.--
(1) Program.--The Secretary shall carry out a pilot program
under which the Secretary shall provide home maker and home
health aide services to veterans who reside in communities with
a shortage of home health aides.
(2) Locations.--The Secretary shall select 10 geographic
locations in which the Secretary determines there is a shortage
of home health aides at which to carry out the pilot program
under paragraph (1).
(3) Nursing assistants.--
(A) In general.--In carrying out the pilot program
under paragraph (1), the Secretary may hire nursing
assistants as new employees of the Department, or
reassign nursing assistants who are existing employees
of the Department, to provide to veterans in-home care
services (including basic tasks authorized by the State
certification of the nursing assistant) under the pilot
program, in lieu of or in addition to the provision of
such services through non-Department home health aides.
(B) Relationship to home based primary care
program.--Nursing assistants hired or reassigned under
subparagraph (A) may provide services to a veteran
under the pilot program under paragraph (1) while
serving as part of a health care team for the veteran
under the Home Based Primary Care program.
(4) Duration.--The pilot program under paragraph (1) shall
be for a duration of three years.
(5) Report to congress.--Not later than one year after the
date on which the Secretary determines the pilot program under
paragraph (1) has terminated, 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
on the result of the pilot program.
(b) Report on Use of Funds.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report containing,
with respect to the period beginning in fiscal year 2011 and ending in
fiscal year 2022, the following:
(1) An identification of the amount of funds that were
included in a budget of the Department during such period for
the provision of in-home care to veterans under the Home Maker
and Home Health Aide program in effect during such period but
were not expended for the provision of such care, disaggregated
by medical center of the Department for which such unexpended
funds were budgeted.
(2) An identification of the number of veterans for whom,
during such period, the hours during which a home health aide
was authorized to provide services to the veteran under such
program were reduced for a reason other than a change in the
health care needs of the veteran, and a detailed description of
the reasons why any such reductions may have occurred.
(c) Updated Guidance on Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall issue updated
guidance for the Home Maker and Home Health Aide program.
(2) Matters to include.--Guidance updated under paragraph
(1) shall include the following:
(A) A process for the transition of veterans from
the Home Maker and Home Health Aide program to other
covered programs.
(B) A requirement for the directors of the medical
facilities of the Department to complete such process
whenever a veteran with care needs has been denied
services from home health agencies under the Home Maker
and Home Health Aide program as a result of the
clinical needs or behavioral issues of the veteran.
SEC. 9. REVIEWS AND OTHER IMPROVEMENTS RELATING TO HOME AND COMMUNITY
BASED SERVICES.
(a) Office of Geriatric and Extended Care.--
(1) Review of programs.--The Under Secretary for Health of
the Department shall conduct a review of each program
administered through the Office of Geriatric and Extended Care
of the Department, or successor office, to--
(A) ensure consistency in program management;
(B) eliminate service gaps at the medical center
level; and
(C) ensure the availability of, and the access by
veterans to, home and community based services.
(2) Assessment of staffing needs.--The Secretary shall
conduct an assessment of the staffing needs of the Office of
Geriatric and Extended Care of the Department, or successor
office.
(3) Goals for geographic alignment of care.--
(A) Establishment of goals.--The Director of the
Office of Geriatric and Extended Care, or successor
office, shall establish quantitative goals to enable
aging or disabled veterans who are not located near
medical centers of the Department to access extended
care services (including by improving access to home
and community based services for such veterans).
(B) Implementation timeline.--Each goal established
under subparagraph (A) shall include a timeline for the
implementation of the goal at each medical center of
the Department.
(4) Goals for in-home specialty care.--The Director of the
Office of Geriatric and Extended Care, or successor office,
shall establish quantitative goals to address the specialty
care needs of veterans through in-home care, including by
ensuring the education of home health aides and caregivers of
veterans in the following areas:
(A) Dementia care.
(B) Care for spinal cord injuries and diseases.
(C) Ventilator care.
(D) Other speciality care areas as determined by
the Secretary.
(5) Report to congress.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report containing the findings of the review under paragraph
(1), the results of the assessment under paragraph (2), and the
goals established under paragraphs (3) and (4).
(b) Review of Incentives and Efforts Relating to Home and Community
Based Services.--
(1) Review.--The Secretary shall conduct a review of the
following:
(A) The financial and organizational incentives for
the directors of medical centers of the Department to
establish or expand covered programs at such medical
centers.
(B) Any incentives for such directors to provide to
veterans home and community based services in lieu of
institutional care.
(C) The efforts taken by the Secretary to enhance
spending of the Department for extended care by
shifting the balance of such spending from
institutional care to home and community based
services.
(D) The plan of the Under Secretary for Health of
the Department to accelerate efforts to enhance
spending as specified in subparagraph (C), to match the
progress of similar efforts taken by the Administrator
of the Centers for Medicare & Medicaid Services with
respect to spending of the Centers for Medicare &
Medicaid Services for extended care.
(2) Report to congress.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report on the findings of the review under paragraph (1).
(c) Review of Respite Care Services.--Not later than two years
after the date of the enactment of this Act, the Secretary shall
conduct a review of the use, availability, and effectiveness of the
respite care services furnished by the Secretary under chapter 17 of
title 38, United States Code.
(d) Collaboration To Improve Home and Community Based Services.--
(1) Feedback and recommendations on caregiver support.--
(A) Feedback and recommendations.--The Secretary
shall solicit from the entities described in
subparagraph (B) feedback and recommendations regarding
opportunities for the Secretary to enhance home and
community based services for veterans and caregivers of
veterans, including through the potential provision by
the entity of care and respite services to veterans and
caregivers who may not be eligible for any program
under section 1720G of title 38, United States Code, or
section 1720K of such title (as added by section
5(a)(1)), but have a need for assistance.
(B) Covered entities.--The entities described in
this subparagraph are veterans service organizations
and nonprofit organizations with a focus on caregiver
support (as determined by the Secretary).
(2) Collaboration for native american veterans.--The
Secretary shall collaborate with the Director of the Indian
Health Service and representatives from tribal health programs
and Urban Indian organizations to ensure the availability of
home and community based services for Native American veterans,
including Native American veterans receiving health care and
medical services under multiple health care systems.
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118S1410 | Energy Consumer Protection Act of 2023 | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"C000127",
"Sen. Cantwell, Maria [D-WA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1410 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1410
To amend the Federal Power Act and the Natural Gas Act with respect to
the enforcement of certain provisions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Cortez Masto (for herself and Ms. Cantwell) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Power Act and the Natural Gas Act with respect to
the enforcement of certain provisions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Consumer Protection Act of
2023''.
SEC. 2. PROHIBITIONS AND SUSPENSIONS FOR VIOLATIONS.
(a) Amendments to the Federal Power Act.--
(1) Enforcement of certain provisions.--Section 316A of the
Federal Power Act (16 U.S.C. 825o-1) is amended by adding at
the end the following:
``(c) Prohibition or Suspension for Violations.--The Commission may
prohibit, conditionally or unconditionally, permanently or for such
period of time as the Commission determines to be appropriate, any
person who is engaged or has engaged in practices constituting a
violation of section 221 or 222 (and related rules and regulations)
from engaging, directly or indirectly, in the business of purchasing or
selling--
``(1) electric energy;
``(2) electric energy products, including financial
transmission rights; or
``(3) transmission services subject to the jurisdiction of
the Commission.''.
(2) Conforming amendments.--Section 314(d) of the Federal
Power Act (16 U.S.C. 825m(d)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``individual'' and
inserting ``person''; and
(ii) by inserting ``or 222'' after
``section 221'';
(B) in paragraph (1), by inserting ``with respect
to a person who is an individual,'' before ``acting'';
and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, directly or indirectly,''
after ``engaging'';
(ii) in subparagraph (A), by striking ``;
or'' and inserting a semicolon;
(iii) by redesignating subparagraph (B) as
subparagraph (C); and
(iv) by inserting after subparagraph (A)
the following:
``(B) electric energy products, including financial
transmission rights; or''.
(b) Amendments to Natural Gas Act.--
(1) Prohibition on filing false information.--The Natural
Gas Act (15 U.S.C. 717 et seq.) is amended by inserting after
section 4A the following:
``SEC. 4B. PROHIBITION ON FILING FALSE INFORMATION.
``No person shall willfully and knowingly report to a Federal
agency or private-sector price-reporting agency, with intent to
fraudulently affect the data being compiled by the Federal agency or
private-sector price-reporting agency, any information relating to the
transportation or sale of natural gas subject to the jurisdiction of
the Commission (including information relating to the availability and
prices of natural gas sold at wholesale and in interstate commerce and
information relating to the operation of facilities for the
transportation and sale of natural gas at wholesale and in interstate
commerce) that the person knows to be false at the time of the
reporting.''.
(2) Civil penalty authority.--Section 22 of the Natural Gas
Act (15 U.S.C. 717t-1) is amended by adding at the end the
following:
``(d) Prohibition or Suspension for Violations.--The Commission may
prohibit, conditionally or unconditionally, permanently or for such
period of time as the Commission determines to be appropriate, any
person who is engaged or has engaged in practices constituting a
violation of section 4A or 4B (including related rules and regulations)
from engaging, directly or indirectly, in the business of purchasing or
selling--
``(1) natural gas; or
``(2) transmission services subject to the jurisdiction of
the Commission.''.
(3) Conforming amendments.--Section 20(d) of the Natural
Gas Act (15 U.S.C. 717s(d)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``individual'' and inserting ``person'';
(B) in paragraph (1), by inserting ``with respect
to a person who is an individual,'' before ``acting'';
and
(C) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``, directly or
indirectly,'' after ``engaging''.
<all>
</pre></body></html>
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118S1411 | Prove It Act of 2023 | [
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1411 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1411
To amend title 5, United States Code, to require greater transparency
for Federal regulatory decisions that impact small businesses, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require greater transparency
for Federal regulatory decisions that impact small businesses, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prove It Act of 2023''.
SEC. 2. INITIAL REGULATORY FLEXIBILITY ANALYSIS.
(a) In General.--Chapter 6 of title 5, United States Code, is
amended--
(1) in section 603(b)--
(A) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(B) by adding at the end the following:
``(6) where feasible, any reasonably foreseeable potential
indirect costs the proposed rule may impose on small entities,
which shall include small entities that--
``(A) purchase products or services from, sell
products or services to, or otherwise conduct business
with entities directly regulated by the rule;
``(B) are directly regulated by other governmental
entities as a result of the rule; or
``(C) are not directly regulated by the agency as a
result of the rule but are otherwise subject to other
agency rules as a result of the rule.''; and
(2) in section 605(b), by striking ``The agency'' and
inserting ``Not later than 10 days after completing the
certification described in this paragraph, the agency''; and
(3) by inserting after section 605 the following:
``Sec. 605A. Review procedures relating to initial regulatory
flexibility analysis certifications
``(a) Filing a Petition To Review Agency Certification of a
Proposed Rule.--
``(1) In general.--Any small entity, group of small
entities, or organization representing the interests of small
entities may petition the Chief Counsel for Advocacy of the
Small Business Administration (in this section referred to as
the `Chief Counsel') to review a certification published under
section 605(b) that a proposed rule will not, if promulgated,
have a significant economic impact on a substantial number of
small entities.
``(2) Form.--The Chief Counsel shall--
``(A) determine the method, timing, and form of
disseminating a petition described in paragraph (1);
and
``(B) display the information described in
subparagraph (A) on the website of the Office of
Advocacy of the Small Business Administration in a
conspicuous manner.
``(3) Contents.--Each petition described in paragraph (1)
with respect to a certification published under section 605(a)
for a proposed rule shall clearly and concisely--
``(A) specify the name of the petitioner and a
telephone number, a mailing address, and an email
address that the Chief Counsel may use to communicate
with the petitioner;
``(B) if the petitioner is an organization, provide
additional identifying information, as applicable,
including the organizational or corporate status of the
petitioner, the State of incorporation of the
petitioner, the registered agent of the petitioner, the
interest of the petitioner in representing small
entities affected by the proposed rule and the
certification at issue, and the name and authority of
the individual who signed the petition on behalf of the
organizational or corporate petitioner;
``(C) present the specific problems or issues that
the petitioner believes should be addressed or
considered through a review of the certification, such
as--
``(i) any specific circumstances in which
the determination of the certification that the
proposed rule will not, if promulgated, have a
significant economic impact on a substantial
number of small entities is incorrect,
incomplete, or inadequate; and
``(ii) why the proposed rule would, if
promulgated, have a significant economic impact
on a substantial number of small entities;
``(D) cite, enclose, or reference any relevant and
non-protected or confidential technical, scientific, or
other data or information supporting any assertion of
the problems or issues with the certification;
``(E) present a proposed solution to the problems
or issues raised in the petition, including potential
regulatory or compliance alternatives to the proposed
rule;
``(F) provide an analysis, discussion, or argument
that explains how the proposed solution described in
subparagraph (E) solves the problems or issues raised
in the petition; and
``(G) cite, enclose, or reference any other
publicly available data or information supporting the
proposed solution described in subparagraph (E).
``(b) Consultation.--
``(1) In general.--Any entity desiring to file a petition
under subsection (a) may request a consultation with the Chief
Counsel before or after filing the petition.
``(2) Form.--The Chief Counsel shall--
``(A) determine the method, timing, and form of
requesting a consultation with the Chief Counsel under
paragraph (1); and
``(B) display the information described in
subparagraph (A) on the website of the Office of
Advocacy of the Small Business Administration in a
conspicuous manner.
``(3) Limitations on assistance.--In any consultation
regarding a petition under paragraph (1), the Chief Counsel--
``(A) may only--
``(i) describe the process for filing,
docketing, tracking, closing, amending,
withdrawing, and resolving the petition; and
``(ii) assist the petitioner to clarify the
petition so that the Chief Counsel is able to
understand the issues of concern to the
petitioner; and
``(B) may not advise a petitioner on whether the
petition should be amended or withdrawn.
``(c) Prima Facie Review.--
``(1) In general.--Upon receipt of a petition filed under
this section with respect to the certification of a proposed
rule, the Chief Counsel shall make an initial prima facie
determination on the merit of the issues raised in petition as
to the properness of the certification and whether the proposed
rule in question would, if promulgated, have a significant
economic impact on a substantial number of small entities.
``(2) No further review.--If, following the prima facie
review of a petition under paragraph (1), the Chief Counsel
determines that the issues raised in the petition do not merit
further review by the Chief Counsel, the Chief Counsel shall,
not later than 10 days after receipt of the petition, inform
the petitioner of that determination and the matter shall be
closed.
``(3) Further review.--If, following the prima facie review
of a petition under paragraph (1), the Chief Counsel determines
that the issues raised in the petition do merit further review
by the Chief Counsel, the Chief Counsel shall, not later than
10 days after receipt of the petition, inform the petitioner
and the agency that promulgated the proposed rule that the
Chief Counsel shall conduct a full review of the certification
and proposed rule to which the petition relates under
subsection (d).
``(d) Full Review.--
``(1) Considerations; meeting.--In conducting a full review
under this subsection with respect to the certification made
under section 605(b), the Chief Counsel shall--
``(A) consider--
``(i) whether the agency that promulgated
the proposed rule correctly determined which
small entities will be affected by the proposed
rule;
``(ii) whether the agency considered
adequate economic data to assess whether the
proposed rule will have a significant impact on
a substantial number of small entities; and
``(iii) the economic implications of the
proposed rule; and
``(B) convene a virtual or in-person meeting
between the Chief Counsel, the petitioner,
representatives of the agency that promulgated the
proposed rule who are determined appropriate by the
Chief Counsel, and the Administrator of the Office of
Information and Regulatory affairs to--
``(i) provide positions and support for
those positions regarding the certification of
the proposed rule; and
``(ii) allow the Chief Counsel to ask
questions as the Chief Counsel determines
necessary to make a final determination as to
the validity of the certification.
``(2) Publication.--Not later than 30 days after the date
on which the Chief Counsel begins a full review of a
certification made with respect to a proposed rule under
paragraph (1), the Chief Counsel shall submit to the petitioner
and the agency that promulgated the proposed rule, and publish
in the Federal Register and on the website of the Office of
Advocacy of the Small Business Administration, the results of
the review conducted under paragraph (1).
``(3) Requirement to perform analyses.--If, after a full
review of a certification made with respect to a proposed rule
under paragraph (1), the Chief Counsel determines that the
proposed rule will, if promulgated, have a significant economic
impact on a substantial number of small entities, the agency
that promulgated the proposed rule shall perform an initial
regulatory flexibility analysis and a final regulatory
flexibility analysis for the proposed rule under sections 603
and 604, respectively.
``(4) Penalty.--If an agency fails to attend the required
meeting under paragraph (1)(B) or in any other way fails to
assist the Chief Counsel in a full review under paragraph (1)
with respect to a proposed rule of the agency, as determined by
the Chief Counsel, the final rule shall not apply to small
entities.
``(5) Judicial review.--For purposes of judicial review
under chapter 7 of this title, a certification made by an
agency under section 605(b) for which a petition is filed under
subsection (a) shall be considered final agency action as of
the date on which the Chief Counsel--
``(A) makes a determination under subsection (c)(2)
that the issues raised in the petition do not merit
further review; or
``(B) publishes the results of a full review of the
certification under paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 6 of title 5, United States Code, is amended by inserting after
the item relating to section 605 the following:
``605A. Review procedures relating to initial regulatory flexibility
analysis certifications.''.
SEC. 3. PUBLICATION OF GUIDANCE.
Section 609 of title 5, United States Code, is amended by adding at
the end the following:
``(f) With respect to any rule that an agency determines is likely
to have a significant economic impact on a substantial number of small
entities, the head of the agency shall, on regulations.gov or any
similar internet website--
``(1) publish all guidance documents and other relevant
documents, as determined by the agency, including any updated
guidance documents that set forth interpretations of the rule;
and
``(2) allow for comments on the documents described in
paragraph (1) to ensure that small entities may access and
provide feedback on those documents.''.
SEC. 4. REVIEW PROCEDURES FOR SECTION 610 PERIODIC REVIEW OF RULES.
(a) In General.--Section 610 of title 5, United States Code, is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``the following factors'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) any indirect costs described in the initial
regulatory flexibility analysis under section 603(b)(6), and
any other indirect costs that may have arisen during the 10-
year period described in subsection (a).''; and
(2) by adding at the end the following:
``(d) If an agency fails to conduct a review of a rule as required
under this section within the 10-year period described in subsection
(a)--
``(1) the Chief Counsel for Advocacy of the Small Business
Administration shall notify the agency that the rule has ceased
to be effective;
``(2) the agency shall publish in the Federal Register a
notification that the rule has ceased to be effective, and
solicit comments for why the rule should be reinstated; and
``(3) if, based on the comments received under paragraph
(2), the agency determines that the rule should be reinstated--
``(A) the agency shall have 180 days beginning on
the date of that determination to complete the review
of the rule under this section; and
``(B) upon completion of the review under
subparagraph (A), the rule shall be reinstated,
notwithstanding the notice and comment rulemaking
procedures under section 553 of this title.''.
(b) Application.--The amendment made by subsection (a)(2) shall
apply with respect to any final rule issued by an agency--
(1) during the 5-year period preceding the date of
enactment of this Act; or
(2) on or after the date of enactment of this Act.
<all>
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118S1412 | Journalist Protection Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1412 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1412
To amend title 18, United States Code, to provide a penalty for assault
against journalists, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Blumenthal (for himself and Mr. Menendez) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide a penalty for assault
against journalists, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Journalist Protection Act''.
SEC. 2. ASSAULT AGAINST JOURNALISTS.
(a) In General.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 120. Assault against journalists
``(a) Definitions.--In this section:
``(1) Bodily injury; serious bodily injury.--The terms
`bodily injury' and `serious bodily injury' have the meanings
given those terms in section 1365(h).
``(2) Journalist.--The term `journalist' means an
individual who--
``(A) is an employee, independent contractor, or
agent of an entity or service that disseminates news or
information--
``(i) by means of a newspaper, nonfiction
book, wire service, news agency, news website,
mobile application or other news or information
service (whether distributed digitally or
otherwise), news program, magazine, or other
periodical (whether in print, electronic, or
other format); or
``(ii) through a television broadcast,
radio broadcast, multichannel video programming
distributor (as defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522)), or
motion picture for public showing; and
``(B) engages in newsgathering with the primary
intent to investigate an event or procure material in
order to disseminate to the public news or information
concerning a local, national, or international event or
other matter of public interest.
``(3) Newsgathering.--The term `newsgathering' means
engaging in regular gathering, preparation, collection,
photographing, recording, writing, editing, reporting, or
publishing concerning a local, national, or international event
or other matter of public interest.
``(b) Prohibited Conduct.--Whoever, in or affecting interstate or
foreign commerce, intentionally commits, or attempts to commit--
``(1) an act described in subsection (c) shall be fined
under this title or imprisoned not more than 3 years, or both;
or
``(2) an act described in subsection (d) shall be fined
under this title or imprisoned not more than 6 years, or both.
``(c) Bodily Injury to a Journalist.--An act described in this
subsection is an act--
``(1) that causes bodily injury to an individual who is a
journalist;
``(2) committed with knowledge or reason to know the
individual is a journalist; and
``(3) committed--
``(A) while the journalist is taking part in
newsgathering; or
``(B) with the intention of intimidating or
impeding newsgathering by the journalist.
``(d) Serious Bodily Injury to a Journalist.--An act described in
this subsection is an act--
``(1) that causes serious bodily injury to an individual
who is a journalist;
``(2) committed with knowledge or reason to know the
individual is a journalist; and
``(3) committed--
``(A) while the journalist is taking part in
newsgathering; or
``(B) with the intention of intimidating or
impeding newsgathering by the journalist.''.
(b) Clerical Amendment.--The table of sections for chapter 7 of
title 18, United States Code, is amended by adding at the end the
following:
``120. Assault against journalists.''.
<all>
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118S1413 | A bill to amend chapter 62 of the Harmonized Tariff Schedule of the United States to modify the requirements for a garment to be considered water resistant. | [
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[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1413 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1413
To amend chapter 62 of the Harmonized Tariff Schedule of the United
States to modify the requirements for a garment to be considered water
resistant.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. King (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend chapter 62 of the Harmonized Tariff Schedule of the United
States to modify the requirements for a garment to be considered water
resistant.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MODIFICATION OF REQUIREMENTS FOR GARMENTS TO BE CONSIDERED
WATER RESISTANT.
Additional U.S. Note 2 to chapter 62 of the Harmonized Tariff
Schedule of the United States is amended by striking the second
sentence.
<all>
</pre></body></html>
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118S1414 | National Weather Service Communications Improvement Act | [
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"C000127",
"Sen. Cantwell, Maria [D-WA]",
"sponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1414 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1414
To improve the instant messaging service used by the National Weather
Service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Cantwell (for herself and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve the instant messaging service used by the National Weather
Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Weather Service
Communications Improvement Act''.
SEC. 2. NATIONAL WEATHER SERVICE COMMUNICATIONS.
(a) In General.--Title IV of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8541 et seq.) is amended by adding at
the end the following:
``SEC. 415. NATIONAL WEATHER SERVICE COMMUNICATIONS.
``(a) Improvement of Instant Messaging Service.--
``(1) In general.--The Director of the National Weather
Service shall improve the instant messaging service used by
personnel of the National Weather Service by implementing by
October 1, 2027, a commercial off-the-shelf communications
solution that replaces the instant messaging service commonly
referred to as `NWSChat'.
``(2) Requirements.--The communications solution
implemented under paragraph (1) shall--
``(A) be hosted on the public cloud; and
``(B) satisfy requirements set forth by the
Director to ensure that the solution--
``(i) best accommodates future growth;
``(ii) performs successfully with increased
numbers of users;
``(iii) is easy to use for the majority of
users; and
``(iv) is similar to systems already in
commercial use.
``(3) Definition of public cloud.--In this subsection, the
term `public cloud' means an information technology model in
which service providers make computing services, including
compute and storage and develop-and-deploy environments and
applications, available on-demand to organizations and
individuals over the public internet.
``(b) No Additional Funds Authorized.--Funds to carry out this
section may only come from amounts authorized to be appropriated to the
National Oceanic and Atmospheric Administration before the date of the
enactment of the National Weather Service Communications Improvement
Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Weather Research and Forecasting Innovation Act of 2017 is amended
by inserting after the item relating to section 414 the following:
``Sec. 415. National Weather Service communications.''.
<all>
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118S1415 | Promoting Rural Exports Act of 2023 | [
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"Sen. Klobuchar, Amy [D-MN]",
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1415 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1415
To establish the Rural Export Center, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Klobuchar (for herself, Mr. Hoeven, Ms. Smith, and Mr. Cramer)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish the Rural Export Center, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Rural Exports Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rural businesses are often located far from information
clusters and major transportation corridors.
(2) Because of their location, rural businesses face higher
barriers to accessing international markets.
(3) A dedicated Rural Export Center within the United
States and Foreign Commercial Service providing business- and
product-specific support can help companies in the United
States looking to export their products.
SEC. 3. ESTABLISHMENT OF THE RURAL EXPORT CENTER.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service appointed
pursuant to section 2301(a)(2) of the Export Enhancement Act of
1988 (15 U.S.C. 4721(a)(2)).
(2) Commercial service.--The term ``Commercial Service''
means the United States and Foreign Commercial Service
established under section 2301(a)(1) of the Export Enhancement
Act of 1988 (15 U.S.C. 4721(a)(1)).
(b) Establishment of the Rural Export Center.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Assistant Secretary shall
establish a Rural Export Center (in this section referred to as
the ``Center'') for the purpose of providing businesses located
in rural areas in the United States with resources to help
those businesses export their products.
(2) Location of the center.--
(A) In general.--The Center shall be established at
an office of the Commercial Service in the United
States in existence before the date of the enactment of
this Act.
(B) Criteria for selecting location.--In selecting
a location for the Center, the Assistant Secretary
shall give preference--
(i) based on expertise and operations at
Commercial Service offices that support rural
businesses exporting to new markets before the
date of the enactment of this Act; and
(ii) to such offices not located in major
metropolitan areas.
(C) Location of staff.--Any researcher or staff
directly supporting the operation of the Center shall
be primarily based at the Center.
(c) Export Center Operations.--
(1) In general.--The Center shall--
(A) provide in-depth, customized, and actionable
market research services that--
(i) a business may opt into based on need;
and
(ii) are--
(I) focused on actionable and
measurable results for a business;
(II) business- and product-
specific;
(III) targeted to not more than 3
international markets;
(IV) based on high-quality data,
including data from international trade
association subscription databases; and
(V) based on market analysis and
export services of the Commercial
Service available before the date of
the enactment of this Act, including
the Rural America's Intelligence
Service for Exporters program; and
(B) conduct strategic planning and export support
services for rural businesses as needed.
(2) Measure of effectiveness.--To measure the effectiveness
of the Center, the Center shall collect and make available data
on--
(A) the number of businesses that sign up for
market research assistance;
(B) the number of export assistance services a
business engages in following the research assistance,
including--
(i) trade shows;
(ii) trade missions; and
(iii) other services facilitated by the
Center; and
(C) the total monetary value of exports facilitated
by the services provided by the Center.
(3) Website for the center.--The Center shall maintain an
internet website that includes--
(A) data collected by the Center;
(B) best practices for rural businesses beginning
to evaluate export opportunities; and
(C) appropriate contact information for staff at
the Center.
<all>
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118S1416 | NWR Modernization Act of 2023 | [
[
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"Sen. Cantwell, Maria [D-WA]",
"sponsor"
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[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1416 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1416
To provide guidance for and investment in the upgrade and modernization
of the National Oceanic and Atmospheric Administration Weather Radio
All Hazards network, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Cantwell (for herself and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide guidance for and investment in the upgrade and modernization
of the National Oceanic and Atmospheric Administration Weather Radio
All Hazards network, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Weather Radio Modernization Act
of 2023'' or the ``NWR Modernization Act of 2023''.
SEC. 2. DEFINITIONS.
(a) NOAA Weather Radio.--The term ``NOAA Weather Radio'' means the
National Oceanic and Atmospheric Administration Weather Radio All
Hazards network.
(b) Under Secretary.--The term ``Under Secretary'' means the Under
Secretary of Commerce for Oceans and Atmosphere and the Administrator
of the National Oceanic and Atmospheric Administration.
SEC. 3. UPGRADING EXISTING SYSTEMS.
(a) In General.--The Under Secretary shall, to the maximum extent
practicable, upgrade systems of NOAA Weather Radio in use as of the
date of the enactment of this Act in order to expand coverage and
ensure the reliability of NOAA Weather Radio.
(b) Requirements.--In carrying out subsection (a), the Under
Secretary shall--
(1) maintain support for systems described in such
subsection that serve areas not covered by or having poor
quality cellular service;
(2) ensure consistent maintenance and operations
monitoring, with timely repairs to equipment and antennas at
broadcast transmitter sites;
(3) enhance the ability to amplify non-weather emergency
messages through NOAA Weather Radio as necessary; and
(4) acquire additional transmitters as required to expand
coverage to rural and underserved communities, units of the
National Park System, and National Recreation Areas.
SEC. 4. MODERNIZATION INITIATIVE.
(a) In General.--The Under Secretary shall, to the maximum extent
practicable, modernize NOAA Weather Radio to ensure the capabilities
and coverage of NOAA Weather Radio remain valuable to the public.
(b) Requirements.--In carrying out subsection (a), the Under
Secretary shall--
(1) upgrade the telecommunications infrastructure of NOAA
Weather Radio to accelerate the transition of broadcasts to
media that provide an increase in reliability and repairability
over copper media;
(2) accelerate software upgrades to the Advanced Weather
Interactive Processing System of the National Weather Service,
or any relevant successors of the system, in order to implement
partial county notifications and alerts;
(3) enhance the accessibility and usability of data and
feeds of NOAA Weather Radio, with the feedback of the public
and user groups;
(4) develop options, including satellite backup capability
and commercial provider partnerships, for continuity of service
provided by NOAA Weather Radio in the event of outages among
Weather Forecast Offices;
(5) research and develop alternative options, including
microwave capabilities, to transmit signals from NOAA Weather
Radio to transmitters that are remote or do not have Internet
Protocol capability; and
(6) transition critical applications to the Integrated
Dissemination Program of the National Weather Service, or any
relevant successors of the program.
(c) Priorities.--In carrying out subsections (a) and (b), the Under
Secretary shall prioritize practices, capabilities, and technologies
recommended in the assessment required by subsection (d) in order to
maximize the accessibility of NOAA Weather Radio, particularly in
remote areas of the United States and areas that are at risk for a lack
of access to weather information in the event of an emergency weather
event.
(d) Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Under Secretary shall complete
and 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 an
assessment of access to NOAA Weather Radio.
(2) Considerations and recommendations.--In conducting the
assessment required by paragraph (1), the Under Secretary shall
take into consideration and provide recommendations on--
(A) the need for continuous, adequate, and
operational real-time broadcasts from NOAA Weather
Radio;
(B) solicited input on the compatibility of NOAA
Weather Radio data with third-party platforms that
provide online services, such as websites and mobile
device applications, or deliver access to NOAA Weather
Radio;
(C) existing or new management systems, which
promote consistent, efficient, and compatible access to
NOAA Weather Radio;
(D) the ability of the National Oceanic and
Atmospheric Administration to aggregate real-time
broadcast feeds at one or more central locations;
(E) effective coordination between agencies with
responsibilities relating to emergencies and natural
disasters;
(F) the potential effects of an electromagnetic
pulse or geomagnetic disturbance on NOAA Weather Radio;
and
(G) improvements 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.
<all>
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118S1417 | Repeatedly Flooded Communities Preparation Act | [
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"sponsor"
],
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1417
To amend the National Flood Insurance Act of 1968 to ensure community
accountability for areas repeatedly damaged by floods, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Scott of South Carolina (for himself and Mr. Schatz) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the National Flood Insurance Act of 1968 to ensure community
accountability for areas repeatedly damaged by floods, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeatedly Flooded Communities
Preparation Act''.
SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPEATEDLY FLOODED AREAS.
(a) In General.--Section 1361 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4102) is amended by adding at the end the following:
``(e) Community Accountability for Repeatedly Damaged Areas.--
``(1) Definitions.--In this subsection--
``(A) the term `covered community' means a
community--
``(i) that is participating in the national
flood insurance program under section 1315; and
``(ii) within which are located--
``(I) not fewer than 50 repetitive
loss structures with respect to each of
which, during any 10-year period, there
have been not fewer than 2 claims for
payments under flood insurance coverage
for a total amount that is more than
$1,000;
``(II) not fewer than 5 severe
repetitive loss structures for which
mitigation activities meeting the
standards for approval under section
1366(c)(2)(A) have not been conducted;
or
``(III) a public facility or a
private nonprofit facility that has
received assistance for repair,
restoration, reconstruction, or
replacement under section 406 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5172) relating to more than 1 flooding
event during the most recent 10-year
period;
``(B) the terms `private nonprofit facility' and
`public facility' have the meanings given those terms
in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122);
and
``(C) the term `severe repetitive loss structure'
has the meaning given the term in section 1366(h).
``(2) Requirements for covered communities.--The
Administrator shall, by regulation, require a covered community
to--
``(A) determine the areas within the covered
community in which properties described in paragraph
(1)(A)(ii) or flood-damaged facilities are located in
order to identify areas that are repeatedly damaged by
floods;
``(B) assess, with assistance from the
Administrator, the continuing risks to the repeatedly
damaged areas identified under subparagraph (A);
``(C) develop a community-specific plan for
mitigating continuing flood risks to the repeatedly
damaged areas identified under subparagraph (A);
``(D) submit the plan described in subparagraph
(C), and any plan updates, to the Administrator at
appropriate intervals;
``(E) implement the plan described in subparagraph
(C) and any updates to the plan; and
``(F) subject to section 552a of title 5, United
States Code, make the plan described in subparagraph
(C), any updates to the plan, and reports on progress
in reducing flood risk available to the public.
``(3) Incorporation into existing plans.--A covered
community may incorporate a plan developed under paragraph
(2)(C), including any updates to such a plan, into a mitigation
plan developed under--
``(A) section 1366; and
``(B) section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165).
``(4) Assistance to communities.--
``(A) Data.--To assist a covered community in
developing a plan required under paragraph (2)(C),
including any updates to such a plan, the Administrator
shall, upon request, provide the covered community with
appropriate data regarding the property addresses and
dates of claims associated with insured properties
within the covered community.
``(B) Mitigation grants.--In making a determination
regarding financial assistance under this Act, the
Administrator may consider the extent to which a
covered community--
``(i) has complied with this subsection;
and
``(ii) is working to remedy problems with
respect to repeatedly flooded areas.
``(5) Sanctions.--
``(A) In general.--The Administrator may, by
regulations issued in accordance with the procedures
required under section 553 of title 5, United States
Code, impose appropriate sanctions on a covered
community that fails to--
``(i) comply with this subsection; or
``(ii) make sufficient progress in reducing
the flood risks to areas in the covered
community that are repeatedly damaged by
floods.
``(B) Suspension and probation.--The sanctions
described in subparagraph (A) may include suspension
from the national flood insurance program or probation
under that program, as provided under section 59.24 of
title 44, Code of Federal Regulations, as in effect on
the date of enactment of this subsection.
``(C) Notice.--
``(i) In general.--Before imposing any
sanctions under this paragraph, the
Administrator shall provide the covered
community that is subject to the sanctions with
notice of the violation that may subject the
covered community to the sanctions.
``(ii) Contents.--The notice required under
clause (i) shall include recommendations for
actions that the covered community receiving
the notice may take in order to bring the
covered community into compliance.
``(D) Considerations.--In determining appropriate
sanctions to impose under this paragraph, the
Administrator shall consider the resources available to
the covered community that is subject to the sanctions,
including--
``(i) any Federal funding received by the
covered community;
``(ii) the portion of the covered community
that lies within an area having special flood
hazards; and
``(iii) any other factor that makes it
difficult for the covered community to conduct
mitigation activities for flood-prone
structures.
``(6) Reports to congress.--Not later than 6 years after
the date of enactment of this subsection, and not less
frequently than once every 2 years thereafter, the
Administrator shall submit to Congress a report regarding the
progress made by covered communities with respect to
implementing plans developed under paragraph (2)(C), including
any updates to those plans.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall issue regulations necessary to carry out subsection (e) of
section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102), as added by subsection (a) of this section.
<all>
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118S1418 | Children and Teens’ Online Privacy Protection Act | [
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1418 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1418
To amend the Children's Online Privacy Protection Act of 1998 to
strengthen protections relating to the online collection, use, and
disclosure of personal information of children and teens, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Markey (for himself and Mr. Cassidy) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998 to
strengthen protections relating to the online collection, use, and
disclosure of personal information of children and teens, and for other
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 ``Children and
Teens' Online Privacy Protection Act''.
(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. Online collection, use, and disclosure of personal information
of children and teens.
Sec. 4. Fair Information Practices Principles.
Sec. 5. Digital Marketing Bill of Rights for Teens.
Sec. 6. Targeted marketing to children or teens.
Sec. 7. Removal of content.
Sec. 8. Rule for treatment of users of websites, services, and
applications directed to children or teens.
Sec. 9. Study of mobile and online application oversight.
Sec. 10. Youth Privacy and Marketing Division.
Sec. 11. Enforcement and applicability.
Sec. 12. GAO study.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Standards.--The term ``standards'' means benchmarks,
guidelines, best practices, methodologies, procedures, and
processes.
(b) Other Definitions.--The definitions set forth in section 1302
of the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501), as amended by section 3(a) of this Act, shall apply in this Act,
except to the extent the Commission provides otherwise by regulations
issued under section 553 of title 5, United States Code.
SEC. 3. ONLINE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
OF CHILDREN AND TEENS.
(a) Definitions.--Section 1302 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person--
``(i) who, for commercial purposes, in
interstate or foreign commerce operates or
provides a website on the internet, an online
service, an online application, a mobile
application, or a connected device; and
``(ii) who--
``(I) collects or maintains, either
directly or through a service provider,
personal information from or about the
users of that website, service,
application, or connected device;
``(II) allows another person to
collect personal information directly
from users of that website, service,
application, or connected device (in
which case, the operator is deemed to
have collected the information); or
``(III) allows users of that
website, service, application, or
connected device to publicly disclose
personal information (in which case,
the operator is deemed to have
collected the information); and
``(B) does not include any nonprofit entity that
would otherwise be exempt from coverage under section 5
of the Federal Trade Commission Act (15 U.S.C. 45).'';
(2) in paragraph (4)--
(A) by amending subparagraph (A) to read as
follows:
``(A) the release of personal information collected
from a child or teen for any purpose, except where the
personal information is provided to a person other than
an operator who--
``(i) provides support for the internal
operations of the website, online service,
online application, mobile application, or
connected device of the operator, excluding any
activity relating to targeted marketing
directed to children, teens, or connected
devices; and
``(ii) does not disclose or use that
personal information for any other purpose;
and''; and
(B) in subparagraph (B)--
(i) by inserting ``or teen'' after
``child'' each place the term appears;
(ii) by inserting ``or teens'' after
``children''; and
(iii) by striking ``website or online
service'' and inserting ``website, online
service, online application, mobile
application, or connected device'';
(3) in paragraph (8), by striking subparagraphs (F) and (G)
and inserting the following:
``(F) geolocation information;
``(G) information generated from the measurement or
technological processing of an individual's biological,
physical, or physiological characteristics, including--
``(i) fingerprints;
``(ii) voice prints;
``(iii) iris or retina imagery scans;
``(iv) facial imagery or templates;
``(v) deoxyribonucleic acid (DNA)
information; or
``(vi) gait;
``(H) information reasonably associated with or
attributed to a child or teen;
``(I) information (including an internet protocol
address) that permits the identification of--
``(i) an individual; or
``(ii) any device used by an individual to
directly or indirectly access the internet or
an online service, online application, mobile
application, or connected device; or
``(J) information concerning a child or teen or the
parents of that child or teen (including any unique or
substantially unique identifier, such as a customer
number) that an operator collects online from the child
or teen and combines with an identifier described in
this paragraph.'';
(4) by amending paragraph (9) to read as follows:
``(9) Verifiable consent.--The term `verifiable consent'
means any reasonable effort (taking into consideration
available technology), including a request for authorization
for future collection, use, and disclosure described in the
notice, to ensure that, in the case of a child, a parent of the
child, or, in the case of a teen, the teen--
``(A) receives specific notice of the personal
information collection, use, and disclosure practices
of the operator; and
``(B) before the personal information of the child
or teen is collected, freely and unambiguously
authorizes--
``(i) the collection, use, and disclosure,
as applicable, of that personal information;
and
``(ii) any subsequent use of that personal
information.'';
(5) by striking paragraph (10) and redesignating paragraphs
(11) and (12) as paragraphs (10) and (11), respectively; and
(6) by adding at the end the following:
``(12) Connected device.--The term `connected device' means
a device that is capable of connecting to the internet,
directly or indirectly, or to another connected device.
``(13) Online application.--The term `online application'--
``(A) means an internet-connected software program;
and
``(B) includes a service or application offered via
a connected device.
``(14) Online service.--
``(A) In general.--The term `online service' means
a mass-market retail service by wire or radio that
provides the capability to transmit data and receive
data from all or substantially all Internet endpoints,
including any capabilities that are incidental to and
enable the operation of a communications service, but
excluding dial-up Internet service.
``(B) Scope.--Such term includes--
``(i) any service that the Federal
Communications Commission finds to be providing
a functionally equivalent service to a service
described in subparagraph (A); and
``(ii) a service or application offered via
a connected device.
``(15) Directed to children or teens.--
``(A) In general.--The terms `directed to
children', `directed to teens', and `directed to
children or teens' mean, with respect to a website,
online service, online application, mobile application,
or connected device, that the website, online service,
online application, mobile application, or connected
device, or a portion thereof, is targeted to children
or teens, as the case may be, as demonstrated by--
``(i) the subject matter of the website,
online service, online application, mobile
application, or connected device;
``(ii) the visual content of the website,
online service, online application, mobile
application, or connected device;
``(iii) the use of animated characters or
child-oriented activities for children, or the
use of teen-oriented characters or teen-
oriented activities for teens, and related
incentives on the website, online service,
online application, mobile application, or
connected device;
``(iv) the music or other audio content on
the website, online service, online
application, mobile application, or connected
device;
``(v) the age of models on the website,
online service, online application, mobile
application, or connected device;
``(vi) the presence, on the website, online
service, online application, mobile
application, or connected device, of--
``(I) child celebrities;
``(II) celebrities who appeal to
children;
``(III) teen celebrities; or
``(IV) celebrities who appeal to
teens;
``(vii) the language used on the website,
online service, online application, mobile
application, or connected device;
``(viii) advertising content used on, or
used to advertise, the website, online service,
online application, mobile application, or
connected device; or
``(ix) reliable empirical evidence relating
to--
``(I) the composition of the
audience of the website, online
service, online application, mobile
application, or connected device; and
``(II) the intended audience of the
website, online service, online
application, mobile application, or
connected device.
``(B) Rules of construction.--
``(i) Services deemed directed to children
or teens.--For the purposes of this title, a
website, online service, online application,
mobile application, or connected device, or a
portion thereof, shall be deemed to be directed
to children or teens if it collects personal
information directly from users of any other
website, online service, online application,
mobile application, or connected device that
is--
``(I) directed to children or teens
under the criteria described in
subparagraph (A); or
``(II) used or reasonably likely to
be used by children or teens.
``(ii) Services deemed directed to mixed
audiences.--
``(I) In general.--A website,
online service, online application,
mobile application, or connected device
that is directed to children or teens
under the criteria described in
subparagraph (A), but that does not
target children or teens as the primary
audience of the website, online
service, online application, mobile
application, or connected device shall
not be deemed to be directed to
children or teens for purposes of this
title if the website, online service,
online application, mobile application,
or connected device--
``(aa) does not collect
personal information from any
user of the website, online
service, online application,
mobile application, or
connected device before
verifying age information of
the user; and
``(bb) does not, without
first complying with any
relevant notice and consent
provision under this title,
collect, use, or disclose
personal information of any
user who identifies themselves
to the website, online service,
online application, mobile
application, or connected
device as an individual who is
age 16 or younger.
``(II) Use of certain tools.--For
purposes of this title, a website,
online service, online application,
mobile application, or connected
device, shall not be deemed directed to
children or teens solely because the
website, online service, online
application, mobile application, or
connected device refers or links to any
other website, online service, online
application, mobile application, or
connected device directed to children
or teens by using information location
tools, including--
``(aa) a directory;
``(bb) an index;
``(cc) a reference;
``(dd) a pointer; or
``(ee) a hypertext link.
``(16) Mobile application.--The term `mobile application'--
``(A) means a software program that runs on the
operating system of--
``(i) a cellular telephone;
``(ii) a tablet computer; or
``(iii) a similar portable computing device
that transmits data over a wireless connection;
and
``(B) includes a service or application offered via
a connected device.
``(17) Geolocation information.--The term `geolocation
information' means information sufficient to identify a street
name and name of a city or town.
``(18) Teen.--The term `teen' means an individual over the
age of 12 and under the age of 17.
``(19) Targeted marketing.--
``(A) In general.--The term `targeted marketing'
means advertising or any other effort to market a
product or service that is directed to a specific
individual or device--
``(i) based on--
``(I) the personal information of--
``(aa) the individual; or
``(bb) a group of
individuals who are similar in
gender, age, income level,
race, or ethnicity to the
specific individual to whom the
product or service is marketed;
``(II) psychological profiling of
an individual or group of individuals;
or
``(III) a unique identifier of the
device; or
``(ii) as a result of use by the
individual, access by any device of the
individual, or use by a group of individuals
who are similar to the specific individual, of
more than a single--
``(I) website;
``(II) online service;
``(III) online application;
``(IV) mobile application;
``(V) connected device; or
``(VI) operating system.
``(B) Exclusions.--The term `targeted marketing'
shall not include--
``(i) advertising or marketing to an
individual or the device of an individual in
response to the individual's specific request
for information or feedback;
``(ii) contextual advertising, such as when
an advertisement is displayed based on the
context in which the advertisement appears and
does not vary based on who is viewing the
advertisement; or
``(iii) processing personal information
solely for measuring or reporting advertising
or content performance, reach, or frequency,
including independent measurement.
``(C) Authority to further define.--The Commission
may promulgate rules under section 553 of title 5,
United State Code, to further define the term `targeted
marketing' but only as necessary to address changes to
or innovations of technology, changes in how personal
information is used or transferred, changes to the
means and manners by which children or teens interact
with a website, online service, online application,
mobile application, or connected device, or evolving
concerns regarding the privacy of children or teens.
``(20) Reasonably likely to be used.--The Commission may
promulgate rules under section 553 of title 5, United States
Code, or issue guidance to establish factors that should be
considered in applying the term `reasonably likely to be used'
for the purposes of this title.
``(21) Reasonably likely to be a child or teen.--The
Commission may promulgate rules under section 553 of title 5,
United States Code, or issue guidance to establish factors that
should be considered in applying the term `reasonably likely to
be a child or teen' for the purposes of this title.''.
(b) Online Collection, Use, and Disclosure of Personal Information
of Children and Teens.--Section 1303 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
``online collection, use, and disclosure of personal
information of children and teens.'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--It is unlawful for an operator of a
website, online service, online application, mobile
application, or connected device that is directed to children
or teens or is used or reasonably likely to be used by children
or teens in a manner that involves the collection of personal
information, to collect personal information from a child or
teen in a manner that violates the regulations prescribed under
subsection (b).''; and
(B) in paragraph (2)--
(i) by striking ``of such a website or
online service''; and
(ii) by striking ``subsection
(b)(1)(B)(iii) to the parent of a child'' and
inserting ``subsection (b)(1)(A)(iii) to the
parent of a child or under subsection
(b)(1)(A)(iv) to a teen''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``this Act'' and inserting
``the Children and Teens' Online Privacy
Protection Act'';
(ii) in subparagraph (A)--
(I) by striking ``operator of any
website'' and all that follows through
``from a child'' and inserting
``operator of a website, online
service, online application, mobile
application, or connected device that
is directed to children or teens or is
used or is reasonably likely to be used
by children or teens in a manner that
involves the collection of their
personal information'';
(II) in clause (i)--
(aa) by striking ``notice
on the website'' and inserting
``clear and conspicuous
notice'';
(bb) by inserting ``or
teens'' after ``children'';
(cc) by striking ``, and
the operator's'' and inserting
``, the operator's''; and
(dd) by striking ``; and''
and inserting ``, and the
procedures or mechanisms the
operator uses to ensure that
personal information is not
collected from children or
teens except in accordance with
the regulations promulgated
under this paragraph;''; and
(III) in clause (ii)--
(aa) by striking
``parental''; and
(bb) by inserting ``or
teens'' after ``children'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``website or online
service'' and inserting ``operator'';
(II) in clause (ii), by inserting
``to delete personal information
collected from the child or'' after
``the opportunity at any time''; and
(III) in clause (iii), by inserting
``, if such information is available to
the operator at the time the parent
makes the request'' before the
semicolon;
(iv) by redesignating subparagraphs (C) and
(D) as subparagraphs (D) and (E), respectively;
(v) by inserting after subparagraph (B) the
following new subparagraph:
``(C) require the operator to provide, upon the
request of a teen under this subparagraph who has
provided personal information to the operator, upon
proper identification of that teen--
``(i) a description of the specific types
of personal information collected from the teen
by the operator;
``(ii) the opportunity at any time to
delete personal information collected from the
teen and refuse further use or collection of
personal information from the teen; and
``(iii) a means that is reasonable under
the circumstances for the teen to obtain any
personal information collected from the teen,
if such information is available to the
operator at the time the teen makes the
request;'';
(vi) in subparagraph (D), as so
redesignated, by striking ``conditioning'' and
all that follows through ``such activity'' and
inserting the following: ``the collection from
a child or teen of more personal information
that is reasonably required to use the website,
online service, online application, mobile
application, or connected device'';
(vii) in subparagraph (E), as so
redesignated--
(I) by striking ``of such a website
or online service''; and
(II) by inserting ``and teens''
after ``children''; and
(viii) by adding at the end the following
flush text:
``The Commission shall review and update the regulations
promulgated under this paragraph as necessary.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``verifiable parental
consent'' and inserting ``verifiable consent'';
(ii) in subparagraph (A)--
(I) by inserting ``or teen'' after
``collected from a child'';
(II) by inserting ``or teen'' after
``request from the child''; and
(III) by inserting ``or teen or to
contact another child or teen'' after
``to recontact the child'';
(iii) in subparagraph (B)--
(I) by striking ``parent or child''
and inserting ``parent or teen''; and
(II) by striking ``parental
consent'' each place the term appears
and inserting ``verifiable consent'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause
(i), by inserting ``or teen'' after
``child'' each place the term appears;
(II) in clause (i)--
(aa) by inserting ``or
teen'' after ``child'' each
place the term appears; and
(bb) by inserting ``or
teen, as applicable,'' after
``parent'' each place the term
appears; and
(III) in clause (ii)--
(aa) by inserting ``or
teen, as applicable,'' after
``parent''; and
(bb) by inserting ``or
teen'' after ``child'' each
place the term appears; and
(v) in subparagraph (D)--
(I) in the matter preceding clause
(i), by inserting ``or teen'' after
``child'' each place the term appears;
(II) in clause (ii), by inserting
``or teen'' after ``child''; and
(III) in the flush text following
clause (iii)--
(aa) by inserting ``or
teen, as applicable,'' after
``parent'' each place the term
appears; and
(bb) by inserting ``or
teen'' after ``child''; and
(C) by amending paragraph (3) to read as follows:
``(3) Continuation of service.--The regulations shall
prohibit an operator from discontinuing service provided to a
child or teen on the basis of a request by the parent of the
child or by the teen, under the regulations prescribed under
subparagraph (B) or (C) of paragraph (1), respectively, to
delete personal information collected from the child or teen,
to the extent that the operator is capable of providing such
service without such information.''.
(c) Safe Harbors.--Section 1304 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6503) is amended--
(1) in subsection (b)(1), by inserting ``and teens'' after
``children''; and
(2) by adding at the end the following:
``(d) Publication.--
``(1) In general.--The Commission shall publish on the
internet website of the Commission any report or documentation
required by regulation to be submitted to the Commission to
carry out this section.
``(2) Restrictions on publication.--The restrictions
described in subsection (f) of section 6 of the Federal Trade
Commission Act (15 U.S.C. 46(f)) applicable to the publication
of information obtained by the Commission through
investigations conducted under such section shall apply in same
manner to the publication under this subsection of information
obtained by the Commission from a report or documentation
described in paragraph (1).''.
(d) Administration and Applicability of Act.--Section 1306 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, in the case
of'' and all that follows through ``the Board of
Directors of the Federal Deposit Insurance
Corporation;'' and inserting the following: ``by the
appropriate Federal banking agency, with respect to any
insured depository institution (as those terms are
defined in section 3 of that Act (12 U.S.C. 1813));'';
and
(B) by striking paragraph (2) and redesignating
paragraphs (3) through (6) as paragraphs (2) through
(5), respectively; and
(2) by adding at the end the following new subsection:
``(f) Telecommunications Carriers and Cable Operators.--
``(1) Enforcement by commission.--Notwithstanding section
4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C.
44, 45(a)(2), 46), or any jurisdictional limitation of the
Commission, the Commission shall also enforce this Act and the
regulations promulgated under this Act, in the same manner
provided in subsection (d), with respect to common carriers
subject to the Communications Act of 1934 (47 U.S.C. 151 et
seq.) and Acts amendatory thereof and supplementary thereto.
``(2) Relationship to other law.--To the extent that
section 222, 338(i), or 631 of the Communications Act of 1934
(47 U.S.C. 222, 338(i), 551) is inconsistent with this title,
this title controls.''.
SEC. 4. FAIR INFORMATION PRACTICES PRINCIPLES.
(a) In General.--The Fair Information Practices Principles
described in this section are the following:
(1) Collection limitation principle.--Except as provided in
paragraph (3), personal information should be collected from a
child or teen only when collection of the personal information
is--
(A) consistent with the context of a particular
transaction or service or the relationship of the child
or teen with the operator, including collection
necessary to fulfill a transaction or provide a service
requested by the child or teen; or
(B) required or specifically authorized by law.
(2) Data quality principle.--The personal information of a
child or teen should be accurate, complete, and kept up-to-date
to the extent necessary to fulfill the purposes described in
subparagraphs (A) through (D) of paragraph (3).
(3) Purpose specification principle.--The purposes for
which personal information is collected and used should be
specified to the parent of a child or to a teen not later than
at the time of the collection of the information. The
subsequent use or disclosure of the information should be
limited to--
(A) fulfillment of the transaction or service
requested by the teen or parent of the child;
(B) support for the internal operations of the
website, service, or application, as described in
section 312.2 of title 16, Code of Federal Regulations
(as in effect on the date of enactment of this Act),
excluding any activity relating to targeted marketing
directed to children, teens, or a device of a child or
teen if the support for internal operations in
consistent with the interest of the child or teen;
(C) compliance with legal process or other purposes
expressly authorized under specific legal authority; or
(D) other purposes--
(i) that are specified in a notice to the
teen or parent of the child; and
(ii) to which the teen or parent of the
child has consented under paragraph (7) before
the information is used or disclosed for such
other purposes.
(4) Retention limitation principle.--
(A) In general.--The personal information of a
child or teen should not be retained for longer than is
necessary to fulfill a transaction or provide a service
requested by the child or teen or such other purposes
specified in subparagraphs (A) through (D) of paragraph
(3).
(B) Data disposal.--The operator should implement a
reasonable and appropriate data disposal policy based
on the nature and sensitivity of personal information
described in subparagraph (A).
(5) Security safeguards principle.--The personal
information of a child or teen should be protected by
reasonable and appropriate security safeguards against risks
such as loss or unauthorized access, destruction, use,
modification, or disclosure.
(6) Transparency principle.--
(A) General principle.--The operator should be
transparent about developments, practices, and policies
with respect to the personal information of a child or
teen.
(B) Provision of information.--The operator should
provide to each parent of a child, or to each teen,
using the website, online service, online application,
mobile application, or connected device of the operator
with a clear and prominent means--
(i) to identify and contact the operator,
by, at a minimum, disclosing, clearly and
prominently, the identity of the operator and--
(I) in the case of an operator who
is an individual, the address of the
principal residence (but not a personal
residence) of the operator and an email
address or online contact form and
telephone number for the operator; or
(II) in the case of any other
operator, the address of the principal
place of business of the operator and
an email address or online contact form
and telephone number for the operator;
(ii) to determine whether the operator
possesses any personal information of the child
or teen, the nature of any such information,
and the purposes for which the information was
collected and is being retained;
(iii) to obtain any personal information of
the child or teen that is in the possession of
the operator from the operator, or from a
person specified by the operator, within a
reasonable time after making a request, at a
charge (if any) that is not excessive, in a
reasonable manner, and in a form that is
readily intelligible to the child or teen;
(iv) to challenge the accuracy of personal
information of the child or teen that is in the
possession of the operator;
(v) to determine if the child or teen has
established the inaccuracy of personal
information in a challenge under clause (iv) in
order to have such information erased,
corrected, completed, or otherwise amended; and
(vi) to determine the method by which the
operator obtains data relevant to the child or
teen.
(C) Limitation.--Nothing in this paragraph shall be
construed to permit an operator to erase or otherwise
modify personal information requested by a law
enforcement agency pursuant to legal authority.
(7) Individual participation principle.--The operator
should--
(A) obtain consent from a parent of a child or from
a teen before using or disclosing the personal
information of the child or teen for any purpose other
than the purposes described in subparagraph (A) of
paragraph (3); and
(B) obtain affirmative express consent from a
parent of a child or from a teen before using or
disclosing previously collected personal information of
the child or teen for purposes that constitute a
material change in practice from the original purposes
specified to the child or teen under paragraph (3).
(8) Racial and socioeconomic profiling.--The personal
information of a child or teen shall not be used to direct
content to the child or teen, or a group of individuals similar
to the child or teen, on the basis of race, socioeconomic
factors, or any proxy thereof.
(b) Rule of Construction.--Nothing in this section, including
compliance with the Fair Information Principles, shall be construed to
permit an operator to avoid compliance with other requirements set
forth in this Act or the Children's Online Privacy Protection Act (15
U.S.C. 6501 et seq.).
SEC. 5. DIGITAL MARKETING BILL OF RIGHTS FOR TEENS.
(a) Acts Prohibited.--
(1) Prohibition.--
(A) In general.--Except as provided in subparagraph
(B), it shall be unlawful for an operator of a website,
online service, online application, mobile application,
or connected device to collect personal information
from a user if--
(i) the user is reasonably likely to be a
teen; or
(ii) the website, online service, online
application, mobile application, or connected
device is directed to teens.
(B) Exception.--Subparagraph (A) shall not apply to
an operator that has adopted and complies with a
Digital Marketing Bill of Rights for Teens that meets
the Fair Information Practices Principles described in
section 4.
(2) Effective date.--This subsection shall take effect on
the date that is 180 days after the promulgation of regulations
under subsection (b).
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall promulgate, under
section 553 of title 5, United States Code, regulations to
implement this section, including regulations further defining
the Fair Information Practices Principles described in section
4.
(2) Updates.--Not less frequently than once every 4 years
after the date on which regulations are promulgated under
paragraph (1), the Commission shall review and update those
regulations as necessary.
SEC. 6. TARGETED MARKETING TO CHILDREN AND TEENS.
(a) Prohibited Acts With Respect to Children and Teens.--It shall
be unlawful for an operator of a website, online service, online
application, mobile application, or connected device to collect, use,
disclose to third parties, or compile personal information of a user
for purposes of targeted marketing (or to allow another person to
collect, use, disclose, or compile such information for such purpose)
if--
(1) such use, disclosure, or compiling of personal
information involves or is reasonably likely to involve
collection of personal information from a child or teen; or
(2) the website, online service, online application, mobile
application, or connected device is directed to children or
teens.
(b) Effective Date.--This section shall take effect on the date
that is 180 days after the date of enactment of this Act.
SEC. 7. REMOVAL OF CONTENT.
(a) Acts Prohibited.--It is unlawful for an operator to make, or
enable a child or teen to make, publicly available through a website,
online service, online application, mobile application, or connected
device content or information that contains or displays personal
information of children or teens in a manner that violates subsection
(b).
(b) Requirement.--
(1) In general.--An operator, to the extent technologically
feasible, shall--
(A) implement mechanisms that permit a user of the
website, online service, online application, mobile
application, or connected device of the operator (and,
in the case of a user that is a child, a parent of that
user) to erase or otherwise eliminate content or
information that is--
(i) submitted to the website, online
service, online application, mobile
application, or connected device by that user;
(ii) publicly available through the
website, online service, online application,
mobile application, or connected device; and
(iii) contains or displays personal
information of children or teens; and
(B) take appropriate steps to--
(i) make users and parents of users who are
children aware of the mechanisms described in
subparagraph (A); and
(ii) provide notice to users and parents of
users who are children that the mechanisms
described in subparagraph (A) do not
necessarily provide comprehensive removal of
the content or information submitted by users.
(2) Exceptions.--Paragraph (1) shall not be construed to
require an operator or third party to erase or otherwise
eliminate content or information that--
(A) any other provision of Federal or State law
requires the operator or third party to maintain; or
(B) was submitted to the website, online service,
online application, mobile application, or connected
device of the operator by any person other than the
user who is attempting to erase or otherwise eliminate
the content or information, including content or
information submitted by the user that was republished
or resubmitted by another person.
(c) Limitation.--Nothing in this section shall be construed to
limit the authority of a law enforcement agency to obtain any content
or information from an operator as authorized by law or pursuant to an
order of a court of competent jurisdiction.
(d) Effective Date.--This section shall take effect on the date
that is 180 days after the date of enactment of this Act.
SEC. 8. RULE FOR TREATMENT OF USERS OF WEBSITES, SERVICES, AND
APPLICATIONS DIRECTED TO CHILDREN OR TEENS.
For the purposes of this Act, an operator of a website, online
service, online application, mobile application, or connected device
that is directed to children or teens shall treat each user of that
website, online service, online application, mobile application, or
connected device as a child or teen, except as permitted by the
Commission pursuant to a regulation promulgated under this Act, and
except to the extent the website, online service, online application,
mobile application, or connected device is deemed directed to mixed
audiences.
SEC. 9. STUDY OF MOBILE AND ONLINE APPLICATION OVERSIGHT.
Not later than 3 years after the date of enactment of this Act, the
Commission shall submit to each committee of the Senate and each
committee of the House of Representatives that has jurisdiction over
the Commission a report on the processes of platforms that offer mobile
and online applications for ensuring that, of those applications that
are directed to children or teens, the applications operate in
accordance with--
(1) this Act, the amendments made by this Act, and rules
promulgated under this Act; and
(2) rules promulgated by the Commission under section 5 of
the Federal Trade Commission Act (15 U.S.C. 45) relating to
unfair or deceptive acts or practices in marketing.
SEC. 10. YOUTH PRIVACY AND MARKETING DIVISION.
(a) Establishment.--There is established within the Commission a
division to be known as the Youth Privacy and Marketing Division.
(b) Director.--The Youth Privacy and Marketing Division shall be
headed by a Director.
(c) Duties.--The Youth Privacy and Marketing Division established
under subsection (a) shall be responsible for assisting the Commission
to address, as it relates to this Act and the amendments made by this
Act--
(1) the privacy of children and teens; and
(2) marketing directed at children and teens.
(d) Staff.--The Director of the Youth Privacy and Marketing
Division shall hire adequate staff to carry out the duties under
subsection (c), including individuals who are experts in data
protection, digital advertising, data analytics, and youth development.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and each year thereafter, the Director of the Youth and
Privacy Marketing Division shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that includes--
(1) a description of the work of the Youth Privacy and
Marketing Division on emerging concerns relating to youth
privacy and marketing practices; and
(2) an assessment of how effectively the Commission has,
during the period for which the report is submitted, addressed
youth privacy and marketing practices.
SEC. 11. ENFORCEMENT AND APPLICABILITY.
(a) Enforcement by the Commission.--
(1) In general.--Except as otherwise provided, this Act and
the regulations prescribed under this Act shall be enforced by
the Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(2) Unfair or deceptive acts or practices.--Subject to
subsection (b), a violation of this Act or a regulation
prescribed under this Act 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)).
(3) Actions by the commission.--
(A) In general.--Subject to subsection (b), and
except as provided in subsection (d)(1), the Commission
shall prevent any person from violating this Act or a
regulation prescribed under 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, and any person who
violates this Act or such regulation shall be subject
to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission
Act.
(B) Violations.--Notwithstanding section 5(m) of
the Federal Trade Commission Act (15 U.S.C. 45(m)), a
civil penalty recovered for a violation of this Act or
a regulation prescribed under this Act may be in excess
of the amounts provided for in that section as the
court finds appropriate to deter violations of this Act
and regulations prescribed under this Act.
(b) Enforcement by Certain Other Agencies.--Notwithstanding
subsection (a), compliance with the requirements imposed under this Act
shall be enforced as follows:
(1) Under section 8 of the Federal Deposit Insurance Act
(12 U.S.C. 1818) by the appropriate Federal banking agency,
with respect to an insured depository institution (as such
terms are defined in section 3 of such Act (12 U.S.C. 1813)).
(2) Under the Federal Credit Union Act (12 U.S.C. 1751 et
seq.) by the National Credit Union Administration Board, with
respect to any Federal credit union.
(3) Under 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 such part.
(4) Under the Packers and Stockyards Act, 1921 (7 U.S.C.
181 et seq.) (except as provided in section 406 of that Act (7
U.S.C. 226, 227)) by the Secretary of Agriculture, with respect
to any activities subject to that Act.
(5) Under 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.
(c) Enforcement by State Attorneys General.--
(1) In general.--
(A) Civil actions.--In any case in which the
attorney general of a State has reason to believe that
an interest of the residents of that State has been or
is threatened or adversely affected by the engagement
of any person in a practice that violates this Act or a
regulation prescribed under this Act, the State, as
parens patriae, may bring a civil action on behalf of
the residents of the State in a district court of the
United States of appropriate jurisdiction to--
(i) enjoin that practice;
(ii) enforce compliance with this Act or
such regulation;
(iii) obtain damages, restitution, or other
compensation on behalf of residents of the
State; or
(iv) obtain such other relief as the court
may consider to be appropriate.
(B) Notice.--
(i) In general.--Before filing an action
under subparagraph (A), the attorney general of
the State involved shall provide to the
Commission--
(I) written notice of that action;
and
(II) a copy of the complaint for
that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall
not apply with respect to the filing of
an action by an attorney general of a
State under this paragraph if the
attorney general of the State
determines that it is not feasible to
provide the notice described in that
clause before the filing of the action.
(II) Notification.--In an action
described in subclause (I), the
attorney general of a State shall
provide notice and a copy of the
complaint to the Commission at the same
time as the attorney general files the
action.
(2) Intervention.--
(A) In general.--On receiving notice under
paragraph (1)(B), the Commission shall have the right
to intervene in the action that is the subject of the
notice.
(B) Effect of intervention.--If the Commission
intervenes in an action under paragraph (1), it shall
have the right--
(i) to be heard with respect to any matter
that arises in that action; and
(ii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary and other evidence.
(4) Actions by the commission.--In any case in which an
action is instituted by or on behalf of the Commission for
violation of this Act or a regulation prescribed under this
Act, no State may, during the pendency of that action,
institute a separate action under paragraph (1) against any
defendant named in the complaint in the action instituted by or
on behalf of the Commission for that violation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in the district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(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.
(d) Telecommunications Carriers and Cable Operators.--
(1) Enforcement by commission.--Notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C.
44, 45(a)(2), 46) or any jurisdictional limitation of the
Commission, the Commission shall also enforce this Act and
regulations promulgated under this Act, in the same manner
provided in paragraph (a), with respect to common carriers
subject to the Communications Act of 1934 (47 U.S.C. 151 et
seq.) and Acts amendatory thereof and supplementary thereto.
(2) Relationship to other laws.--To the extent that section
222, 338(i), or 631 of the Communications Act of 1934 (47
U.S.C. 222, 338(i), 551) is inconsistent with this Act, this
Act controls.
(e) Safe Harbors.--
(1) Definition.--In this subsection--
(A) the term ``applicable section'' means section
5, 6, 7, or 8 of this Act;
(B) the term ``covered operator'' means an operator
subject to guidelines approved under paragraph (2);
(C) the term ``requesting entity'' means an entity
that submits a safe harbor request to the Commission;
and
(D) the term ``safe harbor request'' means a
request to have self-regulatory guidelines described in
paragraph (2)(A) approved under that paragraph.
(2) Guidelines.--
(A) In general.--An operator may satisfy the
requirements of regulations issued under an applicable
section by following a set of self-regulatory
guidelines, issued by representatives of the marketing
or online industries, or by other persons, that, after
notice and an opportunity for comment, are approved by
the Commission upon making a determination that the
guidelines meet the requirements of the regulations
issued under that applicable section.
(B) Expedited response to requests.--Not later than
180 days after the date on which a safe harbor request
is filed under subparagraph (A), the Commission shall
act upon the request set forth in writing the
conclusions of the Commission with regard to the
request.
(C) Appeals.--A requesting entity may appeal the
final action of the Commission under subparagraph (B),
or a failure by the Commission to act in the period
described in that paragraph, to a district court of the
United States of appropriate jurisdiction, as provided
for in section 706 of title 5, United States Code.
(3) Incentives.--
(A) Self-regulatory incentives.--In prescribing
regulations under an applicable section, the Commission
shall provide incentives for self-regulation by covered
operators to implement the protections afforded
children and teens, as applicable, under the regulatory
requirements described in those sections.
(B) Deemed compliance.--The incentives under
subparagraph (A) shall include provisions for ensuring
that a covered operator will be deemed to be in
compliance with the requirements of the regulations
under an applicable section if that person complies
with guidelines approved under paragraph (2).
(4) Regulations.--
(A) In general.--In prescribing regulations
relating to safe harbor guidelines under an applicable
section, the Commission shall--
(i) establish criteria for the approval of
guidelines that will ensure that a covered
operator provides substantially the same or
greater protections for children and teens, as
applicable, as those contained in the
regulations issued under the applicable
section; and
(ii) subject to subsection (B), require
that any report or documentation required to be
submitted to the Commission by a covered
operator or requesting entity will be published
on the internet website of the Commission.
(B) Restrictions on publication.--The restrictions
described in subsection (f) of section 6 of the Federal
Trade Commission Act (15 U.S.C. 46(f)) applicable to
the publication of information obtained by the
Commission through investigations conducted under such
section shall apply in same manner to the publication
under this paragraph of information included in a
report or documentation described in subparagraph (A).
(5) Report by the inspector general.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and once each 2 years
thereafter, the Inspector General of the Commission
shall submit to the Commission and each committee of
the Senate and each committee of the House of
Representatives that has jurisdiction over the
Commission a report regarding the safe harbor
provisions under this subparagraph, which shall
include--
(i) an analysis of whether the safe harbor
provisions are--
(I) operating fairly and
effectively; and
(II) effectively protecting the
interests of children and teens; and
(ii) proposals for policy changes that
would improve the effectiveness of the safe
harbor provisions.
(B) Publication.--Not later than 10 days after the
date on which a report under subparagraph (A) is
submitted, the Commission shall publish the report on
the internet website of the Commission.
(f) Effective Date.--This section shall take effect on the date
that is 90 days after the date of enactment of this Act.
(g) Rule of Construction.--Nothing in this Act may be construed to
authorize any action by the Commission that would violate section 18(h)
of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
SEC. 12. GAO STUDY.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study on the privacy of teens who use financial technology products.
Such study shall--
(1) identify the type of financial technology products that
teens are using;
(2) identify the potential risks to teens' privacy from
using such financial technology products; and
(3) determine whether existing laws are sufficient to
address such risks to teens' privacy.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Comptroller General shall submit to Congress a report
containing the results of 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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118S1419 | ERASER Act | [
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"Sen... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1419 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1419
To require each agency to repeal 3 existing regulations before issuing
a new regulation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Schmitt (for himself, Mr. Braun, Mrs. Britt, Mr. Hawley, and Mr.
Scott of Florida) introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
_______________________________________________________________________
A BILL
To require each agency to repeal 3 existing regulations before issuing
a new regulation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expediting Reform And Stopping
Excess Regulations Act'' or the ``ERASER Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency; rule.--The terms ``agency'' and ``rule'' have
the meanings given those terms in section 551 of title 5,
United States Code.
(2) Major rule.--The term ``major rule'' has the meaning
given the term in section 804 of title 5, United States Code.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and each federally recognized Indian
tribe.
SEC. 3. REPEAL OF REGULATIONS REQUIRED BEFORE ISSUANCE OF A NEW RULE.
(a) Requirement for Rule.--An agency may not issue a rule unless
the agency has repealed 3 or more rules described in subsection (c)
that, to the extent practicable, are related to the rule.
(b) Requirement for Major Rule.--
(1) Repeal required.--An agency may not issue a major rule
unless--
(A) the agency has repealed 3 or more rules
described in subsection (c) that, to the extent
practicable, are related to the major rule; and
(B) the cost of the new major rule is less than or
equal to the cost of the rules repealed.
(2) Certified cost.--For any rule issued in accordance with
paragraph (1), the Administrator of the Office of Information
and Regulatory Affairs of the Office of Management and Budget
shall certify that the cost of the new major rule is equal to
or less than the cost of the rules repealed.
(c) Repealed Rules Described.--A rule described in this section--
(1) does not include an interpretative rule, general
statement of policy, or rule of agency organization, procedure,
or practice; and
(2) was issued through the notice and comment rulemaking
process under section 553 of title 5, United States Code.
(d) Publication Required.--Any rule repealed under subsection (a)
or (b) shall be published in the Federal Register.
(e) Applicability.--This section--
(1) applies to any rule or major rule that imposes a cost
or responsibility on a nongovernmental person or a State or
local government; and
(2) shall not apply to any rule or major rule that relates
to the management, organization, or personnel of an agency or
procurement by the agency.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
Not later than 1 year after the date of enactment of this Act, and
every 5 years thereafter, the Comptroller General of the United States
shall conduct a study and submit to Congress a report that includes, as
of the date on which the report is submitted--
(1) the number of rules that are in effect;
(2) the number of major rules that are in effect; and
(3) the total estimated economic cost imposed by the rules
described in paragraphs (1) and (2).
<all>
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118S142 | Preserve Access to Affordable Generics and Biosimilars Act | [
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... | <p><b>Preserve Access to Affordable Generics and Biosimilars Act</b></p> <p>This bill authorizes the Federal Trade Commission (FTC) to initiate proceedings against parties to any agreement resolving or settling a patent infringement claim in connection with the sale of a drug or biological product. Such an agreement is presumed to have anticompetitive effects and is a violation of this bill if the filer of the generic drug or biosimilar application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug or biosimilar.</p> <p>An agreement is exempted if the only consideration granted to the generic manufacturer is (1) the right to market and secure final approval for its product prior to the expiration of any statutory exclusivity, (2) a payment for reasonable litigation expenses, or (3) a covenant not to sue on any claim that the generic drug or biosimilar infringes a patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects.</p> <p> When a generic or biosimilar drug manufacturer enters into an agreement with another drug manufacturer related to the manufacturing, marketing, or sale of a drug, the manufacturers must certify that the material they have given the FTC concerning the agreement contains the complete agreement and any agreements related to that main agreement, including descriptions of any oral agreements or representations.</p> <p>The bill imposes penalties for violations of this bill, including the forfeiture of the 180-day marketing exclusivity period for a generic drug.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 142 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 142
To prohibit brand name drug companies from compensating generic drug
companies to delay the entry of a generic drug into the market, and to
prohibit biological product manufacturers from compensating biosimilar
and interchangeable companies to delay the entry of biosimilar
biological products and interchangeable biological products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Ms. Klobuchar (for herself, Mr. Grassley, Mr. Durbin, Mr. Cramer, Mr.
Blumenthal, Mr. Kelly, Mr. Van Hollen, and Mr. Booker) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To prohibit brand name drug companies from compensating generic drug
companies to delay the entry of a generic drug into the market, and to
prohibit biological product manufacturers from compensating biosimilar
and interchangeable companies to delay the entry of biosimilar
biological products and interchangeable biological products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserve Access to Affordable
Generics and Biosimilars Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--Congress finds the following:
(1) In 1984, the Drug Price Competition and Patent Term
Restoration Act (Public Law 98-417) (referred to in this Act as
the ``1984 Act''), was enacted with the intent of facilitating
the early entry of generic drugs while preserving incentives
for innovation.
(2) Prescription drugs make up approximately 10 percent of
the national health care spending.
(3) Initially, the 1984 Act was successful in facilitating
generic competition to the benefit of consumers and health care
payers, although 88 percent of all prescriptions dispensed in
the United States are generic drugs, they account for only 28
percent of all expenditures.
(4) Generic drugs cost substantially less than brand name
drugs, with discounts off the brand price averaging 80 to 85
percent.
(5) Federal dollars currently account for over 40 percent
of the $325,000,000,000 spent on retail prescription drugs, and
this share is expected to rise to 47 percent by 2025.
(6)(A) In recent years, the intent of the 1984 Act has been
subverted by certain settlement agreements in which brand name
companies transfer value to their potential generic competitors
to settle claims that the generic company is infringing the
branded company's patents.
(B) These ``reverse payment'' settlement agreements--
(i) allow a branded company to share its monopoly
profits with the generic company as a way to protect
the branded company's monopoly; and
(ii) have unduly delayed the marketing of low-cost
generic drugs contrary to free competition, the
interests of consumers, and the principles underlying
antitrust law.
(C) Because of the price disparity between brand name and
generic drugs, such agreements are more profitable for both the
brand and generic manufacturers than competition and will
become increasingly common unless prohibited.
(D) These agreements result in consumers losing the
benefits that the 1984 Act was intended to provide.
(7) In 2010, the Biologics Price Competition and Innovation
Act (Public Law 111-148) (referred to in this Act as the
``BPCIA''), was enacted with the intent of facilitating the
early entry of biosimilar and interchangeable follow-on
versions of branded biological products while preserving
incentives for innovation.
(8) Biological drugs play an important role in treating
many serious illnesses, from cancers to genetic disorders. They
are also expensive, representing more than 40 percent of all
prescription drug spending.
(9) Competition from biosimilar and interchangeable
biological products promises to lower drug costs and increase
patient access to biological medicines. But ``reverse payment''
settlement agreements also threaten to delay the entry of
biosimilar and interchangeable biological products, which would
undermine the goals of BPCIA.
(b) Purposes.--The purposes of this Act are--
(1) to enhance competition in the pharmaceutical market by
stopping anticompetitive agreements between brand name and
generic drug and biosimilar biological product manufacturers
that limit, delay, or otherwise prevent competition from
generic drugs and biosimilar biological products; and
(2) to support the purpose and intent of antitrust law by
prohibiting anticompetitive practices in the pharmaceutical
industry that harm consumers.
SEC. 3. UNLAWFUL COMPENSATION FOR DELAY.
(a) In General.--The Federal Trade Commission Act (15 U.S.C. 44 et
seq.) is amended by inserting after section 26 (15 U.S.C. 57c-2) the
following:
``SEC. 27. PRESERVING ACCESS TO AFFORDABLE GENERICS AND BIOSIMILARS.
``(a) In General.--
``(1) Enforcement proceeding.--The Commission may initiate
a proceeding to enforce the provisions of this section against
the parties to any agreement resolving or settling, on a final
or interim basis, a patent claim, in connection with the sale
of a drug product or biological product.
``(2) Presumption and violation.--
``(A) In general.--Subject to subparagraph (B), in
such a proceeding, an agreement shall be presumed to
have anticompetitive effects and shall be a violation
of this section if--
``(i) an ANDA filer or a biosimilar
biological product application filer receives
anything of value, including an exclusive
license; and
``(ii) the ANDA filer or biosimilar
biological product application filer agrees to
limit or forgo research, development,
manufacturing, marketing, or sales of the ANDA
product or biosimilar biological product, as
applicable, for any period of time.
``(B) Exception.--Subparagraph (A) shall not apply
if the parties to such agreement demonstrate by clear
and convincing evidence that--
``(i) the value described in subparagraph
(A)(i) is compensation solely for other goods
or services that the ANDA filer or biosimilar
biological product application filer has
promised to provide; or
``(ii) the procompetitive benefits of the
agreement outweigh the anticompetitive effects
of the agreement.
``(b) Limitations.--In determining whether the settling parties
have met their burden under subsection (a)(2)(B), the fact finder shall
not presume--
``(1) that entry would not have occurred until the
expiration of the relevant patent or statutory exclusivity; or
``(2) that the agreement's provision for entry of the ANDA
product or biosimilar biological product prior to the
expiration of the relevant patent or statutory exclusivity
means that the agreement is procompetitive.
``(c) Exclusions.--Nothing in this section shall prohibit a
resolution or settlement of a patent infringement claim in which the
consideration that the ANDA filer or biosimilar biological product
application filer, respectively, receives as part of the resolution or
settlement includes only one or more of the following:
``(1) The right to market and secure final approval in the
United States for the ANDA product or biosimilar biological
product at a date, whether certain or contingent, prior to the
expiration of--
``(A) any patent that is the basis for the patent
infringement claim; or
``(B) any patent right or other statutory
exclusivity that would prevent the marketing of such
ANDA product or biosimilar biological product.
``(2) A payment for reasonable litigation expenses not to
exceed--
``(A) for calendar year 2023, $7,500,000; or
``(B) for calendar year 2024 and each subsequent
calendar year, the amount determined for the preceding
calendar year adjusted to reflect the percentage
increase (if any) in the Producer Price Index for Legal
Services published by the Bureau of Labor Statistics of
the Department of Labor for the most recent calendar
year.
``(3) A covenant not to sue on any claim that the ANDA
product or biosimilar biological product infringes a United
States patent.
``(d) Enforcement.--
``(1) Enforcement.--A violation of this section shall be
treated as an unfair method of competition under section
5(a)(1).
``(2) Judicial review.--
``(A) In general.--Any party that is subject to a
final order of the Commission, issued in an
administrative adjudicative proceeding under the
authority of subsection (a)(1), may, within 30 days of
the issuance of such order, petition for review of such
order in--
``(i) the United States Court of Appeals
for the District of Columbia Circuit;
``(ii) the United States Court of Appeals
for the circuit in which the ultimate parent
entity, as defined in section 801.1(a)(3) of
title 16, Code of Federal Regulations, or any
successor thereto, of the NDA holder or
biological product license holder is
incorporated as of the date that the NDA or
biological product license application, as
applicable, is filed with the Commissioner of
Food and Drugs; or
``(iii) the United States Court of Appeals
for the circuit in which the ultimate parent
entity of the ANDA filer or biosimilar
biological product application filer is
incorporated as of the date that the ANDA or
biosimilar biological product application is
filed with the Commissioner of Food and Drugs.
``(B) Treatment of findings.--In a proceeding for
judicial review of a final order of the Commission, the
findings of the Commission as to the facts, if
supported by evidence, shall be conclusive.
``(e) Antitrust Laws.--Nothing in this section 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(a)), and of section 5 of this Act to the extent that section
5 applies to unfair methods of competition. Nothing in this section
shall modify, impair, limit, or supersede the right of an ANDA filer or
biosimilar biological product application filer to assert claims or
counterclaims against any person, under the antitrust laws or other
laws relating to unfair competition.
``(f) Penalties.--
``(1) Forfeiture.--Each party that violates or assists in
the violation of this section shall forfeit and pay to the
United States a civil penalty sufficient to deter violations of
this section, but in no event greater than 3 times the value
received by the party that is reasonably attributable to the
violation of this section. If no such value has been received
by the NDA holder, the biological product license holder, the
ANDA filer, or the biosimilar biological product application
filer, the penalty to the NDA holder, the biological product
license holder, the ANDA filer, or the biosimilar biological
product application filer shall be sufficient to deter
violations, but in no event shall be greater than 3 times the
value given to an ANDA filer or biosimilar biological product
application filer reasonably attributable to the violation of
this section. Such penalty shall accrue to the United States
and may be recovered in a civil action brought by the
Commission, in its own name by any of its attorneys designated
by it for such purpose, in a district court of the United
States against any party that violates this section. In such
actions, the United States district courts are empowered to
grant mandatory injunctions and such other and further
equitable relief as they deem appropriate.
``(2) Cease and desist.--
``(A) In general.--If the Commission has issued a
cease and desist order with respect to a party in an
administrative adjudicative proceeding under the
authority of subsection (a)(1), an action brought
pursuant to paragraph (1) may be commenced against such
party at any time before the expiration of 1 year after
such order becomes final pursuant to section 5(g).
``(B) Exception.--In an action under subparagraph
(A), the findings of the Commission as to the material
facts in the administrative adjudicative proceeding
with respect to the violation of this section by a
party shall be conclusive unless--
``(i) the terms of such cease and desist
order expressly provide that the Commission's
findings shall not be conclusive; or
``(ii) the order became final by reason of
section 5(g)(1), in which case such finding
shall be conclusive if supported by evidence.
``(3) Civil penalty.--In determining the amount of the
civil penalty described in this section, the court shall take
into account--
``(A) the nature, circumstances, extent, and
gravity of the violation;
``(B) with respect to the violator, the degree of
culpability, any history of violations, the ability to
pay, any effect on the ability to continue doing
business, profits earned by the NDA holder, the
biological product license holder, the ANDA filer, or
the biosimilar biological product application filer,
compensation received by the ANDA filer or biosimilar
biological product application filer, and the amount of
commerce affected; and
``(C) other matters that justice requires.
``(4) Remedies in addition.--Remedies provided in this
subsection are in addition to, and not in lieu of, any other
remedy provided by Federal law. Nothing in this paragraph shall
be construed to affect any authority of the Commission under
any other provision of law.
``(g) Definitions.--In this section:
``(1) Agreement.--The term `agreement' means anything that
would constitute an agreement under section 1 of the Sherman
Act (15 U.S.C. 1) or section 5 of this Act.
``(2) Agreement resolving or settling a patent infringement
claim.--The term `agreement resolving or settling a patent
infringement claim' includes any agreement that is entered into
within 30 days of the resolution or the settlement of the
claim, or any other agreement that is contingent upon, provides
a contingent condition for, or is otherwise related to the
resolution or settlement of the claim.
``(3) ANDA.--The term `ANDA' means an abbreviated new drug
application filed under section 505(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)) or a new drug
application filed under section 505(b)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)).
``(4) ANDA filer.--The term `ANDA filer' means a party that
owns or controls an ANDA filed with the Food and Drug
Administration or has the exclusive rights under such ANDA to
distribute the ANDA product.
``(5) ANDA product.--The term `ANDA product' means the
product to be manufactured under the ANDA that is the subject
of the patent infringement claim.
``(6) Biological product.--The term `biological product'
has the meaning given such term in section 351(i)(1) of the
Public Health Service Act (42 U.S.C. 262(i)(1)).
``(7) Biological product license application.--The term
`biological product license application' means an application
under section 351(a) of the Public Health Service Act (42
U.S.C. 262(a)).
``(8) Biological product license holder.--The term
`biological product license holder' means--
``(A) the holder of an approved biological product
license application for a biological product;
``(B) a person owning or controlling enforcement of
any patents that claim the biological product that is
the subject of such approved application; or
``(C) the predecessors, subsidiaries, divisions,
groups, and affiliates controlled by, controlling, or
under common control with any of the entities described
in subparagraphs (A) and (B) (such control to be
presumed by direct or indirect share ownership of 50
percent or greater), as well as the licensees,
licensors, successors, and assigns of each of the
entities.
``(9) Biosimilar biological product.--The term `biosimilar
biological product' means the product to be manufactured under
the biosimilar biological product application that is the
subject of the patent infringement claim.
``(10) Biosimilar biological product application.--The term
`biosimilar biological product application' means an
application under section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)) for licensure of a biological product as
biosimilar to, or interchangeable with, a reference product.
``(11) Biosimilar biological product application filer.--
The term `biosimilar biological product application filer'
means a party that owns or controls a biosimilar biological
product application filed with the Food and Drug Administration
or has the exclusive rights under such application to
distribute the biosimilar biological product.
``(12) Drug product.--The term `drug product' has the
meaning given such term in section 314.3(b) of title 21, Code
of Federal Regulations (or any successor regulation).
``(13) Market.--The term `market' means the promotion,
offering for sale, selling, or distribution of a drug product.
``(14) NDA.--The term `NDA' means a new drug application
filed under section 505(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)).
``(15) NDA holder.--The term `NDA holder' means--
``(A) the holder of an approved NDA application for
a drug product;
``(B) a person owning or controlling enforcement of
the patent listed in the Approved Drug Products With
Therapeutic Equivalence Evaluations (commonly known as
the `FDA Orange Book') in connection with the NDA; or
``(C) the predecessors, subsidiaries, divisions,
groups, and affiliates controlled by, controlling, or
under common control with any of the entities described
in subparagraphs (A) and (B) (such control to be
presumed by direct or indirect share ownership of 50
percent or greater), as well as the licensees,
licensors, successors, and assigns of each of the
entities.
``(16) Party.--The term `party' means any person,
partnership, corporation, or other legal entity.
``(17) Patent infringement.--The term `patent infringement'
means infringement of any patent or of any filed patent
application, including any extension, reissue, renewal,
division, continuation, continuation in part, reexamination,
patent term restoration, patents of addition, and extensions
thereof.
``(18) Patent infringement claim.--The term `patent
infringement claim' means any allegation made to an ANDA filer
or biosimilar biological product application filer, whether or
not included in a complaint filed with a court of law, that its
ANDA or ANDA product, or biosimilar biological product license
application or biosimilar biological product, may infringe any
patent held by, or exclusively licensed to, the NDA holder,
biological product license holder, ANDA filer, or biosimilar
biological product application filer of the drug product or
biological product, as applicable.
``(19) Statutory exclusivity.--The term `statutory
exclusivity' means those prohibitions on the approval of drug
applications under clauses (ii) through (iv) of section
505(c)(3)(E) (5- and 3-year data exclusivity), section 527
(orphan drug exclusivity), or section 505A (pediatric
exclusivity) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(c)(3)(E), 360cc, 355a), or on the licensing of
biological product applications under section 351(k)(7) (12-
year exclusivity) or paragraph (2) or (3) of section 351(m)
(pediatric exclusivity) of the Public Health Service Act (42
U.S.C. 262) or under section 527 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360cc) (orphan drug exclusivity).''.
(b) Effective Date.--Section 27 of the Federal Trade Commission
Act, as added by this section, shall apply to all agreements described
in section 27(a)(1) of that Act entered into on or after the date of
enactment of this Act.
SEC. 4. CERTIFICATION OF AGREEMENTS.
(a) Notice of All Agreements.--Section 1111(7) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 355 note) is amended by inserting ``, or the owner of a patent
for which a claim of infringement could reasonably be asserted against
any person for making, using, offering to sell, selling, or importing
into the United States a biological product that is the subject of a
biosimilar biological product application'' before the period at the
end.
(b) Certification of Agreements.--Section 1112 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 355 note) is amended by adding at the end the following:
``(d) Certification.--The Chief Executive Officer or the company
official responsible for negotiating any agreement under subsection (a)
or (b) that is required to be filed under subsection (c), within 30
days after such filing, shall execute and file with the Assistant
Attorney General and the Commission a certification as follows: `I
declare that the following is true, correct, and complete to the best
of my knowledge: The materials filed with the Federal Trade Commission
and the Department of Justice under section 1112 of subtitle B of title
XI of the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003, with respect to the agreement referenced in this
certification--'
``(1) represent the complete, final, and exclusive
agreement between the parties;
``(2) include any ancillary agreements that are contingent
upon, provide a contingent condition for, or are otherwise
related to, the referenced agreement; and
``(3) include written descriptions of any oral agreements,
representations, commitments, or promises between the parties
that are responsive to subsection (a) or (b) of such section
1112 and have not been reduced to writing.''.
SEC. 5. NOTIFICATION OF AGREEMENTS.
Section 1112 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (21 U.S.C. 355 note), as amended by section
4(b), is further amended by adding at the end the following:
``(e) Rule of Construction.--
``(1) In general.--An agreement that is required under
subsection (a) or (b) shall include agreements resolving any
outstanding disputes, including agreements resolving or
settling a Patent Trial and Appeal Board proceeding.
``(2) Definition.--For purposes of subparagraph (A), the
term `Patent Trial and Appeal Board proceeding' means a
proceeding conducted by the Patent Trial and Appeal Board of
the United States Patent and Trademark Office, including an
inter partes review instituted under chapter 31 of title 35,
United States Code, a post-grant review instituted under
chapter 32 of that title (including a proceeding instituted
pursuant to the transitional program for covered business
method patents, as described in section 18 of the Leahy-Smith
America Invents Act (35 U.S.C. 321 note)), and a derivation
proceeding instituted under section 135 of that title.''.
SEC. 6. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.
Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 27
of the Federal Trade Commission Act or'' after ``that the agreement has
violated''.
SEC. 7. COMMISSION LITIGATION AUTHORITY.
Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C.
56(a)(2)) is amended--
(1) in subparagraph (D), by striking ``or'' after the
semicolon;
(2) in subparagraph (E)--
(A) by moving the margin 2 ems to the left; and
(B) by inserting ``or'' after the semicolon; and
(3) inserting after subparagraph (E) the following:
``(F) under section 27,''.
SEC. 8. REPORT ON ADDITIONAL EXCLUSION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Trade Commission shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a recommendation, and the Commission's
basis for such recommendation, regarding a potential amendment to
include in section 27(c) of the Federal Trade Commission Act (as added
by section 3 of this Act) an additional exclusion for consideration
granted by an NDA holder to a ANDA filer or by a biological product
license holder to a biosimilar biological product application filer as
part of the resolution or settlement, a release, waiver, or limitation
of a claim for damages or other monetary relief.
(b) Definitions.--In this section, the terms ``ANDA filer'',
``biological product license holder'', ``biosimilar biological product
application filer'', and ``NDA holder'' have the meanings given such
terms in section 27(g) of the Federal Trade Commission Act (as added by
section 3 of this Act).
SEC. 9. STATUTE OF LIMITATIONS.
The Federal Trade Commission shall commence any enforcement
proceeding described in section 27 of the Federal Trade Commission Act,
as added by section 3, except for an action described in section
27(f)(2) of the Federal Trade Commission Act, not later than 6 years
after the date on which the parties to the agreement file the
certification under section 1112(d) of the Medicare Prescription Drug
Improvement and Modernization Act of 2003 (21 U.S.C. 355 note).
SEC. 10. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such Act or amendments to any person or circumstance shall not be
affected.
<all>
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118S1420 | Collegiate Housing and Infrastructure Act of 2023 | [
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[
"W... | <p><strong>Collegiate Housing and Infrastructure Act of 2023</strong></p> <p>This bill allows tax-exempt charitable or educational organizations to make collegiate housing and infrastructure grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) that apply such grants to their collegiate housing property.</p> <p>A <i>collegiate housing and infrastructure grant </i>is a grant to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes. The grant must be for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. The grant may not be used to provide physical fitness facilities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1420 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1420
To amend the Internal Revenue Code of 1986 to provide for collegiate
housing and infrastructure grants.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Cardin (for himself, Mrs. Capito, Mr. Carper, Mr. Boozman, and Mr.
Wicker) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for collegiate
housing and infrastructure grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collegiate Housing and
Infrastructure Act of 2023''.
SEC. 2. CHARITABLE ORGANIZATIONS PERMITTED TO MAKE COLLEGIATE HOUSING
AND INFRASTRUCTURE GRANTS.
(a) In General.--Section 501 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(s) Treatment of Organizations Making Collegiate Housing and
Infrastructure Improvement Grants.--
``(1) In general.--For purposes of subsection (c)(3) and
sections 170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an
organization shall not fail to be treated as organized and
operated exclusively for charitable or educational purposes
solely because such organization makes collegiate housing and
infrastructure grants to an organization described in
subsection (c)(7) which applies the grant to its collegiate
housing property.
``(2) Housing and infrastructure grants.--For purposes of
paragraph (1), collegiate housing and infrastructure grants are
grants for capital improvements to provide, improve, operate,
or maintain collegiate housing property that may involve more
than incidental social, recreational, or private purposes, so
long as such grants are for purposes that would be permissible
for a dormitory or other residential facility of the college or
university with which the collegiate housing property is
associated. A grant shall not be treated as a collegiate
housing and infrastructure grant for purposes of paragraph (1)
to the extent that such grant is used to provide physical
fitness facilities.
``(3) Collegiate housing property.--For purposes of this
subsection, collegiate housing property is property in which,
at the time of a grant or following the acquisition, lease,
construction, or modification of such property using such
grant, substantially all of the residents are full-time
students at the college or university in the community where
such property is located.
``(4) Grants to certain organizations holding title to
property, etc.--For purposes of this subsection, a collegiate
housing and infrastructure grant to an organization described
in subsection (c)(2) or (c)(7) holding title to property
exclusively for the benefit of an organization described in
subsection (c)(7) shall be considered a grant to the
organization described in subsection (c)(7) for whose benefit
such property is held.''.
(b) Effective Date.--The amendment made by this section shall apply
to grants made in taxable years ending after the date of the enactment
of this Act.
<all>
</pre></body></html>
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118S1421 | COOL Online Act | [
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"sponsor"
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"Sen. Vance, J. D. [R-OH]",
"cosponsor"
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[
"B001310",
"Sen. Br... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1421
To require origin and location disclosure for new products of foreign
origin offered for sale on the internet.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Baldwin (for herself, Mr. Vance, Mr. Scott of Florida, Mr. Hawley,
Mr. Braun, and Mr. Brown) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To require origin and location disclosure for new products of foreign
origin offered for sale on the internet.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Country Of Origin Labeling Online
Act'' or the ``COOL Online Act''.
SEC. 2. MANDATORY ORIGIN AND LOCATION DISCLOSURE FOR NEW PRODUCTS OF
FOREIGN ORIGIN OFFERED FOR SALE ON THE INTERNET.
(a) Mandatory Disclosure.--
(1) In general.--
(A) Disclosure.--Subject to subparagraph (B), it
shall be unlawful for a product that is marked or
required to be marked under section 304 of the Tariff
Act of 1930 (19 U.S.C. 1304) to be introduced, sold,
advertised, or offered for sale in commerce on an
internet website unless the internet website
description of the product indicates in a conspicuous
place--
(i) the country of origin of the product
(or, in the case of a multi-sourced product,
the countries of origin), in a manner
consistent with the regulations prescribed
under such section 304; and
(ii) the country in which the seller of the
product has its principal place of business.
(B) Exclusions.--
(i) Agricultural products.--The disclosure
requirements under clauses (i) and (ii) of
subparagraph (A) shall not apply to--
(I) a covered commodity (as defined
in section 281 of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638));
(II) a meat or meat food product
subject to inspection under the Federal
Meat Inspection Act (21 U.S.C. 601 et
seq.);
(III) a poultry or poultry product
subject to inspection under the Poultry
Products Inspection Act (21 U.S.C. 451
et seq.); or
(IV) an egg product subject to
regulation under the Egg Products
Inspection Act (21 U.S.C. 1031 et
seq.).
(ii) Food and drugs.--The disclosure
requirements under clauses (i) and (ii) of
subparagraph (A) shall not apply to a food or
drug (as those terms are defined in paragraphs
(f) and (g), respectively, of section 201 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321) that is subject to the jurisdiction
of the Food and Drug Administration.
(iii) Used or previously owned articles.--
The disclosure requirements under clauses (i)
and (ii) of subparagraph (A) shall not apply to
any used or previously owned article sold by an
internet website marketplace or a seller on an
internet website marketplace. For the purposes
of the preceding sentence, the term ``used or
previously owned article'' means an article
that was previously sold or offered for sale at
retail.
(iv) Small seller.--The disclosure
requirements under clauses (i) and (ii) of
subparagraph (A) shall not apply to goods
listed by a small seller. For the purposes of
the preceding sentence, the term ``small
seller'' means a seller with annual sales of
less than $20,000 and fewer than 200 discrete
sales.
(C) Multi-sourced products.--For purposes of
subparagraph (A)(i), a product shall be considered to
be a ``multi-sourced product'' if a seller offers for
sale a finished product, identical versions of which
are produced in multiple countries.
(2) Certain drug products.--It shall be unlawful for a drug
that is not subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is
required to be marked under section 304 of the Tariff Act of
1930 (19 U.S.C. 1304) to be offered for sale in commerce to
consumers on an internet website unless the internet website
description of the drug indicates in a conspicuous place the
name and place of business of the manufacturer, packer, or
distributor that is required to appear on the label of the drug
in accordance with section 502(b) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 352(b)).
(3) Obligation to provide.--A manufacturer, importer,
distributor, seller, supplier, or private labeler seeking to
have a product introduced, sold, advertised, or offered for
sale in commerce shall provide the information identified
clauses (i) and (ii) of paragraph (1)(A) or paragraph (2), as
applicable, to the relevant retailer.
(4) Safe harbor.--A retailer or a seller on an internet
website marketplace satisfies the disclosure requirements under
clauses (i) and (ii) of paragraph (1)(A) or paragraph (2), as
applicable, if the disclosure includes the country of origin
and seller information provided by a third-party manufacturer,
importer, distributor, seller, supplier, or private labeler of
the product.
(b) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person that
violates subsection (a) 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.) as though all applicable terms and
provisions of that Act were incorporated and made part
of this section.
(C) Authority preserved.--Nothing in this section
may be construed to limit the authority of the
Commission under any other provision of law.
(3) Interagency agreement.--Not later than 6 months after
the date of enactment of this section, the Commission, the U.S.
Customs and Border Protection, and the Department of
Agriculture shall--
(A) enter into a Memorandum of Understanding or
other appropriate agreement for the purpose of
providing consistent implementation of this section;
and
(B) publish such agreement to provide public
guidance.
(4) Definition of commission.--In this subsection, the term
``Commission'' means the Federal Trade Commission.
(c) Limitation of Liability.--A retailer or seller is not in
violation of subsection (a) if--
(1) a third-party manufacturer, distributor, seller,
supplier, or private labeler provided the retailer or seller
with a false or deceptive representation as to the country of
origin of a product or its parts or processing; and
(2) the retailer or seller--
(A) relied in good faith on that representation;
and
(B) took immediate action to remove any such false
or deceptive representations upon notice.
(d) Authority Preserved.--Nothing in this section may be construed
to limit the authority of the Department of Agriculture, the Food and
Drug Administration, or U.S. Customs and Border Protection under any
other provision of law.
(e) Effective Date.--This section shall take effect 12 months after
the date of the publication of the Memorandum of Understanding or
agreement under subsection (b)(3).
<all>
</pre></body></html>
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118S1422 | Sexual Abuse Services in Detention Act | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1422 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1422
To authorize grants for emotional support services for incarcerated
victims of sexual abuse, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Schatz (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize grants for emotional support services for incarcerated
victims of sexual abuse, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Abuse Services in Detention
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Emotional support service.--The term ``emotional
support service''--
(A) means emotional support services or counseling
for individuals who have experienced sexual abuse at
any time in their life; and
(B) includes--
(i) crisis intervention services;
(ii) education about dynamics of sexual
abuse and sexual harassment;
(iii) sharing resources;
(iv) safety planning and discussion of
reporting options;
(v) telephone hotline services; and
(vi) assistance processing trauma reactions
and building coping skills.
(2) Emotional support service provider.--The term
``emotional support service provider'' means a nonprofit,
nongovernmental organization that has--
(A) special expertise and broad experience in
providing sexual abuse and rape crisis counseling
services for survivors, including victims of sexual
abuse in correctional settings; and
(B) experience with correctional services, such
as--
(i) understanding the unique dynamics of
custodial sexual abuse;
(ii) understanding correctional practices
and correctional security concerns; or
(iii) providing technical assistance and
training to correctional officers and
administrators.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and that
is exempt from taxation under section 501(a) of such Code.
(4) Training services.--The term ``training services''
means providing education, training, and technical assistance
on providing emotional support services in corrections settings
for incarcerated survivors and victims of sexual abuse.
SEC. 3. EMOTIONAL SUPPORT SERVICES FOR SEXUAL ABUSE VICTIMS IN
DETENTION FACILITIES.
(a) Grants Authorized.--The Attorney General, acting through the
Director of the Office for Victims of Crime, may award grants to
emotional support service providers for the purpose of collaborating
with Federal, State, local, or Tribal authorities to provide emotional
support services in corrections settings for incarcerated survivors and
victims of sexual abuse.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2024 through 2029 to
carry out this section.
(c) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other authorization,
appropriation, or grant.
SEC. 4. TRAINING GRANTS.
(a) Eligible Entity.--In this section, the term ``eligible entity''
means an entity that has experience providing training services in the
manner described in subsection (c).
(b) Authority.--The Attorney General may award grants to eligible
entities to carry out the activities described in subsection (c).
(c) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use amounts received under the grant to--
(1) provide training services to a corrections agency or
facility seeking to offer emotional support services at the
institution;
(2) provide training services to correctional officers and
administrators; and
(3) collect and maintain data on a biannual basis on the
usage volume for training services described in paragraphs (1)
and (2).
(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section for each of fiscal
years 2024 through 2029.
SEC. 5. SEXUAL ABUSE SERVICES IN DETENTION RESOURCE CENTER.
(a) Eligible Organization.--In this section, the term ``eligible
organization'' means a nonprofit organization that has special
expertise and broad experience in providing the information, guidance,
and technical assistance described in subsection (b).
(b) Establishment.--The Attorney General shall establish a national
resource center that shall--
(1) provide guidance and training series to corrections
agencies, prisons, jails, and other detention facilities on
establishing, administering, operating, and supporting
emotional support services for sexual abuse victims in
correctional or detention facilities;
(2) provide guidance and training services to emotional
support service providers on establishing, administering,
operating, and supporting emotional support services for sexual
abuse victims in correctional or detention facilities; and
(3) collect, compile, and disseminate resources on the
delivery of emotional support services in correctional or
detention settings, including--
(A) training services;
(B) research; and
(C) best practices.
(c) Grant.--The Attorney General may make a grant to an eligible
organization to provide for the establishment, functioning, or
implementation of subsection (b).
(d) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for each of fiscal years 2024 through 2029 to
carry out this section.
<all>
</pre></body></html>
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118S1423 | Sickle Cell Care Expansion Act of 2023 | [
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
]
] | <p><strong>Sickle Cell Care Expansion Act of 2023</strong></p> <p>This bill establishes programs to increase treatment and other services for populations with sickle cell disease. Sickle cell disease is an inherited blood disorder that can lead to pain, anemia, infections, and stroke.</p> <p>Specifically, the Department of Health and Human Services (HHS) must award grants to federally qualified health centers, community-based organizations, or other nonprofits that treat or otherwise support populations with sickle cell disease for education and advocacy programs concerning the disease. HHS must also award grants to nonprofits, including hospitals or institutions of higher education, that provide comprehensive care to populations with sickle cell disease for programs to support the transition from pediatric to adult care for patients with the disease.</p> <p>Additionally, the Health Resources and Services Administration must establish a program to provide scholarships or student loan repayment awards to individuals who commit to engage in clinical practice or research related to sickle cell disease for a period of obligated service as physicians.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1423 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1423
To amend the Public Health Service Act to authorize a scholarship and
loan repayment program to incentivize physicians to enter into the
field of sickle cell disease research, treatment, and patient care, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Van Hollen (for himself, Mr. Booker, and Ms. Klobuchar) 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 authorize a scholarship and
loan repayment program to incentivize physicians to enter into the
field of sickle cell disease research, treatment, and patient care, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sickle Cell Care Expansion Act of
2023''.
SEC. 2. ADVANCING TREATMENT AND RESEARCH PERTAINING TO SICKLE CELL
DISEASE.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart XIII--Advancing Treatment and Research Pertaining to Sickle
Cell Disease
``SEC. 340J. SCHOLARSHIP AND LOAN REPAYMENT PROGRAM.
``(a) In General.--To advance learning regarding sickle cell
disease and to enhance the supply of physicians to treat such disease,
especially with respect to adult populations, the Secretary, acting
through the Administrator of the Health Resources and Services
Administration, shall carry out a program consisting of entering into
contracts with individuals under which--
``(1) the Secretary awards a scholarship under subsection
(b) or agrees to make loan repayments under subsection (c) with
respect to each individual; and
``(2) the individual agrees to serve for a period (in this
section referred to as the `period of obligated service') as a
physician engaged in--
``(A) sickle cell disease research; or
``(B) service in a public or private setting that
is primarily focused on treatment and education related
to sickle cell disease in a health care facility,
clinic, rural health clinic, mobile medical asset, or
other facility as determined by the Secretary.
``(b) Scholarships.--
``(1) Eligibility.--To be eligible to participate in the
scholarship program under this section, an individual shall--
``(A) be accepted for enrollment, or be enrolled,
as a full-time student in an accredited (as determined
by the Secretary) educational institution in a State
and in a course of study or program offered by such
institution and approved by the Secretary, leading to a
degree in medicine or osteopathic medicine;
``(B) submit an application to participate in the
scholarship program; and
``(C) sign and submit to the Secretary, at the time
of submittal of such application, a written contract
(described in paragraph (2)) to accept payment of a
scholarship and to serve (in accordance with this
section) for the applicable period of obligated
service.
``(2) Written contract.--The written contract under this
subsection between the Secretary and an individual shall
contain--
``(A) an agreement that--
``(i) subject to paragraph (1), the
Secretary agrees to provide the individual with
a scholarship in each such school year or years
for a period of years (not to exceed four
school years) determined by the individual,
during which period the individual is pursuing
a course of study described in paragraph
(1)(A); and
``(ii) subject to paragraph (1), the
individual agrees to--
``(I) accept provision of such a
scholarship to the individual;
``(II) maintain enrollment in a
course of study described in paragraph
(1)(A) until the individual completes
the course of study;
``(III) maintain an acceptable
level of academic standing;
``(IV) complete a residency in a
specialty that the Secretary determines
is consistent with pursuit of a
fellowship in hematology;
``(V) complete a fellowship in the
specialty of hematology; and
``(VI) serve for a time period
equal to one year for each school year
for which the individual was provided a
scholarship under this section;
``(B) a provision that any financial obligation of
the United States arising out of the contract and any
obligation of the individual which is conditioned
thereon, is contingent upon funds being appropriated
for scholarships under this section;
``(C) a statement of the damages to which the
United States is entitled if the individual should
breach the contract; and
``(D) such other statements of the rights and
liabilities of the Secretary and of the individual as
the Secretary determines appropriate, not inconsistent
with the provisions of this section.
``(c) Loan Repayments.--
``(1) Eligibility.--To be eligible to participate in the
loan repayment program under this section, an individual
shall--
``(A) have a degree in medicine or osteopathic
medicine; be enrolled in an approved graduate training
program in medicine or osteopathic medicine; or be
enrolled as a full-time student in an accredited (as
determined by the Secretary) educational institution in
a State, and in the final year of a course of study
offered by such institution and approved by the
Secretary, leading to a degree in medicine or
osteopathic medicine;
``(B) submit an application to participate in the
loan repayment program; and
``(C) sign and submit to the Secretary, at the time
of submittal of such application, a written contract
(described in paragraph (2)) to accept payment by the
Secretary of the educational loans of the individual in
consideration of the individual serving for a period of
obligated service.
``(2) Written contract.--The written contract under this
subsection between the Secretary and an individual shall
contain--
``(A) an agreement that--
``(i) subject to paragraph (1), the
Secretary agrees to pay on behalf of the
individual the principal, interest, and related
expenses on government and commercial loans
received by the individual regarding the
undergraduate or graduate education of the
individual (or both), which loans were made
for--
``(I) tuition expenses;
``(II) all other reasonable
educational expenses, including fees,
books, and laboratory expenses,
incurred by the individual; or
``(III) reasonable living expenses
as determined by the Secretary; and
``(ii) subject to paragraph (1), the
individual agrees to--
``(I) accept loan payments on
behalf of the individual;
``(II) maintain enrollment in a
course of study described in paragraph
(1)(A) (if applicable) until the
individual completes the course of
study;
``(III) maintain an acceptable
level of academic standing;
``(IV) complete a residency in a
specialty that the Secretary determines
is consistent with pursuit of a
fellowship in hematology; and
``(V) complete a fellowship in
hematology;
``(B) a provision that any financial obligation of
the United States arising out of the contract and any
obligation of the individual which is conditioned
thereon, is contingent upon funds being appropriated
for loan repayments under this section;
``(C) a statement of the damages to which the
United States is entitled if the individual should
breach the contract; and
``(D) such other statements of the rights and
liabilities of the Secretary and of the individual as
the Secretary determines appropriate, not inconsistent
with the provisions of this section.
``(d) Priority.--In awarding contracts under this section for
scholarships and loan repayments, the Secretary may prioritize making
awards to individuals from disadvantaged backgrounds.
``(e) Definition.--In this section, the term `sickle cell disease
research' means research into the detection, diagnosis, treatment, or
control of sickle cell disease.
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $150,000,000 for each of fiscal
years 2024 through 2029.
``SEC. 340J-1. COMMUNITY-BASED GRANTS TO ENGAGE THE SICKLE CELL DISEASE
POPULATION BY DESIGNING EDUCATION AND ADVOCACY PROGRAMS
AND POLICIES FOR HEALTH AND COMMUNITY SERVICES.
``(a) In General.--The Secretary shall carry out a program
consisting of awarding grants to eligible entities for the
establishment and support of education and advocacy programs that
engage the sickle cell disease population, their families, or State and
local governments in order to--
``(1) improve sickle cell disease health literacy,
including mental health awareness and educational attainment;
``(2) disseminate information on health and community
services related to sickle cell disease; or
``(3) improve access to care and treatment decision-making
processes related to sickle cell disease.
``(b) Applications.--To seek a grant under subsection (a), an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information and assurances as
the Secretary may require.
``(c) Consideration.--In determining whether to award a grant under
this section to an applicant, and the amount of a grant under this
section, the Secretary shall consider the need for sickle cell
education or services in the area to be served using the grant.
``(d) Definition.--In this section, the term `eligible entity'
means--
``(1) a community-based organization or faith-based
organization or clinic that provides services to, or engages
in, advocacy for individuals with sickle cell disease;
``(2) a nonprofit organization providing comprehensive care
to populations with sickle cell disease, including any such
nonprofit organization that is a faith-based organization or
community-based organization; or
``(3) a Federally qualified health center (as defined in
section 1861(aa) of the Social Security Act) or nonprofit
organization engaged in providing sickle cell disease
education, information, or treatment services.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $50,000,000 for each of fiscal
years 2024 through 2029.
``SEC. 340J-2. GRANTS FOR SICKLE CELL DISEASE PEDIATRIC TO ADULT
TRANSITIONS OF CARE.
``(a) In General.--The Secretary shall carry out a program of
awarding grants to eligible entities for the establishment and support
of programs--
``(1) that--
``(A) provide transition support through a
dedicated transition coordinator and management of care
for sickle cell disease patients between the ages of 18
and 29 who are aging out of pediatric care and
receiving adult care for sickle cell disease;
``(B) assist sickle cell patients in identifying
and maintaining adult primary care providers and adult
specialists for sickle cell disease compatible with the
patient's health insurance; and
``(C) provide support services, including mental
health services, for the management of the patient's
treatments and medical appointments throughout the
transition to adult care; and
``(2) which, in the case of an eligible entity that is a
hospital or an institute of higher education, may include
providing training to adult sickle cell disease care
specialists on the medical needs of young sickle cell disease
patients, through--
``(A) 1- to 2-year long fellowships for any
individual that has completed a residency in medicine,
combined internal medicine and pediatrics, or family
medicine; or
``(B) short-term programs and workshops.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a nonprofit organization providing comprehensive
care to populations with sickle cell disease, including a
hospital or an institute of higher education, and including any
such nonprofit organization that is a faith-based organization
or community-based organization; and
``(2) submit an application to the Secretary at such time,
in such manner, and containing such information and assurances
as the Secretary may require.
``(c) Consideration.--In determining whether to award a grant under
this section to an eligible entity, and the amount of a grant under
this section, the Secretary shall consider the size of the population
the eligible entity intends to serve.
``(d) Reports.--
``(1) Reporting by eligible entities.--Eligible entities
receiving a grant under this section shall submit, during the
grant period, an annual report to the Secretary. Each such
report shall--
``(A) use an established and recognized registry on
measuring quality metrics specified by the Secretary;
and
``(B) include--
``(i) a description of the activities
carried out using the grant funds;
``(ii) a summary of the health outcomes for
sickle cell patients benefitting from the
transition coordination and management program
supported by the grant; and
``(iii) the number of specialists trained
and fellowships funded under the grant, as
described in subsection (a)(2), as applicable.
``(2) Reporting by the secretary.--Not later than 2 years
after the date of enactment of the Sickle Cell Care Expansion
Act of 2023, and annually thereafter, the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report on activities carried
out by eligible entities under this section, based on the
reports submitted to the Secretary under paragraph (1).
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $70,000,000 for each of fiscal
years 2024 through 2029.''.
<all>
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118S1424 | DOC Access Act of 2023 | [
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] | <p><b>Dentist and Optometric Care Access Act of 2023 or the DOC Access Act</b> <b>of 20</b><strong>23</strong></p> <p>This bill prohibits private health insurance plans from setting rates for items and services, except for dental cleanings, provided by a doctor of optometry, of dental surgery, or of dental medicine for which the plan does not pay a substantial amount.</p> <p>Additionally, an agreement between a plan and such a doctor for limited scope dental or vision benefits may last longer than two years only with the prior acceptance of the doctor for each term extension. Plans also may not restrict such a doctor's choice of laboratories or suppliers. </p> <p>Such doctors may elect to waive the application of the payment amount and choice of laboratories provisions of this bill.</p> <p>The bill does not supersede state laws regarding health insurers and dental or vision benefit plans.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1424 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1424
To amend title XXVII of the Public Health Service Act to improve health
care coverage under vision and dental plans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Manchin (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act to improve health
care coverage under vision and dental plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dental and Optometric Care Access
Act of 2023'' or the ``DOC Access Act of 2023''.
SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION AND DENTAL PLANS.
(a) In General.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the
following new section:
``SEC. 2719B. IMPROVING COVERAGE UNDER VISION AND DENTAL PLANS.
``(a) In General.--Under a group health plan or individual or group
health insurance coverage (including such a plan or coverage offering
limited scope dental or vision benefits), the following shall apply:
``(1) Payment amounts from covered persons.--
``(A) In general.--The plan or coverage shall
provide that, with respect to a doctor of optometry,
doctor of dental surgery, or doctor of dental medicine
that has an agreement to participate in the plan or
coverage and that provides items or services that are
not covered services under the plan or coverage to a
person enrolled under such plan or coverage, the doctor
may charge the enrollee for such items or services any
amount determined by the doctor that is equal to, or
less than, the usual and customary amount that the
doctor charges individuals who are not so enrolled for
such items or services.
``(B) Items or services considered covered by a
plan.--For purposes of subparagraph (A), an item or
service shall be considered, with respect to a plan or
coverage, to be covered services under the plan or
coverage only if the item or service is an item or
service with respect to which the plan or coverage is
obligated to pay an amount that is reasonable and is
not nominal or de minimis.
``(C) Exception for dental cleaning.--For purposes
of subparagraph (A), a doctor of dental surgery or
doctor of dental medicine that has an agreement to
participate in the plan or coverage may charge an
enrollee only the contracted network fee for any dental
cleaning, including any dental cleaning that exceeds
the annual maximum under the enrollee's plan or
coverage.
``(2) Duration of limited scope vision and dental plans.--
In the case of an agreement between such a doctor and such a
plan or coverage that offers limited scope dental or vision
benefits--
``(A) the agreement may be extended for a term
longer than 2 years only with the prior acceptance of
the doctor for each such term extension; and
``(B) the agreement may be extended for unlimited
terms, subject to subparagraph (A).
``(3) No restrictions on choice of laboratories.--The plan
or coverage may not, directly or indirectly, restrict or limit,
such a doctor's choice of laboratories or choice of source and
suppliers of services or materials provided by the doctor to an
individual who is enrolled under the plan or coverage.
``(b) Notification.--The Secretary shall on an annual basis notify
each State of the State's authority to enforce the provisions of
subsection (a) against a group health plan or health insurance coverage
described in subsection (a) pursuant to section 2723(a)(1) and request
confirmation from the State whether or not the State will enforce the
provisions of subsection (a). If a State notifies the Secretary that
the State will not enforce the provisions of subsection (a) or fails to
respond within 90 days of the Secretary's request, the Secretary shall
treat such State as failing to substantially enforce such provisions
for purposes of subsections (a)(2) and (b) of section 2723.
``(c) Relationship to Exception for Limited, Excepted Benefits.--
Section 2722(c)(1) shall not apply with respect to the requirements of
this section.
``(d) Election To Be Excluded.--
``(1) In general.--If a doctor of optometry, doctor of
dental surgery, or doctor of dental medicine to which the
provisions of paragraphs (1) and (3) of subsection (a)
otherwise apply makes an election under this paragraph (in such
form and manner as the Secretary may by regulations prescribe),
the requirements of such paragraphs insofar as they apply
directly to the plan or coverage shall not apply to such plan
or coverage for such period, as described in paragraph (2).
``(2) Period of election.--An election under paragraph
(1)--
``(A) shall apply for a single specified plan year;
``(B) may be extended through subsequent elections
under this subsection; and
``(C) shall not be available with respect to the
requirements concerning the duration of limited scope
vision and dental plans under subsection (a)(2).
``(e) Definitions.--In this section:
``(1) The term `covered services' means dental care or
vision care services for which reimbursement is available under
a plan or coverage contract, or for which reimbursement would
be available but for the application of contractual
limitations, including deductibles, copayments, coinsurance,
waiting periods, lifetime maximum, frequency limitations, and
alternative benefit payments.
``(2) The terms `doctor of dental surgery' and `doctor of
dental medicine' mean a doctor of dental surgery or of dental
medicine, as applicable, who is legally authorized to practice
dentistry by the State in which the doctor performs such
function and who is acting within the scope of the license of
the doctor when performing such functions.
``(3) The term `doctor of optometry' means a doctor of
optometry who is legally authorized to practice optometry by
the State in which the doctor so practices.''.
(b) Conforming Amendment.--Section 2722(c)(1) of the Public Health
Service Act (42 U.S.C. 300gg-21(c)(1)) is amended by striking ``The
requirements'' and inserting ``Subject to section 2719B, the
requirements''.
(c) Exclusive Applicability of State Law.--Notwithstanding any
amendment made by this Act, State law that directly affects any
standard or requirement relating to health insurance issuers and dental
or vision benefit plans, shall have exclusive application and the
amendments made by this Act shall not apply to the extent that such
State law conflicts with such amendments. The State shall retain
exclusive jurisdiction over health insurance issuers and limited scope
dental or vision benefit plans that are directly governed by such
State.
<all>
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118S1425 | Satellite Cybersecurity Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1425 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1425
To require a report on Federal support to the cybersecurity of
commercial satellite systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Peters (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require a report on Federal support to the cybersecurity of
commercial satellite systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Cybersecurity Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clearinghouse.--The term ``clearinghouse'' means the
commercial satellite system cybersecurity clearinghouse
required to be developed and maintained under section 4(b)(1).
(2) Commercial satellite system.--The term ``commercial
satellite system''--
(A) means a system that--
(i) is owned or operated by a non-Federal
entity based in the United States; and
(ii) is composed of not less than 1 earth
satellite; and
(B) includes--
(i) any ground support infrastructure for
each satellite in the system; and
(ii) any transmission link among and
between any satellite in the system and any
ground support infrastructure in the system.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in subsection
(e) of the Critical Infrastructure Protection Act of 2001 (42
U.S.C. 5195c(e)).
(4) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given the term in section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
(5) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given the term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(6) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency.
(7) Sector risk management agency.--The term ``sector risk
management agency'' has the meaning given the term ``Sector-
Specific Agency'' in section 2201 of the Homeland Security Act
of 2002 (6 U.S.C. 651).
SEC. 3. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the actions the Federal Government has taken to
support the cybersecurity of commercial satellite systems, including as
part of any action to address the cybersecurity of critical
infrastructure sectors.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall report to
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security and the Committee on Science, Space,
and Technology of the House of Representatives on the study conducted
under subsection (a), which shall include information--
(1) on efforts of the Federal Government, and the
effectiveness of those efforts, to--
(A) address or improve the cybersecurity of
commercial satellite systems; and
(B) support related efforts with international
entities or the private sector;
(2) on the resources made available to the public by
Federal agencies to address cybersecurity risks and threats to
commercial satellite systems, including resources made
available through the clearinghouse;
(3) on the extent to which commercial satellite systems are
reliant on, or relied on by, critical infrastructure;
(4) that includes an analysis of how commercial satellite
systems and the threats to those systems are integrated into
Federal and non-Federal critical infrastructure risk analyses
and protection plans;
(5) on the extent to which Federal agencies are reliant on
commercial satellite systems and how Federal agencies mitigate
cybersecurity risks associated with those systems;
(6) on the extent to which Federal agencies are reliant on
commercial satellite systems that are owned wholly or in part
or controlled by foreign entities, or that have infrastructure
in foreign countries, and how Federal agencies mitigate
associated cybersecurity risks;
(7) on the extent to which Federal agencies coordinate or
duplicate authorities and take other actions focused on the
cybersecurity of commercial satellite systems; and
(8) as determined appropriate by the Comptroller General of
the United States, that includes recommendations for further
Federal action to support the cybersecurity of commercial
satellite systems, including recommendations on information
that should be shared through the clearinghouse.
(c) Consultation.--In carrying out subsections (a) and (b), the
Comptroller General of the United States shall coordinate with
appropriate Federal agencies and organizations, including--
(1) the Office of the National Cyber Director;
(2) the Department of Homeland Security;
(3) the Department of Commerce;
(4) the Department of Defense;
(5) the Department of Transportation;
(6) the Federal Communications Commission;
(7) the National Aeronautics and Space Administration;
(8) the National Executive Committee for Space-Based
Positioning, Navigation, and Timing; and
(9) the National Space Council.
(d) Briefing.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall provide
a briefing to the appropriate congressional committees on the study
conducted under subsection (a).
(e) Classification.--The report made under subsection (b) shall be
unclassified but may include a classified annex.
SEC. 4. RESPONSIBILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY.
(a) Small Business Concern Defined.--In this section, the term
``small business concern'' has the meaning given the term in section 3
of the Small Business Act (15 U.S.C. 632).
(b) Establishment of Commercial Satellite System Cybersecurity
Clearinghouse.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director shall develop and maintain
a commercial satellite system cybersecurity clearinghouse.
(2) Requirements.--The clearinghouse--
(A) shall be publicly available online;
(B) shall contain publicly available commercial
satellite system cybersecurity resources, including the
voluntary recommendations consolidated under subsection
(c)(1);
(C) shall contain appropriate materials for
reference by entities that develop, operate, or
maintain commercial satellite systems;
(D) shall contain materials specifically aimed at
assisting small business concerns with the secure
development, operation, and maintenance of commercial
satellite systems; and
(E) may contain controlled unclassified information
distributed to commercial entities through a process
determined appropriate by the Director.
(3) Content maintenance.--The Director shall maintain
current and relevant cybersecurity information on the
clearinghouse.
(4) Existing platform or website.--To the extent
practicable, the Director shall establish and maintain the
clearinghouse using an online platform, a website, or a
capability in existence as of the date of enactment of this
Act.
(c) Consolidation of Commercial Satellite System Cybersecurity
Recommendations.--
(1) In general.--The Director shall consolidate voluntary
cybersecurity recommendations designed to assist in the
development, maintenance, and operation of commercial satellite
systems.
(2) Requirements.--The recommendations consolidated under
paragraph (1) shall include materials appropriate for a public
resource addressing, to the greatest extent practicable, the
following:
(A) Risk-based, cybersecurity-informed engineering,
including continuous monitoring and resiliency.
(B) Planning for retention or recovery of positive
control of commercial satellite systems in the event of
a cybersecurity incident.
(C) Protection against unauthorized access to vital
commercial satellite system functions.
(D) Physical protection measures designed to reduce
the vulnerabilities of a commercial satellite system's
command, control, and telemetry receiver systems.
(E) Protection against jamming, eavesdropping,
hijacking, computer network exploitation, spoofing,
threats to optical satellite communications, and
electromagnetic pulse.
(F) Security against threats throughout a
commercial satellite system's mission lifetime.
(G) Management of supply chain risks that affect
the cybersecurity of commercial satellite systems.
(H) Protection against vulnerabilities posed by
ownership of commercial satellite systems or commercial
satellite system companies by foreign entities.
(I) Protection against vulnerabilities posed by
locating physical infrastructure, such as satellite
ground control systems, in foreign countries.
(J) As appropriate, and as applicable pursuant to
the maintenance requirement under subsection (b)(3),
relevant findings and recommendations from the study
conducted by the Comptroller General of the United
States under section 3(a).
(K) Any other recommendations to ensure the
confidentiality, availability, and integrity of data
residing on or in transit through commercial satellite
systems.
(d) Implementation.--In implementing this section, the Director
shall--
(1) to the extent practicable, carry out the implementation
in partnership with the private sector;
(2) coordinate with--
(A) the Office of the National Cyber Director, the
National Space Council, and the head of any other
agency determined appropriate by the Office of the
National Cyber Director or the National Space Council;
and
(B) the heads of appropriate Federal agencies with
expertise and experience in satellite operations,
including the entities described in section 3(c) to
enable the alignment of Federal efforts on commercial
satellite system cybersecurity and, to the extent
practicable, consistency in Federal recommendations
relating to commercial satellite system cybersecurity;
and
(3) consult with non-Federal entities developing commercial
satellite systems or otherwise supporting the cybersecurity of
commercial satellite systems, including private, consensus
organizations that develop relevant standards.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and every 2 years thereafter until the date that is 9 years
after the date of enactment of this Act, the Director shall submit to
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security and the Committee on Science, Space,
and Technology of the House of Representatives a report summarizing--
(1) any partnership with the private sector described in
subsection (d)(1);
(2) any consultation with a non-Federal entity described in
subsection (d)(3);
(3) the coordination carried out pursuant to subsection
(d)(2);
(4) the establishment and maintenance of the clearinghouse
pursuant to subsection (b);
(5) the recommendations consolidated pursuant to subsection
(c)(1); and
(6) any feedback received by the Director on the
clearinghouse from non-Federal entities.
SEC. 5. STRATEGY.
Not later than 120 days after the date of the enactment of this
Act, the National Space Council, jointly with the Office of the
National Cyber Director, in coordination with the Director of the
Office of Space Commerce and the heads of other relevant agencies,
shall submit to the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security and the Committee on
Science, Space, and Technology of the House of Representatives a
strategy for the activities of Federal agencies to address and improve
the cybersecurity of commercial satellite systems, which shall include
an identification of--
(1) proposed roles and responsibilities for relevant
agencies; and
(2) as applicable, the extent to which cybersecurity
threats to such systems are addressed in Federal and non-
Federal critical infrastructure risk analyses and protection
plans.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) designate commercial satellite systems or other space
assets as a critical infrastructure sector; or
(2) infringe upon or alter the authorities of the agencies
described in section 3(c).
SEC. 7. SECTOR RISK MANAGEMENT AGENCY TRANSFER.
If the President designates an infrastructure sector that includes
commercial satellite systems as a critical infrastructure sector
pursuant to the process established under section 9002(b)(3) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4770) and subsequently
designates a sector risk management agency for that critical
infrastructure sector that is not the Cybersecurity and Infrastructure
Security Agency, the President may direct the Director to transfer the
authorities of the Director under section 4 of this Act to the head of
the designated sector risk management agency.
<all>
</pre></body></html>
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118S1426 | RISE from Trauma Act | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
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[
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],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1426 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1426
To improve the identification and support of children and families who
experience trauma.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Durbin (for himself, Mrs. Capito, Ms. Duckworth, and Ms. Murkowski)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve the identification and support of children and families who
experience trauma.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resilience Investment, Support, and
Expansion from Trauma Act'' or the ``RISE from Trauma Act''.
TITLE I--COMMUNITY PROGRAMMING
SEC. 101. TRAUMA AND RESILIENCE-RELATED COORDINATING BODIES.
Title V of the Public Health Service Act is amended by inserting
after section 520C (42 U.S.C. 290bb-34) the following:
``SEC. 520D. LOCAL COORDINATING BODIES TO ADDRESS COMMUNITY TRAUMA,
PREVENTION, AND RESILIENCE.
``(a) Grants.--
``(1) In general.--The Secretary, in coordination with the
Director of the Centers for Disease Control and Prevention and
the Assistant Secretary, shall award grants to State, county,
local, or Indian tribe or tribal organizations (as such terms
are defined in section 4 of the Indian Self-Determination Act
and Education Assistance Act) or nonprofit private entities for
demonstration projects to enable such entities to act as
coordinating bodies to prevent or mitigate the impact of trauma
and toxic stress in a community, or promote resilience by
fostering protective factors.
``(2) Amount.--The Secretary shall award such grants in
amounts of not more than $6,000,000.
``(3) Duration.--The Secretary shall award such grants for
periods of 4 years.
``(b) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall include 1 or more representatives
from at least 5 of the categories described in paragraph (2).
``(2) Composition.--The categories referred to in paragraph
(1) are--
``(A) governmental agencies, such as public health,
mental health, human services, or child welfare
agencies, that provide training related to covered
services or conduct activities to screen, assess,
provide services or referrals, prevent, or provide
treatment to support infants, children, youth, and
their families as appropriate, that have experienced or
are at risk of experiencing trauma;
``(B) faculty or qualified staff at an institution
of higher education (as defined in section 101(a) of
the Higher Education Act of 1965) or representatives of
a local member of the National Child Traumatic Stress
Network, in an area related to screening, assessment,
service provision or referral, prevention, or treatment
to support infants, children, youth, and their
families, as appropriate, that have experienced or are
at risk of experiencing trauma;
``(C) hospitals, health care clinics, or other
health care institutions, such as mental health and
substance use disorder treatment facilities;
``(D) criminal justice representatives related to
adults and juveniles, which may include law enforcement
or judicial or court employees;
``(E) local educational agencies (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)) or agencies responsible
for early childhood education programs, which may
include Head Start and Early Head Start agencies;
``(F) workforce development, job training, or
business associations;
``(G) nonprofit, community-based faith, human
services, civic, or social services organizations,
including participants in a national or community
service program (as described in section 122 of the
National and Community Service Act of 1990 (42 U.S.C.
12572)), providers of after-school programs, home
visiting programs, family resource centers, agencies
that serve victims of domestic and family violence or
child abuse, or programs to prevent or address the
impact of violence and addiction; and
``(H) the general public, including individuals who
have experienced trauma who can appropriately represent
populations and activities relevant to the community
that will be served by the entity.
``(3) Qualifications.--In order for an entity to be
eligible to receive the grant under this section, the
representatives included in the entity shall, collectively,
have training and expertise concerning childhood trauma,
resilience, and covered services.
``(c) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to entities proposing to serve
communities or populations that have faced or currently face high rates
of community trauma, including from intergenerational poverty, civil
unrest, discrimination, or oppression, which may include an evaluation
of--
``(1) an age-adjusted rate of drug overdose deaths that is
above the national overdose mortality rate, as determined by
the Director of the Centers for Disease Control and Prevention;
``(2) an age-adjusted rate of violence-related (or
intentional) injury deaths that is above the national average,
as determined by the Director of the Centers for Disease
Control and Prevention; and
``(3) a rate of involvement in the child welfare or
juvenile justice systems that is above the national average, as
determined by the Secretary.
``(e) Use of Funds.--An entity that receives a grant under this
section to act as a coordinating body may use the grant funds to--
``(1) bring together stakeholders who provide or use
services in, or have expertise concerning, covered settings to
identify community needs and resources related to covered
services, and to build on any needs assessments conducted by
organizations or groups represented on the coordinating body;
``(2)(A) collect data, on indicators to reflect local
priority issues, including across multiple covered settings and
disaggregated by age, race, and any other appropriate metrics;
and
``(B) use the data to identify unique community challenges
and barriers, community strengths and assets, gaps in services,
and high-need areas, related to covered services;
``(3) build awareness, skills, and leadership (including
through trauma-informed and resilience-focused training and
public outreach campaigns) on covered services in covered
settings;
``(4) develop a strategic plan, in partnership with members
of the served community or population, that identifies--
``(A) policy goals and coordination opportunities
to address community needs and local priority issues
(including coordination in applying for or utilizing
existing grants, insurance coverage, or other
government programs), including for communities of
color and relating to delivering and implementing
covered services; and
``(B) a comprehensive, integrated approach for the
entity and its members to prevent and mitigate the
impact of exposure to trauma or toxic stress in the
community, and to assist the community in healing from
existing and prior exposure to trauma through promotion
of resilience and fostering protective factors;
``(5) implement such strategic plans in the local
community, including through the delivery of covered services
in covered settings; and
``(6) identify funding sources and partner with community
stakeholders to sustainably continue activities after the end
of the grant period.
``(f) Supplement Not Supplant.--Amounts made available under this
section shall be used to supplement and not supplant other Federal,
State, and local public funds and private funds expended to provide
trauma-related coordination activities.
``(g) Evaluation.--At the end of the period for which grants are
awarded under this section, the Secretary shall conduct an evaluation
of the activities carried out under each grant under this section. In
conducting the evaluation, the Secretary shall assess the outcomes of
the grant activities carried out by each grant recipient, including
outcomes related to health, education, child welfare, criminal justice
involvement, or other measurable outcomes pertaining to wellbeing and
societal impact.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $600,000,000 for each of fiscal
years 2024 through 2031.
``(i) Definitions.--In this section:
``(1) Covered services.--The term `covered services' means
culturally responsive services, programs, models, or
interventions that are evidence-based, evidence-informed, or
promising best practices to support infants, children, youth,
and their families as appropriate by preventing or mitigating
the impact of trauma and toxic stress or promoting resilience
by fostering protective factors, which may include the best
practices developed under section 7132(d) of the SUPPORT for
Patients and Communities Act (Public Law 115-271).
``(2) Covered setting.--The term `covered setting' means
the settings in which individuals may come into contact with
infants, children, youth, and their families, as appropriate,
who have experienced or are at risk of experiencing trauma,
including schools, hospitals, settings where health care
providers, including primary care and pediatric providers,
provide services, early childhood education and care settings,
home visiting settings, after-school program facilities, child
welfare agency facilities, public health agency facilities,
mental health treatment facilities, substance use disorder
treatment facilities, faith-based institutions, domestic
violence agencies, violence intervention organizations, child
advocacy centers, homeless services system facilities, refugee
services system facilities, juvenile justice system facilities,
law enforcement agency facilities, Healthy Marriage Promotion
or Responsible Fatherhood service settings, child support
service settings, and service settings focused on individuals
eligible for Temporary Assistance for Needy Families; and''.
SEC. 102. EXPANSION OF PERFORMANCE PARTNERSHIP PILOT FOR CHILDREN WHO
HAVE EXPERIENCED OR ARE AT RISK OF EXPERIENCING TRAUMA.
(a) In General.--Section 526 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2014 (42 U.S.C. 12301 note) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) `To improve outcomes for infants, children, and
youth, and their families as appropriate, who have experienced
or are at risk of experiencing trauma' means to increase the
rate at which individuals who have experienced or are at risk
of experiencing trauma, including those who are low-income,
homeless, involved with the child welfare system, involved in
the juvenile justice system, have been victims of violence
(including community, family, or sexual violence), unemployed,
or not enrolled in or at risk of dropping out of an educational
institution and live in a community that has faced acute or
long-term exposure to substantial discrimination, historical
oppression, intergenerational poverty, civil unrest, a high
rate of violence or drug overdose deaths, achieve success in
meeting educational, employment, health, developmental,
community reentry, permanency from foster care, or other key
goals.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Fiscal
Year 2014'' and inserting ``Fiscal Years 2024 Through
2028'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving
such subparagraphs, as so redesignated, 2 ems to the
right;
(C) by striking ``Federal agencies'' and inserting
the following:
``(1) Disconnected youth pilots.--Federal agencies''; and
(D) by adding at the end the following:
``(2) Trauma-informed care pilots.--Federal agencies may
use Federal discretionary funds that are made available in this
Act or any appropriations Act, including across different or
multiple years, for any of fiscal years 2024 through 2028 to
carry out up to 10 Performance Partnership Pilots. Such Pilots
shall--
``(A) be designed to improve outcomes for infants,
children, and youth, and their families as appropriate,
who have experienced or are at risk of experiencing
trauma; and
``(B) involve Federal programs targeted on infants,
children, and youth, and their families as appropriate,
who have experienced or are at risk of experiencing
trauma.'';
(3) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``2018'' and
inserting ``2027''; and
(B) in subparagraph (F), by inserting before the
semicolon ``, including the age range for such
population''; and
(4) in subsection (e), by striking ``2018'' and inserting
``2027''.
(b) Requirement.--Not later than 9 months after the date of
enactment of this Act, the Director of the Office of Management and
Budget, working with the Attorney General and the Secretary of Labor,
Secretary of Health and Human Services, Secretary of Education, and
Secretary of Housing and Urban Development, and any other appropriate
agency representative, shall, with respect to carrying out this
section--
(1) explore authorities to enable the issuance of
appropriate start-up funding;
(2) issue guidance documents, template waivers and
performance measurements, best practices and lessons learned
from prior pilot programs, recommendations for how to sustain
projects after award periods, and other technical assistance
documents as needed; and
(3) align application timing periods to provide maximum
flexibility, which may include the availability of initial
planning periods for awardees.
SEC. 103. HOSPITAL-BASED INTERVENTIONS TO REDUCE READMISSIONS.
Section 393 of the Public Health Service Act (42 U.S.C. 280b-1a) is
amended by adding at the end the following:
``(c) Hospital-Based Interventions To Reduce Readmissions.--
``(1) Grants.--The Secretary shall award grants to eligible
entities to deliver and evaluate hospital-based interventions
to improve outcomes and reduce subsequent reinjury or
readmissions of patients that present at a hospital after
overdosing, attempting suicide, or suffering violent injury or
abuse.
``(2) Eligible entities.--To be eligible to receive a grant
under this subsection and entity shall--
``(A) be a hospital or health system (including
health systems operated by Indian tribes or tribal
organizations as such terms are defined in section 4 of
the Indian Self-Determination Act and Education
Assistance Act); and
``(B) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require, which shall
include demonstrated experience furnishing successful
hospital-based trauma interventions to improve outcomes
and prevent reinjury or readmission for patients
presenting after overdosing, attempting suicide, or
suffering violent injury or abuse.
``(3) Use of funds.--An entity shall use amounts received
under a grant under this subsection to deliver, test, and
evaluate hospital-based trauma-informed interventions for
patients who present at hospitals with drug overdoses, suicide
attempts, or violent injuries (such as domestic violence or
intentional penetrating wounds, including gunshots and
stabbings), or other presenting symptoms associated with
exposure to trauma, violence, substance misuse, or suicidal
ideation, to provide comprehensive education, screening,
counseling, discharge planning, skills building, and long-term
case management services to such individuals, and their
guardians or caregivers as appropriate, to prevent hospital
readmission, injury, and improve health, wellness, and safety
outcomes. Such interventions may be furnished in coordination
or partnership with qualified community-based organizations and
may include or incorporate the best practices developed under
section 7132(d) of the SUPPORT for Patients and Communities Act
(Public Law 115-271).
``(4) Quality measures.--An entity that receive a grant
under this section shall submit to the Secretary a report on
the data and outcomes developed under the grant, including any
quality measures developed, evaluated, and validated to prevent
hospital readmissions for the patients served under the program
involved.
``(5) Sustainable coverage.--The Secretary, acting through
the Administrator of the Centers for Medicare & Medicaid
Services, shall evaluate existing authorities, flexibilities,
and policies and disseminate appropriate and relevant
information to eligible entities on the opportunities for
health insurance coverage and reimbursement for the activities
described in paragraph (3).''.
SEC. 104. REAUTHORIZING THE NATIONAL CHILD TRAUMATIC STRESS NETWORK.
Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) collaboration among all NCTSI grantees for purposes
of developing evidence-based resources, training,
interventions, practices, and other information, as an integral
part of required grant activities.'';
(2) in subsection (d), by adding at the end the following:
``In carrying out this subsection, the Secretary shall permit
all grantees to deliver both training and services, as
appropriate.''; and
(3) in subsection (j), by striking ``$63,887,000 for each
of fiscal years 2019 through 2023'' and inserting ``$93,887,000
for each of fiscal years 2024 through 2028''.
SEC. 105. REAUTHORIZING THE TRAUMA SUPPORT SERVICES IN SCHOOLS GRANT
PROGRAM.
Section 7134(l) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``fiscal years 2019 through
2023'' and inserting ``fiscal years 2024 through 2028''.
SEC. 106. REAUTHORIZING CDC SURVEILLANCE AND DATA COLLECTION
ACTIVITIES.
Section 7131(e) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``$2,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$9,000,000 for each of
fiscal years 2024 through 2028''.
TITLE II--WORKFORCE DEVELOPMENT
SEC. 201. REAUTHORIZING THE INTERAGENCY TASK FORCE ON TRAUMA-INFORMED
CARE.
Section 7132(i) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``2023'' and inserting
``2028''.
SEC. 202. TRAINING AND RECRUITMENT OF INDIVIDUALS FROM COMMUNITIES THAT
HAVE EXPERIENCED HIGH LEVELS OF TRAUMA, VIOLENCE, OR
ADDICTION.
Part B of title VII of the Public Health Service Act (42 U.S.C. 293
et seq.) is amended by adding at the end the following:
``SEC. 742. INDIVIDUALS FROM COMMUNITIES THAT HAVE EXPERIENCED HIGH
LEVELS OF TRAUMA, VIOLENCE, OR ADDICTION.
``In carrying out activities under this part, the Secretary shall
ensure that emphasis is provided on the recruitment of individuals from
communities that have experienced high levels of trauma, violence, or
addiction and that appropriate activities under this part are carried
out in partnership with community-based organizations that have
expertise in addressing such challenges to enhance service delivery.''.
SEC. 203. FUNDING FOR THE NATIONAL HEALTH SERVICE CORPS.
Section 10503(b)(2) of the Patient Protection and Affordable Care
Act (42 U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(I) in addition to the amounts provided for under
subparagraph (H) for fiscal year 2023, $50,000,000 for
each of fiscal years 2024 through 2028, to be allocated
in each such fiscal year for awards to eligible
individuals whose obligated service locations are in
schools or community-based settings as described in
section 338N of the Public Health Service Act.''.
SEC. 204. INFANT AND EARLY CHILDHOOD CLINICAL WORKFORCE.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g) is amended by adding at the end the following:
``SEC. 399V-8. INFANT AND EARLY CHILDHOOD CLINICAL WORKFORCE.
``(a) In General.--The Secretary, acting through the Associate
Administrator of the Maternal and Child Health Bureau, shall establish
an Infant and Early Childhood Mental Health Clinical Leadership Program
to award grants to eligible entities to establish a national network of
training institutes for infant and early childhood clinical mental
health.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be--
``(A) an institution of higher education as defined
in section 101(a) of the Higher Education Act of 1965,
including historically Black colleges and universities
(as defined for purposes of section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)), and Tribal
colleges (as defined for purposes of section 316(b) of
the Higher Education Act of 1965 (20 U.S.C. 1059c)); or
``(B) be a hospital with affiliation with such an
institution of higher education, or a State
professional medical society or association of infant
mental health demonstrating an affiliation or
partnership with such an institution of higher
education; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Grant.--An entity shall use amounts received under a
grant under this section to establish training institutes to--
``(1) equip aspiring and current mental health
professionals, including clinical social workers, professional
counselors, marriage and family therapists, clinical
psychologists, child psychiatrists, school psychologists,
school counselors, school social workers, nurses, home
visitors, community health workers, and developmental and
behavioral pediatricians with specialization in infant and
early childhood clinical mental health, and those pursuing
certification or licensure in such professions; and
``(2) emphasize equipping trainees with culturally
responsive skills in prevention, mental health consultation,
screening, assessment, diagnosis, and treatment for infants and
children, and their parents as appropriate, who have
experienced or are at risk of experiencing trauma, including
from intergenerational poverty, civil unrest, discrimination,
or oppression, exposure to violence or overdose, as well as
prevention of secondary trauma, through--
``(A) the provision of community-based training and
supervision in evidence-based assessment, diagnosis,
and treatment, which may be conducted through
partnership with qualified community-based
organizations;
``(B) the development of graduate education
training tracks;
``(C) the provision of scholarships, stipends, and
trainee supports, including to enhance recruitment,
retention, and career placement of students from
populations under-represented populations in the mental
health workforce; and
``(D) the provision of mid-career training to
develop the capacity of existing health practitioners.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 205. TRAUMA-INFORMED TEACHING AND SCHOOL LEADERSHIP.
(a) Partnership Grants.--Section 202 of the Higher Education Act of
1965 (20 U.S.C. 1022a) is amended--
(1) in subsection (b)(6)--
(A) by redesignating subparagraphs (H) through (K)
as subparagraphs (I) through (L), respectively; and
(B) by inserting after subparagraph (G) the
following:
``(H) how the partnership will prepare general
education and special education teachers and, as
applicable, early childhood educators, to support
positive learning outcomes and social and emotional
development for students--
``(i) who have experienced trauma
(including students who are involved in the
foster care or juvenile justice system or
runaway or homeless youth); and
``(ii) in alternative education settings in
which high populations of youth with trauma
exposure may learn (including settings for
correctional education, juvenile justice,
pregnant, expecting, and parenting students, or
youth who have re-entered school after a period
of absence due to dropping out);'';
(2) in subsection (d)(1)(A)(i)--
(A) in subclause (II), by striking ``and'' after
the semicolon;
(B) by redesignating subclause (III) as subclause
(IV); and
(C) by inserting after subclause (II) the
following:
``(III) such teachers and, as
applicable, early childhood educators,
to adopt evidence-based approaches
for--
``(aa) improving behavior
(such as positive behavior
interventions and supports and
restorative justice practices);
``(bb) supporting social
and emotional learning;
``(cc) mitigating the
effects of trauma;
``(dd) improving the
learning environment in the
school;
``(ee) preventing secondary
trauma, compassion fatigue, and
burnout; and
``(ff) alternatives to
punitive discipline practices,
including suspensions,
expulsions, corporal
punishment, referrals to law
enforcement, and other actions
that remove students from the
learning environment; and'';
and
(3) in subsection (d), by adding at the end the following:
``(7) Trauma-informed and resilience-focused practice and
work in alternative education settings.--Developing the
teaching skills of prospective and, as applicable, new, early
childhood educators and elementary school and secondary school
teachers to adopt evidence-based trauma-informed and
resilience-focused teaching strategies--
``(A) to--
``(i) recognize the signs of trauma and its
impact on learning;
``(ii) maximize student engagement and
promote the social and emotional development of
students;
``(iii) implement alternative practices to
suspension and expulsion that do not remove
students from the learning environment; and
``(iv) engage with other school personnel,
including administrators and nonteaching staff,
to foster a shared understanding of the items
described in clauses (i), (ii), and (iii); and
``(B) including programs training teachers and, as
applicable, early childhood educators to work with
students--
``(i) with exposure to traumatic events
(including students involved in the foster care
or juvenile justice system or runaway and
homeless youth); and
``(ii) in alternative academic settings for
youth unable to participate in a traditional
public school program in which high populations
of students with trauma exposure may learn
(such as students involved in the foster care
or juvenile justice system, pregnant,
expecting, and parenting students, runaway and
homeless students, students exposed to family
violence or trafficking, and other youth who
have re-entered school after a period of
absence due to dropping out).''.
(b) Administrative Provisions.--Section 203(b)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1022b(b)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(C) to eligible partnerships that have a high-
quality proposal for trauma-informed and resilience-
focused training programs for general education and
special education teachers and, as applicable, early
childhood educators.''.
(c) Grants for the Development of Leadership Programs.--Section
202(f)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1022a(f)(1)(B)) is amended--
(1) in clause (v), by striking ``and'' after the semicolon;
(2) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vii) identify students who have
experienced trauma and connect those students
with appropriate school-based or community-
based interventions and services.''.
SEC. 206. TOOLS FOR FRONT-LINE PROVIDERS.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Health and Human Services, in coordination with
appropriate stakeholders with subject matter expertise which may
include the National Child Traumatic Stress Network or other resource
centers funded by the Department of Health and Human Services, shall
carry out activities to develop accessible and easily understandable
toolkits for use by front-line service providers (including teachers,
early childhood educators, school and out-of-school program leaders,
paraeducators and school support staff, home visitors, mentors, social
workers, counselors, health care providers, child welfare agency staff,
individuals in juvenile justice settings, faith leaders, first
responders, kinship caregivers, domestic violence agencies, child
advocacy centers, homeless services personnel, and youth development
and community-based organization personnel) for appropriately
identifying, responding to, and supporting infants, children, and
youth, and their families, as appropriate, who have experienced or are
at risk of experiencing trauma or toxic stress. Such toolkits shall
incorporate best practices developed under section 7132(d) of the
SUPPORT for Patients and Communities Act (Public Law 115-271), and
include actions to build a safe, stable, and nurturing environment for
the infants, children, and youth served in those settings, capacity
building, and strategies for addressing the impact of secondary trauma,
compassion fatigue, and burnout among such front-line service providers
and other caregivers.
SEC. 207. CHILDREN EXPOSED TO VIOLENCE INITIATIVE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101) is amended by adding at the end the following:
``PART PP--CHILDREN EXPOSED TO VIOLENCE AND ADDICTION INITIATIVE
``SEC. 3061. GRANTS TO SUPPORT CHILDREN EXPOSED TO VIOLENCE AND
SUBSTANCE USE.
``(a) In General.--The Attorney General may make grants to States,
units of local government, Indian tribes and tribal organizations (as
such terms are defined in section 4 of the Indian Self-Determination
Act and Education Assistance Act), and nonprofit organizations to
reduce violence and substance use by preventing children's trauma from
exposure to violence or substance use and supporting infants, children,
and youth, and their families, who have been harmed by violence,
trauma, or substance use to heal.
``(b) Use of Funds.--
``(1) In general.--A grant under subsection (a) may be used
to implement trauma-informed policies and practices that
support infants, children, youth, and their families, as
appropriate, by--
``(A) building public awareness and education about
the importance of addressing childhood trauma as a
means to reduce violence and substance use and improve
educational, economic, developmental, and societal
outcomes for infants, children, and youth;
``(B) providing training, tools, and resources to
develop the skills and capacity of parents (including
foster parents), adult guardians, and professionals who
interact directly with infants, children, and youth, in
an organized or professional setting, to reduce the
impact of trauma, grief, and exposure to violence on
children, including through the best practices
developed under section 7132(d) of the SUPPORT for
Patients and Communities Act (Public Law 115-271); and
``(C) supporting community collaborations and
providing technical assistance to communities,
organizations, and public agencies on how they can
coordinate to prevent and mitigate the impact of trauma
from exposure to violence and substance use on children
in their homes, schools, and communities.
``(2) Priority.--Priority in awarding grants under this
section shall be given to communities that seek to address
multiple types of violence and serve children who have
experienced poly-victimization.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $11,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 208. ESTABLISHMENT OF LAW ENFORCEMENT CHILD AND YOUTH TRAUMA
COORDINATING CENTER.
(a) Establishment of Center.--
(1) In general.--The Attorney General, in coordination with
the Civil Rights Division, shall establish a National Law
Enforcement Child and Youth Trauma Coordinating Center
(referred to in this section as the ``Center'') to provide
assistance to adult- and juvenile-serving State, local, and
tribal law enforcement agencies (including those operated by
Indian tribes and tribal organizations as such terms are
defined in section 4 of the Indian Self-Determination Act and
Education Assistance Act) in interacting with infants,
children, and youth who have been exposed to violence or other
trauma, and their families as appropriate.
(2) Age range.--The Center shall determine the age range of
infants, children, and youth to be covered by the activities of
the Center.
(b) Duties.--The Center shall provide assistance to adult- and
juvenile-serving State, local, and tribal law enforcement agencies by--
(1) disseminating information on the best practices for law
enforcement officers, which may include best practices based on
evidence-based and evidence-informed models from programs of
the Department of Justice and the Office of Justice Services of
the Bureau of Indian Affairs or the best practices developed
under section 7132(d) of the SUPPORT for Patients and
Communities Act (Public Law 115-271), such as--
(A) models developed in partnership with national
law enforcement organizations, Indian tribes, or
clinical researchers; and
(B) models that include--
(i) trauma-informed approaches to conflict
resolution, information gathering, forensic
interviewing, de-escalation, and crisis
intervention training;
(ii) early interventions that link child
and youth witnesses and victims, and their
families as appropriate, to age-appropriate
trauma-informed services; and
(iii) preventing and supporting officers
who experience secondary trauma;
(2) providing professional training and technical
assistance; and
(3) awarding grants under subsection (c).
(c) Grant Program.--
(1) In general.--The Attorney General, acting through the
Center, may award grants to State, local, and tribal law
enforcement agencies or to multi-disciplinary consortia to--
(A) enhance the awareness of best practices for
trauma-informed responses to infants, children, and
youth who have been exposed to violence or other
trauma, and their families as appropriate; and
(B) provide professional training and technical
assistance in implementing the best practices described
in subparagraph (A).
(2) Application.--Any State, local, or tribal law
enforcement agency seeking a grant under this subsection shall
submit an application to the Attorney General at such time, in
such manner, and containing such information as the Attorney
General may require.
(3) Use of funds.--A grant awarded under this subsection
may be used to--
(A) provide training to law enforcement officers on
best practices, including how to identify and
appropriately respond to early signs of trauma and
violence exposure when interacting with infants,
children, and youth, and their families, as
appropriate; and
(B) establish, operate, and evaluate a referral and
partnership program with trauma-informed clinical
mental health, substance use, health care, or social
service professionals in the community in which the law
enforcement agency serves.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General--
(1) $6,000,000 for each of fiscal years 2024 through 2028
to award grants under subsection (c); and
(2) $2,000,000 for each of fiscal years 2024 through 2028
for other activities of the Center.
<all>
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118S1427 | Agriculture PFAS Liability Protection Act of 2023 | [
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"sponsor"
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"Sen. Boozman, John [R-AR]",
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[
"M001190",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1427
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr.
Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture PFAS Liability
Protection Act of 2023''.
SEC. 2. EXEMPTION OF AGRICULTURAL OPERATIONS FROM CERCLA LIABILITY FOR
RELEASES OF PFAS.
(a) Definitions.--In this section:
(1) Covered perfluoroalkyl or polyfluoroalkyl substance.--
The term ``covered perfluoroalkyl or polyfluoroalkyl
substance'' means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)).
(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) Protected entity.--The term ``protected entity'' means
a person engaged in the production or harvesting of
agricultural products (as defined in section 207 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1626)).
(b) Exemption.--No person (including the United States, any State,
or an Indian Tribe) may recover costs or damages from a protected
entity under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs arising
from a release to the environment of a covered perfluoroalkyl or
polyfluoroalkyl substance.
(c) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a protected entity if
that protected entity acted with gross negligence or willful misconduct
in the discharge, disposal, management, conveyance, or storage of the
covered perfluoroalkyl or polyfluoroalkyl substance.
<all>
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118S1428 | A bill to require a report on efforts by Venezuelan state actors and transnational criminal organizations to capture and detain United States citizens as hostages. | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1428 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1428
To require a report on efforts by Venezuelan state actors and
transnational criminal organizations to capture and detain United
States citizens as hostages.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require a report on efforts by Venezuelan state actors and
transnational criminal organizations to capture and detain United
States citizens as hostages.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES
CITIZENS AS HOSTAGES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate committees of Congress a report on efforts by the
Government of Venezuela to detain United States citizens and permanent
residents.
(b) Elements.--The report required under subsection (a) shall
include, regarding the seizure and detainment of United States citizens
or permanent resident aliens--
(1) the names and positions of Venezuelan persons or those
acting on their behalf who have engaged in those activities;
(2) a description of any roles played by transnational
criminal organizations, and an identification of those
organizations; and
(3) where relevant, an assessment of whether and how United
States citizens and permanent resident aliens have been lured
to Venezuela.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but shall include a classified annex
listing the total number of United States citizens and permanent
resident aliens presently in custody of Venezuelan state actors
operating in the hemisphere.
(d) Appropriate Committees of Congress Defined.--In this Act, the
term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
<all>
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118S1429 | Resource Management PFAS Liability Protection Act of 2023 | [
[
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"Sen. Lummis, Cynthia M. [R-WY]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
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],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
],
[
"M001190",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1429 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1429
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr.
Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resource Management PFAS Liability
Protection Act of 2023''.
SEC. 2. EXEMPTION FOR OWNERS AND OPERATORS OF CERTAIN RESOURCE
MANAGEMENT FACILITIES FROM CERCLA LIABILITY FOR RELEASES
OF PFAS.
(a) Definitions.--In this section:
(1) Compost.--The term ``compost'' has the meaning given
the term in section 205.2 of title 7, Code of Federal
Regulations (or a successor regulation).
(2) Covered perfluoroalkyl or polyfluoroalkyl substance.--
The term ``covered perfluoroalkyl or polyfluoroalkyl
substance'' means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)).
(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).
(4) Protected entity.--The term ``protected entity'' means
an owner or operator (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)) of--
(A) a solid waste management facility (as defined
in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)); or
(B) a facility that processes compost for sale or
distribution to the public.
(b) Exemption.--Subject to subsection (c), no person (including the
United States, any State, or an Indian Tribe) may recover costs or
damages from a protected entity under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) for costs arising from a release to the environment of a covered
perfluoroalkyl or polyfluoroalkyl substance.
(c) Requirements.--Subsection (b) shall only apply if the release
of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected
entity resulted from--
(1) the disposal or management of any residuals or
byproduct of municipal solid waste in accordance with a permit
issued under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), or similar State or local authority;
(2) the disposal or management of biosolids consistent with
section 405 of the Federal Water Pollution Control Act (33
U.S.C. 1345); or
(3) the application or processing of compost in accordance
with State law.
(d) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a protected entity if
that protected entity acted with gross negligence or willful misconduct
in the discharge, disposal, management, processing, conveyance, or
storage of the covered perfluoroalkyl or polyfluoroalkyl substance.
<all>
</pre></body></html>
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118S143 | Turn OFF THE TAP Act | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] | <p><b>Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act or the Turn OFF THE TAP Act</b></p> <p>This bill prohibits certain entities from receiving federal funds or contracts from an executive agency.</p> <p>Specifically, this prohibition applies to (1) entities listed as specially designated nationals and blocked persons by the Office of Foreign Assets Control (OFAC) of the Department of the Treasury, (2) certain entities on the OFAC's Non-SDN Chinese Military-Industrial Complex Companies List, (3) entities identified on a Department of Defense list of Chinese military companies operating in the United States, (4) entities on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce, and (5) entities identified by the Federal Communications Commission as a telecommunications equipment or service provider that pose an unacceptable risk to U.S. national security.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 143 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 143
To prohibit the provision of Federal funds to certain entities subject
to sanctions imposed by the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Rubio (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit the provision of Federal funds to certain entities subject
to sanctions imposed by the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Turn Off Federal Funding of
Threatening Entities that Thwart American Prosperity Act'' or the
``Turn OFF THE TAP Act''.
SEC. 2. PROHIBITION ON PROVIDING FEDERAL FUNDS TO CERTAIN ENTITIES
SUBJECT TO SANCTIONS IMPOSED BY THE UNITED STATES.
(a) Prohibition on Federal Contracts.--The head of an executive
agency may not enter into, renew, or extend a contract with a covered
entity.
(b) Prohibition on Provision of Federal Funds.--No amounts provided
by the Federal Government to any entity may be used by that entity to
purchase goods or services from, invest in, enter into contract with,
or otherwise provide funding to a covered entity.
(c) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means any
of the following:
(A) An entity on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly referred to as the ``SDN list'').
(B) An entity on the Non-SDN Chinese Military-
Industrial Complex Companies List--
(i) established pursuant to Executive Order
13959 (50 U.S.C. 1701 note; relating to
addressing the threat from securities
investments that finance Communist Chinese
military companies), as amended before, on, or
after the date of the enactment of this Act;
and
(ii) maintained by the Office of Foreign
Assets Control.
(C) A Chinese military company on the list required
by section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 113 note).
(D) An entity on the Entity List maintained by the
Bureau of Industry and Security of the Department of
Commerce and set forth in Supplement No. 4 to part 744
of title 15, Code of Federal Regulations.
(E) An entity that produces equipment or services
on the list of communications equipment and services
that pose an unacceptable risk to the national security
of the United States or the security and safety of
United States persons maintained by the Federal
Communications Commission under section 2 of the Secure
and Trusted Communications Networks Act of 2019 (47
U.S.C. 1601).
(F) Any entity that is owned or controlled by, or
under common ownership or control with, an entity
described in any of subparagraphs (A) through (E).
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
<all>
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118S1430 | Water Systems PFAS Liability Protection Act | [
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"sponsor"
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"Sen. Boozman, John [R-AR]",
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[
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1430
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr.
Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Systems PFAS Liability
Protection Act''.
SEC. 2. EXEMPTION OF WATER AND WASTEWATER TREATMENT FACILITIES FROM
CERCLA LIABILITY FOR RELEASES OF PFAS.
(a) Definitions.--In this section:
(1) Covered perfluoroalkyl or polyfluoroalkyl substance.--
The term ``covered perfluoroalkyl or polyfluoroalkyl
substance'' means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)).
(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) Protected entity.--The term ``protected entity''
means--
(A) a public water system (as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
(B) a publicly or privately owned or operated
treatment works (as defined in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292));
(C) a municipality to which a permit under section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) is issued for stormwater discharges;
(D) a political subdivision of a State or a special
district of a State acting as a wholesale water agency;
and
(E) a contractor performing the management or
disposal activities described in subsection (c) for an
entity described in any of subparagraphs (A) through
(D).
(b) Exemption.--Subject to subsection (c), no person (including the
United States, any State, or an Indian Tribe) may recover costs or
damages from a protected entity under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) for costs arising from a release to the environment of a covered
perfluoroalkyl or polyfluoroalkyl substance.
(c) Requirements.--Subsection (b) shall only apply if a protected
entity transports, treats, disposes of, or arranges for the transport,
treatment, or disposal of a covered perfluoroalkyl or polyfluoroalkyl
substance--
(1) in a manner consistent with all applicable laws at the
time the activity is carried out; and
(2) during and following the conveyance or treatment of
water under Federal or State law, including through--
(A) the management or disposal of biosolids
consistent with section 405 of the Federal Water
Pollution Control Act (33 U.S.C. 1345);
(B) the discharge of effluent in accordance with a
permit issued under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342);
(C) the release or disposal of water treatment
residuals or any other byproduct of drinking water or
wastewater treatment activities, such as granulated
activated carbon, filter media, and processed waste
streams; or
(D) the conveyance or storage of water for the
purpose of conserving or reclaiming the water for water
supply.
(d) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a protected entity if
that protected entity acted with gross negligence or willful misconduct
in the discharge, disposal, management, conveyance, or storage of the
covered perfluoroalkyl or polyfluoroalkyl substance.
<all>
</pre></body></html>
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118S1431 | Agency Accountability Act of 2023 | [
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1431 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1431
To require agencies to publish a reference to the specific provision of
law, including any relevant statutory language, under which agency
rules are proposed, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require agencies to publish a reference to the specific provision of
law, including any relevant statutory language, under which agency
rules are proposed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agency Accountability Act of 2023''.
SEC. 2. STATUTORY AUTHORITY FOR RULEMAKING.
(a) Definitions.--In this section, the terms ``agency'' and
``rule'' have the meanings given those terms in section 551 of title 5,
United States Code.
(b) Statutory Authority for Rulemaking.--Section 553 of title 5,
United States Code, is amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) a reference to--
``(A) the specific provision of law that provides
the agency with regulatory authority over the subject
matter area affected by the rule; and
``(B) the specific provision of law, including any
relevant statutory language, under which the rule is
proposed;''; and
(B) in paragraph (3)(B), by inserting ``and the
specific references described in paragraph (2)'' after
``therefor''; and
(2) by adding at the end the following:
``(f) When publishing a final rule in the Federal Register,
including any rule for which a notice of proposed rulemaking is not
required to be published, an agency shall include the references
described in subsection (b)(2).''.
(c) Notice Regarding Statutory Authority.--If an agency imposes a
fine or other penalty on an individual related to the violation of a
rule, the agency shall inform the individual of the specific statutory
provision of law that forms the basis of the rule that the individual
is accused of violating.
(d) Affirmative Defense.--It shall be an affirmative defense
against an alleged violation of a rule for a defendant in any
administrative proceeding of an agency, or before a court of the United
States, if an individual of ordinary intelligence could not anticipate
from the statutory language of a provision of law purported to form the
basis for the rule in question that the conduct of the individual would
be unlawful.
<all>
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118S1432 | Fire Suppression PFAS Liability Protection Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1432 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1432
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 for the
release of certain perfluoroalkyl or polyfluoroalkyl substances, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr.
Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 for the
release of certain perfluoroalkyl or polyfluoroalkyl substances, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Suppression PFAS Liability
Protection Act''.
SEC. 2. EXEMPTION UNDER CERCLA.
(a) Definitions.--In this section:
(1) Covered perfluoroalkyl or polyfluoroalkyl substance.--
The term ``covered perfluoroalkyl or polyfluoroalkyl
substance'' means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)).
(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) Lawful discharge.--The term ``lawful discharge'', with
respect to an aqueous film forming foam agent, means a release
of the aqueous film forming foam agent through equipment
calibration, firefighter training, a timed-response drill, a
scheduled release, an emergency response activity, or the use
of a fire suppression system.
(4) Protected entity.--The term ``protected entity'' means
an entity with a fire suppression system installed, or
otherwise in use, in accordance with applicable Federal, State,
and local fire codes that uses an aqueous film forming foam
that contains a covered perfluoroalkyl or polyfluoroalkyl
substance.
(b) Exemption.--Subject to subsection (c), no person (including the
United States, any State, or an Indian Tribe) may recover costs or
damages from a protected entity under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) for costs arising from a release to the environment of a covered
perfluoroalkyl or polyfluoroalkyl substance.
(c) Requirement.--Subsection (b) shall only apply if the release of
the covered perfluoroalkyl or polyfluoroalkyl substance resulted from
the lawful discharge of an aqueous film forming foam in connection with
a fire suppression system that--
(1) conforms to applicable Federal, State, and local fire
codes; and
(2) is compliant with the most recently approved
engineering standards at the time of the discharge.
(d) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a protected entity if
the protected entity--
(1) acts with gross negligence or willful misconduct in the
discharge of the covered perfluoroalkyl or polyfluoroalkyl
substance; or
(2) continues to use an aqueous film forming foam agent in
the fire suppression system of the protected entity on or after
the date that is 5 years after the date on which approved
engineering standards were updated to no longer require the use
of an aqueous film forming foam.
<all>
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118S1433 | Airports PFAS Liability Protection Act | [
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"M001190",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1433 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1433
To exempt certain aviation entities from liability under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 for the release of certain perfluoroalkyl or polyfluoroalkyl
substances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr.
Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To exempt certain aviation entities from liability under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 for the release of certain perfluoroalkyl or polyfluoroalkyl
substances, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airports PFAS Liability Protection
Act''.
SEC. 2. EXEMPTION UNDER CERCLA.
(a) Definitions.--In this section:
(1) Covered perfluoroalkyl or polyfluoroalkyl substance.--
The term ``covered perfluoroalkyl or polyfluoroalkyl
substance'' means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)).
(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) Sponsor.--The term ``sponsor'' has the meaning given
the term in section 47102 of title 49, United States Code.
(b) Exemption.--Subject to subsection (c), no person (including the
United States, any State, or an Indian Tribe) may recover costs or
damages from a sponsor, including a sponsor of the civilian portion of
a joint-use airport or a shared-use airport (as those terms are defined
in section 139.5 of title 14, Code of Federal Regulations (or a
successor regulation)), under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for
costs arising from a release to the environment of a covered
perfluoroalkyl or polyfluoroalkyl substance.
(c) Requirements.--Subsection (b) shall only apply--
(1) if the release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a sponsor resulted from the use of
an aqueous film forming foam; and
(2) if the use described in paragraph (1) was--
(A) required by the Federal Aviation Administration
for compliance with part 139 of title 14, Code of
Federal Regulations (or successor regulations); and
(B) carried out in accordance with Federal Aviation
Administration standards and guidance on the use of
that substance.
(d) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a sponsor if that
sponsor acted with gross negligence or willful misconduct in the use of
an aqueous film forming foam.
<all>
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118S1434 | Corporate Responsibility for Child Labor Elimination Act of 2023 | [
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1434 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1434
To require certain businesses to disclose and eradicate the use of
unlawful child labor in their supply chain, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require certain businesses to disclose and eradicate the use of
unlawful child labor in their supply chain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Responsibility for Child
Labor Elimination Act of 2023''.
SEC. 2. REQUIRED REPORTING ON USE OF UNLAWFUL CHILD LABOR FROM COVERED
BUSINESS ENTITIES.
(a) Definitions.--In this Act:
(1) Covered business entity.--The term ``covered business
entity'' means any issuer, as defined in section 2(a) of the
Securities Act of 1933 (15 U.S.C. 77b(a)), that has annual,
worldwide gross receipts that exceed $500,000,000.
(2) Gross receipts.--The term ``gross receipts'' has the
meaning given the term in section 993(f) of the Internal
Revenue Code of 1986.
(3) On-site service.--The term ``on-site service'' means
any service work provided on the site of a covered business
entity or supplier of such entity, including food service work,
catering services, cleaning, and maintenance.
(4) On-site service provider.--The term ``on-site service
provider'', with respect to a covered business entity, means
any entity that provides workers who perform on-site services
for the covered business entity or any supplier of such covered
business entity.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Supplier.--The term ``supplier'', with respect to a
covered business entity, means any entity that produces any
input of a good produced by such covered business entity.
(7) Supply chain.--The term ``supply chain'' means the end-
to-end process for producing and transporting goods beginning
at the point of origin through a point of distribution to the
destination, inclusive of suppliers and on-site service
providers.
(8) Unlawful child labor.--The term ``unlawful child
labor'' means any labor practice that violates child labor laws
in the United States, including Federal and State child labor
laws.
(b) Audit and Reporting Requirements.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, each covered
business entity shall--
(A) conduct an audit of its supply chain, pursuant
to the requirements of section 3, to investigate the
presence or use of unlawful child labor by the covered
business entity, suppliers of the covered business
entity, and on-site service providers of the covered
business entity;
(B) submit a report to the Secretary containing the
information described in paragraph (2) on the results
of such audit and efforts of the covered business
entity to eradicate unlawful child labor from the
covered business entity, suppliers of the covered
business entity, and on-site service providers of the
covered business entity; and
(C)(i) publish the report described in subparagraph
(B) on the public website of the covered business
entity, and provide a conspicuous and easily understood
link on the homepage of such website that leads to the
report; or
(ii) in the case of a covered business entity that
does not have a public website, provide the report in
written form to any consumer of the covered business
entity not later than 30 days after the consumer
submits a request for the report.
(2) Required report contents.--Each report required under
paragraph (1)(B) shall contain, at a minimum--
(A) a disclosure of the policies of the covered
business entity to prevent the use of unlawful child
labor by the covered business entity and any supplier
or on-site service provider of the covered business
entity;
(B) a disclosure of what policies or procedures, if
any, the covered business entity uses--
(i) for the verification of suppliers of
the covered business entity and on-site service
providers of the covered business entity to
evaluate and address risks of unlawful child
labor and whether the verification was
conducted by a third party;
(ii) to require suppliers of the covered
business entity and on-site service providers
of the covered business entity to provide
written certification that inputs supplied or
on-site services provided, respectively, comply
with the child labor laws in the United States,
including any Federal or State child labor law;
(iii) to maintain internal accountability
standards and procedures for workers, including
contractors, of the covered business entity
failing to meet requirements regarding unlawful
child labor; and
(iv) to provide training on recognizing and
preventing unlawful child labor, particularly
with respect to mitigating risks within the
supply chain of the covered business entity, to
workers, including management personnel, of the
covered business entity who have direct
responsibility for managing the supply chain of
the covered business entity;
(C) a description of the findings of each audit
required under paragraph (1)(A), including the details
of any instances of found or suspected unlawful child
labor; and
(D) a written certification, signed by the chief
executive officer of the covered business entity,
that--
(i) the covered business entity has
complied with the requirements of this Act and
exercised due diligence in order to eradicate
unlawful child labor from the supply chain of
the covered business entity;
(ii) to the best of the chief executive
officer's knowledge, the covered business
entity has found no instances of the use of
unlawful child labor by the covered business
entity or any supplier or on-site service
provider of the covered business entity or has
disclosed every known instance of such use of
unlawful child labor; and
(iii) the chief executive officer and any
other officers submitting the report or
certification understand that section 1001 of
title 18, United States Code (commonly known as
the ``False Statements Act''), applies to the
information contained in the report submitted
to the Secretary.
(c) Report of Violations to Congress.--Each year, the Secretary
shall prepare and submit a report to Congress regarding covered
business entities that--
(1) have failed to conduct audits required under this Act
for the preceding year or have been adjudicated in violation of
any other provision of this Act; or
(2) have been found to have used unlawful child labor,
including the use of unlawful child labor in their supply
chain.
SEC. 3. AUDIT REQUIREMENTS.
(a) In General.--Each audit conducted under section 2(b)(1)(A)
shall meet each of the following requirements:
(1) Worker interviews.--The auditor shall--
(A) select a cross-section of workers to interview
that represents the full diversity of all workplaces of
the covered business entity or a supplier or on-site
service provider of the covered business entity, and
includes, if applicable, men and women, migrant workers
and local workers, workers on different shifts, workers
performing different tasks, and members of various
teams;
(B) if individuals under the age of 18 are working
at a facility of the covered business entity or a
supplier or on-site service provider of the covered
business entity, interview a representative group of
such individuals using age-sensitive interview
techniques;
(C) conduct interviews--
(i) off-site of any facility of the covered
business entity or a supplier or on-site
service provider of the covered business entity
and during non-work hours for the worker;
(ii) individually (except for purposes of
subparagraph (B)) or in groups; and
(iii) using methods of communication that
limit, to the greatest extent practicable, any
reliance on devices or services provided to the
worker by the covered business entity or any
supplier or on-site service provider of the
covered business entity;
(D) use audit tools to ensure that each worker is
asked a comprehensive set of questions;
(E) collect from interviewed workers copies of the
workers' pay stubs, in order to compare the pay stubs
with payment records provided by the covered business
entity or any supplier or on-site service provider of
the covered business entity;
(F) ensure that all worker responses are
confidential and are never shared with management
personnel of the covered business entity or any
supplier or on-site service provider of the covered
business entity; and
(G) interview a representative of the labor
organization or other organization representing workers
at a facility of the covered business entity or any
supplier or on-site service provider of the covered
business entity or, if no such organization is present,
attempt to interview a representative of such workers
from a local worker advocacy group.
(2) Management interviews.--The auditor shall--
(A) interview a cross-section of management
personnel of the covered business entity or any
supplier or on-site service provider of the covered
business entity, including human resources personnel,
production supervisors, and others; and
(B) use audit tools to ensure that such individuals
are asked a comprehensive set of questions.
(3) Required information.--The auditor shall conduct a
thorough review of information regarding the covered business
entity and any supplier or on-site service provider of the
covered business entity to provide tangible proof of compliance
with child labor laws in the United States, including any
Federal or State child labor law, and to corroborate or find
discrepancies in the information gathered through the worker
and management interviews under paragraphs (1) and (2),
respectively. At a minimum, such review shall contain, with
respect to the covered business entity and any supplier or on-
site service provider of the covered business entity, a review
of each of the following:
(A) Procedures and documents with respect to
verifying the age of workers.
(B) A master list of juvenile workers or
information related to juvenile workers.
(C) Procedures regarding the selection and
recruitment of workers.
(D) Contracts with labor brokers, if any.
(E) Worker contracts and other employment
agreements.
(F) Introduction program materials.
(G) Personnel files of workers.
(H) Worker communication and training plans,
including certifications provided to workers including
skills training, worker preparedness, government
certification programs, and systems or policy
orientations.
(I) Collective bargaining agreements, including
collective bargaining representative certifications,
descriptions of the role of any applicable labor
organization, and minutes of the meetings of such a
labor organization.
(J) Contracts with any security agency, and
descriptions of the scope of responsibilities of the
security agency.
(K) Payroll and time records.
(L) Production capacity reports.
(M) Written human resources policies and
procedures.
(N) Occupational health and safety plans and
records including legal permits, maintenance and
monitoring records, injury and accident reports,
investigation procedures, chemical inventories,
personal protective equipment inventories, training
certificates, and evacuation plans.
(O) Disciplinary notices.
(P) Grievance reports.
(Q) Performance evaluations.
(R) Promotion or merit increase records.
(S) Dismissal and suspension records of workers.
(T) Records of workers who have resigned.
(U) Worker pay stubs.
(4) Closing meeting with management.--The auditor shall
hold a closing meeting with management personnel of the covered
business entity to--
(A) report violations of child labor laws in the
United States, including any Federal or State child
labor law, found in any facility of the covered
business entity or any supplier or on-site service
provider of the covered business entity; and
(B) determine the steps forward to address and
remediate any such violations.
(5) Report preparation.--The auditor shall prepare a full
report of the audit, which shall include--
(A) a disclosure of the suppliers of the covered
business entity and on-site service providers of the
covered business entity;
(B) documented processes and procedures of the
covered business entity and any supplier or on-site
service provider of the covered business entity that
relate to eradicating unlawful child labor;
(C) documented risk assessment and prioritization
policies of the covered business entity and any
supplier or on-site service provider of the covered
business entity as such policies relate to eradicating
unlawful child labor;
(D) a description of the worker interviews,
management interviews, and documentation review
required under paragraphs (1), (2), and (3),
respectively;
(E) a description of all violations or suspected
violations of child labor laws in the United States,
including any Federal or State child labor law, by the
covered business entity and any supplier or on-site
service provider of the covered business entity; and
(F) for each violation or suspected violation
described in subparagraph (E), a description of any
corrective or protective action recommended for the
covered business entity, supplier, or on-site service
provider consisting of, at a minimum--
(i) the issues relating to, and any root
causes of, the violation or suspected
violation;
(ii) the implementation of a solution to
remedy the violation or suspected violation;
and
(iii) a method to check the effectiveness
of such solution.
(b) Additional Requirements Relating to Audits.--
(1) No retaliation for audit cooperation.--Any covered
business entity, supplier of a covered business entity, or on-
site service provider of a covered business entity shall not
retaliate against any worker for participating in an interview
under paragraph (1) or (2) of subsection (a) or providing to an
auditor information necessary for the audit requirements under
subsection (a)(3).
(2) Contract requirements.--Each covered business entity
shall include, in any contract with a supplier or on-site
service provider, a requirement that--
(A) the supplier or on-site service provider shall
not retaliate against any worker for participating in
an audit relating to unlawful child labor; and
(B) worker participation in any such audit shall be
protected through the same grievance mechanisms
available to the worker for any other type of workplace
grievance.
SEC. 4. ENFORCEMENT.
(a) In General.--The Secretary may assess civil damages against a
covered business entity in an amount of not more than $100,000,000 if,
after notice and an opportunity for a hearing, the Secretary determines
that the covered business entity has violated any requirement of
section 2(b).
(b) Prohibition on Retaliation.--The Secretary may assess civil
damages against a covered business entity, supplier, or on-site service
provider in an amount of not more than $500,000,000 if, after notice
and an opportunity for a hearing, the Secretary determines the covered
business entity, supplier, or on-site service provider has willfully
violated section 3(b)(1).
(c) Declarative or Injunctive Relief.--The Secretary may request
the Attorney General institute a civil action for relief, including a
permanent or temporary injunction, restraining order, or any other
appropriate order, in the district court of the United States for any
district in which the covered business entity conducts business,
whenever the Secretary believes that a violation of section 2(b)
constitutes a hazard to workers.
SEC. 5. REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall promulgate regulations to carry out this Act.
<all>
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118S1435 | A bill to require the Director of the Bureau of Land Management to withdraw a rule of the Bureau of Land Management relating to conservation and landscape health. | [
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[From the U.S. Government Publishing Office]
[S. 1435 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1435
To require the Director of the Bureau of Land Management to withdraw a
rule of the Bureau of Land Management relating to conservation and
landscape health.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Barrasso (for himself, Mr. Cramer, Mr. Crapo, Mr. Hoeven, Mr. Lee,
Ms. Lummis, Mr. Risch, Mr. Romney, Mr. Sullivan, and Mrs. Fischer)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Director of the Bureau of Land Management to withdraw a
rule of the Bureau of Land Management relating to conservation and
landscape health.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WITHDRAWAL OF BLM PROPOSED RULE.
The Director of the Bureau of Land Management--
(1) shall withdraw the proposed rule of the Bureau of Land
Management entitled ``Conservation and Landscape Health'' (88
Fed. Reg. 19583 (April 3, 2023)); and
(2) may not take any action to finalize, implement, or
enforce the proposed rule described in paragraph (1) or any
substantially similar rule.
<all>
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118S1436 | CHARGE Act of 2023 | [
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1436 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1436
To expand and extend benefits available to veterans in response to the
COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Tester (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To expand and extend benefits available to veterans in response to the
COVID-19 pandemic, and for other 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 ``Critical Health
Access Resource and Grant Extensions Act of 2023'' or the ``CHARGE 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--HOMELESSNESS MATTERS
Sec. 101. Grants and per diem payments provided by the Secretary of
Veterans Affairs for services furnished to
homeless veterans.
Sec. 102. Authorization for use of certain funds for improved
flexibility in provision of assistance to
homeless veterans.
Sec. 103. Access to Department of Veterans Affairs telehealth services.
TITLE II--MATTERS RELATING TO CAREGIVERS
Sec. 201. Authorized virtual visits under caregiver programs of
Department of Veterans Affairs.
TITLE III--STATE VETERANS HOMES
Sec. 301. State home defined.
Sec. 302. Temporary waiver of occupancy rate requirements for receipt
of per diem payments.
Sec. 303. Provision of medicine, equipment, and supplies.
TITLE I--HOMELESSNESS MATTERS
SEC. 101. GRANTS AND PER DIEM PAYMENTS PROVIDED BY THE SECRETARY OF
VETERANS AFFAIRS FOR SERVICES FURNISHED TO HOMELESS
VETERANS.
(a) Limitation on Transitional Housing Beds.--Section 2011 of title
38, United States Code, is amended by adding at the end the following
new subsection:
``(i) Limitation on Transitional Housing Beds.--The Secretary may
not make grants under this section or provide per diem payments under
section 2012 of this title for more than 12,000 transitional housing
beds for homeless veterans furnished by grant recipients or eligible
entities under such sections on average each year.''.
(b) Reports Required.--Section 2012 of such title is amended by
adding at the end the following new subsection:
``(f) Reports Required.--Not later than 90 days after the date of
the enactment of the CHARGE Act of 2023, and not less frequently than
twice each year 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 on the rate for per
diem payments under this section that includes, for each Veterans
Integrated Service Network of the Department, the following data:
``(1) The average rate for such payments.
``(2) A list of locations where the rate for such payments
is within 10 percent of the maximum rate for such payments
authorized under this section.
``(3) The average length of stay by veterans participating
in programs described in section 2011(a) of this title.''.
(c) Maximum Rate.--During the three-year period beginning on the
date of the enactment of this Act, section 2012(a)(2)(B)(i)(II)(aa)(BB)
of title 38, United States Code, shall be applied and administered by
substituting ``200'' for ``115''.
(d) Strategic Plan.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a strategic plan for the provision of grants
and per diem payments for services furnished to homeless
veterans under sections 2011 and 2012 of title 38, United
States Code.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A method for administering grant funding
equitably without using the rate authorized for State
homes for domiciliary care under subsection (a)(1)(A)
of section 1741 of title 38, United States Code, as the
Secretary may increase from time to time under
subsection (c) of that section, that takes into
account--
(i) the wide variety of services furnished
by grant recipients and eligible entities under
sections 2011 and 2012 of title 38, United
States Code;
(ii) varying costs of living across
different geographic locations;
(iii) varying availability of affordable
housing in different geographic locations;
(iv) circumstances of housing insecurity in
rural and Tribal communities;
(v) veterans with significant medical care
needs; and
(vi) the changing dynamic of the veteran
population nationwide.
(B) A plan and timeline for implementation of the
method included under subparagraph (A).
(C) An estimate of increased costs or savings per
year under the plan.
(D) An overview of the different grants that will
be available once the plan is implemented.
SEC. 102. AUTHORIZATION FOR USE OF CERTAIN FUNDS FOR IMPROVED
FLEXIBILITY IN PROVISION OF ASSISTANCE TO HOMELESS
VETERANS.
(a) In General.--Subtitle VII of chapter 20 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 2069. Flexibility in provision of assistance to homeless
veterans
``(a) Use of Funds.--The Secretary may provide to homeless veterans
and veterans participating in the program carried out under section
8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)), as the Secretary determines necessary, the following:
``(1) Assistance required for the safety and survival of
the veteran (such as food, shelter, clothing, blankets, and
hygiene items).
``(2) Transportation required to support the stability and
health of the veteran (such as transportation for appointments
with service providers, the conduct of housing searches, and
the obtainment of food and supplies).
``(3) Communications equipment and services (such as
tablets, smartphones, disposable phones, and related service
plans) required to support the stability and health of the
veteran (such as through the maintenance of contact with
service providers, prospective landlords, and family members).
``(4) Such other assistance as the Secretary determines
necessary.
``(b) Homeless Veterans on Department Land.--(1) The Secretary may
collaborate, to the extent practicable, with one or more organizations
to manage the use of land of the Department for homeless veterans for
living and sleeping.
``(2) Collaboration under paragraph (1) may include the provision
by either the Secretary or the head of the organization concerned of
food services and security for property, buildings, and other
facilities owned or controlled by the Department.
``(c) Sunset.--The authorities provided by this section shall
terminate on the date that is three years after the date of the
enactment of the CHARGE Act of 2023.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding at the end the following
new item:
``2069. Flexibility in provision of assistance to homeless veterans.''.
SEC. 103. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS TELEHEALTH SERVICES.
(a) In General.--Subtitle VII of chapter 20 of title 38, United
States Code, as amended by section 102(a), is further amended by adding
at the end the following new section:
``Sec. 2070. Access to telehealth services
``To the extent practicable, the Secretary shall ensure that
veterans participating in or receiving services from a program under
this chapter have access to telehealth services to which such veterans
are eligible under the laws administered by the Secretary, including by
ensuring that telehealth capabilities are available to--
``(1) such veterans;
``(2) case managers of the Department of programs for
homeless veterans authorized under this chapter; and
``(3) community-based service providers for homeless
veterans receiving funds from the Department through grants or
contracts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title, as amended by section 102(b), is further
amended by adding at the end the following new item:
``2070. Access to telehealth services.''.
TITLE II--MATTERS RELATING TO CAREGIVERS
SEC. 201. AUTHORIZED VIRTUAL VISITS UNDER CAREGIVER PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
On or before September 30, 2023, notwithstanding any requirement to
the contrary under section 1720G of title 38, United States Code, or
part 71 of title 38, Code of Federal Regulations, or successor
regulations, the Secretary of Veterans Affairs may complete any home
visit required under such section with respect to a veteran and their
caregiver through video conference or other available telehealth
modality, if agreed to by the veteran or caregiver.
TITLE III--STATE VETERANS HOMES
SEC. 301. STATE HOME DEFINED.
In this title, the term ``State home'' has the meaning given that
term in section 101(19) of title 38, United States Code.
SEC. 302. TEMPORARY WAIVER OF OCCUPANCY RATE REQUIREMENTS FOR RECEIPT
OF PER DIEM PAYMENTS.
During the period beginning on the date of the enactment of this
Act and ending on September 30, 2024, occupancy rate requirements for
State homes for purposes of receiving per diem payments set forth in
section 51.40(c) of title 38, Code of Federal Regulations, or successor
regulations, shall not apply.
SEC. 303. PROVISION OF MEDICINE, EQUIPMENT, AND SUPPLIES.
(a) In General.--The Secretary of Veterans Affairs may provide to
State homes medicines, personal protective equipment, medical supplies,
and any other equipment, supplies, and assistance available to the
Department of Veterans Affairs.
(b) Personal Protective Equipment Defined.--In this section, the
term ``personal protective equipment'' means any protective equipment
required to prevent the wearer from contracting an infectious disease,
including gloves, N-95 respirator masks, gowns, goggles, face shields,
or other equipment required for safety.
<all>
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118S1437 | Energy Security for Overseas Troops Act | [
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1437 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1437
To establish a partnership program to assist the military forces of
partner countries in developing and maintaining military-wide
transformational strategies for operational energy, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Duckworth introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish a partnership program to assist the military forces of
partner countries in developing and maintaining military-wide
transformational strategies for operational energy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security for Overseas Troops
Act''.
SEC. 2. ASSISTANCE FOR PARTNER COUNTRIES TO DEVELOP AND MAINTAIN
MILITARY-WIDE TRANSFORMATIONAL STRATEGIES FOR OPERATIONAL
ENERGY.
(a) Establishment.--
(1) In general.--Not later than January 1, 2025, the
Secretary of Defense shall establish a partnership program to
assist the military forces of partner countries in developing
and maintaining military-wide transformational strategies for
operational energy (in this section referred to as the
``Program'').
(2) Organization.--The Assistant Secretary of Defense for
Energy, Installations, and Environment, in consultation with
the Under Secretary of Defense for Policy, the Secretaries of
the military departments, the commanders of the combatant
commands, and any other individual the Secretary of Defense
considers appropriate, shall be responsible for, and shall
oversee, the Program.
(b) Objective.--The objective of the Program is to promote the
readiness of the United States Armed Forces and the military forces of
partner countries for missions in contested logistics environments by
reducing reliance on fossil fuels and employing more diverse and
renewable operational energy sources so as to enhance energy security,
energy resilience, and energy conservation, reduce logistical
vulnerabilities, and ensure that supply lines are resilient to climate
change, disruptions to energy supplies, and direct or indirect cyber
attacks.
(c) Activities.--
(1) In general.--Under the Program, the United States Armed
Forces and the military forces of each participating partner
country shall, in coordination--
(A) establish policies to improve warfighting
capability through energy security and energy
resilience;
(B) integrate efforts to mitigate mutual contested
logistics challenges through the reduction of
operational energy demand;
(C) identify and mitigate operational energy
challenges presented by any contested logistics
environment, including through developing innovative
delivery systems, distributed storage, flexible
contracting, and improved automation;
(D) assess and integrate, to the extent
practicable, any technology, including electric,
hydrogen, nuclear, biofuels, and any other sustainable
fuel technology or renewable energy technology, that
may reduce operational energy demand in the near term
or long term;
(E) assess and consider any infrastructure
investment of allied and partner countries that may
affect operational energy availability in the event of
a conflict with a near-peer adversary; and
(F) assess and integrate, to the extent
practicable--
(i) any technology that increases
sustainability and lowers emissions; and
(ii) any practice, technology or strategy
that reduces negative impacts on human health.
(2) Country considerations.--In carrying out any activity
under paragraph (1), to the extent practicable, the relevant
existing and past military conflicts and cultural practices of,
and beliefs prevalent in, the participating country shall be
taken into account.
(d) Strategy.--
(1) In general.--Not later than September 30, 2024, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
strategy for the implementation of the Program.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) A governance structure for the Program,
including--
(i) the officials tasked to oversee the
Program;
(ii) the format of the governing body of
the Program;
(iii) the functions and duties of such
governing body with respect to establishing and
maintaining the Program; and
(iv) mechanisms for coordinating with
partner countries selected to participate in
the Program.
(B) With respect to the selection of partner
countries initially selected to participate in the
Program--
(i) an identification of each such country;
(ii) the rationale for selecting each such
country, including a description of--
(I) the benefits to the military
forces of the partner country; and
(II) the benefits to the United
States Armed Forces of participation by
such country;
(iii) a description of any limitation on
the participation of a selected partner
country; and
(iv) any other information the Secretary of
Defense considers appropriate.
(C) A list of additional authorities,
appropriations, or other congressional support
necessary to ensure the success of the Program.
(D) A campaign of objectives for the first three
fiscal years of the Program, including--
(i) a description of, and a rationale for
selecting, such objectives;
(ii) an identification of milestones toward
achieving such objectives; and
(iii) metrics for evaluating success in
achieving such objectives.
(E) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(F) Any other information the Secretary of Defense
considers appropriate.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(e) Report.--
(1) In general.--Not later than September 20, 2025, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees (as defined in section 101
of title 10, United States Code) a report on the Program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A narrative summary of activities conducted as
part of the Program during the preceding fiscal year.
(B) Except in the case of the initial report, an
assessment of progress toward the objectives
established for the preceding fiscal year described in
the preceding report under this subsection using the
metrics established in such report.
(C) A campaign of objectives for the three fiscal
years following the date of submission of the report,
including--
(i) a description of, and a rationale for
selecting, such objectives;
(ii) an identification of milestones toward
achieving such objectives; and
(iii) metrics for evaluating success in
achieving such objectives.
(D) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(E) Any other information the Secretary of Defense
considers appropriate.
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(f) Termination.--The Program shall terminate on December 31, 2029.
(g) Contested Logistics Environment Defined.--In this section, the
term ``contested logistics environment'' means an environment in which
the United States Armed Forces or the military forces of a partner
country engage in conflict with an adversary that presents challenges
in all domains and directly targets logistics operations, facilities,
and activities in the United States, abroad, or in transit from one
location to the other.
<all>
</pre></body></html>
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118S1438 | Small Community Air Service Enhancement Act | [
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1438 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1438
To make improvements to the small community air service development
program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Mr. Tester (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To make improvements to the small community air service development
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 ``Small Community Air Service
Enhancement Act''.
SEC. 2. IMPROVEMENTS TO THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT
PROGRAM.
Section 41743 of title 49, United States Code, is amended--
(1) in subsection (c)(5)(E), by striking ``has been
terminated;'' and inserting the following: ``has been--
``(i) terminated; or
``(ii) significantly reduced (as measured
by enplanements, capacity (seats), schedule,
connections, or routes);''; and
(2) in subsection (e)--
(A) in paragraph (2), in the first sentence, by
striking ``$10,000,000 for each of fiscal years 2018
through 2023'' inserting ``$16,000,000 for each of
fiscal years 2024 through 2028''; and
(B) by adding at the end the following new
paragraph:
``(3) Requirement if funding available.--In any fiscal year
in which the amount available to the Secretary to make
agreements to provide assistance under this section exceeds
$5,000,000, the Secretary shall, subject to the total amount so
available, issue an order soliciting grant applications under
this section during that fiscal year.''.
<all>
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118S1439 | Quantum Sandbox for Near-Term Applications Act of 2023 | [
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1439 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1439
To amend the National Quantum Initiative Act to establish a public-
private partnership for near-term quantum application development and
acceleration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mrs. Blackburn (for herself and Mr. Lujan) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the National Quantum Initiative Act to establish a public-
private partnership for near-term quantum application development and
acceleration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quantum Sandbox for Near-Term
Applications Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The National Quantum Initiative and its ongoing
activities explore and promote Quantum Information Science.
(2) Continual innovation by the quantum industry of the
United States is critically important.
(3) Quantum and quantum-hybrid applications have the
ability to provide innovative solutions for near-term use cases
across a variety of public and private sector challenges.
(4) Many quantum computers are available via the cloud and
through a dedicated near-term quantum application acceleration
program that is inclusive of the wide variety of quantum
computing technologies will break down barriers to access
quantum computing hardware systems.
(5) Business and consumers of the United States will be
able to see benefits of the innovation through a program
focusing on near-term use of the technology.
(6) Quantum information science is a foundational
technology that is transforming the economy of the 21st
century.
(7) Robust leadership in quantum research and near-term
development will have a great impact on the economic security
of the United States.
(8) Unrivaled excellence in workforce development is key in
developing next generation leaders in quantum applications.
SEC. 3. PUBLIC-PRIVATE PARTNERSHIP FOR QUANTUM APPLICATION DEVELOPMENT
ACCELERATION.
(a) In General.--Title IV of the National Quantum Initiative Act
(15 U.S.C. 8851 et seq.) is amended by adding at the end the following:
``SEC. 405. PUBLIC-PRIVATE PARTNERSHIP FOR QUANTUM APPLICATION
DEVELOPMENT ACCELERATION.
``(a) Definitions.--In this section:
``(1) Quantum applications.--The term `quantum
applications' means algorithms and applications which use
quantum mechanics through quantum processing units. These
applications include quantum computing, quantum communication,
quantum sensing, and quantum-hybrid applications which are
applications that use both quantum computing and classical
computing hardware systems.
``(2) Quantum sandbox.--The term `quantum sandbox' means a
program--
``(A) for innovation and development of
applications using quantum information sciences with a
focus on near-term use cases; and
``(B) that can be used to develop and test
demonstrations, proofs of concepts, and pilot
applications.
``(3) Near-term use case.--The term `near-term use case'
means an application that can be developed and deployed in less
than 24 months.
``(b) Establishment of Quantum Sandbox Required.--The Secretary of
Commerce shall, in coordination with the Director of the National
Institute of Standards and Technology, establish a quantum sandbox
through the establishment of a public-private partnership focused on
quantum application development acceleration for quantum application
near-term use cases.
``(c) Engagement.--As part of the Program and in carrying out
subsection (b), the Secretary shall, acting through the Director of the
National Institute of Standards and Technology, engage with the Quantum
Economic Development Consortium, the National Laboratories (as defined
in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)),
federally funded research and development centers, and other members of
the United States quantum computing and quantum information
ecosystem.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding after the item relating to section 404
the following new item:
``Sec. 405. Public-private partnership for quantum application
development acceleration.''.
<all>
</pre></body></html>
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118S144 | No Chinese Communist SURPRISE Parties Act | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] | <p><strong>No Chinese Communist Subterfuge via Unregistered Regime Presence Rendered Invisible to Shareholders and Equivalent Parties Act or the No Chinese Communist SURPRISE Parties Act </strong></p> <p>This bill requires issuers of securities to annually disclose whether the issuer has established or maintained an organization of the Chinese Communist Party, if an organization of the Chinese Communist Party has participated in the operations of the issuer, and whether the issuer's board of directors (1) owes a fiduciary duty to the issuer and shareholders, and (2) is subject to heightened scrutiny with respect to conflicted controller transactions. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 144 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 144
To require issuers filing annual reports with the Securities and
Exchange Commission to disclose whether the issuers have connections
with the Chinese Communist Party, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Rubio (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require issuers filing annual reports with the Securities and
Exchange Commission to disclose whether the issuers have connections
with the Chinese Communist Party, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Chinese Communist Subterfuge via
Unregistered Regime Presence Rendered Invisible to Shareholders and
Equivalent Parties Act'' or the ``No Chinese Communist SURPRISE Parties
Act''.
SEC. 2. REPORTING REQUIREMENT.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``covered issuer'' means an issuer, including
a foreign private issuer, that is required to file annual
reports with the Commission under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a));
(3) the term ``issuer'' has the meaning given the term in
section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a));
(4) the term ``joint venture partner'', with respect to a
covered issuer, means--
(A) a joint venture in which the covered issuer, or
a subsidiary with respect to the covered issuer, is a
party; or
(B) any other person that is a party in a joint
venture described in subparagraph (A); and
(5) the term ``subsidiary'', with respect to a covered
issuer, means a wholly or partially owned subsidiary of the
covered issuer.
(b) Requirement.--Each covered issuer, in each annual report that
the covered issuer files with the Commission (beginning with the second
annual report that the covered issuer files with the Commission after
the date of enactment of this Act), shall--
(1) disclose whether the covered issuer, or any subsidiary
or joint venture partner with respect to the covered issuer,
has established or maintained an organization of the Chinese
Communist Party during the period covered by the report;
(2) if an organization of the Chinese Communist Party has
participated in the operations of the covered issuer, or of any
subsidiary or joint venture partner with respect to the covered
issuer, during the period covered by the report, summarize that
participation; and
(3) disclose whether the board of directors of the covered
issuer (or the equivalent body with respect to the covered
issuer), under the laws of the jurisdiction in which the
covered issuer is incorporated or otherwise organized--
(A) owes a fiduciary duty to the covered issuer and
shareholders of the covered issuer; and
(B) is subject to heightened scrutiny with respect
to conflicted controller transactions.
(c) Updates to Rules.--Not later than 1 year after the date of
enactment of this Act, the Commission shall make any updates to the
rules of the Commission that are necessary as a result of this section.
<all>
</pre></body></html>
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118S1440 | Transit to Trails Act | [
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],
[
"V000128",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1440 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1440
To establish a program to award grants to entities that provide
transportation connectors from critically underserved communities to
green spaces, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Booker (for himself, Mr. Markey, Mr. Padilla, Mr. Merkley, Mr. Van
Hollen, Mr. Sanders, Mr. Wyden, Ms. Duckworth, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish a program to award grants to entities that provide
transportation connectors from critically underserved communities to
green spaces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transit to Trails Act''.
SEC. 2. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(2) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the
Secretary that the community has inadequate,
insufficient, or no park space or recreation
facilities, including by demonstrating--
(i) quality concerns relating to the
available park space or recreation facilities;
(ii) the presence of recreational
facilities that do not serve the needs of the
community; or
(iii) the inequitable distribution of park
space for high-need populations, based on
income, age, or other measures of vulnerability
and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2\ mile of park
space;
(C) an environmental justice community; or
(D) any other community that the Secretary
determines to be appropriate.
(3) Designated service area.--The term ``designated service
area'' means a geographical area recommended by a designated
official planning agency that defines the community in which
coordinated transportation services are provided to the
transportation disadvantaged.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State (including a
city or a county) that represents or otherwise serves
an urban area or a rural area;
(C) a special purpose district (including a park
district);
(D) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) that represents or otherwise serves
an urban area or a rural area; or
(E) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code).
(5) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities that
experiences, or is at risk of experiencing, a disproportionate
burden of adverse human health or environmental effects.
(6) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(7) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(8) Rural area.--The term ``rural area'' means a community
that is not an urban area.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) Transportation connector.--
(A) In general.--The term ``transportation
connector'' means a system that--
(i) connects 2 ZIP Codes or communities
within a 175-mile radius of a designated
service area; and
(ii) offers rides available to the public.
(B) Inclusions.--The term ``transportation
connector'' includes microtransit, bus lines, bus
rails, light rail, rapid transit, and personal rapid
transit.
(11) Urban area.--The term ``urban area'' means a community
that--
(A) is densely developed;
(B) has residential, commercial, and other
nonresidential areas; and
(C)(i) is an urbanized area with a population of
50,000 or more; or
(ii) is an urban cluster with a population of--
(I) not less than 2,500; and
(II) not more than 50,000.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors
or routes in or serving, and related culturally and
linguistically appropriate education materials for,
critically underserved communities to increase access
and mobility to Federal or non-Federal public land,
waters, parkland, or monuments; or
(B) projects that facilitate transportation
improvements to enhance access to Federal or non-
Federal public land and recreational opportunities in
critically underserved communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the
program to assist eligible entities in the development
of transportation connectors or routes in or serving,
and related culturally and linguistically appropriate
education materials for, critically underserved
communities and Federal or non-Federal public land,
waters, parkland, and monuments.
(B) Joint partnerships.--The Secretary shall
encourage joint partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission
of project proposals for grants from
eligible entities under the program;
and
(II) review each project proposal
submitted under subclause (I) on a
timeline established by the Secretary.
(ii) Required elements for project
proposal.--A project proposal submitted under
clause (i)(I) shall include--
(I) a statement of the purposes of
the project;
(II) the name of the entity or
individual with overall responsibility
for the project;
(III) a description of the
qualifications of the entity or
individuals identified under subclause
(II);
(IV) a description of--
(aa) staffing and
stakeholder engagement for the
project;
(bb) the logistics of the
project; and
(cc) anticipated outcomes
of the project;
(V) a proposed budget for the funds
and time required to complete the
project;
(VI) information regarding the
source and amount of matching funding
available for the project;
(VII) information that demonstrates
the clear potential of the project to
contribute to increased access to
parkland for critically underserved
communities; and
(VIII) any other information that
the Secretary considers to be necessary
for evaluating the eligibility of the
project for funding under the program.
(D) Priority.--To the extent practicable, in
determining whether to approve project proposals under
the program, the Secretary shall prioritize projects
that--
(i) are designed to increase access and
mobility to local or neighborhood Federal or
non-Federal public land, waters, parkland,
monuments, or recreational opportunities;
(ii) use low- or no-emission vehicles;
(iii) provide free or discounted rates for
low-income riders;
(iv) provide opportunities for youth
engagement;
(v) provide employment preference to
individuals who reside in the community in
which the project is located;
(vi) are established in communities of
color, low-income communities, Tribal or
indigenous communities, or rural areas;
(vii) would capitalize on existing
established public-private partnerships; and
(viii) comply with applicable provisions of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(3) Transportation planning procedures.--
(A) Procedures.--In consultation with the head of
each appropriate Federal land management agency, the
Secretary shall develop, by rule, transportation
planning procedures for projects conducted under the
program that are consistent with metropolitan and
statewide planning processes.
(B) Requirements.--In carrying out the program, the
Secretary shall ensure the following:
(i) All projects carried out under the
program shall comply with sections 5303 and
5304 of title 49, United States Code.
(ii) All new transportation connectors and
routes established under a project carried out
under the program shall be accessible in
accordance with the accessibility
specifications for transportation vehicles
under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(iii) State department of transportation
agencies shall engage with relevant
stakeholders consistent with subsections (f)(3)
and (g)(3) of section 5304 of title 49, United
States Code, and metropolitan planning
organizations shall engage with relevant
stakeholders consistent with subsections
(g)(3)(B), (i)(5), and (i)(6) of section 5303
of that title, in addition to faith-based and
community-based organizations.
(iv) Except as otherwise provided under
this section, a grant provided under this
section shall be subject to the requirements of
section 5307 of title 49, United States Code.
(4) Non-federal contributions.--
(A) In general.--The Federal share of the cost of
an eligible project provided a grant under the program
shall not exceed 80 percent.
(B) Non-federal share.--The non-Federal share of
the cost of an eligible project provided a grant under
the program may be in the form of in-kind
contributions.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes
in or serving, and related culturally and
linguistically appropriate education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
waters, parkland, and monuments; and
(B) to create or significantly enhance access to
Federal or non-Federal public land and recreational
opportunities in an urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be in an amount that is--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds to
areas of greatest need while offering technical assistance to
all applicants and potential applicants for grant preparation
to encourage full participation in the program.
(8) Public information.--The Secretary shall ensure that
current schedules and routes for transportation systems
developed with funds from a grant under the program are
available to the public, including on a website maintained by
the eligible entity.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require an eligible entity that receives a grant under the
program to submit to the Secretary not less than 1 performance
and financial report that--
(A) includes--
(i) demographic data on communities served
by the project; and
(ii) a summary of project activities
conducted after receiving the grant; and
(B) describes the status of each project funded by
the grant as of the date of the report.
(2) Additional reports.--In addition to the report under
paragraph (1), the Secretary may require additional reports
from an eligible entity that receives a grant under the
program, as the Secretary determines to be appropriate,
including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $10,000,000 for each of the first and second fiscal
years that begin after the date of enactment of this Act;
(2) $20,000,000 for each of the third and fourth fiscal
years that begin after that date; and
(3) $40,000,000 for the fifth fiscal year that begins after
that date.
<all>
</pre></body></html>
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118S1441 | Accelerating Biomedical Innovation Act | [
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"sponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1441 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1441
To establish a Center for Biomedical Innovation and Development in
order to accelerate innovation and development of advanced medical
countermeasure products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Cornyn (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a Center for Biomedical Innovation and Development in
order to accelerate innovation and development of advanced medical
countermeasure products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Biomedical Innovation
Act''.
SEC. 2. CENTER FOR BIOMEDICAL INNOVATION AND DEVELOPMENT PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 319L-1 the following:
``SEC. 319L-2. CENTER FOR BIOMEDICAL INNOVATION AND DEVELOPMENT
PROGRAM.
``(a) Establishment of Consortium.--Not later than 1 year after the
date of enactment of this section, the Secretary shall establish a
consortium of not fewer than 3 institutions of higher education (as
defined in section 101 of the Higher Education Act), to accelerate
innovation and development of advanced medical countermeasure products,
including biological products and devices, selected by the Biomedical
Advanced Research and Development Agency (referred to in this section
as `BARDA'). Such consortium shall be known as the Center for
Biomedical Innovation and Development (referred to in this section as
the `Center').
``(b) Selection of Participating Institutions.--In selecting
institutions of higher education to participate in the Center under
subsection (a), the Secretary shall--
``(1) select eligible institutions that have--
``(A) expertise and capabilities in current good
manufacturing practices, as defined in part 117 of
title 21 Code of Federal Regulations (or successor
regulations);
``(B) experience in technology innovation,
including advanced manufacturing technologies, that may
assist in countermeasure and advanced research and
development;
``(C) facilities with flexible and adaptable
advanced process development capabilities; and
``(D) other relevant qualifications, as determined
by the Secretary;
``(2) select at least one institution with the capability
to handle secure and classified information, as appropriate;
and
``(3) prioritize institutions most likely to aid in the
advancement and innovation of the medical countermeasure
products, the manufacturing processes for such products, and
the execution and design of clinical trials.
``(c) Center Activities.--The Center established under subsection
(a) shall assist public and private entities in accelerating
nonclinical research discoveries with respect to medical
countermeasures through advanced development and clinical trials. The
activities of the Center may include--
``(1) advanced process development and pilot manufacturing
to support clinical trials;
``(2) technical assistance;
``(3) contract award management;
``(4) referral and coordination with potential
manufacturing partners;
``(5) regulatory assistance;
``(6) technology transfer; and
``(7) program management.
``(d) Eligible Products.--A drug or device (including a combination
of one or more drugs or devices) is eligible for consideration and
referral by the Director of BARDA to the Center if such drug or device
incorporates a novel technology, or uses an established technique or
technology in a novel way, that will substantially--
``(1) further development of a drug or device of interest;
``(2) fulfil an unmet need; or
``(3) develop the manufacturing process for a drug or
device.
``(e) International Coordination.--The Director of BARDA, in
collaboration with the Assistant Secretary for Global Affairs and the
Center established under subsection (a), shall coordinate, as
appropriate, with international partners to enhance global health
security by encouraging other initiatives, similar to the program
described in subsection (a), under which international advanced
development networks support an expanded worldwide strategy for
vaccine, drug, device, and other countermeasure research, development,
and manufacturing.''.
<all>
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118S1442 | Scaling Community Lenders Act of 2023 | [
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"sponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1442 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1442
To amend the Community Development Banking and Financial Institutions
Act of 1994 to adjust for inflation the maximum amount of assistance
provided by the Community Development Financial Institutions Fund, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Warner (for himself and Mr. Crapo) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Community Development Banking and Financial Institutions
Act of 1994 to adjust for inflation the maximum amount of assistance
provided by the Community Development Financial Institutions 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 ``Scaling Community Lenders Act of
2023''.
SEC. 2. CAPITALIZATION ASSISTANCE TO ENHANCE LIQUIDITY.
(a) In General.--Section 113 of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4712) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Assistance.--
``(1) In general.--The Fund may provide funds to
organizations for the purpose of--
``(A) purchasing loans, loan participations, or
interests therein from community development financial
institutions;
``(B) providing guarantees, loan loss reserves, or
other forms of credit enhancement to promote liquidity
for community development financial institutions; and
``(C) otherwise enhancing the liquidity of
community development financial institutions.
``(2) Construction of federal government funds.--For
purposes of this subsection, notwithstanding section 105(a)(9)
of the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(9)), funds provided pursuant to such Act shall be
considered to be Federal Government funds.'';
(2) by striking subsection (b) and inserting the following:
``(b) Selection.--
``(1) In general.--The selection of organizations to
receive assistance and the amount of assistance to be provided
to any organization under this section shall be at the
discretion of the Fund and in accordance with criteria
established by the Fund.
``(2) Eligibility.--Organizations eligible to receive
assistance under this section--
``(A) shall have a primary purpose of promoting
community development; and
``(B) are not required to be community development
financial institutions.
``(3) Prioritization.--For the purpose of making an award
of funds under this section, the Fund shall prioritize the
selection of organizations that--
``(A) demonstrate relevant experience or an ability
to carry out the activities under this section,
including experience leading or participating in loan
purchase structures or purchasing or participating in
the purchase of, assigning, or otherwise transferring,
assets from community development financial
institutions;
``(B) demonstrate the capacity to increase the
number or dollar volume of loan originations or expand
the products or services of community development
financial institutions, including by leveraging the
award with private capital; and
``(C) will use the funds to support community
development financial institutions that represent broad
geographic coverage or that serve borrowers that have
experienced significant unmet capital or financial
services needs.'';
(3) in subsection (c), in the first sentence--
(A) by striking ``$5,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``during any 3-year period''; and
(4) by adding at the end the following:
``(g) Regulations.--The Secretary may promulgate such regulations
as may be necessary or appropriate to carry out the authorities or
purposes of this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $100,000,000 to carry out this section,
including to carry out a study on the options to increase community
development financial institution liquidity and secondary market
opportunities.''.
(b) Emergency Capital Investment Funds.--Section 104A of the
Community Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4703a) is amended by striking subsection (l) and inserting
the following:
``(l) Deposit of Funds.--All funds received by the Secretary in
connection with purchases made pursuant this section, including
interest payments, dividend payments, and proceeds from the sale of any
financial instrument, shall be deposited into the Fund and used--
``(1) to provide financial assistance to organizations
pursuant to section 113; and
``(2) to provide financial and technical assistance
pursuant to section 108, except that subsection (e) of that
section shall be waived.''.
(c) Annual Reports.--
(1) Definitions.--In this subsection, the terms ``community
development financial institution'' and ``Fund'' have the
meanings given the terms in section 103 of the Community
Development Banking and Financial Institutions Act of 1994 (12
U.S.C. 4702).
(2) Requirements.--Not later than 1 year after the date on
which assistance is first provided under section 113 of the
Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4712) pursuant to the amendments made by
subsection (a) of this section, and annually thereafter through
2028, the Secretary of the Treasury shall submit to Congress a
written report describing the use of the Fund for the 1-year
period preceding the submission of the report for the purposes
described in subsection (a)(1) of such section 113, as amended
by subsection (a) of this section, which shall include, with
respect to the period covered by the report--
(A) the total amount of--
(i) loans, loan participations, and
interests therein purchased from community
development financial institutions; and
(ii) guarantees, loan loss reserves, and
other forms of credit enhancement provided to
community development financial institutions;
(B) the effect of the purchases and guarantees made
by the Fund on the overall competitiveness of community
development financial institutions; and
(C) the impact of the purchases and guarantees made
by the Fund on the liquidity of community development
financial institutions.
<all>
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118S1443 | Protecting the Border from Unmanned Aircraft Systems Act | [
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1443 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1443
To require an interagency strategy for creating a unified posture on
counter-unmanned aircraft systems (C-UAS) capabilities and protections
at international borders of the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Lankford (for himself and Ms. Sinema) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require an interagency strategy for creating a unified posture on
counter-unmanned aircraft systems (C-UAS) capabilities and protections
at international borders of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Border from Unmanned
Aircraft Systems Act''.
SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNIFIED POSTURE ON COUNTER-
UNMANNED AIRCRAFT SYSTEMS CAPABILITIES AND PROTECTIONS AT
INTERNATIONAL BORDERS OF THE UNITED STATES.
(a) Definitions.-- In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Appropriations of the Senate;
(F) the Committee on Foreign Relations of the
Senate;
(G) the Select Committee on Intelligence of the
Senate;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Transportation and
Infrastructure of the House of Representatives;
(K) the Committee on Energy and Commerce of the
House of Representatives;
(L) the Committee on Foreign Affairs of the House
of Representatives;
(M) the Permanent Select Committee on Intelligence
of the House of Representatives;
(N) the Committee on Armed Services of the House of
Representatives; and
(O) the Committee on Appropriations of the House of
Representatives.
(2) Covered facility or asset.--The term ``covered facility
or asset'' has the meaning given such term in section
210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C.
124n(k)(3)).
(3) C-UAS.--The term ``C-UAS'' means counter-unmanned
aircraft system.
(4) National airspace system; nas.--The terms ``National
Airspace System'' and ``NAS'' have the meaning given such terms
in section 245.5 of title 32, Code of Federal Regulations.
(5) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Attorney General, the Administrator of the
Federal Aviation Administration, the Secretary of State, the Secretary
of Energy, the Director of National Intelligence, and the Secretary of
Defense to develop a strategy for creating a unified posture on C-UAS
capabilities and protections at--
(1) covered facilities or assets along international
borders of the United States; and
(2) any other border-adjacent facilities or assets at which
such capabilities maybe utilized under Federal law.
(c) Elements.--The strategy required to be developed under
subsection (b) shall include the following elements:
(1) An examination of C-UAS capabilities at covered
facilities or assets along the border, or such other border-
adjacent facilities or assets at which such capabilities may be
utilized under Federal law, and their usage to detect or
mitigate credible threats to homeland security, including the
facilitation of illicit activities, or for other purposes
authorized by law.
(2) An examination of efforts to protect privacy and civil
liberties in the context of C-UAS operations, including with
respect to impacts on border communities and protections of the
First and Fourth Amendments to the United States Constitution.
(3) An examination of unmanned aircraft system tactics,
techniques, and procedures being used in the border environment
by malign actors to include how unmanned aircraft systems are
acquired, modified, and utilized to conduct malicious activity
such, as attacks, surveillance, conveyance of contraband, or
other forms of threats.
(4) An assessment of the C-UAS systems necessary to
identify illicit activity and protect against the threats from
unmanned aircraft systems at international borders of the
United States, including the availability, feasibility, and
interoperatbility of C-UAS.
(5) A description of the training required or recommended
at international borders of the United States, including how
such training--
(A) fits into broader training standards and norms;
and
(B) relates to the protection of privacy and civil
liberties.
(6) Recommendations for additional authorities and
resources to protect against illicit unmanned aircraft systems,
including systems that may be necessary to detect illicit
activity and mitigate credible threats along international
borders of the United States.
(7) An assessment of interagency research and development
efforts, including the potential for expanding such efforts.
(d) Submission to Congress.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Attorney General, the Administrator of the
Federal Aviation Administration, the Secretary of State, Secretary of
Energy, the Director of National Intelligence, and the Secretary of
Defense, shall submit the strategy developed pursuant to subsection (b)
to the appropriate congressional committees.
(e) Reports to Congress.--
(1) Annual report.--Not later than 2 years after the date
of the enactment of this Act, and annually thereafter for the
following 7 years, the Secretary of Homeland Security, in
coordination with the Attorney General, the Administrator of
the Federal Aviation Administration, the Secretary of State,
Secretary of Energy, the Director of National Intelligence, and
the Secretary of Defense, shall submit to the appropriate
congressional committees a report, which may include a
classified annex, that describes--
(A) the resources that are necessary to carry out
the strategy developed pursuant to subsection (b); and
(B) any significant developments relating to the
elements described in subsection (c).
(2) Congressional briefings.--Beginning not later than 1
year after the date of the enactment of this Act, the Secretary
of Homeland Security shall include the elements regarding C-UAS
described in paragraph (1) in the semiannual briefings to the
appropriate congressional committees required under section
210G(g) of the Homeland Security Act of 2002 (6 U.S.C.
124n(g)).
<all>
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118S1444 | Border Patrol Enhancement Act | [
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1444 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1444
To increase the pay and enhance the training of United States Border
Patrol agents, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Lankford (for himself and Ms. Sinema) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To increase the pay and enhance the training of United States Border
Patrol agents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Patrol Enhancement Act''.
SEC. 2. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES BORDER PATROL.
(a) Definitions.--In this section:
(1) Qualified research entity.--The term ``qualified
research entity'' means an independent, not-for-profit,
federally funded research entity with appropriate expertise and
analytical capability to analyze and validate the personnel
requirements determination model.
(2) Validated personnel requirements determination model.--
The term ``validated personnel requirements determination
model'' means a determination of the number of United States
Border Patrol agents needed to meet the critical mission
requirements of the United States Border Patrol to maintain an
orderly process for migrants entering the United States, that
has been validated by a qualified research entity pursuant to
subsection (d).
(b) In General.--The authorized personnel level for United States
Border Patrol agents on the date of the enactment of this Act is
20,500.
(c) United States Border Patrol Personnel Requirements
Determination Model.--
(1) Completion; notice.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner shall
complete a personnel requirements determination model for
United States Border Patrol that builds on the 5-year United
States Border Patrol staffing and deployment plan referred to
on page 33 of House of Representatives Report 112-91 (May 26,
2011) and submit a notice of completion to--
(A) the appropriate congressional committees;
(B) the Director of the Office of Personnel
Management; and
(C) the Comptroller General of the United States.
(2) Certification.--Not later than 30 days after the
completion of the personnel requirements determination model
described in paragraph (1), the Commissioner shall submit a
copy of such model and a strategy for obtaining third-party
validation of such model, to--
(A) the appropriate congressional committees;
(B) the Office of Personnel Management; and
(C) the Comptroller General of the United States.
(d) Independent Study of Personnel Requirements Determination
Model.--
(1) Requirement for study.--Not later than 90 days after
the completion of the personnel requirements determination
model pursuant to subsection (c)(1), the Secretary of Homeland
Security shall enter into a contract with a qualified research
entity to conduct a study that analyzes the validity of the
model.
(2) Reports.--
(A) To secretary.--Not later than 1 year after the
completion of the personnel requirements determination
model under subsection (c)(1), the qualified research
entity shall submit a report to the Secretary of
Homeland Security that includes--
(i) the results of the study required under
paragraph (1); and
(ii) any recommendations regarding the
model that the qualified research entity
considers to be appropriate.
(B) To congress.--Not later than 30 days after
receiving the report described in subparagraph (A), the
Secretary of Homeland Security shall submit such
report, along with any additional views or
recommendations regarding the personnel requirements
determination model, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
(e) Authority To Adjust Authorized Personnel Level.--Beginning on
the date that is 180 days after receiving a report pursuant to
subsection (d)(2) that validates the personnel requirements
determination model, the Secretary of Homeland Security may adjust the
authorized personnel level for the United States Border Patrol to a
level that does not exceed the level recommended by the validated
personnel requirements determination model.
SEC. 3. ESTABLISHMENT OF HIGHER MINIMUM RATES OF PAY FOR UNITED STATES
BORDER PATROL AGENTS.
(a) Higher Minimum Rate of Pay.--Not later than January 1, 2023,
the Director of the Office of Personnel Management--
(1) shall, in accordance with section 5305 of title 5,
United States Code--
(A) increase the minimum rate of pay for United
States Border Patrol agents at the grade GS-12 of the
General Schedule by not less than 14 percent; and
(B) increase other grades or levels, occupational
groups, series, classes, or subdivisions thereof, as
determined by the Secretary of Homeland Security; and
(2) may make increases in all rates in the pay range for
each such grade or level, in accordance with such section 5305.
(b) Inapplicability.--The discretion granted to agency heads under
section 5305(a)(2) of title 5, United States Code, shall not apply to
increase in rates of pay authorized under subsection (a).
SEC. 4. CONTINUING TRAINING.
(a) In General.--The Commissioner shall require all United States
Border Patrol agents and other employees or contracted employees
designated by the Commissioner, to participate in annual continuing
training to maintain and update their understanding of--
(1) Department of Homeland Security policies, procedures,
and guidelines;
(2) the fundamentals of law, ethics, and professional
conduct;
(3) applicable Federal law and regulations;
(4) precedential legal rulings, including Federal Circuit
Court and United States Supreme Court opinions relating to the
duty of care and treatment of persons in the custody of the
United States Border Patrol that the Commissioner determines
are relevant to active duty agents;
(5) applicable migration trends that the Commissioner
determines are relevant;
(6) best practices for coordinating with community
stakeholders; and
(7) any other information that the Commissioner determines
to be relevant to active duty agents.
(b) Training Subjects.--Continuing training under this subsection
shall include training regarding--
(1) non-lethal use of force policies available to United
States Border Patrol agents and de-escalation strategies and
methods;
(2) identifying, screening, and responding to vulnerable
populations, such as children, persons with diminished mental
capacity, victims of human trafficking, pregnant mothers,
victims of gender-based violence, victims of torture or abuse,
and the acutely ill;
(3) trends in transnational criminal organization
activities that impact border security and migration;
(4) policies, strategies, and programs--
(A) to protect due process, the civil, human, and
privacy rights of individuals, and the private property
rights of land owners;
(B) to reduce the number of migrant and agent
deaths; and
(C) to improve the safety of agents on patrol;
(5) personal resilience;
(6) anti-corruption and officer ethics training;
(7) current migration trends, including updated cultural
and societal issues of nations that are a significant source of
migrants who are--
(A) arriving at a United States port of entry to
seek humanitarian protection; or
(B) encountered at a United States international
boundary while attempting to enter without inspection;
(8) the impact of border security operations on natural
resources and the environment, including strategies to limit
the impact of border security operations on natural resources
and the environment;
(9) relevant cultural, societal, racial, and religious
training, including cross-cultural communication skills;
(10) training authorized under the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15601 et seq.);
(11) risk management and safety training that includes
agency protocols for ensuring public safety, personal safety,
and the safety of persons in the custody of the Department of
Homeland Security;
(12) non-lethal, self-defense training; and
(13) any other training that meets the requirements to
maintain and update the subjects identified in subsection (a).
(c) Course Requirements.--Courses offered under this section--
(1) shall be administered by the United States Border
Patrol, in consultation with the Federal Law Enforcement
Training Center; and
(2) shall be approved in advance by the Commissioner of
U.S. Customs and Border Protection to ensure that such courses
satisfy the requirements for training under this section.
(d) Assessment.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives that assesses the training and
education provided pursuant to this section, including continuing
education.
(e) Frequency Requirements.--Training offered as part of continuing
education under this section shall include--
(1) annual courses focusing on the curriculum described in
paragraphs (1) through (6) of subsection (b); and
(2) biannual courses focusing on curriculum described in
paragraphs (7) through (12) of subsection (b).
<all>
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118S1445 | Stand Your Ground Act of 2023 | [
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"sponsor"
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[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1445 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1445
To amend title 18, United States Code, to provide an affirmative
defense for certain criminal violations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Mullin introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide an affirmative
defense for certain criminal violations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stand Your Ground Act of 2023''.
SEC. 2. CERTAIN AFFIRMATIVE DEFENSES.
(a) Affirmative Defense.--
(1) In general.--Chapter 1 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 28. Affirmative defense for certain criminal violations
``(a) Definition.--In this section, the term `forcible felony'
includes treason, murder, manslaughter, sexual battery, carjacking,
home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated
assault, aggravated battery, aggravated stalking, aircraft piracy,
unlawful throwing, placing, or discharging of a destructive device or
bomb, and any other felony which involves the use or threat of physical
force or violence against any individual.
``(b) Use or Threatened Use of Non-Deadly Force in Defense of
Person.--
``(1) In general.--It shall be an affirmative defense to a
prosecution under this title that the defendant used,
threatened to use, or attempted to use force, except deadly
force, against an aggressor if, and to the extent that, the
defendant reasonably believed that the use, threat to use, or
attempt to use such force was necessary to defend the defendant
or another individual against the imminent use of unlawful
force by the aggressor.
``(2) No duty to retreat.--For purposes of paragraph (1),
an individual who is at risk of becoming a victim of a forcible
felony shall not be required to first seek retreat as the
preferred alternative to using force to act in self-defense.
``(c) Use or Threatened Use of Deadly Force in Defense of Person.--
``(1) In general.--It shall be an affirmative defense to a
prosecution under this title that the defendant used,
threatened to use, or attempted to use deadly force against an
aggressor if the defendant reasonably believed that the use,
threat to use, or attempt to use such force was necessary to--
``(A) prevent imminent death or great bodily harm
to the defendant or another individual; or
``(B) prevent the imminent commission of a forcible
felony.
``(2) No duty to retreat; right to stand your ground.--For
purposes of paragraph (1), an individual who is at risk of
becoming a victim of a forcible felony--
``(A) shall not be required to first seek retreat
as the preferred alternative to using force to act in
self-defense; and
``(B) may use any means necessary to defend himself
or herself if the individual--
``(i) is not engaged in criminal activity;
and
``(ii) is in a place where the individual
has a right to be.
``(d) Burden of Proof.--The defendant has the burden of proving a
defense under this section by a preponderance of the evidence.''.
(2) Table of sections.--The table of sections for chapter 1
of title 18, United States Code, is amended by adding at the
end the following:
``28. Affirmative defense for certain criminal violations.''.
(b) Effective Date; Applicability.--The amendments made by
subsection (a) shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any prosecution commenced after the date of
enactment of this Act.
<all>
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118S1446 | Nurse Corps Tax Parity Act of 2023 | [
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
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"Sen. Murray, Patty [D-WA]",
"cosponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"S000033",
"S... | <p> <strong>Nurse Corps Tax Parity Act of 2023 </strong></p> <p>This bill excludes from taxpayer gross income, for income tax purposes, amounts attributable to Nurse Corps scholarships and loan repayment programs.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1446 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1446
To amend the Internal Revenue Code of 1986 to exclude certain Nurse
Corps payments from gross income.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Merkley (for himself, Mr. Wicker, Mrs. Murray, Mr. Boozman, Mr.
Sanders, Mr. Whitehouse, Ms. Stabenow, Mr. Welch, Ms. Klobuchar, Mr.
Kelly, and Mrs. Gillibrand) 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 exclude certain Nurse
Corps payments from gross income.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Corps Tax Parity Act of
2023''.
SEC. 2. TAX TREATMENT OF CERTAIN NURSE CORPS PAYMENTS.
(a) In General.--Paragraph (4) of section 108(f) of the Internal
Revenue Code of 1986 is amended by striking ``338B(g)'' and inserting
``338B(g) or 846''.
(b) Qualified Scholarships.--Subparagraph (A) of section 117(c)(2)
of the Internal Revenue Code of 1986 is amended by striking ``the
Public Health Service Act'' and inserting ``the Public Health Service
Act or the scholarship program under section 846 of such Act''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after the date of
the enactment of this Act.
<all>
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118S1447 | Bipartisan Solution to Cyclical Violence Act of 2023 | [
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1447
To amend the Public Health Service Act to establish a grant program
supporting trauma center violence intervention and violence prevention
programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Cardin (for himself 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 amend the Public Health Service Act to establish a grant program
supporting trauma center violence intervention and violence prevention
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 ``Bipartisan Solution to Cyclical
Violence Act of 2023''.
SEC. 2. GRANT PROGRAM SUPPORTING TRAUMA CENTER VIOLENCE INTERVENTION
AND VIOLENCE PREVENTION PROGRAMS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-8. GRANT PROGRAM SUPPORTING TRAUMA CENTER VIOLENCE
INTERVENTION AND VIOLENCE PREVENTION PROGRAMS.
``(a) Authority Established.--
``(1) In general.--The Secretary shall award grants to
eligible entities to establish or expand violence intervention
or prevention programs for services and research designed to
reduce the incidence of reinjury and reincarceration caused by
intentional violent trauma, excluding intimate partner
violence.
``(2) First award.--Not later than 9 months after the date
of enactment of this section, the Secretary shall make the
first award under paragraph (1).
``(3) Grant duration.--Each grant awarded under paragraph
(1) shall be for a period of 3 years.
``(4) Grant amount.--The total amount of each grant awarded
under paragraph (1) for the 3-year grant period shall be not
less than $250,000 and not more than $500,000.
``(5) Supplement not supplant.--A grant awarded under
paragraph (1) to an eligible entity with an existing program
described in paragraph (1) shall be used to supplement, and not
supplant, any other funds provided to such entity for such
program.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a)(1), an entity shall--
``(1) either be--
``(A) a State-designated trauma center, or a trauma
center verified by the American College of Surgeons,
that conducts or seeks to conduct a violence
intervention or violence prevention program; or
``(B) a nonprofit entity that conducts or seeks to
conduct a program described in subparagraph (A) in
cooperation with a trauma center described in such
subparagraph;
``(2) serve a community in which at least 100 incidents of
intentional violent trauma occur annually; and
``(3) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Selection of Grant Recipients.--
``(1) Geographic diversity.--In selecting grant recipients
under subsection (a)(1), the Secretary shall ensure that,
collectively, grantees represent a diversity of geographic
areas.
``(2) Priority.--In selecting grant recipients under
subsection (a)(1), the Secretary shall prioritize applicants
that serve one or more communities with high absolute numbers
or high rates of intentional violent trauma.
``(3) Health professional shortage areas.--
``(A) Encouragement.--The Secretary shall encourage
entities described in paragraphs (1) and (2) that are
located in or serve a health professional shortage area
to apply for grants under subsection (a)(1).
``(B) Definition.--In subparagraph (A), the term
`health professional shortage area' means a health
professional shortage area designated under section
332.
``(d) Reports.--
``(1) Reports to secretary.--
``(A) In general.--An entity that receives a grant
under subsection (a)(1) shall submit reports on the use
of the grant funds to the Secretary, including progress
reports, as required by the Secretary. Such reports
shall include--
``(i) any findings of the program
established, or expanded, by the entity through
the grant; and
``(ii) if applicable, the manner in which
the entity has incorporated such findings in
the violence intervention or violence
prevention program conducted by such entity.
``(B) Option for joint report.--To the extent
feasible and appropriate, an entity that receives a
grant under subsection (a)(1) may elect to coordinate
with one or more other entities that have received such
a grant to submit a joint report that meets the
requirements of subparagraph (A).
``(2) Report to congress.--Not later than 6 years after the
date of enactment of the Bipartisan Solution to Cyclical
Violence Act of 2023, the Secretary shall submit to Congress a
report--
``(A) on any findings resulting from reports
submitted to the Secretary under paragraph (1);
``(B) on best practices developed by the Secretary
under subsection (e); and
``(C) with recommendations for legislative action
relating to intentional violent trauma prevention that
the Secretary determines appropriate.
``(e) Best Practices.--Not later than 6 years after the date of
enactment of the Bipartisan Solution to Cyclical Violence Act of 2023,
the Secretary shall--
``(1) develop, and post on a public website of the
Department of Health and Human Services, best practices for
intentional violent trauma prevention, based on any findings
reported to the Secretary under subsection (d)(1); and
``(2) disseminate such best practices to stakeholders, as
determined appropriate by the Secretary.
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for the period of
fiscal years 2024 through 2027.''.
<all>
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118S1448 | Grandfamily Housing Act of 2023 | [
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"sponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1448
To provide grants to owners of intergenerational dwelling units, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Casey (for himself, Mr. Brown, and Ms. Collins) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide grants to owners of intergenerational dwelling units, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited to as the ``Grandfamily Housing Act of
2023''.
SEC. 2. GRANT PROGRAM FOR GRANDFAMILY HOUSING.
(a) In General.--Title II of the LEGACY Act of 2003 (12 U.S.C.
1790q note) is amended by adding at the end the following:
``SEC. 206. GRANT PROGRAM.
``(a) In General.--The Secretary shall, not later than 180 days
after the date of enactment of this section, establish a program to
provide grants to owners of intergenerational dwelling units.
``(b) Application.--To be eligible to receive a grant under this
section, an owner of an intergenerational dwelling unit shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(c) Use of Grant Amounts.--An owner of an intergenerational
dwelling unit that receives a grant under this section shall use
amounts provided to cover costs associated with--
``(1) employing a service coordinator to--
``(A) offer onsite services to intergenerational
families, including tutoring, health care services,
afterschool care, and activities that are age
appropriate for children of various ages of
development; and
``(B) coordinate with any local kinship navigator
program (as described in section 474(a)(7) of the
Social Security Act (42 U.S.C. 674(a)(7)));
``(2) facilitating outreach to intergenerational families
as described in subsection (d);
``(3) planning and providing services to intergenerational
families; and
``(4) retrofitting and maintaining existing spaces within
the property that contains the intergenerational dwelling unit
for the services and programs provided to intergenerational
families.
``(d) Outreach.--
``(1) In general.--An owner of an intergenerational
dwelling unit that receives a grant under this section shall
engage with intergenerational families in the community
surrounding the property that contains the grandfamily housing
owned by the grant recipient by--
``(A) performing periodic informational outreach;
and
``(B) planning and offering events for
intergenerational families.
``(2) Coordination.--Outreach under this subsection shall,
where possible, be in coordination with a local kinship
navigator program (as described in section 474(a)(7) of the
Social Security Act (42 U.S.C. 674(a)(7))) or a comparable
program or entity in the State in which the intergenerational
dwelling unit is located.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section for each of fiscal years 2024 through 2028.
``(f) Nondiscrimination.--The program established under this
section shall be implemented by the Secretary in a manner that is
consistent with the Fair Housing Act (42 U.S.C. 3601 et seq.).''.
(b) VAWA Protections.--Section 41411(a)(3) of the Violence Against
Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended--
(1) by redesignating subparagraphs (O) and (P) as
subparagraphs (P) and (Q), respectively; and
(2) by inserting after subparagraph (N) the following:
``(O) the program established under section 206 of
the LEGACY Act of 2003;''.
(c) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary of Housing and Urban Development shall
submit to the Congress a report that--
(1) describes the effectiveness of the grant program
established under section 206 of the LEGACY Act of 2003, as
added by subsection (a); and
(2) makes recommendations for legislative changes that
could allow for the grant program to be more effective.
<all>
</pre></body></html>
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118S1449 | RESTART Act | [
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[
"R0006... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1449 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1449
To improve the environmental review process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mrs. Capito (for herself, Mr. Barrasso, Mr. Cramer, Ms. Lummis, Mr.
Ricketts, Mr. Boozman, Mr. Wicker, Mr. Sullivan, Mr. Graham, and Mr.
Risch) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To improve the environmental review process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing the Economy by
Simplifying Timelines and Assuring Regulatory Transparency Act'' or the
``RESTART Act''.
SEC. 2. MODERNIZING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) Existing NEPA Requirements.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the requirements
of this Act and except as provided by any other
provision of law,'' before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) a reasonable number of alternatives
to the major Federal action and effects of
those alternatives, including an analysis of
any negative effects of not implementing the
major Federal action in the case of a no action
alternative;
``(ii) the relationship between local
short-term uses of the human environment and
the maintenance and enhancement of long-term
productivity; and
``(iii) any irreversible and irretrievable
commitments of Federal resources that would be
involved in the major Federal action if the
action is implemented.''; and
(C) in the undesignated matter following clause
(iii) (as so amended), in the second sentence, by
striking ``the responsible Federal official'' and
inserting ``the head of the Federal lead agency'';
(4) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``official, if:'' and inserting ``official if--'';
(B) in each of clauses (i) and (ii), by striking
the comma at the end and inserting a semicolon;
(C) in clause (iii), by striking ``, and'' and
inserting ``; and''; and
(D) in clause (iv), by striking the period at the
end and inserting a semicolon;
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (F) through (K), respectively;
(6) by inserting after the undesignated matter following
subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in
an environmental document;
``(E) make use of reliable existing data and
resources in carrying out this Act;'';
(7) by striking subparagraph (G) (as so redesignated) and
inserting the following:
``(G) consistent with the requirements of this Act,
study, develop, and describe technically feasible
alternatives in the jurisdiction and authority of the
Federal agency;''; and
(8) in subparagraph (H) (as so redesignated), by inserting
``consistent with the requirements of this Act,'' before
``recognize''.
(b) Definitions.--The National Environmental Policy Act of 1969 is
amended by inserting after section 2 (42 U.S.C. 4321) the following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Alternative.--The term `alternative' means an agency
action, other than a proposed agency action, that--
``(A) is technically and economically feasible;
``(B) is within the jurisdiction of the Federal
agency;
``(C) meets the purpose and need of the proposed
agency action; and
``(D) meets the goals of the project sponsor.
``(2) Authorization.--
``(A) In general.--Except as provided in
subparagraph (B), the term `authorization' means any
license, permit, approval, finding, determination, or
other administrative decision issued by a Federal
agency that is required or authorized under Federal law
to implement a proposed agency action.
``(B) Programmatic or planning actions.--The term
`authorization', with respect to a proposed agency
action that is a programmatic or planning action, does
not include a site-specific decision that is intended
to implement that action at a later date.
``(3) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined, according to procedures established by the
Federal agency, do not normally have a significant effect on
the human environment.
``(4) Cooperating agency.--The term `cooperating agency'
means any Federal agency or State, Tribal, or local agency that
has been designated as a cooperating agency under section
111(a)(4).
``(5) Council.--The term `Council' means the Council on
Environmental Quality.
``(6) Effects.--
``(A) In general.--The term `effects' means changes
to the human environment as a result of a proposed
agency action or an alternative, as applicable, to be
carried out by a Federal agency that--
``(i) are reasonably foreseeable, including
changes that may occur not later than 10 years
after the date on which the lead agency begins
preparing an environmental document in an area
directly affected by the proposed agency action
or alternative, as applicable, such that an
individual of ordinary prudence would take such
occurrence into account in reaching a decision;
and
``(ii) have a proximate causal relationship
to the proposed agency action or an
alternative, as applicable.
``(B) Requirement.--For purposes of subparagraph
(A)(ii), a `but for' causal relationship is
insufficient to establish a proximate causal
relationship.
``(7) Environmental assessment.--The term `environmental
assessment' means a concise public document prepared by a
Federal agency to determine whether to prepare an environmental
impact statement or a finding of no significant impact for a
proposed agency action.
``(8) Environmental document.--The term `environmental
document' includes an environmental assessment, a finding of no
significant impact, a notice of intent, and an environmental
impact statement.
``(9) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required to be prepared for a major Federal action
significantly affecting the quality of the human environment in
accordance with title I.
``(10) Environmental review.--The term `environmental
review' means the process of preparing, for a proposed agency
action in accordance with this Act, an environmental impact
statement, an environmental assessment, a categorical
exclusion, a finding of no significant impact, or a record of
decision.
``(11) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(12) Finding of no significant impact.--The term `finding
of no significant impact' means a document prepared by a
Federal agency briefly presenting the reasons why a proposed
agency action, not subject to a categorical exclusion--
``(A) will not have a significant effect on the
human environment; and
``(B) will not have an environmental impact
statement prepared for the action.
``(13) Involved federal agency.--The term `involved Federal
agency' means a Federal agency that, with respect to a proposed
agency action--
``(A) proposed the action; or
``(B) is involved in the action because the action
is directly related, through functional interdependence
or geographic proximity, to an action the Federal
agency has taken or has proposed to take.
``(14) Lead agency.--The term `lead agency' means the
agency or agencies, in the case of joint lead agencies,
preparing or having taken primary responsibility for carrying
out any requirements relating to an environmental review for a
proposed agency action pursuant to this Act.
``(15) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the Federal agency carrying out
the action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusions.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
Federal land;
``(ii) funding assistance solely in the
form of general revenue sharing funds that do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of those funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the effect of the action;
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to sections 305 and 311 through 319 of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1925, 1941-1949);
``(v) business loan guarantees provided by
the Small Business Administration pursuant to
subsection (a) or (b) of section 7 of the Small
Business Act (15 U.S.C. 636), or title V of the
Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.);
``(vi) bringing judicial or administrative
civil or criminal enforcement actions; or
``(vii) extraterritorial activities or
decisions, including agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States.
``(C) Determination.--An agency action may not be
determined to be a major Federal action solely on the
basis of--
``(i) an interstate effect of the action or
related project; or
``(ii) the provision of Federal funds for
the action or related project.
``(16) Notice of intent.--The term `notice of intent' means
a public notice that a Federal agency intends to prepare and
consider an environmental impact statement for a proposed
agency action.
``(17) Page.--The term `page' means a page that contains
not more than 500 words, not including any explanatory maps,
diagrams, graphs, tables, or other means of graphically
displaying quantitative or geospatial information.
``(18) Project sponsor.--The term `project sponsor' means
the agency or other entity, including any private or public-
private entity, that seeks an authorization for a proposed
agency action.
``(19) Proposed agency action.--The term `proposed agency
action' means an action at a stage when a Federal agency--
``(A) has a goal;
``(B) is actively preparing to make a decision on 1
or more alternatives to accomplish that goal; and
``(C) can meaningfully evaluate the effects of the
action.
``(20) Special expertise.--The term `special expertise',
with respect to a proposed agency action, means--
``(A) having statutory responsibility;
``(B) that the proposed agency action aligns with
the mission of a Federal agency; or
``(C) having related program experience relating to
that proposed agency action.''.
(c) Procedure for Determination of Level of Review.--Title I of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is
amended by adding at the end the following:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--A Federal agency shall not be
required to prepare an environmental document with respect to a
proposed agency action if--
``(1) the proposed agency action is not a final agency
action (within the meaning of chapter 5 of title 5, United
States Code);
``(2) the proposed agency action is covered by a
categorical exclusion established by the agency, a Federal
agency, or any other provision of law;
``(3) the preparation of an environmental document would
clearly and fundamentally conflict with the requirements of
another provision of law;
``(4) the proposed agency action is, in whole or in part, a
nondiscretionary action with respect to which the agency does
not have authority to take environmental factors into
consideration in determining whether to carry out the proposed
action;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which the
compliance of the agency with the requirements of another law
serves the same or similar function as the requirements of this
Act with respect to the action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--Pursuant to section
102(2)(C), a Federal agency shall issue an environmental impact
statement with respect to a major Federal action that has a
significant effect on the quality of the human environment.
``(2) Environmental assessment.--
``(A) In general.--A Federal agency shall prepare
an environmental assessment with respect to a proposed
agency action--
``(i) that is not likely to have a
significant effect on the quality of the human
environment; or
``(ii) for which the significance of the
effect on the quality of the human environment
is unknown.
``(B) Requirement.--An environmental assessment
prepared under subparagraph (A) shall be a concise
public document prepared by a Federal agency that
briefly provides evidence and analysis for determining
whether to prepare an environmental impact statement or
a finding of no significant impact.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) shall not be required to carry out new
scientific or technical research.''.
(d) Environmental Impact Statement Requirements.--
(1) In general.--Title I of the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by
subsection (c)) is amended by adding at the end the following:
``SEC. 107. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.
``(a) Statement of Purpose and Need.--
``(1) In general.--Subject to paragraph (2), an
environmental impact statement shall briefly specify--
``(A) the underlying purpose and need to which a
Federal agency is responding; and
``(B) the major Federal action, at least 1
alternative, and the effects of the major Federal
action and any alternative.
``(2) Statutory authority.--When the statutory duty of a
Federal agency is to review an application for a proposed
agency action, the Federal agency shall base the purpose and
need to which the Federal agency is responding on the goals of
the project sponsor and the authority of the Federal agency.
``(b) Cover Sheet.--The cover sheet for an environmental impact
statement shall include a statement of the estimated total cost of
preparing the environmental impact statement, including the costs of
Federal agency full-time equivalent personnel hours, contractor costs,
and other direct costs.
``(c) Page Limits.--
``(1) In general.--Except as provided in paragraph (2), an
environmental impact statement for a major Federal action shall
not exceed 150 pages.
``(2) Unusual complexity.--An environmental impact
statement for a major Federal action of unusual complexity, as
determined by the applicable Federal agency, shall not exceed
300 pages.
``(d) Timeline for Preparing an Environmental Impact Statement.--
``(1) In general.--Not later than 2 years after the date on
which a Federal agency issues a notice of intent for a major
Federal action, the Federal agency shall publish in the Federal
Register the final environmental impact statement or notice of
availability of the final environmental impact statement for
the major Federal action.
``(2) Failure to act.--
``(A) In general.--If a Federal agency fails to
publish a final environmental impact statement or
notice of availability of the final environmental
impact statement in accordance with the timeline
described in paragraph (1), and the timeline has not
been extended in accordance with paragraph (3), the
requirements of this title shall be deemed to have been
fulfilled for the major Federal action.
``(B) No judicial review.--A major Federal action
deemed to fulfill the requirements of this title under
subparagraph (A) shall not be subject to judicial
review under this title or subchapter II of chapter 5,
and chapter 7, of title 5, United States Code (commonly
known as the `Administrative Procedure Act').
``(3) Extension.--The timeline established under paragraph
(1) may only be extended if--
``(A) the extension is requested, in writing, by
the project sponsor; and
``(B) the applicable Federal agency concurs, in
writing, with the extension.
``(e) Specificity of Comments and Information.--
``(1) Request for public comment.--A notice of availability
of a draft environmental impact statement or draft
environmental impact statement published in the Federal
Register shall include a request for public comment, within a
comment period provided by the applicable Federal agency, on--
``(A) the applicable major Federal action, at least
1 alternative to the major Federal action, and the
effects of each; and
``(B) relevant information, studies, or analyses
with respect to the applicable major Federal action.
``(2) Comments on draft environmental impact statements.--
Comments and objections relating to a draft environmental
impact statement for a major Federal action shall be raised
within a comment period provided by the applicable Federal
agency, as described in paragraph (1).
``(3) Unexhausted and forfeited comments.--Comments and
objections not provided within a comment period described in
paragraph (1)--
``(A) shall be considered unexhausted and
forfeited; and
``(B) shall not be grounds for judicial review.
``(f) Record of Decision.--Each record of decision prepared for a
final environmental impact statement by a Federal agency for a major
Federal action shall--
``(1) contain a statement certifying that the Federal
agency considered at least 1 alternative and information and
analyses relating to the major Federal action submitted during
the process of carrying out the requirements of this title; and
``(2) be issued not later than 90 days after the date on
which the Federal agency publishes the final environmental
impact statement or notice of availability of the final
environmental impact statement in the Federal Register.
``(g) Deadline for Issuance of Authorizations.--
``(1) Environmental impact statements.--For a major Federal
action for which a record of decision described in subsection
(f) is prepared, all authorizations required under any other
Federal law associated with the record of decision shall be
issued not later than 90 days after the date on which the
Federal agency publishes the final record of decision or notice
of availability of the record of decision for the major Federal
action in the Federal Register.
``(2) Deemed fulfilled.--For a major Federal action deemed
to have fulfilled the requirements of this title under
subsection (d)(2)(A), all authorizations required under any
other Federal law shall be issued not later than 90 days after
the date on which the requirements were deemed to have been
fulfilled under that subsection.''.
(2) Conforming amendments.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) (as
amended by subsection (a)) is amended--
(A) in subparagraph (C)--
(i) in the matter preceding clause (i), by
striking ``a detailed statement'' and inserting
``an environmental impact statement''; and
(ii) in the undesignated matter following
clause (iii), in the first sentence, by
striking ``Prior to making any detailed
statement'' and inserting ``Prior to preparing
an environmental impact statement''; and
(B) in subparagraph (F)--
(i) in the matter preceding clause (i), by
striking ``detailed statement'' and inserting
``environmental impact statement''; and
(ii) in clause (iv), by striking ``detailed
statement'' and inserting ``environmental
impact statement''.
(e) Environmental Assessment Requirements.--Title I of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended
by subsection (d)(1)) is amended by adding at the end the following:
``SEC. 108. ENVIRONMENTAL ASSESSMENT REQUIREMENTS.
``(a) Statement of Purpose and Need.--
``(1) In general.--Subject to paragraph (2), an
environmental assessment shall briefly specify--
``(A) the underlying purpose and need to which a
Federal agency is responding; and
``(B) the proposed agency action and the effects of
the proposed agency action.
``(2) Statutory authority.--When the statutory duty of a
Federal agency is to review an application for a proposed
agency action, the Federal agency shall base the purpose and
need to which the Federal agency is responding on the goals of
the project sponsor and the authority of the Federal agency.
``(b) Time Limit for Preparing and Environmental Assessment.--
``(1) In general.--Not later than 1 year after the date on
which a Federal agency decides to prepare an environmental
assessment for a proposed agency action, the Federal agency
shall publish in the Federal Register--
``(A) a notice of availability of the environmental
assessment; and
``(B) the associated finding of no significant
impact or notice of availability of the associated
finding of no significant impact or notice of intent,
as applicable.
``(2) Failure to act.--
``(A) In general.--If a Federal agency fails to
publish a notice of availability of the environmental
assessment and associated finding of no significant
impact or notice of intent, as applicable, in
accordance with the timeline described in paragraph
(1), and the timeline has not been extended in
accordance with paragraph (3), the proposed agency
action shall be deemed to have no significant impacts
and the requirements of this title shall be deemed to
have been fulfilled for that proposed agency action.
``(B) No judicial review.--A proposed agency action
deemed to have no significant impacts and to fulfill
the requirements of this title under subparagraph (A)
shall not be subject to judicial review under this
title or subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act').
``(3) Extension.--The timeline established under paragraph
(1) may only be extended if--
``(A) the extension is requested, in writing, by
the project sponsor; and
``(B) the Federal agency concurs, in writing, with
the extension.
``(4) Deadline for issuance of authorizations.--
``(A) Materials published.--For a proposed agency
action for which the materials described in
subparagraphs (A) and (B) of paragraph (1) were
published in the Federal Register, all authorizations
required under any other Federal law shall be issued
not later than 90 days after the date on which those
materials were published.
``(B) Deemed to have no significant impacts.--For a
proposed agency action that is deemed to have no
significant impacts and for which the requirements of
this title are deemed to have been fulfilled under
paragraph (2)(A), all authorizations required under any
other Federal law shall be issued not later than 90
days after the date on which the proposed agency action
was so deemed under that paragraph.
``(c) Page Limits.--An environmental assessment shall not exceed 75
pages, unless otherwise approved and established, in writing, by the
head of the lead agency.''.
(f) Adoption of Categorical Exclusions.--Title I of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended
by subsection (e)) is amended by adding at the end the following:
``SEC. 110. ADOPTION OF CATEGORICAL EXCLUSIONS.
``A categorical exclusion established by a Federal agency for a
category of proposed agency actions shall be adopted by all other
Federal agencies and applied to any proposed agency action that is
within the category of proposed agency actions for which the
categorical exclusion was established.''.
(g) Efficient Reviews.--Title I of the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection
(f)) is amended by adding at the end the following:
``SEC. 111. EFFICIENT REVIEWS.
``(a) Designation of Lead Agency.--
``(1) In general.--If there are 2 or more involved Federal
agencies that have authority with respect to a proposed agency
action, the involved Federal agencies shall determine, by
letter or memorandum, which Federal agency shall be the Federal
lead agency based on consideration of the following factors:
``(A) Magnitude of the involvement of each Federal
agency.
``(B) Special expertise concerning the effects of
the proposed agency action.
``(C) Duration of the involvement of each Federal
agency.
``(2) Joint lead agencies.--
``(A) In general.--In making a determination under
paragraph (1), the involved Federal agencies may
appoint State, Tribal, or local agencies as joint lead
agencies, as determined appropriate by the involved
Federal agencies.
``(B) Roles.--Joint lead agencies shall jointly
fulfill the role described in paragraph (3).
``(3) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to the proposed agency
action, there is more than 1 involved Federal agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency with jurisdiction by law or with
special expertise;
``(D) develop a schedule with concurrent reviews,
in consultation with each involved Federal agency, the
project sponsor, and such other entities as the lead
agency determines appropriate, for completion of any
environmental review or authorization relating to the
proposed agency action;
``(E) if the lead agency determines that an
authorization will not be completed in accordance with
the schedule developed under subparagraph (D), notify
the Federal agency responsible for issuing the
authorization and request that the agency take such
measures as the agency determines appropriate to comply
with the schedule; and
``(F) meet with a cooperating agency that requests
a meeting.
``(4) Cooperating agency.--
``(A) Designation.--The lead agency may, with
respect to a proposed agency action, designate any
involved Federal agency or a State, Tribal, or local
agency as a cooperating agency.
``(B) Submission of comments.--A cooperating agency
may, not later than a date specified by the lead
agency, submit comments to the lead agency, which shall
be limited to matters relating to the proposed agency
action with respect to which the cooperating agency has
special expertise or jurisdiction by law with respect
to an environmental issue.
``(5) Request for designation of a federal lead agency.--
``(A) In general.--A project sponsor or any Federal
agency or State, Tribal, or local agency that is
substantially affected by the lack of a designation of
a lead agency with respect to a proposed agency action
under paragraph (1) may submit a written request for
such a designation to each involved Federal agency.
``(B) Submission.--An agency that receives a
request under subparagraph (A) shall submit the request
to each involved Federal agency and the Council.
``(6) Council designation of a federal lead agency.--
``(A) Request.--
``(i) In general.--Not earlier than 45 days
after the date on which a request is submitted
under paragraph (5), if no designation has been
made under paragraph (1), the project sponsor
or a Federal agency or State, Tribal, or local
agency that is substantially affected by the
lack of a designation of a lead agency may
request that the Council designate a Federal
lead agency.
``(ii) Requirements.--A request made under
clause (i) shall include--
``(I) a precise description of the
nature and extent of the proposed
agency action; and
``(II) a detailed statement with
respect to each involved Federal agency
and each factor described in
subparagraphs (A) through (D) of
paragraph (1) with respect to which
Federal agency should serve as the
Federal lead agency.
``(B) Submission.--The Council shall submit a
request received under subparagraph (A) to each
involved Federal agency.
``(C) Response.--An involved Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the
Council a response to the request.
``(D) Designation.--Not later than 40 days after
the date on which an agency or a project sponsor
submits a request under subparagraph (A)(i), the
Council shall designate the Federal lead agency with
respect to the applicable proposed agency action.
``(b) Single Environmental Document and Joint Record of Decision.--
``(1) In general.--Except as provided in paragraph (4), all
authorizations relating to a proposed agency action shall rely
on a single environmental document and joint record of decision
for each kind of environmental document and joint record of
decision prepared under this title under the leadership of a
lead agency.
``(2) Use of environmental document and record of
decision.--
``(A) In general.--The lead agency shall develop
environmental documents and records of decision
sufficient to satisfy the requirements for any
authorization or other action required for or related
to a proposed agency action, including authorizations
by other Federal agencies.
``(B) Cooperation of involved federal agencies.--
Involved Federal agencies shall--
``(i) cooperate with the lead agency; and
``(ii) provide timely information to assist
the lead agency in carrying out the
requirements of this subsection.
``(3) Treatment as involved federal agencies.--A Federal
agency with responsibility to issue an authorization or take an
action for or related to a proposed agency action shall work
with the lead agency to ensure that the agency issuing the
authorization or taking the action is treated as an involved
Federal agency for the action.
``(4) Exceptions.--The lead agency may waive the
requirements of paragraph (1) with respect to a proposed agency
action if--
``(A) the project sponsor requests that agencies
issue separate environmental documents; or
``(B) the obligations of a cooperating agency or
other involved Federal agency under this title have
already been satisfied with respect to the proposed
agency action.
``(c) Scope of Review.--In developing an environmental document for
a proposed agency action, the lead agency and any other involved
Federal agencies shall only consider the effects of the proposed agency
action that--
``(1) occur on Federal land; or
``(2) are subject to Federal control and responsibility.
``(d) Project Sponsor Preparation.--
``(1) In general.--A lead agency shall allow a project
sponsor to prepare an environmental document for a proposed
agency action on request of the project sponsor.
``(2) Guidance.--A lead agency may provide a project
sponsor that elects to prepare an environmental document under
paragraph (1) with appropriate guidance and assistance in the
preparation of that environmental document.
``(3) Independent verification.--A lead agency shall--
``(A) independently evaluate the environmental
document prepared by a project sponsor under paragraph
(1); and
``(B) take responsibility for the contents of the
environmental document on adoption.''.
(h) Judicial Review.--Title I of the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection (g)) is
amended by adding at the end the following:
``SEC. 112. JUDICIAL REVIEW.
``(a) Definition of Covered Cause of Action.--In this section, the
term `covered cause of action' means a cause of action that--
``(1) is filed on or after the date of enactment of this
section; and
``(2) seeks judicial review--
``(A) of a record of decision or finding of no
significant impact based on a claim that an
environmental review was improperly conducted or an
environmental document is invalid under subchapter II
of chapter 5, and chapter 7, of title 5, United States
Code (commonly known as the `Administrative Procedure
Act'); or
``(B) under Federal law of an authorization issued
under section 107(g) or 108(b)(4).
``(b) Termination of Cause of Action.--
``(1) Definitions.--In this subsection:
``(A) Fully constructed.--The term `fully
constructed', with respect to a project or activity,
means that construction of the project or activity was
completed--
``(i) on the date of enactment of this
section; or
``(ii) at some point during the 180-day
period preceding that date of enactment.
``(B) Operational.--The term `operational', with
respect to a project or activity, means that the
project or activity is in operation in some form,
including test mode--
``(i) on the date of enactment of this
section; or
``(ii) at some point during the 180-day
period preceding that date of enactment.
``(2) Termination.--Any claim (including any claim pending
in a court on the date of enactment of this section) that seeks
judicial review of a record of decision or finding of no
significant impact based on an objection that an environmental
review was improperly conducted, and any claim that seeks
judicial review of an environmental document as invalid under
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the `Administrative Procedure
Act'), shall be moot and barred on the date of enactment of
this section if--
``(A) a record of decision or finding of no
significant impact has been issued by a Federal agency
at the time at which the project or activity began; and
``(B) the project or activity for which the record
of decision or finding of no significant impact was
issued is fully constructed or operational.
``(c) Deadline for Filing.--
``(1) In general.--Notwithstanding any other provision of
Federal law, a covered cause of action shall be filed by the
date that is 60 days after--
``(A) the date on which the lead agency publishes
in the Federal Register the record of decision or
notice of availability of the record of decision, in
the case of an environmental review resulting in a
final environmental impact statement;
``(B) the date on which the Federal lead agency
publishes in the Federal Register a finding of no
significant impact or notice of availability of the
finding of no significant impact, in the case of an
environmental review resulting in a finding of no
significant impact; or
``(C) the date on which a Federal agency issues an
authorization, in the case of an authorization issued
under section 107(g) or 108(b)(4).
``(2) Prohibition.--A covered cause of action that is not
filed by the deadline described in paragraph (1) shall be
barred.
``(d) Deadline for Resolution.--A district court of the United
States shall render a final judgment on a covered cause of action--
``(1) as expeditiously as practicable; and
``(2) not later than the date that is 180 days after the
date on which the covered cause of action is filed.
``(e) Appellate Review.--A court of appeals of the United States
shall render final judgment on a covered cause of action subject to its
original jurisdiction or an interlocutory order or final judgment,
decree, or order of a district court of the United States in a covered
cause of action--
``(1) as expeditiously as practicable; and
``(2) not later than the date that is 180 days after the
date on which the applicable interlocutory order or final
judgment, decree, or order of the district court was issued.
``(f) Remanded Actions.--
``(1) In general.--If a court of competent jurisdiction
remands a record of decision, a finding of no significant
impact, or an authorization under this title to a Federal
agency, the court shall set a reasonable schedule and deadline
for the Federal agency to act on remand, which shall not exceed
180 days from the date on which the order of the court was
issued.
``(2) Expedited treatment of remanded actions.--The head of
the Federal agency to which a court remands a record of
decision, a finding of no significant impact, or an
authorization under paragraph (1) shall take such actions as
may be necessary to provide for the expeditious disposition of
the action on remand in accordance with the schedule and
deadline set by the court under that paragraph.
``(g) Random Assignment of Cases.--To the maximum extent
practicable, district courts of the United States and courts of appeals
of the United States shall randomly assign cases seeking judicial
review in a covered cause of action to judges appointed, designated, or
assigned to sit as judges of the court in a manner to avoid the
appearance of favoritism or bias.
``(h) Effect.--Nothing in this section--
``(1) establishes a right to judicial review; or
``(2) places any limit on filing a claim that a person has
violated the terms of an authorization.
``(i) Application of Categorical Exclusions Not Subject to Judicial
Review.--Notwithstanding any other provision of law, the application of
a categorical exclusion to a final agency action by a Federal agency
shall not be subject to judicial review under this title or subchapter
II of chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the `Administrative Procedure Act').
``(j) Treatment of Supplemental or Revised Environmental Documents
and Records of Decision.--For purposes of a covered cause of action--
``(1) a supplemental or revised environmental document or
record of decision for a proposed agency action, when required,
shall be considered to be a separate environmental document or
record of decision; and
``(2) the deadline for filing a claim for judicial review
of an environmental document or record of decision described in
paragraph (1) shall be the date that is 60 days after the date
of publication in the Federal Register of a notice of
availability of the environmental document or record of
decision, unless a shorter time is specified in the Federal law
pursuant to which judicial review is authorized.''.
SEC. 3. CLEAN WATER ACT PERMITTING AND STATE CERTIFICATION.
(a) In General.--Section 401 of the Federal Water Pollution Control
Act (33 U.S.C. 1341) is amended--
(1) in subsection (d), by striking ``(d) Any
certification'' and inserting the following:
``(e) Limitations and Monitoring Requirements of Certification.--
Any certification'';
(2) in subsection (c), by striking ``(c) In order'' and
inserting the following:
``(d) Authority of Secretary of the Army To Permit Use of Spoil
Disposal Areas by Federal Licensees or Permittees.--In order'';
(3) in subsection (b), by striking ``(b) Nothing'' and
inserting the following:
``(c) Compliance With Other Provisions of Law Setting Applicable
Water Quality Requirements.--Nothing'';
(4) by striking the heading and section designation and all
that follows through ``may be.'' at the end of subsection
(a)(1) and inserting the following:
``SEC. 401. CERTIFICATION.
``(a) Definition of Water Quality Requirements.--In this section,
the term `water quality requirements' means--
``(1) the applicable provisions of sections 301, 302, 303,
306, and 307; and
``(2) any applicable State or Tribal regulatory
requirements for point source discharges into waters of the
United States.
``(b) State Certifications.--
``(1) Certification required.--
``(A) Definitions.--In this paragraph:
``(i) Certification application.--The term
`certification application' means a request
from an applicant for a certification described
in subparagraph (B).
``(ii) Certifying authority.--The term
`certifying authority', with respect to a
certification application, means, as
applicable--
``(I) the State or interstate
agency to which the certification
application was submitted; or
``(II) if no State or interstate
agency has the authority to provide the
certification described in subparagraph
(B), the Administrator.
``(B) Compliance with limitations.--
``(i) Certification source.--
``(I) In general.--Any applicant
for a Federal license or permit to
conduct an activity, including the
construction or operation of
facilities, that may result in a
discharge from a point source into the
waters of the United States shall
provide to the Federal licensing or
permitting agency a certification from
the State in which the discharge
originates or will originate or, if
appropriate, the interstate water
pollution control agency with
jurisdiction over the waters of the
United States at the point where the
discharge originates or will originate
that the discharge will comply with
water quality requirements.
``(II) Certification by
administrator.--If no State or
interstate water pollution control
agency has the authority to give a
certification described in subclause
(I), the Administrator is authorized to
provide the certification to the
Federal licensing or permitting agency.
``(ii) Certification of no limitation and
standard.--
``(I) In general.--In the case of
any discharge described in clause (i)
for which there is not an applicable
effluent limitation or other limitation
under sections 301(b) and 302 and for
which there is not an applicable
standard under sections 306 and 307,
the certifying authority shall so
certify.
``(II) Effect.--A certification
under subclause (I) does not satisfy
section 511(c).
``(iii) Certification required.--
``(I) Activity prohibited until
certification.--Activity for which a
certification is required under this
subparagraph may not begin until the
certification has been obtained, unless
the requirement for the certification
has been waived in accordance with this
paragraph.
``(II) Effect of denial.--If a
certifying authority denies a
certification application, the Federal
license or permit for which the
certification application was made may
not be granted.
``(iv) Scope of certification.--The scope
of a certification provided under this section
shall be limited to ensuring that a discharge
from a federally licensed or permitted activity
complies with water quality requirements.
``(C) Required procedures.--
``(i) Notice and hearings.--Each certifying
authority shall establish procedures for--
``(I) public notice in the case of
all certification applications;
``(II) to the extent the certifying
authority determines to be appropriate,
public hearings in connection with
specific certification applications;
and
``(III) a prefiling meeting as
described in clause (ii).
``(ii) Prefiling meeting.--
``(I) Request.--Before submitting a
certification application, the
prospective applicant may request a
prefiling meeting with the certifying
authority--
``(aa) to ensure that the
certifying authority receives
early notification of projects
for which a certification under
subparagraph (B) is necessary;
and
``(bb) to discuss
informational needs with the
certifying authority before
submitting the application.
``(II) Response required.--If a
prospective applicant requests a
prefiling meeting with a certifying
authority pursuant to subclause (I),
the certifying authority shall--
``(aa) respond to the
request not later than 30 days
after the date on which the
request is received; and
``(bb) hold the prefiling
meeting with the prospective
applicant not later than 60
days after the date on which
the request is received.
``(iii) Denials of certification.--
``(I) Individual licenses and
permits.--If a certifying authority
denies a certification application for
an individual license or permit, the
certifying authority is authorized to
provide to the applicable Federal
licensing or permitting agency--
``(aa) the specific water
quality requirements with which
the discharge will not comply;
``(bb) a statement
explaining why the discharge
will not comply with the
identified water quality
requirements; and
``(cc) if the denial is due
to insufficient information, a
description of the specific
water quality data or
information, if any, that would
be needed to ensure that the
discharge from the proposed
project will comply with water
quality requirements.
``(II) General licenses or
permits.--If a certifying authority
denies a certification application for
a general license or permit, the
certifying authority shall provide to
the applicable Federal licensing or
permitting agency--
``(aa) the specific water
quality requirements with which
discharges that could be
authorized by the general
license or permit will not
comply;
``(bb) a statement
explaining why discharges that
could be authorized by the
general license or permit will
not comply with the identified
water quality requirements; and
``(cc) if the denial is due
to insufficient information, a
description of the specific
water quality data or
information, if any, that would
be needed to assure that the
range of discharges that could
be authorized by the general
license or permit from
potential projects will comply
with water quality
requirements.
``(D) Review period.--
``(i) In general.--Subject to clause (iii),
a licensing or permitting agency shall,
categorically or on a case-by-case basis for
each certification application, establish a
reasonable period of time (not to exceed 1 year
from the date of receipt of the certification
application) within which a certifying
authority shall issue a final action on the
certification application.
``(ii) Failure to act.--If a certifying
authority fails or refuses to issue a final
action as described in subparagraph (F) on a
certification application by the end of the
reasonable period of time established under
clause (i) and the reasonable period of time
has not been extended in accordance with clause
(iii), the requirement for a certification
under subparagraph (B) shall be waived.
``(iii) Requirement for extension.--With
respect to a certification application, the
reasonable period of time established under
clause (i) may only be extended if--
``(I) the extension is requested,
in writing, by the applicant; and
``(II) the certifying authority
concurs, in writing, with the
extension.
``(E) Waiver of certification requirement.--
``(i) In general.--A certifying authority
may, at any time during the reasonable period
of time described in subparagraph (D),
affirmatively waive the requirement for a
certification under subparagraph (B).
``(ii) No judicial review.--Notwithstanding
any other provision of Federal law, including
any provision of this section, a waiver
pursuant to clause (i) shall not be subject to
judicial review.
``(F) Final action.--
``(i) In general.--Not later than the date
on which the reasonable period of time
established under subparagraph (D) for a
certification application ends or on the date
of a waiver pursuant to subparagraph (E)(i), as
applicable, the certifying authority or Federal
licensing or permitting authority, as
applicable, shall apply only 1 of the following
final actions to the certification application:
``(I) The certification application
is granted.
``(II) The certification
application is granted with conditions.
``(III) The certification
application is denied.
``(IV) The certification
requirements under subparagraph (B)
have been waived in accordance with
subparagraph (D) or (E) with respect to
the activity for which the
certification application was
submitted.
``(ii) No other final actions.--No other
final action may apply to a certification
application except as described in clause (i).
``(G) Enforcement of conditions.--The licensing or
permitting authority to which a certification under
this subsection was issued may enforce any conditions
included with that certification.
``(H) Timeline for action.--If a Federal court
remands or vacates a certification under this
paragraph, the Federal court shall set and enforce a
reasonable schedule and deadline, not to exceed 180
days from the date on which the Federal court remands
or vacates the certification, for the certifying agency
to act on the remand or vacatur.''; and
(5) in subsection (b) (as so redesignated)--
(A) in paragraph (2), by striking ``(2) Upon
receipt'' and inserting the following:
``(2) Notice to administrator; effect on other states.--On
receipt'';
(B) in paragraph (3), by striking ``(3) The
certification'' and inserting the following:
``(3) Fulfillment of requirements.--The certification'';
(C) in paragraph (4), by striking ``(4) Prior to''
and inserting the following:
``(4) Review for compliance.--Prior to'';
(D) in paragraph (5), by striking ``(5) Any
Federal'' and inserting the following:
``(5) Suspension and revocation.--Any Federal''; and
(E) in paragraph (6), by striking ``(6) Except
with'' and inserting the following:
``(6) Applicability to certain facilities.--Except with''.
(b) Conforming Amendment.--Section 217(b)(2) of the Water Resources
Development Act of 1996 (33 U.S.C. 2326a(b)(2)) is amended by striking
``section 401(c) of the Federal Water Pollution Control Act (33 U.S.C.
1341(c))'' and inserting ``subsection (d) of section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341)''.
SEC. 4. DEFINITION OF NAVIGABLE WATERS.
(a) In General.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended--
(1) by striking the heading and section designation and all
that follows through ``Act:'' in the matter preceding paragraph
(1) and inserting the following:
``SEC. 502. GENERAL DEFINITIONS.
``In this Act:'';
(2) by indenting the margins of each of paragraphs (1)
through (20) appropriately;
(3) in each of paragraphs (1), (2), (3), (4), (5), (6),
(8), (9), (10), (11), (13), (14), (15), (16), (17), (18), (19),
and (20), by inserting a paragraph heading, the text of which
comprises the term defined in the paragraph;
(4) in paragraph (12), by striking ``(12) The term'' and
inserting the following:
``(12) Discharge of a pollutant; discharge of pollutants.--
The term'';
(5) by redesignating paragraphs (1) through (27) as
paragraphs (24), (10), (23), (12), (17), (19), (13), (25), (3),
(14), (6), (5), (26), (18), (1), (4), (22), (9), (20), (11),
(2), (7), (16), (15), (21), (27), and (8), respectively, and
moving the paragraphs so as to appear in numerical order; and
(6) by striking paragraph (13) (as so redesignated) and
inserting the following:
``(13) Navigable waters; waters of the united states.--
``(A) In general.--The terms `navigable waters' and
`waters of the United States' mean--
``(i) the territorial seas;
``(ii) a body of water, including a body of
water subject to the ebb and flow of the tide,
that--
``(I) is used in interstate or
foreign commerce;
``(II) has previously been used in
interstate or foreign commerce; or
``(III) may be susceptible for use
in interstate or foreign commerce;
``(iii) a tributary;
``(iv) a lake, pond, or covered
impoundment; and
``(v) adjacent wetland.
``(B) Exclusions.--The terms `navigable waters' and
`waters of the United States' do not include--
``(i) a body of water or a water feature
that is not described in subparagraph (A);
``(ii) groundwater, including groundwater
drained through a subsurface drainage system;
``(iii) an ephemeral feature, including an
ephemeral stream, swale, gully, rill, or pool;
``(iv) diffuse stormwater run-off and
directional sheet flow over upland;
``(v) a ditch that is not described in
clause (i), (ii), or (iii) of subparagraph (A);
``(vi) the portion of a ditch constructed
in an adjacent wetland that does not meet the
requirements described in subparagraph (C)(i);
``(vii) prior converted cropland;
``(viii) an artificially irrigated area,
including a field flooded for agricultural
production, that would revert to upland if the
application of irrigation waters to that areas
cease;
``(ix) an artificial lake or pond,
including a water storage reservoir and a farm,
irrigation, stock watering, or log cleaning
pond, that is constructed or excavated in
upland or in a body of water that is not
otherwise described in subparagraph (A), if the
artificial lake or pond is not otherwise a
lake, pond, or covered impoundment;
``(x) a water-filled depression constructed
or excavated in upland or in a body of water
that is not otherwise described in subparagraph
(A) that is incidental to mining or
construction activity;
``(xi) a pit excavated in upland or in a
body of water that is not otherwise described
in subparagraph (A) to obtain fill, sand, or
gravel;
``(xii) a stormwater control feature
constructed or excavated in upland or in a body
of water that is not otherwise described in
subparagraph (A) to convey, treat, infiltrate,
or store stormwater runoff;
``(xiii) a groundwater recharge, water
reuse, or wastewater recycling structure,
including a detention, retention, or
infiltration basin or pond, that is constructed
or excavated in upland or in a body of water
that is not otherwise described in subparagraph
(A); or
``(xiv) a waste treatment system.
``(C) Associated definitions.--In this paragraph:
``(i) Adjacent wetland.--
``(I) In general.--The term
`adjacent wetland' means a wetland
that--
``(aa) touches at least 1
point or side of a body of
water described in clause (i),
(ii), (iii), or (iv) of
subparagraph (A);
``(bb) is inundated by
flooding from a body of water
described in clause (i), (ii),
(iii), or (iv) of subparagraph
(A) in a typical year; or
``(cc) is physically
separated from a body of water
described in clause (i), (ii),
(iii), or (iv) of subparagraph
(A) only by--
``(AA) a natural
berm, bank, dune, or
similar natural
feature; or
``(BB) an
artificial dike, an
artificial barrier, or
a similar artificial
structure, if that
structure allows for a
direct hydrologic
surface connection
between the wetland and
the body of water
described in clause
(i), (ii), (iii), or
(iv) of subparagraph
(A) during a typical
year, such as through a
culvert, flood or tide
gate, pump, or similar
artificial feature.
``(II) Effect of roads and other
structures.--For the purposes of
subparagraph (A)(v), the division of an
adjacent wetland by a road or similar
artificial structure does not prevent
the adjacent wetland in its entirety
from being a navigable water or water
of the United States if the road or
similar artificial structure allows for
a direct hydrologic surface connection
through or over that structure in a
typical year.
``(ii) Body of water subject to the ebb and
flow of the tide.--
``(I) In general.--The term `body
of water subject to the ebb and flow of
the tide' means a body of water that
rises and falls in a predictable and
measurable rhythm or cycle due to the
gravitational pulls of the moon and
sun.
``(II) End of influence.--For
purposes of this clause, a body of
water described in subclause (I) ends
when the rise and fall of the water
surface can no longer be practically
measured in a predictable rhythm due to
masking by hydrologic, wind, or other
effects.
``(iii) Ditch.--The term `ditch' means a
constructed or excavated channel used to convey
water.
``(iv) Ephemeral.--The term `ephemeral'
means surface water flowing or pooling only in
direct response to precipitation, such as rain
or snow fall.
``(v) High tide line.--
``(I) In general.--The term `high
tide line' means the line of
intersection of the land with the
surface of a body of water at the
maximum height reached by a rising
tide.
``(II) Inclusion.--The term `high
tide line' includes the maximum height
reached by a spring high tide or other
high tide that occurs with periodic
frequency.
``(III) Exclusion.--The term `high
tide line' does not include the maximum
height reached as a result of a storm
surge in which there is a departure
from the normal or predicted reach of
the tide due to the piling up of water
against a coast by strong winds, such
as those accompanying a hurricane or
other intense storm.
``(IV) Methods of determination in
the absence of data.--For purposes of
this clause, in the absence of data on
the high tide line, the high tide line
may be determined by--
``(aa) a line of oil or
scum along shore objects;
``(bb) a more or less
continuous deposit of fine
shell or debris on the
foreshore or berm;
``(cc) other physical
markings or characteristics;
``(dd) vegetation lines;
``(ee) tidal gages; or
``(ff) other suitable means
that delineate the general
height reached by a rising
tide.
``(vi) Intermittent.--The term
`intermittent' means surface water that flows
continuously during certain times of the year
and more than in direct response to
precipitation, such as water that flows
seasonally when the groundwater table is
elevated or when snowpack melts.
``(vii) Lake, pond, or covered
impoundment.--
``(I) In general.--The term `lake,
pond, or covered impoundment' means a
standing body of open water that
contributes surface water flow to a
body of water described in clause (i)
or (ii) of subparagraph (A) during a
typical year through--
``(aa) direct means; or
``(bb) 1 or more bodies of
water described in clause
(iii), (iv), or (v) of that
subparagraph.
``(II) Inclusion.--The term `lake,
pond, or covered impoundment' includes
a body of water described in subclause
(I) that--
``(aa) contributes surface
water flow to a downstream body
of water described in
subparagraph (A) in a typical
year through--
``(AA) a
channelized surface
water feature that is
not otherwise described
in that subparagraph;
``(BB) a culvert,
dike, spillway, or
other similar
artificial feature; or
``(CC) a debris
pile boulder field, or
similar natural
feature; or
``(bb) is inundated by
flooding from a body of water
described in clause (i), (ii),
(iii), or (iv) of subparagraph
(A) during a typical year.
``(viii) Ordinary high water mark.--The
term `ordinary high water mark' means a line on
the shore of a body of water--
``(I) established by the
fluctuations of the water; and
``(II) indicated by physical
characteristics such as--
``(aa) a clear, natural
line impressed on the bank;
``(bb) shelving;
``(cc) changes in the
character of the soil;
``(dd) destruction of
terrestrial vegetation;
``(ee) the presence of
litter and debris; and
``(ff) other appropriate
means that consider the
characteristics of the
surrounding areas.
``(ix) Perennial.--The term `perennial'
means surface water that flows continuously
throughout the year.
``(x) Prior converted cropland.--
``(I) In general.--The term `prior
converted cropland' means an area that,
prior to December 23, 1985, was drained
or otherwise manipulated for the
purpose, or having the effect, of
making production of an agricultural
product possible.
``(II) Designation by secretary of
agriculture.--For purposes of this
clause--
``(aa) the Secretary of
Agriculture may designate an
area as prior converted
cropland; and
``(bb) except as provided
in subclause (III), the
Administrator and the Secretary
shall recognize a designation
by the Secretary of Agriculture
under item (aa) for purposes of
this Act.
``(III) Exclusion.--
``(aa) In general.--The
term `prior converted cropland'
does not include an area
described in subclause (I) that
has, as determined by the
Secretary, in coordination with
the heads of other relevant
Federal agencies, as
appropriate--
``(AA) subject to
items (bb) and (cc),
been abandoned; and
``(BB) reverted to
a wetland.
``(bb) Abandonment.--For
purposes of subitem (AA) of
item (aa), an area described in
that item is considered
abandoned when the area is not
used for, or in support of,
agricultural purposes at least
once in the 5-year period
immediately preceding a
determination described in that
item.
``(cc) Final authority.--
Notwithstanding a determination
by the Secretary of whether an
area described in subclause (I)
has been abandoned, the
Administrator shall have final
authority to make that
determination.
``(xi) Secretary.--The term `Secretary'
means the Secretary of the Army, acting through
the Chief of Engineers.
``(xii) Snowpack.--The term `snowpack'
means 1 or more layers of snow that have
accumulated over an extended period of time in
certain geographic regions or at high
elevations, such as in northern climes or in
mountainous regions.
``(xiii) Tributary.--
``(I) In general.--The term
`tributary' means a river, stream, or
similar naturally occurring surface
water channel that contributes
perennial or intermittent surface water
flow to a body of water described in
clause (i) or (ii) of subparagraph (A)
in a typical year through--
``(aa) direct means; or
``(bb) 1 or more bodies of
water described in clause
(iii), (iv), or (v) of that
subparagraph.
``(II) Inclusion.--
``(aa) Alteration or
relocation.--The alteration or
relocation of a channel
described in subclause (I) does
not otherwise modify the status
of the channel under this
paragraph if the channel
continues to meet the
requirements of subclause (I)
after that alteration or
relocation.
``(bb) Effect of flow
through certain features.--A
channel described in subclause
(I) shall be considered a
tributary for purposes of this
clause if the channel
contributes surface water flow
in a typical year through--
``(AA) a
channelized surface
water feature that is
not otherwise described
in subparagraph (A);
``(BB) a
subterranean river;
``(CC) a culvert,
dam, tunnel, or similar
artificial feature; or
``(DD) a debris
pile, boulder field, or
similar natural
feature.
``(cc) Relocation.--A ditch
that relocates a tributary, is
constructed in a tributary, or
is constructed in an adjacent
wetland is a tributary if the
ditch meets the requirements of
subclause (I).
``(xiv) Typical year.--The term `typical
year' means a year within which precipitation
and other climactic variables are within the
normal periodic range (e.g., seasonally,
annually) for the geographic area of the
applicable body of water based on the most
recent 30-year period.
``(xv) Upland.--The term `upland' means a
land area that, under normal circumstances--
``(I) is not a wetland because it
does not meet the requirements
described in each of items (aa), (bb),
and (cc) of clause (xvii)(I); and
``(II) does not lie below the
ordinary high water mark or the high
tide line of a body of water described
in subparagraph (A).
``(xvi) Waste treatment system.--The term
`waste treatment system' includes all
components, including lagoons and treatment
ponds (such as settling or cooling ponds), that
are designed to either convey or retain,
concentrate, settle, reduce, or remove
pollutants, either actively or passively, from
wastewater prior to discharge (or eliminating
any such discharge).
``(xvii) Wetland.--
``(I) In general.--The term
`wetland' means an area--
``(aa) that is inundated or
saturated by surface water or
groundwater;
``(bb) for which the
inundation or saturation
described in item (aa) is at a
frequency and duration
sufficient to support, and that
under normal circumstances does
support, a prevalence of
vegetation; and
``(cc) in which the
vegetation described in item
(bb) is typically adapted for
life in saturated soil
conditions.
``(II) Inclusions.--The term
`wetland' includes swamps, marshes,
bogs, and similar areas.''.
(b) Conforming Amendments.--
(1) Section 109(e) of the Deep Seabed Hard Mineral
Resources Act (30 U.S.C. 1419(e)) is amended--
(A) by striking ``section 502(12)(B) of the Clean
Water Act'' and inserting ``paragraph (5)(B) of section
502 of the Federal Water Pollution Control Act (33
U.S.C. 1362)''; and
(B) by striking ``to the Clean Water Act'' and
inserting ``to the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.)''.
(2) Section 501(b) of the Water Resources Development Act
of 1992 (33 U.S.C. 1271 note; Public Law 102-580) is amended--
(A) in paragraph (2), by striking ``section 502(7)
of the Federal Water Pollution Control Act (33 U.S.C.
1362(7))'' and inserting ``section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362)''; and
(B) in paragraph (3), by striking ``section 502(6)
of the Federal Water Pollution Control Act (33 U.S.C.
1362(6))'' and inserting ``section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362)''.
(3) Section 309(c)(6) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(c)(6)) is amended by striking
``section 502(5) of this Act'' and inserting ``section 502''.
(4) Section 107(f) of the Ocean Thermal Energy Conversion
Act of 1980 (42 U.S.C. 9117(f)) is amended by striking
``section 502(12)(B) of the Federal Water Pollution Control Act
of 1972 (33 U.S.C. 1362(12)(B))'' and inserting ``paragraph
(5)(B) of section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362)''.
SEC. 5. PROVIDING REGULATORY CERTAINTY UNDER THE FEDERAL WATER
POLLUTION CONTROL ACT.
(a) Codification of Nationwide Permits.--
(1) In general.--The Nationwide Permits issued, reissued,
or modified, as applicable, in the following final rules of the
Corps of Engineers are enacted into law:
(A) The final rule of the Corps of Engineers
entitled ``Reissuance and Modification of Nationwide
Permits'' (86 Fed. Reg. 2744 (January 13, 2021)).
(B) The final rule of the Corps of Engineers
entitled ``Reissuance and Modification of Nationwide
Permits'' (86 Fed. Reg. 73522 (December 27, 2021)).
(2) Period of applicability.--
(A) In general.--Paragraph (1) ceases to be
effective March 14, 2026.
(B) Effect.--Notwithstanding subparagraph (A), the
Nationwide Permits described in paragraph (1) shall
remain in effect on and after the date described in
that subparagraph until the date on which the
Nationwide Permits are reissued or modified.
(b) National Pollutant Discharge Elimination System.--Section
402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C.
1342(b)(1)(B)) is amended by striking ``five years'' and inserting ``10
years''.
(c) Certainty on Availability of National Pollutant Discharge
Elimination System General Permits.--Section 402(a)(3) of the Federal
Water Pollution Control Act (33 U.S.C. 1342(a)(3)) is amended--
(1) by striking ``(3) The permit'' and inserting the
following:
``(3) Terms, conditions, and requirements.--
``(A) In general.--Except as provided in
subparagraph (B), the permit''; and
(2) by adding at the end the following:
``(B) Exception.--Notwithstanding subsection
(b)(1)(B), a general permit issued or reissued by the
Administrator on or after September 19, 2017, under the
permit program under paragraph (1) shall remain in
effect until the date on which the Administrator
reissues or modifies that general permit.''.
(d) Permitting Requirements for Certain Discharges of Fire
Retardant.--
(1) Definition of federal land management agency.--In this
subsection, the term ``Federal land management agency'' means--
(A) the Forest Service;
(B) the National Park Service;
(C) the Bureau of Land Management;
(D) the United States Fish and Wildlife Service;
(E) the Bureau of Indian Affairs; and
(F) the Federal Emergency Management Agency.
(2) No permitting required.--Notwithstanding any provision
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), a permit under section 402 of that Act (33 U.S.C. 1342)
shall not be required for the discharge of fire retardant in
connection with fire suppression, control, or prevention
activities carried out by a Federal land management agency, a
State government, a political subdivision of a State, or a
Tribal government.
SEC. 6. PROHIBITION ON RETROACTIVE PERMIT VETOES.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended by striking subsection (c) and inserting the
following:
``(c) Authority of EPA Administrator.--
``(1) Possible prohibition of specification.--Until such
time as the Secretary has issued a permit under this section,
the Administrator may prohibit the specification (including the
withdrawal of specification) of any defined area as a disposal
site, and the Administrator may deny or restrict the use of any
defined area for specification (including the withdrawal of
specification) as a disposal site, whenever the Administrator
determines, after notice and opportunity for public hearings,
that the discharge of those materials into that area will have
an unacceptable adverse effect on municipal water supplies,
shellfish beds and fishery areas (including spawning and
breeding areas), wildlife, or recreational areas.
``(2) Consultation required.--Before making a determination
under paragraph (1), the Administrator shall consult with the
Secretary.
``(3) Written findings required.--The Administrator shall
set forth in writing and make public the findings and reasons
of the Administrator for making any determination under this
subsection.''.
SEC. 7. EFFICIENT CONSULTATIONS UNDER THE ENDANGERED SPECIES ACT OF
1973.
(a) Timelines for Section 7 Consultations.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended--
(1) in subparagraph (A), by striking ``90-day'' and
inserting ``60-day''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i)--
(i) by striking ``90 days'' and inserting
``60 days''; and
(ii) by striking ``90th day'' and inserting
``60th day'';
(B) in clause (i), in the matter preceding
subclause (I), by striking ``150th day'' and inserting
``100th day''; and
(C) in clause (ii), by striking ``150 or more'' and
inserting ``100 or more''.
(b) State Assumption of Consultation Responsibilities.--
(1) Definitions.--In this subsection:
(A) Program.--The term ``program'' means the
program carried out by the Secretary pursuant to this
subsection.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(C) State.--The term ``State'' means--
(i) each of the several States of the
United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern
Mariana Islands; and
(vii) the United States Virgin Islands.
(D) State agency.--The term ``State agency'' means
any agency, department, board, commission, or other
governmental entity in a State with primary
jurisdiction over environmental or wildlife management
matters in the State, as determined by the Governor of
the State.
(2) Program.--
(A) In general.--The Secretary shall carry out a
program under which the Secretary may assign
consultation responsibilities described in subparagraph
(B)(i) to States.
(B) Assumption of responsibility.--
(i) In general.--Subject to the
requirements of this subsection, with the
written agreement of the Secretary and a State,
which may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the consultation
responsibilities of the Secretary within the
boundary of the State under subsections (a),
(b), and (c) of section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536).
(ii) Procedural and substantive
requirements.--A State shall assume
responsibility under the program subject to the
same procedural and substantive requirements as
would apply if that responsibility were carried
out by the Secretary.
(iii) Federal responsibility.--Any
responsibility of the Secretary not explicitly
assumed by the State by written agreement under
the program shall remain the responsibility of
the Secretary.
(3) State participation.--
(A) Participating states.--All States are eligible
to participate in the program.
(B) Application.--
(i) In general.--A State seeking to
participate in the program shall submit to the
Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, which shall include--
(I) verification of the financial
and legal resources necessary to carry
out the authority that may be granted
to the State under the program;
(II) verification of the personnel
resources or a plan to hire the
personnel, not later than 1 year after
the date on which the application is
approved, necessary to carry out the
authority that may be granted to the
State under the program; and
(III) evidence of the notice and
solicitation of public comment by the
State relating to participation of the
State in the program, including copies
of comments received from that
solicitation.
(ii) Denial.--
(I) In general.--The Secretary
shall only deny an application
submitted by a State under clause (i)
if the Secretary determines that the
State does not demonstrate the legal,
financial, or personnel capability to
assume responsibility under the
program.
(II) Denial requirements.--On
denial of an application submitted by a
State under clause (i)--
(aa) the Secretary shall--
(AA) respond to the
State in writing,
identifying the reasons
for the denial; and
(BB) at the request
of the State, provide
technical assistance to
the State to address
the reasons identified
under subitem (AA); and
(bb) the State may reapply
in accordance with the
requirements of clause (i).
(C) Public notice.--
(i) In general.--Not less than 30 days
before the date of submission of an application
of a State under subparagraph (B)(i), the State
shall, in accordance with the applicable public
notice law of the State--
(I) publish the complete
application of the State; and
(II) provide an opportunity for
public comment on the application,
which shall not exceed 30 days.
(ii) Response to comments.--Notwithstanding
any other provision of law, a State shall not
be required to respond to public comments
received under clause (i)(II).
(D) Selection criteria.--The Secretary shall
approve the application of a State submitted under
subparagraph (B)(i) if--
(i) the Secretary determines that the State
has demonstrated the legal, financial, and
current or future personnel capability to
assume the responsibility; and
(ii) the head of the State agency enters
into a written agreement with the Secretary
described in paragraph (4)(A).
(E) Failure to approve or deny application.--If the
Secretary fails to make a determination with respect to
any application submitted under subparagraph (B)(i)
within 180 days after the date on which the Secretary
receives that application--
(i) the application shall be deemed
approved; and
(ii) the Secretary shall--
(I) notify the State that submitted
the application of the approval; and
(II) execute a written agreement
described in paragraph (4)(A).
(4) Written agreement.--
(A) In general.--A written agreement referred to in
paragraph (3)(D)(ii) shall--
(i) be executed by the Governor or the top-
ranking environmental official in the State who
is charged with responsibility for
environmental matters;
(ii) be in such form as the Secretary may
prescribe;
(iii) provide that the State--
(I) agrees to assume all or part of
the responsibilities of the Secretary
described in paragraph (2)(B);
(II) expressly consents, on behalf
of the State, to accept the
jurisdiction of the Federal courts for
the compliance, discharge, and
enforcement of any responsibility of
the Secretary assumed by the State;
(III) certifies that State laws
(including regulations) are in effect
that--
(aa) authorize the State to
take the actions necessary to
carry out the responsibilities
being assumed; and
(bb) are comparable to
section 552 of title 5, United
States Code, including
providing that any decision
regarding the public
availability of a document
under those State laws is
reviewable by a court of
competent jurisdiction; and
(IV) agrees to maintain the
financial resources necessary to carry
out the responsibilities being assumed;
(iv) require the State to provide to the
Secretary any information the Secretary
reasonably considers necessary to ensure that
the State is adequately carrying out the
responsibilities assigned to the State;
(v) be renewable; and
(vi) have a term of--
(I) not more than 5 years; or
(II) 10 years, in the case of a
State that has participated in a
program under this subsection (or under
a predecessor program) for not less
than 10 years.
(B) Role of secretary.--The Secretary shall not
delegate the responsibilities of the Secretary with
respect to entering into a written agreement with a
State under subparagraph (A).
(5) Jurisdiction.--
(A) In general.--The district courts of the United
States shall have exclusive jurisdiction over any civil
action against a State for failure to carry out any
responsibility of the State under the program.
(B) Legal standards and requirements.--A civil
action under subparagraph (A) shall be governed by the
legal standards and requirements that would apply in
such a civil action against the Secretary had the
Secretary taken the actions in question.
(C) Intervention.--The Secretary shall have the
right to intervene in any action described in
subparagraph (A).
(6) Effect of assumption of responsibility.--A State that
assumes responsibility under paragraph (2)(B) shall be solely
responsible and solely liable for carrying out, in lieu of and
without further approval of the Secretary, the responsibilities
assumed under that paragraph, until the Secretary or the State,
as applicable, terminates the participation of the State in the
program in accordance with subparagraph (A) or (B) of paragraph
(11), as applicable.
(7) Limitations on agreements.--Nothing in this subsection
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
(8) Audits.--
(A) In general.--To ensure compliance by a State
with any agreement of the State under paragraph
(3)(D)(ii) (including compliance by the State with all
Federal laws for which responsibility is assumed under
paragraph (2)(B)), for each State participating in the
program, the Secretary shall--
(i) not later than 180 days after the date
of execution of the agreement, meet with the
State to review implementation of the agreement
and discuss plans for the first annual audit;
(ii) conduct annual audits during each of
the first 4 years of State participation;
(iii) in the case of an agreement period of
greater than 5 years pursuant to paragraph
(4)(A)(vi)(II), conduct an audit covering the
first 5 years of the agreement period; and
(iv) ensure that the time period for
completing an audit, from initiation to
completion (including public comment and
responses to those comments), does not exceed
180 days.
(B) Public availability and comment.--
(i) In general.--An audit conducted under
subparagraph (A) shall be provided to the
public for comment.
(ii) Response.--Not later than 60 days
after the date on which the period for public
comment ends--
(I) the Secretary shall respond to
public comments received under clause
(i); and
(II) to the extent necessary, the
applicable State agency may respond to
those comments.
(C) Audit team.--
(i) In general.--An audit conducted under
subparagraph (A) shall be carried out by an
audit team determined by the Secretary, in
consultation with the State, in accordance with
clause (ii).
(ii) Consultation.--Consultation with the
State under clause (i) shall include a
reasonable opportunity for the State to review
and provide comments on the proposed members of
the audit team.
(iii) Limitation.--An audit team shall only
include--
(I) qualified staff of regional and
headquarters offices of the United
States Fish and Wildlife Service;
(II) staff of the Department of the
Interior Office of Inspector General;
and
(III) staff of the applicable State
agency.
(9) Monitoring.--After the fourth year of the participation
of a State in the program, the Secretary shall monitor
compliance by the State with the written agreement entered into
under paragraph (3)(D)(ii), including the provision by the
State of financial resources to carry out the written
agreement.
(10) Report to congress.--The Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of Representatives
an annual report that describes the administration of the
program, which shall include an identification of--
(A) the number of active written agreements entered
into under paragraph (3)(D)(ii) being carried out;
(B) the number of pending written agreements
entered into under that paragraph;
(C) the number of applications denied under
paragraph (3)(B)(ii) and the reasons for those denials,
if any; and
(D) the results of any audits completed pursuant to
paragraph (8) in the year covered by the report.
(11) Termination.--
(A) Termination by the secretary.--The Secretary
may terminate the participation of a State in the
program if--
(i) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(ii) the Secretary provides to the State--
(I) a notification of the
determination of noncompliance;
(II) a period of not less than 120
days to take corrective action as the
Secretary determines to be necessary to
comply with the applicable agreement;
and
(III) on request of the Governor of
the State, a detailed description of
each responsibility in need of
corrective action relating to an
inadequacy identified under clause (i);
and
(iii) the State, after the notification and
period provided under clause (ii), fails to
take satisfactory corrective action, as
determined by the Secretary.
(B) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice not
later than the date that is 90 days before the date of
termination, subject to such terms and conditions as
the Secretary may provide.
(12) Capacity building.--The Secretary, in cooperation with
relevant State officials, shall provide funding for education,
training, peer-exchange, and other initiatives as appropriate--
(A) to assist States in developing the capacity to
participate in the program; and
(B) to promote information sharing and
collaboration among States that are participating in
the program.
(13) Agency deemed to be federal agency.--A State agency
that is assigned a responsibility under an agreement under the
program shall be deemed to be an agency for the purposes of
section 2412 of title 28, United States Code.
SEC. 8. NEW SOURCE REVIEW PERMITTING.
(a) Clarification of Definition of a Modification for Emission Rate
Increases, Pollution Control, Efficiency, Safety, and Reliability
Projects.--Paragraph (4) of section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)) is amended--
(1) by inserting ``(A)'' before ``The term'';
(2) by inserting before the period at the end the
following: ``. For purposes of the preceding sentence, a change
increases the amount of any air pollutant emitted by such
source only if the maximum hourly emission rate of an air
pollutant that is achievable by such source after the change is
higher than the maximum hourly emission rate of such air
pollutant that was achievable by such source during any hour in
the 10-year period immediately preceding the change''; and
(3) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), the term
`modification' does not include a change at a
stationary source that is designed--
``(i) to reduce the amount of any air
pollutant emitted by the source per unit of
production; or
``(ii) to restore, maintain, or improve the
reliability of operations at, or the safety of,
the source,
except, with respect to either clause (i) or (ii), when
the change would be a modification as defined in
subparagraph (A) and the Administrator determines that
the increase in the maximum achievable hourly emission
rate of a pollutant from such change would cause an
adverse effect on human health or the environment.''.
(b) Clarification of Definition of Construction for Prevention of
Significant Deterioration.--Section 169(2) of the Clean Air Act (42
U.S.C. 7479(2)) is amended by striking subparagraph (C) and inserting
the following:
``(C) The term `construction', when used in
connection with a major emitting facility, includes a
modification (as defined in section 111(a)) at such
facility, except that for purposes of this subparagraph
a modification does not include a change at a major
emitting facility that does not result in a significant
emissions increase, or a significant net emissions
increase, in annual actual emissions at such
facility.''.
(c) Clarification of Definition of Modifications and Modified for
Nonattainment Areas.--Section 171 of the Clean Air Act (42 U.S.C. 7501)
is amended by striking paragraph (4) and inserting the following:
``(4) The terms `modifications' and `modified' mean a
modification as defined in section 111(a)(4), except that such
terms do not include a change at a major emitting facility that
does not result in a significant emissions increase, or a
significant net emissions increase, in annual actual emissions
at such facility.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to treat any change
as a modification for purposes of any provision of the Clean Air Act
(42 U.S.C. 7401 et seq.) if such change would not have been so treated
as of the day before the date of enactment of this Act.
SEC. 9. PROHIBITIONS ON USE OF SOCIAL COST OF GREENHOUSE GAS ESTIMATES.
(a) In General.--In promulgating regulations, issuing guidance, or
taking any agency action (as defined in section 551 of title 5, United
States Code) relating to the social cost of greenhouse gases, no
Federal agency shall adopt or otherwise use any estimates for the
social cost of carbon, methane, or nitrous oxide that--
(1) may increase the cost of energy, including the
levelized cost of electricity and gasoline prices, as
determined through a review by the Energy Information
Administration; or
(2) could prolong the timeline necessary to promulgate that
regulation, guidance, or agency action.
(b) Inclusion.--The estimates referred to in subsection (a) include
the interim estimates in the document of the Interagency Working Group
on the Social Cost of Greenhouse Gases entitled ``Technical Support
Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim
Estimates under Executive Order 13990'' and dated February 2021.
SEC. 10. POLICY REVIEW UNDER THE CLEAN AIR ACT.
Section 309 of the Clean Air Act (42 U.S.C. 7609) is amended to
read as follows:
``SEC. 309. POLICY REVIEW.
``(a) Environmental Impact of Proposed Legislation.--
``(1) In general.--The Administrator shall review, and
comment in writing, on the environmental impact of any matter
relating to the duties and responsibilities granted to the
authority of the Administrator pursuant to this Act or any
other law contained in any legislation proposed by a Federal
department.
``(2) Publish.--A written comment referred to in paragraph
(1) shall be made public at the conclusion of any review
conducted under that paragraph.
``(b) Unsatisfactory Legislation.--If the Administrator determines
that any legislation reviewed under subsection (a)(1) is unsatisfactory
from the standpoint of public health, welfare, or environmental
quality, the Administrator shall publish the determination of the
Administrator and the matter shall be referred to the Council on
Environmental Quality.''.
SEC. 11. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Energy, shall submit to Congress a
report that identifies and assesses regulations promulgated by the
Administrator of the Environmental Protection Agency during the 15-year
period ending on the date of enactment of this Act that have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by those energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 12. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42
U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2) Within ninety days'' and
inserting the following:
``(2) Required timeline.--
``(A) In general.--Within 90 days'';
(B) in subparagraph (A) (as so designated), by
striking ``and after reasonable opportunity for
presentation of views''; and
(C) by adding at the end the following:
``(B) Failure to act.--
``(i) Definition of class vi well.--In this
subparagraph, the term `Class VI well' means a
well described in section 144.6(f) of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).
``(ii) Notice to state.--If, 180 calendar
days after the date on which a State's
application is submitted under paragraph (1)(A)
or notice is submitted under (1)(B), the
Administrator has not, pursuant to subparagraph
(A), by rule approved, disapproved, or approved
in part and disapproved in part the underground
injection control program of the State for
Class VI wells, the Administrator shall submit
to the State, in writing, a detailed
explanation as to the status of the application
or notice.
``(iii) Deemed approval.--The underground
injection control program of a State for Class
VI wells shall be deemed to be approved if--
``(I) by the date that is 30 days
after the end of the 180-day period
described in clause (ii), the
Administrator has not by rule approved,
disapproved, or approved in part and
disapproved in part the underground
injection control program of the State
for Class VI wells; and
``(II) the State has established
and implemented a primary enforcement
authority program for 1 or more classes
of underground injection control wells
(including adequate recordkeeping and
reporting) to prevent underground
injection that endangers drinking water
sources.
``(iv) Limitation.--The Administrator shall
not condition the processing or approval of a
State's application under paragraph (1)(A) or
notice under paragraph (1)(B) for a primary
enforcement authority program for Class VI
wells on the addition or revision of any other
program, including any primary enforcement
authority program for 1 or more classes of
underground injection control wells that are
not Class VI wells.'';
(2) by striking paragraph (4) and inserting the following:
``(4) Opportunity for presentation of views.--Before
promulgating any rule under paragraph (2) or (3) of this
subsection, the Administrator shall--
``(A) provide a reasonable opportunity for
presentation of views with respect to that rule,
including a public hearing and a public comment period;
and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views
provided under subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication activities.--The Administrator shall
work as expeditiously as possible with States to complete any
necessary activities relevant to the submission of an
application under paragraph (1)(A) or notice under paragraph
(1)(B).
``(6) Report.--
``(A) In general.--Not later than 90 days after the
date of enactment of this paragraph, the Administrator
shall submit to the appropriate congressional
committees a report, including recommendations,
regarding the availability of staff and resources to
promptly carry out the Class VI wells (as defined in
paragraph (2)(B)(i)) program.
``(B) Appropriate congressional committees
defined.--In this paragraph, the term `appropriate
congressional committees' means--
``(i) in the Senate--
``(I) the Committee on Environment
and Public Works; and
``(II) the Committee on
Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and
Commerce; and
``(II) the Committee on
Appropriations.''.
(b) Rules of Construction.--
(1) Applicability to new applications.--The amendments made
by this section apply to all applications submitted to the
Environmental Protection Agency after the date of enactment of
this Act to establish an underground injection control program
under section 1422(b) of the Safe Drinking Water Act (42 U.S.C.
300h-1(b)).
(2) Applicability to pending applications.--With respect to
any applications described in paragraph (1) submitted prior to
the date of enactment of this Act, the 180-day and 210-day
deadlines established under clauses (ii) and (iii),
respectively, of section 1422(b)(2)(B) of the Safe Drinking
Water Act (42 U.S.C. 300h-1(b)(1)(B)) (as added by subsection
(a)(1)(C)) shall begin on the date of enactment of this Act.
SEC. 13. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.
(a) Definition of Mountain Valley Pipeline.--In this section, the
term ``Mountain Valley Pipeline'' means the Mountain Valley Pipeline
project, as generally described and approved in Federal Energy
Regulatory Commission Docket Nos. CP16-10 and CP19-477.
(b) Expedited Approval.--Notwithstanding any other provision of
law, not later than 21 days after the date of enactment of this Act and
for the purpose of facilitating the completion of the Mountain Valley
Pipeline--
(1) the Secretary of the Army shall issue all permits or
verifications necessary--
(A) to complete the construction of the Mountain
Valley Pipeline across the waters of the United States;
and
(B) to allow for the operation and maintenance of
the Mountain Valley Pipeline;
(2) the Secretary of Agriculture shall amend the Land and
Resource Management Plan for the Jefferson National Forest in a
manner that is substantively identical to the record of
decision with respect to the Mountain Valley Pipeline issued on
January 11, 2021, as may be modified by a subsequently issued
record of decision following the supplemental environmental
impact statement issued on April 13, 2023; and
(3) the Secretary of the Interior shall--
(A) continue to maintain the biological opinion and
incidental take statement for the Mountain Valley
Pipeline in a manner that is substantively identical to
the biological opinion and incidental take statement
issued on February 28, 2023; and
(B) grant and maintain all necessary rights-of-way
and temporary use permits in a manner that is
substantively identical to those rights-of-way and
temporary use permits approved in the record of
decision with respect to the Mountain Valley Pipeline
issued on January 14, 2021, or as may be modified by
any subsequently issued rights-of-way and temporary use
permits.
(c) Judicial Review.--
(1) In general.--No action taken by the Secretary of the
Army, the Federal Energy Regulatory Commission, the Secretary
of Agriculture, or the Secretary of the Interior that grants an
authorization, permit, verification, biological opinion,
incidental take statement, or any other approval related to the
Mountain Valley Pipeline, including the issuance of any
authorization, permit, verification, biological opinion,
incidental take statement, or other approval for the Mountain
Valley Pipeline, whether issued prior to, on, or after the date
of enactment of this section, shall be subject to judicial
review.
(2) Effect.--Any lawsuit (including any lawsuit pending in
a court on the date of enactment of this Act) seeking judicial
review of an agency order or action described in paragraph
(1)--
(A) shall not be maintained in any court; and
(B) shall be promptly dismissed.
(d) Effect.--This section supersedes any other provision of law
(including any other section of this Act or another Act of Congress),
any regulation, any judicial decision, or any agency guidance that is
inconsistent with the issuance of any authorization, permit,
verification, biological opinion, incidental take statement, or other
approval for the Mountain Valley Pipeline.
<all>
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118S145 | AFAC Act | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] | <p><strong> Accountability in Federal Acquisitions and Contracting Act of 2023 or the AFAC Act</strong></p> <p>This bill requires the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to require that a contractor, as a condition for being awarded a contract for the procurement of goods or services, disclose recent or current contracts or commercial ties with certain Chinese entities.</p> <p>The General Services Administration must establish and maintain a public database containing information about disclosed contracts. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 145 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 145
To require disclosure by Federal contractors of contracts with Chinese
entities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require disclosure by Federal contractors of contracts with Chinese
entities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability in Federal
Acquisitions and Contracting Act of 2023'' or the ``AFAC Act''.
SEC. 2. REQUIREMENT TO DISCLOSE CONTRACTS AND TIES WITH PEOPLE'S
REPUBLIC OF CHINA ENTITIES.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation to require that a contractor shall, as a
condition for being awarded a contract for the procurement of goods or
services, disclose covered information related to any contracts or
other relevant commercial ties the contractor, first tier
subcontractor, or any related entity has that are in effect at the time
of contract award, or has had within the previous three years that are
no longer in effect, with a covered entity. The contractor shall update
such disclosure not later than 30 days after the contractor, first tier
subcontractor, or any related entity enters into or renews a contract
or other relevant commercial ties with a covered entity.
SEC. 3. DATABASE OF FEDERAL CONTRACTOR CONTRACTS WITH CHINESE ENTITIES.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of General Services shall establish and maintain
a public database containing the information about contracts with
covered entities disclosed pursuant to section 2.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means--
(A) the Government of the People's Republic of
China;
(B) the Chinese Communist Party (CCP);
(C) the Chinese military;
(D) an entity owned, directed, controlled,
financed, or influenced directly or indirectly by the
Government of the People's Republic of China, the CCP,
or the Chinese military, including any entity for which
the Government of the People's Republic of China, the
CCP, or the Chinese military has the ability, through
ownership of a majority or a dominant minority of the
total outstanding voting interest in an entity, board
representation, proxy voting, a special share,
contractual arrangements, formal or informal
arrangements to act in concert, or other means, to
determine, direct, or decide for an entity an important
matter;
(E) a parent, subsidiary, or affiliate of an entity
described in subparagraph (D); and
(F) an entity substantively involved in People's
Republic of China economic and industrial policies or
military-civil fusion, including by accepting funding,
performing services, or receiving subsidies, or with
responsibilities for overseeing economic development
projects, including Made in China 2025 and the Belt and
Road Initiative.
(2) Covered information.--The term ``covered information''
means--
(A) the name of the covered entity;
(B) the relationship of the covered entity to the
Government of the People's Republic of China, the
Chinese Communist Party, or the Chinese military;
(C) the general terms of the contract;
(D) the date the contract was entered into; and
(E) the duration of the contract.
(3) Related entity.--The term ``related entity'' means,
with respect to a contractor or first tier subcontractor, a
parent, subsidiary, affiliate, or other entity controlled by
the contractor or first tier subcontractor.
<all>
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118S1450 | Cutting Medicare Prescription Drug Prices in Half Act | [
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"sponsor"
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[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1450 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1450
To establish a cap on costs for covered prescription drugs under
Medicare parts B and D.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Sanders (for himself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To establish a cap on costs for covered prescription drugs under
Medicare parts B and D.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cutting Medicare Prescription Drug
Prices in Half Act''.
SEC. 2. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER MEDICARE
PARTS B AND D.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by adding at the end the following new
section:
``SEC. 1899C. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER
MEDICARE PARTS B AND D.
``(a) In General.--In no case may the amount of payment for a drug
or biological under part B or a covered part D drug (as defined in
section 1860D-2(e)) under a prescription drug plan under part D exceed
the lower of the following:
``(1) The amount paid by the Secretary of Veterans Affairs
to procure the drug under the laws administered by the
Secretary.
``(2) The amount paid to procure the drug through the
Federal Supply Schedule of the General Services Administration.
``(b) Manufacturer Requirement.--In order for coverage to be
available under part B for a drug or biological of a manufacturer or
under part D for a covered part D drug of a manufacturer, the
manufacturer must agree to provide such drug or biological to providers
of services and suppliers under part B or such covered part D drug to
prescription drug plans under part D for an amount that does not exceed
the maximum payment amount applicable under subsection (a).
``(c) Access to Pricing Information.--The Secretary of Veterans
Affairs and the Administrator of General Services shall provide to the
Secretary of Health and Human Services the information described in
paragraphs (1) and (2), respectively, of subsection (a) and such other
information as the Secretary of Health and Human Services may request
in order to carry out this section.
``(d) Effective Date.--This section shall apply with respect to
drugs furnished or dispensed on or after January 1, 2024.''.
(b) Conforming Amendments.--
(1) Application under part b.--Section 1847A of the Social
Security Act (42 U.S.C. 1395w-3a) is amended--
(A) in subsection (b)(1), by striking ``and (e)''
and inserting ``(e), and (i)'';
(B) by redesignating subsection (i) as subsection
(j); and
(C) by inserting after subsection (h) the following
subsection:
``(i) Application of Cap on Costs for Part B Drugs.--
Notwithstanding the preceding provisions of this subsection, the amount
of payment under this section for a drug or biological furnished on or
after January 1, 2024, shall not exceed the maximum payment amount
applicable to the drug or biological under section 1899C(a).''.
(2) Application as negotiated price under part d.--Section
1860D-2(d)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
102(d)(1)(B)) is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision of this part,
the negotiated price used for payment for a covered part D drug
dispensed on or after January 1, 2024, shall not exceed the
maximum payment amount applicable to the covered part D drug
under section 1899C(a).''.
<all>
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118S1451 | Healthy Competition for Better Care Act | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1451 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1451
To ban anticompetitive terms in facility and insurance contracts that
limit access to higher quality, lower cost care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Braun (for himself 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 ban anticompetitive terms in facility and insurance contracts that
limit access to higher quality, lower cost care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Competition for Better Care
Act''.
SEC. 2. BANNING ANTICOMPETITIVE TERMS IN FACILITY AND INSURANCE
CONTRACTS THAT LIMIT ACCESS TO HIGHER QUALITY, LOWER COST
CARE.
(a) In General.--
(1) PHSA.--Section 2799A-9 of the Public Health Service Act
(42 U.S.C. 300gg-119) is amended by adding at the end the
following:
``(b) Protecting Health Plans Network Design Flexibility.--
``(1) In general.--A group health plan or a health
insurance issuer offering group or individual health insurance
coverage shall not enter into an agreement with a provider,
network or association of providers, or other service provider
offering access to a network of service providers if such
agreement, directly or indirectly--
``(A) restricts the group health plan or health
insurance issuer from--
``(i) directing or steering enrollees to
other health care providers; or
``(ii) offering incentives to encourage
enrollees to utilize specific health care
providers;
``(B) requires the group health plan or health
insurance issuer to enter into any additional contract
with an affiliate of the provider as a condition of
entering into a contract with such provider;
``(C) requires the group health plan or health
insurance issuer to agree to payment rates or other
terms for any affiliate not party to the contract of
the provider involved; or
``(D) restricts other group health plans or health
insurance issuers not party to the contract, from
paying a lower rate for items or services than the
contracting plan or issuer pays for such items or
services.
``(2) Additional requirement for self-insured plans.--A
self-insured group health plan shall not enter into an
agreement with a provider, network or association of providers,
third-party administrator, or other service provider offering
access to a network of providers if such agreement directly or
indirectly requires the group health plan to certify, attest,
or otherwise confirm in writing that the group health plan is
bound by restrictive contracting terms between the service
provider and a third-party administrator that the group health
plan is not party to, without a disclosure that such terms
exist.
``(3) Exception for certain group model issuers.--Paragraph
(1)(A) shall not apply to a group health plan or health
insurance issuer offering group or individual health insurance
coverage with respect to--
``(A) a health maintenance organization (as defined
in section 2791(b)(3)), if such health maintenance
organization operates primarily through exclusive
contracts with multi-specialty physician groups, nor to
any arrangement between such a health maintenance
organization and its affiliates; or
``(B) a value-based network arrangement, such as an
exclusive provider network, accountable care
organization or other alternative payment model, center
of excellence, a provider sponsored health insurance
issuer that operates primarily through aligned multi-
specialty physician group practices or integrated
health systems, or such other similar network
arrangements as determined by the Secretary through
rulemaking.
``(4) Attestation.--A group health plan or health insurance
issuer offering group or individual health insurance coverage
shall annually submit to, as applicable, the applicable
authority described in section 2723 or the Secretary of Labor,
an attestation that such plan or issuer is in compliance with
the requirements of this subsection.
``(c) Maintenance of Existing HIPAA, GINA, and ADA Protections.--
Nothing in this section shall modify, reduce, or eliminate the existing
privacy protections and standards provided by reason of State and
Federal law, including the requirements of parts 160 and 164 of title
45, Code of Federal Regulations (or any successor regulations).
``(d) Regulations.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of the Treasury, not later than 1
year after the date of enactment of this section, shall promulgate
regulations to carry out this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to limit network design or cost or quality initiatives by a
group health plan or health insurance issuer, including accountable
care organizations, exclusive provider organizations, networks that
tier providers by cost or quality or steer enrollees to centers of
excellence, or other pay-for-performance programs.
``(f) Clarification With Respect to Antitrust Laws.--Compliance
with this section does not constitute compliance with the antitrust
laws, as defined in subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12(a)).''.
(2) ERISA.--Section 724 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185m) is amended by adding at
the end the following:
``(b) Protecting Health Plans Network Design Flexibility.--
``(1) In general.--A group health plan or a health
insurance issuer offering group health insurance coverage shall
not enter into an agreement with a provider, network or
association of providers, or other service provider offering
access to a network of service providers if such agreement,
directly or indirectly--
``(A) restricts the group health plan or health
insurance issuer from--
``(i) directing or steering enrollees to
other health care providers; or
``(ii) offering incentives to encourage
enrollees to utilize specific health care
providers;
``(B) requires the group health plan or health
insurance issuer to enter into any additional contract
with an affiliate of the provider as a condition of
entering into a contract with such provider;
``(C) requires the group health plan or health
insurance issuer to agree to payment rates or other
terms for any affiliate not party to the contract of
the provider involved; or
``(D) restricts other group health plans or health
insurance issuers not party to the contract, from
paying a lower rate for items or services than the
contracting plan or issuer pays for such items or
services.
``(2) Additional requirement for self-insured plans.--A
self-insured group health plan shall not enter into an
agreement with a provider, network or association of providers,
third-party administrator, or other service provider offering
access to a network of providers if such agreement directly or
indirectly requires the group health plan to certify, attest,
or otherwise confirm in writing that the group health plan is
bound by restrictive contracting terms between the service
provider and a third-party administrator that the group health
plan is not party to, without a disclosure that such terms
exist.
``(3) Exception for certain group model issuers.--Paragraph
(1)(A) shall not apply to a group health plan or health
insurance issuer offering group health insurance coverage with
respect to--
``(A) a health maintenance organization (as defined
in section 733(b)(3)), if such health maintenance
organization operates primarily through exclusive
contracts with multi-specialty physician groups, nor to
any arrangement between such a health maintenance
organization and its affiliates; or
``(B) a value-based network arrangement, such as an
exclusive provider network, accountable care
organization or other alternative payment model, center
of excellence, a provider sponsored health insurance
issuer that operates primarily through aligned multi-
specialty physician group practices or integrated
health systems, or such other similar network
arrangements as determined by the Secretary through
rulemaking.
``(4) Attestation.--A group health plan or health insurance
issuer offering group health insurance coverage shall annually
submit to the Secretary of Labor an attestation that such plan
or issuer is in compliance with the requirements of this
subsection.
``(c) Maintenance of Existing HIPAA, GINA, and ADA Protections.--
Nothing in this section shall modify, reduce, or eliminate the existing
privacy protections and standards provided by reason of State and
Federal law, including the requirements of parts 160 and 164 of title
45, Code of Federal Regulations (or any successor regulations).
``(d) Regulations.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of the
Treasury, not later than 1 year after the date of enactment of this
section, shall promulgate regulations to carry out this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to limit network design or cost or quality initiatives by a
group health plan or health insurance issuer, including accountable
care organizations, exclusive provider organizations, networks that
tier providers by cost or quality or steer enrollees to centers of
excellence, or other pay-for-performance programs.
``(f) Clarification With Respect to Antitrust Laws.--Compliance
with this section does not constitute compliance with the antitrust
laws, as defined in subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12(a)).''.
(3) IRC.--Section 9824 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(b) Protecting Health Plans Network Design Flexibility.--
``(1) In general.--A group health plan shall not enter into
an agreement with a provider, network or association of
providers, or other service provider offering access to a
network of service providers if such agreement, directly or
indirectly--
``(A) restricts the group health plan from--
``(i) directing or steering enrollees to
other health care providers; or
``(ii) offering incentives to encourage
enrollees to utilize specific health care
providers;
``(B) requires the group health plan to enter into
any additional contract with an affiliate of the
provider as a condition of entering into a contract
with such provider;
``(C) requires the group health plan to agree to
payment rates or other terms for any affiliate not
party to the contract of the provider involved; or
``(D) restricts other group health plans not party
to the contract, from paying a lower rate for items or
services than the contracting plan pays for such items
or services.
``(2) Additional requirement for self-insured plans.--A
self-insured group health plan shall not enter into an
agreement with a provider, network or association of providers,
third-party administrator, or other service provider offering
access to a network of providers if such agreement directly or
indirectly requires the group health plan to certify, attest,
or otherwise confirm in writing that the group health plan is
bound by restrictive contracting terms between the service
provider and a third-party administrator that the group health
plan is not party to, without a disclosure that such terms
exist.
``(3) Exception for certain group model issuers.--Paragraph
(1)(A) shall not apply to a group health plan with respect to--
``(A) a health maintenance organization (as defined
in section 9832(b)(3)), if such health maintenance
organization operates primarily through exclusive
contracts with multi-specialty physician groups, nor to
any arrangement between such a health maintenance
organization and its affiliates; or
``(B) a value-based network arrangement, such as an
exclusive provider network, accountable care
organization or other alternative payment model, center
of excellence, a provider sponsored health insurance
issuer that operates primarily through aligned multi-
specialty physician group practices or integrated
health systems, or such other similar network
arrangements as determined by the Secretary through
rulemaking.
``(4) Attestation.--A group health plan shall annually
submit to the Secretary of Labor an attestation that such plan
is in compliance with the requirements of this subsection.
``(c) Maintenance of Existing HIPAA, GINA, and ADA Protections.--
Nothing in this section shall modify, reduce, or eliminate the existing
privacy protections and standards provided by reason of State and
Federal law, including the requirements of parts 160 and 164 of title
45, Code of Federal Regulations (or any successor regulations).
``(d) Regulations.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of Labor, not
later than 1 year after the date of enactment of this section, shall
promulgate regulations to carry out this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to limit network design or cost or quality initiatives by a
group health plan, including accountable care organizations, exclusive
provider organizations, networks that tier providers by cost or quality
or steer enrollees to centers of excellence, or other pay-for-
performance programs.
``(f) Clarification With Respect to Antitrust Laws.--Compliance
with this section does not constitute compliance with the antitrust
laws, as defined in subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12(a)).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any contract entered into on or after the date
that is 18 months after the date of enactment of this Act. With respect
to an applicable contract that is in effect on the date of enactment of
this Act, such amendments shall apply on the earlier of the date of
renewal of such contract or 3 years after such date of enactment.
<all>
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118S1452 | Community Mental Wellness and Resilience Act of 2023 | [
[
"M000133",
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"sponsor"
],
[
"M001176",
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[
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"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1452 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1452
To promote mental wellness and resilience and prevent and heal mental
health, behavioral health, and psychosocial conditions through
developmentally and culturally appropriate community programs, and
award grants for the purpose of establishing, operating, or expanding
community-based mental wellness and resilience programs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Markey (for himself, Mr. Merkley, Mr. Blumenthal, and Mr.
Whitehouse) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To promote mental wellness and resilience and prevent and heal mental
health, behavioral health, and psychosocial conditions through
developmentally and culturally appropriate community programs, and
award grants for the purpose of establishing, operating, or expanding
community-based mental wellness and resilience 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 ``Community Mental Wellness and
Resilience Act of 2023''.
SEC. 2. GRANT PROGRAM FOR COMMUNITY MENTAL WELLNESS AND RESILIENCE
PROGRAMS.
Title III of the Public Health Service Act is amended by inserting
after section 317V, as added by section 2201 of the PREVENT Pandemics
Act (Public Law 117-328) the following:
``SEC. 317W. GRANT PROGRAM FOR COMMUNITY MENTAL WELLNESS AND RESILIENCE
PROGRAMS.
``(a) Grants.--
``(1) Planning grants.--
``(A) Awards.--The Secretary, acting through the
Director of the Centers for Disease Control and
Prevention, in consultation with the Assistant
Secretary for Mental Health and Substance Use and the
Administrator of the Health Resources and Services
Administration, shall award grants to eligible
organizations--
``(i) to organize a resilience coordinating
network;
``(ii) to perform assessments of need with
respect to community mental wellness and
resilience; and
``(iii) to prepare an application for a
grant under paragraph (2).
``(B) Amount.--The amount of a grant under
subparagraph (A), with respect to any eligible
organization seeking such a grant shall not exceed
$250,000.
``(C) Eligible organization defined.--In this
paragraph, the term `eligible organization' means an
organization that--
``(i) is a nonprofit or community-based
entity eligible to be a part of the resilience
coordinating network under subsection (c); and
``(ii) has documented support from at least
3 other such entities.
``(2) Program grants.--
``(A) Awards.--The Secretary, acting through the
Director of the Centers for Disease Control and
Prevention, in consultation with the Assistant
Secretary for Mental Health and Substance Use and the
Administrator of the Health Resources and Services
Administration, shall carry out a program of awarding
grants to resilience coordinating networks, on a
competitive basis, for the purpose of establishing,
operating, or expanding community mental wellness and
resilience programs.
``(B) Amount.--The amount of a grant under
subparagraph (A) shall not exceed $500,000 each year
over a period not to exceed 4 years.
``(C) Rural set aside.--
``(i) In general.--Of the funds
appropriated to carry out this section for a
fiscal year, 20 percent of such funds shall be
reserved to award grants to community mental
wellness and resilience programs in rural
areas.
``(ii) Rural area described.--For purposes
of clause (i), a rural area is a region outside
of an urban or suburban area.
``(iii) Inclusion.--For purposes of clause
(ii), a rural area may include individuals and
organizations from multiple towns in the county
or region involved.
``(b) Program Requirements.--A program carried out using funds
awarded under subsection (a)(2) shall take a public health approach to
mental health prevention and promotion, using the best available
evidence, to strengthen the entire community's psychological and
emotional wellness and resilience, including by--
``(1) collecting and analyzing information from residents
of the community as well as quantitative data to identify--
``(A) protective factors that enhance and sustain
the community's capacity for mental wellness and
resilience; and
``(B) risk factors that undermine such capacity;
``(2) strengthening such protective factors and addressing
such risk factors;
``(3) building awareness, skills, tools, and leadership in
the community to--
``(A) facilitate using a public health approach to
mental health; and
``(B) detect, prevent, and heal mental health,
behavioral health, and psychosocial conditions among
all adults and youth; and
``(4) developing, implementing, and continually evaluating
and improving a comprehensive strategic plan for carrying out
the activities described in paragraphs (1), (2) and (3) that
includes utilizing developmentally, linguistically, and
culturally appropriate evidence-based, evidence-informed,
promising-best, or indigenous practices for--
``(A) engaging residents in building social
connections, including across cultural, geographic, and
economic boundaries;
``(B) enhancing local economic, social, and
environmental conditions, including with respect to the
build environment;
``(C) becoming trauma-informed and learning simple
self-administrable mental wellness and resilience
skills;
``(D) engaging in community activities that
strengthen mental wellness and resilience;
``(E) partaking in nonclinical group and community-
minded prevention and recovery programs; and
``(F) other activities to promote mental wellness
and resilience and prevent or heal individual and
community traumas.
``(c) Resilience Coordinating Network.--
``(1) In general.--In this section, the term `resilience
coordinating network' means a network that is composed of 1 or
more representatives from at least 5 of the categories listed
in paragraph (2).
``(2) Categories.--The categories listed in this paragraph
are the following:
``(A) Grassroots groups, community-based
organizations, neighborhood associations, and volunteer
civic organizations.
``(B) Elementary and secondary schools, high-needs
schools, institutions of higher education, including
community colleges, job-training programs, and other
education or training agencies or organizations.
``(C) Youth serving organizations, such as youth
after-school and summer programs.
``(D) Parental, family, and early childhood
education programs.
``(E) Faith and spirituality organizations.
``(F) Senior care organizations.
``(G) Climate change mitigation and adaptation, and
environmental conservation, groups and organizations.
``(H) Social and environmental justice groups and
organizations.
``(I) Disaster preparedness and emergency response
groups and organizations.
``(J) Businesses and business associations.
``(K) Organizations involved with community safety,
security, and the justice system.
``(L) Social work, mental health, behavioral
health, substance use, physical health, public health,
and other professionals, groups, organizations,
agencies, and institutions in the human health and
social services fields.
``(M) The general public, including individuals who
have experienced adverse mental health or behavioral
health conditions who can represent and engage with
populations relevant to the community.
``(d) Technical Assistance.--The Secretary shall provide, directly
or through grants to, or contracts with public or private entities, to
eligible organizations and resilience coordinating networks technical
assistance--
``(1) in developing applications for grants under paragraph
(1) or (2) of subsection (a); and
``(2) by sharing best practices learned from resilience
coordinating networks.
``(e) Report.--
``(1) Submission.--Not later than December 31, 2028, the
Secretary shall submit a report to Congress on the results of
the grants under subsection (a)(1).
``(2) Contents.--Such report shall include a summary of the
best practices used by grantees in establishing, operating, or
expanding community mental wellness and resilience programs,
and the outputs and outcomes achieved.
``(f) Definitions.--In this section:
``(1) The term `public health approach to mental health'
refers to methods that--
``(A) take a population-level approach to promote
mental wellness and resilience to prevent problems
before they emerge, intervene before they become more
severe, and heal them when they do appear, not merely
treating individuals one at a time after symptoms of
pathology appear; and
``(B) address mental health and psychosocial
problems by--
``(i) identifying and strengthening
existing protective factors, and forming new
ones, that buffer people from and enhance their
capacity for psychological, emotional, and
behavioral wellness and resilience for
adversities;
``(ii) taking a holistic systems
perspective that recognizes that most mental
health, behavioral health, and psychosocial
conditions result from numerous interrelated
personal, family, social, economic, and
environmental factors that require multipronged
community-based interventions; and
``(iii) using the best available evidence
to take action and implement strategies that
support mental health prevention and recovery
efforts.
``(2) The term `community' means people, groups, and
organizations that reside in or work within a specific
geographic area, such as a city, neighborhood, subdivision, or
urban, suburban, or rural locale.
``(3) The term `community trauma' means a traumatic event
or events that are shared by a community and that have lasting
adverse effects on the health and well-being of the community.
``(4) The term `protective factors' means strengths,
skills, resources, and characteristics that--
``(A) are associated with a lower likelihood of
negative outcomes of adversities; or
``(B) reduce the impact on people of toxic stresses
or a traumatic experience.
``(5) The term `mental wellness' means a state of well-
being in which an individual experiences positive emotional
functioning, pursues self-defined goals, establishes and
maintains meaningful relationships, and feels a sense of
meaning and purpose. At the individual level, well-being is
based on fundamental social, cognitive, and emotional skills
that help individuals react, cope, and adapt in healthy ways to
stress, uncertainty, adversity, trauma, and change. At the
community level, well-being is influenced by the social,
economic, educational, and environmental factors and conditions
that either enhance or diminish well-being within the
community.
``(6) The term `psychosocial problem' refers to social and
environmental structures and processes that adversely effect
and influence an individual's mental state.
``(7) The term `resilience' means that people develop
cognitive, psychological, emotional capabilities and social
connections that enable them to calm their body, mind,
emotions, and behaviors during toxic stresses or traumatic
experiences in ways that enable them to--
``(A) respond without negative consequences for
themselves or others; and
``(B) use the experiences as catalysts to develop a
constructive new sense of meaning, purpose, and hope.
``(8) The term `toxic stress' means exposure to prolonged,
severe, and stressful situations with no period of recovery or
support.
``(g) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated $36,000,000 for the period of
fiscal years 2024 through 2028.
``(2) Limitation.--Of the amount made available to carry
out this section for a fiscal year, not more than 5 percent of
such funds may be used to carry out subsection (d).''.
<all>
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118S1453 | LOCAL Infrastructure Act | [
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"sponsor"
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"S000770",
"Sen. Stabenow, Debbie [D-MI]",
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... | <p><b>Lifting Our Communities through Advance Liquidity for Infrastructure Act or the LOCAL Infrastructure Act</b></p> <p>This bill reinstates tax provisions relating to advance refunding bonds. An<i> advance refunding bond </i>is a tax-exempt bond issued by a state or municipality to refinance or consolidate existing bond obligations. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1453 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1453
To amend the Internal Revenue Code of 1986 to reinstate advance
refunding bonds.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Wicker (for himself, Ms. Stabenow, Mr. Braun, Mrs. Britt, Mr.
Barrasso, Mr. Boozman, Ms. Lummis, Mrs. Shaheen, Mrs. Feinstein, Mr.
Van Hollen, Ms. Sinema, Ms. Klobuchar, Mr. Blumenthal, Ms. Hassan, Ms.
Baldwin, Mr. Menendez, and Mr. Bennet) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to reinstate advance
refunding bonds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifting Our Communities through
Advance Liquidity for Infrastructure Act'' or the ``LOCAL
Infrastructure Act''.
SEC. 2. REINSTATEMENT OF ADVANCE REFUNDING BONDS.
(a) In General.--The amendments made by section 13532 of Public Law
115-97 are repealed and the provisions of law amended by such section
are restored as if such section had never been enacted.
(b) Effective Date.--The repeal made by this section shall take
effect on the date of enactment of this Act.
<all>
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