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118S1544 | Facilitating Innovative Nuclear Diagnostics 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. 1544 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1544
To amend title XVIII of the Social Security Act to ensure equitable
payment for, and preserve Medicare beneficiary access to, diagnostic
radiopharmaceuticals under the Medicare hospital outpatient prospective
payment system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mrs. Blackburn (for herself and Ms. Baldwin) 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 ensure equitable
payment for, and preserve Medicare beneficiary access to, diagnostic
radiopharmaceuticals under the Medicare hospital outpatient prospective
payment system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facilitating Innovative Nuclear
Diagnostics Act of 2023''.
SEC. 2. SEPARATE PAYMENT FOR CERTAIN DIAGNOSTIC RADIOPHARMACEUTICALS.
(a) In General.--Section 1833(t)(16) of the Social Security Act (42
U.S.C. 1395l(t)(16)) is amended by adding at the end the following new
subparagraph:
``(H) Separate payment for certain diagnostic
radiopharmaceuticals.--
``(i) In general.--Notwithstanding any
other provision of this subsection, with
respect to services furnished on or after
January 1, 2024, the Secretary shall not
package, and shall make a separate payment as
specified in clause (ii) for a diagnostic
radiopharmaceutical (as defined in clause (v))
with an estimated mean per day product cost
equal to or exceeding the threshold specified
in clause (iii).
``(ii) Separate payment.--For purposes of
clause (i), the separate payment specified in
this subclause for a diagnostic
radiopharmaceutical described in clause (i)
shall be equal to--
``(I) the average sales price for
the drug established under section
1847A, to the extent the average sales
price is available, as calculated and
adjusted by the Secretary to the extent
such adjustment is adopted for other
specified covered outpatient drugs
under paragraph (14)(A); or
``(II) if the data necessary to
calculate the average sales price for
the drug in the year under the section
and paragraph specified in subclause
(I) is not available, the wholesale
acquisition cost (as defined in section
1847A(c)(6)(B)), as calculated and
adjusted by the Secretary to the extent
such adjustment is adopted for other
specified covered outpatient drugs
under paragraph (14)(A), or, if the
wholesale acquisition cost is not
available, the mean unit cost data
derived from hospital claims data.
Nothing in this subparagraph shall be construed
as affecting the eligibility of diagnostic
radiopharmaceuticals for pass-through payments
under paragraph (6).
``(iii) Threshold.--For purposes of this
subparagraph, the threshold specified in this
clause--
``(I) for 2024, is $500; and
``(II) for a subsequent year, is
the amount specified in this clause for
the preceding year increased by the OPD
fee schedule increase factor under
paragraph (3)(C)(iv) for the year.
``(iv) Budget neutrality.--The Secretary
shall make such adjustments as are necessary
under paragraph (9)(B) to ensure that the
amount of expenditures under this subsection
for a year with application of this
subparagraph is equal to the amount of
expenditures that would be made under this
subsection for such year without application of
this subparagraph.
``(v) Definition of diagnostic
radiopharmaceutical.--For purposes of this
subparagraph, the term `diagnostic
radiopharmaceutical' means a drug or biological
that is described in section 315.2(a) of title
21, Code of Federal Regulations, or any
successor regulation, and is approved by the
Food and Drug Administration on or after
January 1, 2008.''.
(b) No Impact on Copayment.--Section 1833(t)(8)(E) of the Social
Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended--
(1) in the heading, by inserting ``and separate payments
for certain diagnostic radiopharmaceuticals'' after ``pass-
through adjustments''; and
(2) by inserting ``and paragraph (16)(H)'' after ``such
adjustments)''.
<all>
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118S1545 | Veterans Health Care Freedom Act | [
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1545 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1545
To direct the Secretary of Veterans Affairs to carry out a pilot
program to improve the ability of veterans to access medical care in
medical facilities of the Department of Veterans Affairs and in the
community by providing veterans the ability to choose health care
providers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mrs. Blackburn (for herself, Mr. Rounds, Mr. Cramer, and Mr.
Tuberville) introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to carry out a pilot
program to improve the ability of veterans to access medical care in
medical facilities of the Department of Veterans Affairs and in the
community by providing veterans the ability to choose health care
providers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Freedom Act''.
SEC. 2. PILOT PROGRAM ON ABILITY OF VETERANS TO CHOOSE HEALTH CARE
PROVIDERS.
(a) Pilot Program.--
(1) Requirement.--The Secretary of Veterans Affairs, acting
through the Center for Innovation for Care and Payment of the
Department of Veterans Affairs, shall carry out a pilot program
to improve the ability of eligible veterans to access hospital
care, medical services, and extended care services through the
covered care system by providing eligible veterans the ability
to choose health care providers.
(2) Locations.--The Secretary shall select a minimum of
four Veterans Integrated Service Networks in which to carry out
the pilot program.
(b) Removal of Certain Requirements To Access Care.--In carrying
out the pilot program, the Secretary shall furnish hospital care,
medical services, and extended care services to eligible veterans
through the covered care system as follows:
(1) At medical facilities of the Department of Veterans
Affairs, regardless of whether the facility is in the same
Veterans Integrated Service Network as the Network in which the
veteran resides.
(2) At non-Department facilities pursuant to, as
appropriate--
(A) section 1703 of title 38, United States Code,
without regard to the requirements specified in
subsection (d) of such section; or
(B) section 1703A of such title, without regard to
whether the care or service is not feasibly available
to the eligible veteran from a facility of the
Department or through a contract or sharing agreement
entered into pursuant to a provision of law other than
such section as required under subparagraphs (A) and
(C) of subsection (a)(1) of such section.
(c) Election of Veteran.--In accordance with subsections (d) and
(e), an eligible veteran participating in the pilot program may elect
to receive hospital care, medical services, and extended care services
at any provider in the covered care system.
(d) Coordination of Care.--
(1) Selection.--Each eligible veteran participating in the
pilot program shall select a primary care provider in the
covered care system.
(2) Coordination.--The primary care provider of an eligible
veteran selected under paragraph (1) shall--
(A) coordinate with the Secretary and other health
care providers the hospital care, medical services, and
extended care services furnished to the veteran under
the pilot program; and
(B) refer the veteran to specialty care providers
in the covered care system, as clinically necessary.
(3) Systems.--The Secretary shall establish systems as the
Secretary determines appropriate to ensure that a primary care
provider can effectively coordinate the hospital care, medical
services, and extended care services furnished to a veteran
under the pilot program.
(e) Specialty Care.--
(1) Access.--Subject to subsection (d)(2)(B), an eligible
veteran participating in the pilot program may select any
specialty care provider in the covered care system from which
to receive specialty care.
(2) Designation.--The Secretary may designate a specialty
care provider as a primary care provider of an eligible veteran
participating in the pilot program if the Secretary determines
that such designation is in the health interests of the veteran
(such as an endocrinologist with respect to a veteran diagnosed
with diabetes, a neurologist with respect to a veteran
diagnosed with Parkinson's disease, or an obstetrician-
gynecologist with respect to a female veteran).
(f) Mental Health Care.--An eligible veteran participating in the
pilot program may select a mental health care provider in the covered
care system from which to receive mental health care.
(g) Information.--In carrying out the pilot program, the Secretary
shall furnish to eligible veterans the information on eligibility, cost
sharing, treatments, and providers required for veterans to make
informed decisions with respect to--
(1) selecting primary care providers and specialty care
providers; and
(2) treatments available to the veteran.
(h) Duration.--
(1) Phase in.--The Secretary shall carry out the pilot
program during the three-year period beginning on the date that
is one year after the date of the enactment of this Act.
(2) Permanent requirement.--
(A) Veterans community care program.--Section
1703(d) of title 38, United States Code, is amended--
(i) in paragraph (1), by striking ``The
Secretary shall'' and inserting ``Except as
provided by paragraph (4), the Secretary
shall''; and
(ii) by adding at the end the following new
paragraph:
``(4) Beginning on the date that is four years after the date of
the enactment of the Veterans Health Care Freedom Act--
``(A) the requirements under paragraphs (1), (2), and (3)
shall not apply with respect to furnishing hospital care,
medical services, and extended care services to a covered
veteran under this section; and
``(B) the Secretary shall furnish hospital care, medical
services, and extended care services to a covered veteran under
this section with the same conditions on the ability of the
veteran to choose health care providers as specified in the
pilot program described in section 2 of such Act.''.
(B) Veterans care agreements.--Section 1703A(a)(1)
of such title is amended--
(i) in subparagraph (C), by striking ``For
purposes'' and inserting ``Except as provided
by subparagraph (E), for purposes''; and
(ii) by adding at the end the following new
subparagraph:
``(E) Beginning on the date that is four years after the date of
the enactment of the Veterans Health Care Freedom Act--
``(i) the requirement under subparagraph (A) and (C) that
care or services may only be furnished under this section to
covered individuals when such care or services are not feasibly
available to the covered individual from a facility of the
Department or through a contract or sharing agreement entered
into pursuant to a provision of law other than this section
shall not apply with respect to furnishing hospital care,
medical services, and extended care services to a covered
individual under this section; and
``(ii) the Secretary shall furnish hospital care, medical
services, and extended care services to a covered individual
under this section with the same conditions on the ability of
the individual to choose health care providers as specified in
the pilot program described in section 2 of such Act.''.
(C) VISNs.--Beginning on the date that is four
years after the date of the enactment of this Act, the
Secretary shall furnish hospital care, medical
services, and extended care services to veterans under
chapter 17 of title 38, United States Code, at medical
facilities of the Department of Veterans Affairs,
regardless of whether the facility is in the same
Veterans Integrated Service Network as the Network in
which the veteran resides.
(i) Reports.--
(1) Implementation.--
(A) In general.--On a quarterly basis during the
two-year period beginning on 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 implementation of the
pilot program.
(B) Final design.--One of the reports required
under subparagraph (A) shall contain a description of
the final design of the pilot program.
(2) Annual.--On an annual basis during the period beginning
on the date that is one year after the date of the submission
of the final report under paragraph (1) and ending on the date
of the conclusion of the pilot program, 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 results of the pilot program.
(j) Regulations.--The Secretary, in consultation with the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives, may prescribe regulations to
carry out this section.
(k) No Additional Appropriations.--No additional funds are
authorized to be appropriated to carry out this section and the
amendments made by this section, and this section and the amendments
made by this section shall be carried out using amounts otherwise made
available to the Veterans Health Administration.
(l) Definitions.--In this section:
(1) Covered care system.--The term ``covered care system''
means each--
(A) medical facility of the Department;
(B) health care provider specified in subsection
1703(c) of title 38, United States Code; and
(C) eligible entity or provider that has entered
into a Veterans Care Agreement under section 1703A of
such title.
(2) Eligible veteran.--The term ``eligible veteran'' means
a veteran who is enrolled in the patient enrollment system of
the Department of Veterans Affairs under section 1705 of title
38, United States Code.
(3) Hospital care; medical services; non-department
facilities.--The terms ``hospital care'', ``medical services'',
and ``non-Department facilities'' have the meanings given those
terms in section 1701 of title 38, United States Code.
<all>
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118S1546 | Teaching Asian Pacific American History Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1546
To authorize the Secretary of Education to award grants to eligible
entities to carry out educational programs that include the history of
peoples of Asian, Native Hawaiian, and Pacific Islander descent in the
settling and founding of America, the social, economic, and political
environments that led to the development of discriminatory laws
targeting Asians, Native Hawaiians, and Pacific Islanders and their
relation to current events, and the impact and contributions of Asian
Americans, Native Hawaiians, and Pacific Islanders to the development
and enhancement of American life, United States history, literature,
the economy, politics, body of laws, and culture, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Ms. Hirono (for herself, Mr. Booker, Ms. Cortez Masto, Mrs. Feinstein,
Mrs. Gillibrand, Ms. Klobuchar, Mr. Padilla, Ms. Rosen, Ms. Smith, Ms.
Warren, and Mr. Lujan) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To authorize the Secretary of Education to award grants to eligible
entities to carry out educational programs that include the history of
peoples of Asian, Native Hawaiian, and Pacific Islander descent in the
settling and founding of America, the social, economic, and political
environments that led to the development of discriminatory laws
targeting Asians, Native Hawaiians, and Pacific Islanders and their
relation to current events, and the impact and contributions of Asian
Americans, Native Hawaiians, and Pacific Islanders to the development
and enhancement of American life, United States history, literature,
the economy, politics, body of laws, and culture, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teaching Asian Pacific American
History Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has benefitted from the integral role
Asian Americans and Pacific Islanders have played in our
Nation's history and contributions to the world.
(2) The Pacific Island Territories of Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands, and all
of the Pacific Islands, including Melanesia, Micronesia, and
Polynesia, have unique histories that are often overlooked in
American history despite their immense contributions to our
Nation.
(3) The traditional American history curriculum for
kindergarten through grade 12 continues to be taught from a
Eurocentric point of view and excludes histories of racist
immigration laws relevant to policies today.
(4) Social studies textbooks for kindergarten through grade
12 poorly represent Asian Americans and Pacific Islanders,
overlook the diversity within those communities, and print
images of Asian Americans and Pacific Islanders in
stereotypical roles.
(5) The Federal Government, through support for educational
activities of national museums established under Federal law,
can assist teachers in efforts to incorporate historically
accurate instruction on the comprehensive history of Asian
Americans and Pacific Islanders and assist students in their
exploration of Asian Pacific American history as an integral
part of American history.
(6) The history of America's system of immigration is rife
with racism, embedded with goals of hiring workers to work for
cheaper wages and labor in heinous working conditions.
(7) Congress has continuously passed anti-Asian laws as the
result of the scapegoating of Asian immigrant laborers for
economic downturns in the United States.
(8) The history of South Asian Americans in the United
States dates back to the late 1700s.
(9) The history of Native Hawaiians and Pacific Islanders
in what is now considered to be the United States predates the
founding of our Nation.
(10) In 1993, Congress passed a joint resolution that was
signed into law formally apologizing for the role of the United
States in the illegal overthrow of the Kingdom of Hawaii, which
resulted in the suppression of the inherent sovereignty of the
Native Hawaiian people.
(11) Twelve thousand Chinese laborers worked in atrocious
conditions to build the Transcontinental Railroad, many dying
from harsh weather conditions and the dangers of handling
explosives.
(12) The Page Act of 1875, the first restrictive
immigration law in the United States, sought to prevent the
entry of Asian women perceived as immoral or suspected of
prostitution.
(13) After the Chinese Exclusion Act of 1882 banned Chinese
immigrants from immigrating to the United States, Japanese
immigrants were hired. After the Japanese were banned from
immigrating due to the Gentleman's Agreement of 1907, which
halted immigration from Japan, Filipino immigrants were hired
under 3-year contracts.
(14) Filipino farm workers helped found the farm worker
labor movement in the United States.
(15) The Immigration Act of 1917 restricted immigration to
the United States by barring immigration from the Asia-Pacific
zone.
(16) The Immigration Act of 1924 set a national origin
quota to deter immigration.
(17) President Franklin D. Roosevelt's Executive Order 9066
authorized the incarceration of more than 120,000 persons of
Japanese ancestry, two-thirds of whom were American citizens,
based solely on race.
(18) Beginning in 1954, the United States displaced more
than 3,000,000 refugees from Cambodia, Laos, and Vietnam due to
covert and overt United States military operations in Southeast
Asia.
(19) The Immigration Act of 1965 made family unification
and skills-based migration the bedrock principle of immigration
to the United States.
(20) The nuclear testing conducted by the United States on
the Bikini and Enewetak Atoll of the Marshall Islands has made
parts of the island nation uninhabitable and caused forced
migration and health complications that still impact the
community today.
(21) The United States ratified a Compact of Free
Association with the Federated States of Micronesia, Republic
of the Marshall Islands, and the Republic of Palau enabling
citizens of these Pacific Island nations to legally migrate to
the United States visa-free while the United States retains
certain strategic military rights over their territorial
waters.
(22) In the aftermath of the Vietnam War, the Refugee Act
of 1980 helped more than 500,000 Southeast Asians gain
permanent resident status in the United States within the first
decade of its passage.
(23) The Pacific Islander community represents the largest
concentration of any ethnic group enlisted in the United States
military, as well as representing the highest numbers of
casualties in recent wars.
(24) The ``model minority'' myth perpetuates the stigma of
Asian Americans as perpetual foreigners, and such stereotypes
are used to pit minority groups against one another.
(25) The pattern of hate crimes and hate incidents directed
at Asians and Asian Americans has repeated itself throughout
history.
(26) Asian American and African American histories of
fighting against oppression and racism are intertwined, from
the Black Power Movement of the 1960s that birthed the Asian
American Movement to civil rights protests in present day.
(27) Asian Americans and Pacific Islanders and their allies
continue to fight discrimination, racial prejudice, hate
crimes, scapegoating, structural racism, economic inequities,
and benign and overt omission of the integral role they played
in the development of this Nation.
SEC. 3. AMERICAN HISTORY AND CIVICS EDUCATION.
(a) Program Authorized.--Section 2231(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6661(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
which shall include Asian Pacific American history,'' after
``American history''; and
(2) in paragraph (2)--
(A) by inserting ``which shall include Asian
Pacific American history,'' after ``American
history,''; and
(B) by inserting ``, which shall include Asian
Pacific American history'' after ``traditional American
history''.
(b) Presidential and Congressional Academies for American History
and Civics.--Section 2232 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6662) is amended--
(1) in subsection (c)(1), by inserting ``, which shall
include Asian Pacific American history,'' after ``American
history'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``, which shall include Asian
Pacific American history,'' after ``American
history'';
(ii) in subparagraph (A)--
(I) by inserting ``, which shall
include Asian Pacific American
history,'' after ``teachers of American
history''; and
(II) by inserting ``, which shall
include Asian Pacific American
history,'' after ``subjects of American
history''; and
(iii) in subparagraph (B), by inserting ``,
which shall include Asian Pacific American
history,'' after ``American history'';
(B) in paragraph (2), by inserting ``, which shall
include Asian Pacific American history,'' after
``American history''; and
(C) in paragraph (4), by inserting ``, and with the
Smithsonian Institution's Asian Pacific American Center
to provide programs and resources for educators and
students'' after ``National Parks''; and
(3) in paragraph (1) of subsection (f)--
(A) in the matter preceding subparagraph (A), by
inserting ``including Asian Pacific American history''
after ``American history'';
(B) in subparagraph (A), by inserting ``, which
shall include Asian Pacific American history,'' after
``American history''; and
(C) in subparagraph (B), by inserting ``, which
shall include Asian Pacific American history,'' after
``American history''.
(c) National Activities.--Section 2233 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6663) is amended--
(1) in subsection (a), by inserting ``which shall include
Asian Pacific American history,'' after ``American history,'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``which shall include Asian Pacific American
history,'' after ``American history,''; and
(B) in paragraph (1)(A), by inserting ``which shall
include Asian Pacific American history,'' after
``American history,''.
(d) National Assessment of Educational Progress.--Section
303(b)(2)(D) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(2)(D)) is amended by inserting
``(which shall include Asian Pacific American history)'' after
``history''.
<all>
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118S1547 | Reach Every Mother and Child Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1547 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1547
To amend the Foreign Assistance Act of 1961 to implement policies to
end preventable maternal, newborn, and child deaths globally.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Ms. Collins (for herself, Mr. Coons, Mr. Wicker, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Foreign Assistance Act of 1961 to implement policies to
end preventable maternal, newborn, and child deaths globally.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reach Every Mother and Child Act of
2023''.
SEC. 2. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD
DEATHS GLOBALLY.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by adding at the end of chapter I of part I the following new
section:
``SEC. 138. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD
DEATHS GLOBALLY.
``(a) Purpose.--The purpose of this section is to implement a
strategic approach for providing foreign assistance in order to end
preventable child and maternal deaths globally by 2030.
``(b) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the United States Agency for International
Development.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
``(3) Coordinator.--The term `Coordinator' means the Child
and Maternal Survival Coordinator designated under subsection
(e).
``(4) International maternal and child health and nutrition
programs.--The term `international maternal and child health
and nutrition programs' means all programs carried out using
funds appropriated or otherwise made available for
international maternal and child health and nutrition that are
managed by the Bureau for Global Health, missions, or other
operating units of the United States Agency for International
Development.
``(5) Most vulnerable populations.--The term `most
vulnerable populations' includes adolescents, populations in
conflict-affected or fragile areas, indigenous populations,
religious minorities, individuals with disabilities, and the
poorest quintile in urban and remote locations.
``(6) Priority countries.--The term `priority countries'
means countries that have the greatest need and highest burden
of child and maternal deaths, taking into consideration
countries that--
``(A) have high-need communities in fragile states
or conflict-affected states;
``(B) are low- or middle-income countries; or
``(C) are located in regions with weak health
systems.
``(7) Relevant partner entities.--The term `relevant
partner entities' means each of the following:
``(A) The governments of other donor countries.
``(B) International financial institutions.
``(C) Nongovernmental organizations.
``(D) Faith-based organizations.
``(E) Professional organizations.
``(F) The private sector.
``(G) Multilateral organizations.
``(H) Local and international civil society groups.
``(I) Local health workers.
``(J) International organizations.
``(c) Statement of Policy.--It is the policy of the United States,
in partnership with priority countries and relevant partner entities,
to establish and implement a coordinated, integrated, and comprehensive
strategy to end preventable child and maternal deaths and ensure
healthy and productive lives by--
``(1) focusing on bringing to scale the highest-impact,
evidence-based interventions that address the leading causes of
maternal, newborn, and child mortality in each priority
country;
``(2) ensuring equitable access to essential health
services for the most vulnerable populations, with a focus on
country and community ownership;
``(3) designing, implementing, monitoring, and evaluating
programs in a manner that enhances transparency and
accountability, increases sustainability, and improves outcomes
in priority countries; and
``(4) supporting the research, development, and
introduction of innovative tools and approaches to accelerate
progress toward ending preventable child and maternal deaths.
``(d) Strategy.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Reach Every Mother and Child Act of 2023,
the President shall establish and implement a comprehensive 5-
year strategy (in this subsection referred to as the
`strategy') to contribute toward the global goal of ending
preventable child and maternal deaths by 2030 as a foundation
for ensuring healthy and productive lives.
``(2) Leadership.--The Administrator, in coordination with
priority countries and relevant partner entities, shall lead
the establishment and implementation of the strategy.
``(3) Criteria.--The strategy shall--
``(A) identify priority countries in which the
United States Agency for International Development will
implement international maternal and child health and
nutrition programs to reduce maternal, newborn, and
child mortality and improve health outcomes;
``(B) with respect to each priority country,
identify the most significant barriers to maternal,
newborn, and child survival and establish outcome-based
targets from which progress toward addressing those
barriers through international maternal and child
health and nutrition programs can be tracked;
``(C) in coordination with relevant partner
entities, outline how the United States Agency for
International Development will implement the highest-
impact, evidence-based interventions for reducing
maternal, newborn, and child mortality and expand
access to quality services through community-based
approaches to achieve the outcome-based targets
established under subparagraph (B);
``(D) promote investments in community-based
activities that empower women, support voluntarism, and
provide respectful maternity care;
``(E) describe how the most vulnerable populations
in each priority country will be targeted and reached
with highest-impact, evidence-based interventions to
reduce maternal, newborn, and child mortality;
``(F) use United States Government strategies and
frameworks relevant to improving maternal, newborn, and
child health;
``(G) address backsliding on access to and demand
for essential health services and other key challenges
affecting maternal, newborn, and child survival caused
by the COVID-19 pandemic;
``(H) include development and scale-up of new
technologies and approaches, including those supported
by public-private partnerships, for research and
innovation;
``(I) promote coordination and efficiency within
and among the relevant executive branch agencies and
initiatives, including the United States Agency for
International Development, the Department of State, the
Department of Health and Human Services, the Centers
for Disease Control and Prevention, the National
Institutes of Health, the Millennium Challenge
Corporation, the Peace Corps, the Department of the
Treasury, the Office of the Global AIDS Coordinator,
the President's Malaria Initiative, and the United
States International Development Finance Corporation;
``(J) project general levels of resources needed to
achieve the objectives stated in the strategy; and
``(K) support the transition to domestic
sustainably financed health systems, emphasizing
partnerships that seek to ensure affordability,
accessibility, quality, and delivery of health services
in an equitable and sustainable manner.
``(4) Development of strategy.--
``(A) Consultation by administrator.--The
Administrator shall consult with missions of the United
States Agency for International Development in priority
countries, civil society, and implementing partner
organizations to inform the development of the
strategy.
``(B) Local consultation; summary.--The missions of
the United States Agency for International Development
in priority countries shall consult with relevant
partner entities and submit to the Coordinator a
summary of such consultations to inform the development
of the strategy.
``(5) Initial strategy.--A strategy meeting the criteria
described in paragraph (3) that is in effect as of the date of
the enactment of the Reach Every Mother and Child Act of 2023
is deemed to fulfill the establishment requirement under
paragraph (1).
``(e) Establishment of Child and Maternal Survival Coordinator.--
``(1) In general.--The President shall designate an
individual, selected from among employees of the United States
Agency for International Development serving in career or
noncareer positions in the Senior Executive Service or at the
level of a Deputy Assistant Administrator or higher, to serve
concurrently as the Child and Maternal Survival Coordinator.
``(2) Duties.--The Coordinator shall--
``(A) oversee--
``(i) the strategy established under
subsection (d)(1); and
``(ii) international maternal and child
health and nutrition programs, including by
representing the United States at international
and multilateral maternal and child health and
nutrition organizations;
``(B) have primary responsibility for the oversight
and coordination of all resources and international
activities of the United States Government appropriated
or used for international maternal and child health and
nutrition programs, as determined appropriate by the
Administrator;
``(C) direct the budget, planning, and staffing to
implement international maternal and child health and
nutrition programs for the purpose of ending
preventable child and maternal deaths;
``(D) lead implementation and revision of the
strategy established under subsection (d)(1) beginning
5 years after the date on which the strategy is
released;
``(E) coordinate with relevant executive branch
agencies, priority countries, and relevant partner
entities as appropriate, to carry out the strategy
established under subsection (d)(1) and to align
current and future investments with high-impact,
evidence-based interventions to save lives;
``(F) provide guidance on the design and oversight
of grants, contracts, and cooperative agreements with
nongovernmental organizations (including community,
faith-based, and civil society organizations) and
private sector entities for the purpose of carrying out
the strategy established under subsection (d)(1); and
``(G) report directly to the Administrator
regarding implementation of the strategy established
under subsection (d)(1).
``(3) Restriction on additional or supplemental
compensation.--The Coordinator shall receive no additional or
supplemental compensation for carrying out responsibilities and
duties under this section.
``(f) Authority To Assist in Implementation of the Strategy.--
``(1) In general.--The President may provide assistance to
implement the strategy established under subsection (d)(1).
``(2) Focus on impact.--
``(A) Targets for implementation required.--
Consistent with the guidelines established under
section 3 of the Foreign Aid Transparency and
Accountability Act of 2016 (22 U.S.C. 2394c note;
Public Law 114-191), the Administrator shall require
United States Agency for International Development
grants, contracts, and cooperative agreements, for the
purposes of the strategy established under subsection
(d)(1), to include targets for implementation of high-
impact, evidence-based interventions and strengthening
health systems, as appropriate, including baseline
measurements from which to quantify progress.
``(B) Exception.--In exceptional circumstances for
which the Administrator determines that the inclusion
of targets described in subparagraph (A) is not
reasonable or practicable for a grant, contract, or
cooperative agreement, the grant, contract, or
cooperative agreement, as the case may be, shall
include an explanation of the omission and explicitly
state how measurable impact will be targeted and
tracked.
``(g) Annual Reports.--
``(1) Reports required.--Not later than 1 year after the
date of the enactment of the Reach Every Mother and Child Act
of 2023, and annually thereafter until December 31, 2030, the
President shall submit to the appropriate congressional
committees a report on progress made to achieve the goals set
forth in the strategy established under subsection (d)(1).
``(2) Information included in reports.--Each report
required by paragraph (1) shall include the following:
``(A) Indicators used by the United States Agency
for International Development to monitor and evaluate
progress of international maternal and child health and
nutrition programs toward ending preventable child and
maternal deaths in each priority county, such as the
standard foreign assistance indicators of the
Department of State and such other indicators as the
Coordinator considers relevant.
``(B) Estimates of maternal, newborn, and child
deaths averted as a result of international maternal
and child health and nutrition programs.
``(C) Data pertaining to populations served by
international maternal and child health and nutrition
programs, disaggregated by gender, age, and wealth
quintile.
``(D) A description of targets for coverage of
interventions and services in international maternal
and child health and nutrition programs and progress
toward meeting those targets.
``(E) Reporting on each aspect of the strategy
established under subsection (d)(1).
``(F) Information on funding for international
maternal and child health and nutrition programs
overall and for each priority country, including
funding that has been planned, appropriated, obligated,
or expended for the fiscal year in which the report is
submitted and the previous 5 fiscal years.
``(3) Public availability.--The President shall make each
report required by paragraph (1) publicly available.
``(h) Use of Funds.--Funds appropriated or otherwise made available
to carry out activities under this section shall be subject to all
applicable restrictions under Federal law.''.
<all>
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118S1548 | BIDIRECTIONAL Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1548 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1548
To require the Secretary of Energy to establish a program to encourage
deployment of electric school buses and vehicle-to-grid technologies
and applications, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Hickenlooper (for himself, Mr. Bennet, Ms. Smith, Mr. King, Mr.
Heinrich, and Ms. Klobuchar) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a program to encourage
deployment of electric school buses and vehicle-to-grid technologies
and applications, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bus Integration Dedicated to
Improving Resilience, Eliminating Congestion, and Triggering Innovation
Over Numerous Applications and Localities Act'' or the ``BIDIRECTIONAL
Act''.
SEC. 2. PROGRAM TO ENCOURAGE DEPLOYMENT OF ELECTRIC SCHOOL BUSES AND
VEHICLE-TO-EVERYTHING TECHNOLOGIES AND APPLICATIONS.
(a) Definitions.--In this section:
(1) Electric school bus.--The term ``electric school bus''
means a school bus that is propelled--
(A) to a significant extent, as determined by the
Secretary, by an electric motor that--
(i) draws electricity from a battery; and
(ii) is capable of being recharged from an
external source of electricity; and
(B) by any necessary components or equipment
required to facilitate electric-powered school bus
operations.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) any person (including any company or other
entity) or State, local, or Tribal entity that sells
electric energy, including--
(i) an electric utility, including--
(I) a local distribution company or
utility; and
(II) an electric cooperative;
(ii) a municipality; and
(iii) a retail marketer of electricity;
(B) a State public utilities commission;
(C) a third-party energy efficiency program
administrator;
(D) a school bus manufacturer;
(E) a public or private school district;
(F) a supplier of charging infrastructure;
(G) a developer, provider, owner, or operator of
solar, wind, or other renewable or distributed energy
resources;
(H) a third-party school bus fleet or charging
operator;
(I) any other entity, including a partnership, that
the Secretary determines to be appropriate; and
(J) any partnership or consortium of entities
described in any of subparagraphs (A) through (I).
(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) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Program.--The term ``Program'' means the program
established under subsection (b)(1).
(6) Project partner.--The term ``project partner'', with
respect to a project for which a grant is sought or provided
under the Program, means an eligible entity that is a member of
a partnership or consortium described in paragraph (2)(J) with
respect to that project.
(7) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a program
to encourage the deployment of vehicle-to-grid and vehicle-to-
everything technologies and applications, as described in
paragraph (2), including, at a minimum, a vehicle capable of
discharging at least 10 kilowatts of power to bidirectional
electric vehicle supply equipment that provides alternating
current power to an electrical circuit, by providing grants to
eligible entities for projects that include the use of not
fewer than 1 electric school bus with bidirectional energy flow
capabilities for an application described in that paragraph.
(2) Application described.--An application referred to in
paragraph (1) is--
(A) a vehicle-to-grid application, such as--
(i) provision of a distribution-level
service or participation in a distribution-
level program;
(ii) provision of wholesale market
services, such as capacity, energy, and
ancillary services;
(iii) provision of microgrid services; or
(iv) aggregations of vehicle-to-grid
applications that provide distribution-level
service, wholesale market services, or
microgrid services;
(B) a vehicle-to-building application; or
(C) any other resilience or other application, as
determined to be appropriate by the Secretary.
(3) Priority and diversity of projects.--
(A) Priority.--In providing grants under the
Program, the Secretary shall give priority to projects
that, in the determination of the Secretary, are likely
to be economically self-sustaining and replicable once
established.
(B) Requirement.--The Secretary, to the maximum
extent practicable in accordance with the priority
required to be established under subparagraph (A),
shall provide grants under the Program for projects
across differing situations, including in a region that
is experiencing congestion, shortages, transmission
system constraints, or distribution system constraints
that cause the cost of electricity to increase for
consumers.
(4) Applying for assistance.--
(A) In general.--An eligible entity desiring a
grant under the Program shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary may
require, subject to this paragraph.
(B) Requirements.--
(i) In general.--An application submitted
under subparagraph (A) shall demonstrate how
the assistance requested under the Program
would help the 1 or more eligible entities
submitting the application to participate in
economically justifiable opportunities that
recognize bidirectional electric vehicle
charging as a relevant technology, including
existing electric utility or Regional
Transmission Organization tariffs, programs,
initiatives, policies, arrangements, or other
opportunities that recognize bidirectional
electric vehicle charging as a relevant
technology.
(ii) Interconnection rules.--An application
submitted under subparagraph (A) shall include
a certification that any project described in
the application and proposed to be carried out
using a grant provided under the Program will
comply with all applicable interconnection
rules.
(5) Use of funds.--
(A) In general.--Amounts provided to an eligible
entity pursuant to a grant under the Program may be
used for--
(i) acquiring and installing bidirectional
charging stations and interconnection upgrades
necessary for bidirectional energy flow;
(ii) retrofitting buildings, parking
facilities, and school buses for bidirectional
charging;
(iii) acquiring and installing any
necessary metering and telemetry equipment or
systems;
(iv) acquiring technical assistance from
the Department of Energy, National
Laboratories, or other parties with relevant
expertise for any participating project
partners; and
(v) any application directly related to
establishing, sustaining, and optimizing
bidirectional energy flow, as the Secretary
determines to be appropriate.
(B) Requirement.--Amounts provided to an eligible
entity pursuant to a grant under the Program shall be
used in a manner that corresponds specifically to the
incremental additional cost of implementing 1 or more
applications described in paragraph (2) as compared to
the costs associated with the acquisition,
demonstration, or use of a typical electric school bus,
as determined by the Secretary.
(C) Community outreach.--
(i) In general.--Subject to clause (ii), an
eligible entity receiving a grant under the
Program shall use not less than 1 percent of
the amounts received for outreach that is
directed at the communities and bus users
receiving or benefitting from those amounts,
for the purpose of increasing awareness of the
benefits of grid-integrated school buses and
how grid-integrated school buses will be used.
(ii) Waiver.--The Secretary may waive the
requirement described in clause (i) if the
Secretary determines that the outreach
described in that clause is unnecessary or
would be of minimal benefit to the overall goal
of sustained technological deployment.
(6) Matching requirement.--An eligible entity receiving a
grant under the Program shall ensure that amounts derived from
non-Federal sources are provided for the projects funded by the
grant in a total amount that is equal to, or greater than, the
amount of the grant.
(7) Outreach to potentially interested entities.--Of the
total amount appropriated to carry out the Program, the
Secretary shall use not less than 1 percent for outreach to
potentially interested eligible entities, including eligible
entities participating in, or with a demonstrated interest in,
the clean school bus program established under section 741 of
the Energy Policy Act of 2005 (42 U.S.C. 16091).
(8) School district compensation.--An eligible entity
receiving a grant under the Program shall demonstrate to the
Secretary that any school district participating in the
applicable project is appropriately compensated for that
participation in a manner approved by the Secretary, which may
include--
(A) the provision of direct financial compensation
to the school district;
(B) the provision or acquisition of electric school
buses for the school district; or
(C) savings resulting from the implementation of an
application described in paragraph (2).
(9) Annual submission of data.--An eligible entity
receiving a grant under the Program shall annually submit to
the Secretary data from vehicles, chargers, and associated grid
infrastructure necessary to determine operational and economic
impacts, and additional data as determined to be necessary by
the Secretary.
(10) Compatibility with epa clean school bus program.--
Notwithstanding any other provision of law, the Secretary may
provide a grant under the Program for applicable projects,
programs, or activities for which amounts are provided under
the clean school bus program established under section 741 of
the Energy Policy Act of 2005 (42 U.S.C. 16091), and to
eligible entities receiving amounts under that program, subject
to all applicable requirements of this section.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
summarizing any existing pilot programs, including State-funded and
locally funded pilot programs, involving the use of school buses for
the applications described in subsection (b)(2), including--
(1) any best practices, challenges, lessons learned, and
promising future directions discernable from those pilot
programs and applications;
(2) any challenges, opportunities, and strategies unique to
the implementation of those applications in rural areas;
(3) any challenges to the commercial viability of those
applications posed by State, Federal, or other regulatory
barriers; and
(4)(A) any challenges to the economic viability of projects
involving those applications; and
(B) any opportunities and strategies to make projects
involving those applications economically viable.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2024 through 2028.
SEC. 3. CONSIDERATION OF MEASURES TO PROMOTE VEHICLE-TO-GRID
INTEGRATION.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(22) Vehicle-to-grid integration.--
``(A) In general.--Each State shall consider--
``(i) measures to promote vehicle-to-grid
integration, including--
``(I) the establishment of rates,
tariffs, measures, and standards that
enable electric vehicles and electric
vehicle charging infrastructure--
``(aa) to receive
interconnection service as
described in subparagraph (B);
and
``(bb) to export power from
the vehicle battery to the
distribution system or the bulk
power system;
``(II) the establishment of rates,
tariffs, measures, and standards that
enable electric vehicle charging
station site hosts, charging station
owners, aggregators, owners of electric
vehicle fleets or individual fleet
vehicles, or drivers of private light-
duty electric vehicles to receive
compensation for electricity exported
from the vehicle battery to the
distribution system or the bulk power
system; and
``(III) the establishment of rates,
tariffs, measures, and standards that
enable aggregation of electric vehicles
for the purpose of participating in
active load management programs,
including customer demand-response
programs and customer energy storage
programs, and providing ancillary
services that recognize the value that
flexible electric vehicle charging can
provide to the distribution system or
the bulk power system; and
``(ii) the impacts of the rates, tariffs,
measures, and standards described in subclauses
(I) through (III) of clause (i), or similar
rates, tariffs, measures, and standards, on all
classes and types of vehicles, including, at a
minimum, light-, medium-, and heavy-duty
vehicles.
``(B) Interconnection service described.--The
interconnection service referred to in subparagraph
(A)(i)(I)(aa) is interconnection service that is
offered based on--
``(i) the standards described in paragraph
(15) (or successor standards); or
``(ii) as necessary and reasonable,
standards that--
``(I) are defined in electric
vehicle-to-grid communications
interfaces, protocols, or standards;
``(II) are widely adopted; and
``(III) to ensure the reliability
and safety of the electric system,
are--
``(aa) consistent (or
adjusted to be consistent) with
the standards described in
clause (i); and
``(bb) integrated, able to
be integrated, or adjusted in a
manner that facilitates
integration with the standards
described in that clause.''.
(b) Compliance.--
(1) Time limitation.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(9)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (22) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (22) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding at the end the following: ``In the case of
the standard established by paragraph (22) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph (22).''.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is
amended--
(i) in subsection (d)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) in the matter preceding
subparagraph (A) (as so redesignated),
by striking ``Subsections'' and
inserting the following:
``(1) In general.--Subsections'';
(ii) in subsection (e)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(2) Time-based metering and communications.--
Subsections'';
(iii) in subsection (f)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(3) Interconnection.--Subsections'';
(iv) in subsection (g)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(4) Demand-response practices.--Subsections'';
(v) in subsection (h)--
(I) by redesignating paragraphs (1)
through (3) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) by striking the subsection
designation and heading and all that
follows through ``Subsections'' in the
matter preceding subparagraph (A) (as
so redesignated) and inserting the
following:
``(5) Electric vehicle charging programs.--Subsections'';
and
(vi) in subsection (d) (as so amended) by
adding at the end the following:
``(6) Vehicle-to-grid integration.--Subsections (b) and (c)
shall not apply to the standard established by paragraph (22)
of section 111(d) in the case of any electric utility in a
State if, before the date of enactment of this subsection--
``(A) the State has implemented for the electric
utility the standard (or a comparable standard);
``(B) the State regulatory authority for the State
or the relevant nonregulated electric utility has
conducted a proceeding to consider implementation of
the standard (or a comparable standard) for the
electric utility; or
``(C) the State legislature has voted on the
implementation of the standard (or a comparable
standard) for the electric utility during the 3-year
period ending on that date of enactment.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended by adding at the end the following:
``In the case of the standard established by paragraph
(22) of section 111(d), the reference contained in this
section to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of
that paragraph (22).''.
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118S1549 | Congressional Budget Office Data Access Act | [
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
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[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
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[
"L000575",
"Sen. Lankford, James [R-OK]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1549 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1549
To provide the Congressional Budget Office with necessary authorities
to expedite the sharing of data from executive branch agencies, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Peters (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To provide the Congressional Budget Office with necessary authorities
to expedite the sharing of data from executive branch agencies, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Budget Office Data
Access Act''.
SEC. 2. CONDITIONS OF DISCLOSURE FOR FEDERAL AGENCY INFORMATION WITH
THE CONGRESSIONAL BUDGET OFFICE.
Subsection (b) of section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), is amended--
(1) by redesignating paragraphs (11) and (12) as paragraphs
(12) and (13), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) to the Director of the Congressional Budget Office,
or any authorized representative of the Director, in the course
of performance of the duties of the Congressional Budget
Office;''.
<all>
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118S155 | RETURN Act | [
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
]
] | <p><strong>Require Employees To Uniformly Return Now Act or the RETURN Act</strong></p> <p>This bill prohibits Internal Revenue Service (IRS) employees from teleworking during the period beginning five business days after the enactment of this bill and ending on the date on which the IRS certifies that the processing backlog for income tax returns has been eliminated.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 155 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 155
To ensure that employees of the Internal Revenue Service are brought
back to their offices until the backlog of income tax returns has been
eliminated.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To ensure that employees of the Internal Revenue Service are brought
back to their offices until the backlog of income tax returns has been
eliminated.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Require Employees To Uniformly
Return Now Act'' or the ``RETURN Act''.
SEC. 2. BRINGING IRS EMPLOYEES BACK TO THE OFFICE.
(a) In General.--Notwithstanding any other law, in the case of an
applicable employee, such employee shall not be authorized to telework
during the period--
(1) beginning on the date that is 5 business days after the
date of enactment of this Act, and
(2) ending on the date on which the Commissioner of
Internal Revenue certifies that the processing backlog with
respect to income tax returns has been eliminated.
(b) Definitions.--In this section--
(1) Applicable employee.--The term ``applicable employee''
means an employee of the Internal Revenue Service who, as of
the date of enactment of this Act, is authorized to telework,
on a temporary or permanent basis, pursuant to a policy
established by the Commissioner of Internal Revenue in response
to the coronavirus disease 2019 (COVID-19).
(2) Telework.--The term ``telework'' has the same meaning
given such term under section 6501(3) of title 5, United States
Code.
<all>
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118S1550 | Lower Fees, Better Airports Act of 2023 | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1550 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1550
To amend the Internal Revenue Code of 1986 to include fees paid by
airline passengers for goods and services offered during the course of
a flight as amounts paid for taxable transportation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Schatz 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 include fees paid by
airline passengers for goods and services offered during the course of
a flight as amounts paid for taxable transportation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Fees, Better Airports Act of
2023''.
SEC. 2. FEES PAID BY AIRLINE PASSENGERS FOR GOODS AND SERVICES OFFERED
DURING FLIGHT.
(a) In General.--Section 4261(e) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(6) Fees paid for goods and services.--
``(A) In general.--Any amount paid to an air
carrier (or any related person) for any applicable
product in connection with taxable transportation shall
be treated for purposes of subsection (a) as an amount
paid for taxable transportation, and such amount shall
be taxable under subsection (a) without regard to any
other provision of this subchapter.
``(B) Applicable product in connection with taxable
transportation.--For purposes of this paragraph, the
term `applicable product in connection with taxable
transportation' means any good or service which is
related to taxable transportation and which is offered
prior to or during such taxable transportation,
including--
``(i) any service related to ticketing,
booking, or the purchase of such taxable
transportation (including payment processing
and the change or cancellation or any ticket or
reservation), regardless of whether such
service is offered or provided electronically,
by telephone, or in person,
``(ii) the direct purchase of frequent
flyer miles or qualifying points toward airline
status from a frequent flyer or similar
program, including any subscriptions related to
such purchase,
``(iii) the ability to redeem frequent
flyer miles or points for transportation of
persons by air or to accelerate the
accumulation of frequent flyer miles or points,
``(iv) any service relating to seating or
boarding, including seat assignments, upgrades
to a higher level seating product, priority
boarding, or early check-in,
``(v) the transportation (whether checked
or carry-on) of any baggage, animal, or other
property of the passenger,
``(vi) any in-flight food or beverage,
``(vii) any in-flight entertainment or
wireless internet service,
``(viii) any accommodation or assistance
provided for an unaccompanied minor passenger,
``(ix) membership in an airline club or
similar program that entitles the passenger
to--
``(I) free or discounted
transportation by air, or
``(II) goods or services described
in any other clause of this
subparagraph, and
``(x) any other good or service identified
by the Secretary for purposes of this
paragraph.
``(C) Regulations.--Not later than 24 months after
the date of enactment of this paragraph, the Secretary
shall issue such regulations or other guidance as the
Secretary determines necessary to carry out the
purposes of this paragraph.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to amounts paid
after the date of the enactment of this Act.
(2) Special rule for applicable products identified by the
secretary.--In the case of any good or service identified by
the Secretary of the Treasury (or the Secretary's delegate)
pursuant to section 4161(e)(6)(B)(x) of the Internal Revenue
Code of 1986 (as added by subsection (a)), the amendment made
by this section shall apply to amounts paid after the earlier
of--
(A) the date determined by the Secretary of the
Treasury (or the Secretary's delegate), or
(B) the date that is 12 months after the date on
which the Secretary of the Treasury (or the Secretary's
delegate) identified such good or service pursuant to
such section.
<all>
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118S1551 | Improved Transportation Consumer Protection Act of 2023 | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
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"Sen. Fetterman, John [D-PA]",
"cosponsor"
],
[
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"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
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"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1551 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1551
To amend title 49, United States Code, to establish an Office of
Consumer Protection in the Department of Transportation, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Schatz (for himself, Mr. Welch, Mr. Lujan, Mr. Fetterman, Mr.
Markey, and Ms. Cortez Masto) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to establish an Office of
Consumer Protection in the Department of Transportation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Transportation Consumer
Protection Act of 2023''.
SEC. 2. ESTABLISHMENT OF OFFICE OF CONSUMER PROTECTION.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``7'' and inserting ``8''; and
(B) in subparagraph (A), by striking ``and an
Assistant Secretary for Transportation Policy'' and
inserting ``an Assistant Secretary for Transportation
Policy, and an Assistant Secretary for Consumer
Protection''; and
(2) by adding at the end the following:
``(j) Office of Consumer Protection.--
``(1) Establishment.--There is established in the
Department an Office of Consumer Protection (referred to in
this subsection as the `Office') to administer and enforce the
authority provided to the Department by statute--
``(A) to assist, educate, and protect consumers;
``(B) to monitor compliance with, conduct
investigations relating to, and enforce, including by
taking appropriate action to address violations of,
consumer protection, civil rights, and licensing
requirements; and
``(C) to promulgate, as appropriate, consumer
protection and civil rights regulations.
``(2) Leadership.--The Office shall be headed by the
Assistant Secretary for Consumer Protection (referred to in
this subsection as the `Assistant Secretary').
``(3) Coordination.--The Assistant Secretary shall
coordinate with the General Counsel appointed under subsection
(e)(1)(E), in accordance with section 1.26 of title 49, Code of
Federal Regulations (or a successor regulation), on all legal
matters relating to--
``(A) consumer protection; or
``(B) the duties and activities of the Office
described in subparagraphs (A) through (C) of paragraph
(1).
``(4) Annual report.--The Assistant Secretary shall submit
to Congress and make publicly available on the website of the
Department an annual report that, with respect to matters under
the jurisdiction of the Department, or otherwise within the
statutory authority of the Department to address--
``(A) analyzes trends in consumer protection, civil
rights, and licensing;
``(B) identifies major challenges facing consumers;
and
``(C) addresses any other relevant issues, as the
Assistant Secretary determines to be appropriate.''.
<all>
</pre></body></html>
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118S1552 | Coastal Fellowships Act | [
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"Sen. Coons, Christopher A. [D-DE]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1552 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1552
To establish the Coastal Management Fellowship and the Digital Coast
Fellowship, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Coons (for himself, Mr. Wicker, Mr. Whitehouse, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish the Coastal Management Fellowship and the Digital Coast
Fellowship, and for other purposes.
Be it enacted by the Senate 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 Fellowships Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal state.--The term ``coastal State''--
(A) means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean,
the Gulf of Mexico, the Long Island Sound, or one or
more of the Great Lakes; and
(B) includes Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
(2) Fellow.--The term ``fellow'' means an individual
awarded a fellowship under section 5.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. ESTABLISHMENT OF COASTAL MANAGEMENT FELLOWSHIP.
(a) In General.--There is established a fellowship program, to be
known as the ``Coastal Management Fellowship''.
(b) Purposes.--The purposes of the Coastal Management Fellowship
are--
(1) to provide on-the-job training, professional mentoring,
and educational opportunities in coastal management and policy
to qualified individuals as described in section 5;
(2) to direct essential workforce assistance to coastal
States to support coastal management efforts, including
building local-level capacity to adapt to coastal
vulnerabilities; and
(3) to encourage the next generation of coastal
professionals to engage in public service work to help the
United States better manage coastal resources and protect
coastal communities.
SEC. 4. ESTABLISHMENT OF DIGITAL COAST FELLOWSHIP.
(a) In General.--There is established a fellowship program, to be
known as the ``Digital Coast Fellowship''.
(b) Purposes.--The purposes of the Digital Coast Fellowship are--
(1) to provide on-the-job training, professional mentoring,
and educational opportunities in coastal management and policy
to qualified individuals as described in section 5;
(2) to provide assistance to coastal States and partner
organizations to help advance the goals of the Digital Coast
program established under section 4 of the Digital Coast Act
(16 U.S.C. 1467); and
(3) to encourage the next generation of coastal
professionals to engage in public service work to help the
United States better manage coastal resources and protect
coastal communities.
SEC. 5. FELLOWSHIPS.
(a) In General.--The Secretary shall award fellowships under the
Coastal Management Fellowship and the Digital Coast Fellowship in
accordance with this section.
(b) Qualifications.--
(1) In general.--The Secretary shall award fellowships
under this section to individuals selected from among
individuals who--
(A) have successfully completed a covered degree or
will complete a covered degree before the start of the
fellowship; and
(B) have demonstrated--
(i) an interest in pursuing a career in
coastal or marine--
(I) science;
(II) policy;
(III) management; or
(IV) law;
(ii) outstanding potential for such a
career;
(iii) leadership potential or experience;
(iv) a commitment to or significant
interest in public service;
(v) proficient skills in writing and oral
communication; and
(vi) such other attributes as the Secretary
determines appropriate.
(2) Definition of covered degree.--In this subsection, the
term ``covered degree'' means a graduate degree from an
accredited United States institution, the curriculum for which
covers topics relevant to coastal management, as determined by
the Secretary.
(c) Requirement of Geographic Balance.--The Secretary shall award
fellowships under this section in a manner that is geographically
balanced.
(d) Term of Fellowship.--A fellowship awarded under this section
shall be for a term of not more than 2 years.
(e) Stipend.--
(1) In general.--Each fellow shall receive an annual
stipend of not less than $47,000, which the Secretary shall
regularly review and periodically adjust, as determined
appropriate by the Secretary--
(A) to be commensurate with other similar
fellowships; and
(B) to account for changes in cost of living and
inflation.
(2) Locality pay.--The Secretary shall include a pay
adjustment as part of the stipends described in paragraph (1)
that is comparable to the locality pay adjustment for the
locality pay area in which the host office of the fellow is
located, as determined under section 531.603 of title 5, Code
of Federal Regulations (or any successor regulation).
(f) Status of Fellows.--Except as provided in subsection (h)(3),
fellows shall not be considered to be Federal employees.
(g) Direct Hire Authority.--
(1) In general.--During fiscal year 2023 and any fiscal
year thereafter, the head of any Federal agency may appoint,
without regard to the provisions of subchapter I of chapter 33
of title 5, United States Code, other than sections 3303 and
3328 of that title, a candidate who meets the qualifications
described in paragraph (2) directly to a position with the
Federal agency for which the candidate meets Office of
Personnel Management qualification standards.
(2) Qualifications.--Paragraph (1) applies with respect to
a former fellow who has successfully fulfilled the requirements
of the fellowship.
(3) Limitation.--The direct hire authority under paragraph
(1) shall be exercised with respect to a specific qualified
candidate not later than 2 years after the date on which the
candidate completed a fellowship awarded under this section.
(h) Use of Funds.--Amounts authorized to be appropriated under
section 6 shall be used for--
(1) the award of fellowships under this section, including
stipends paid to fellows and other relevant benefits offered to
fellows, including health insurance, as identified by the
Secretary;
(2) administrative costs associated with the Coastal
Management Fellowship and the Digital Coast Fellowship;
(3) relocation and travel expenses paid to fellows, who
shall be considered to be Federal employees for purposes of
section 3375 of title 5, United States Code;
(4) professional development opportunities for fellows,
including costs associated with trainings, certifications,
classes, or other opportunities to advance--
(A) the professional skills of each fellow; or
(B) the ability of each fellow to support the needs
of the host office; and
(5) such other costs of the Coastal Management Fellowship
and the Digital Coast Fellowship as the Secretary may identify.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for the
uses described in section 5(h) $1,910,000 for each of fiscal years 2024
through 2028.
<all>
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118S1553 | Resiliency for Ranching and Natural Conservation Health Act | [
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
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"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1553 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1553
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing permits and leases, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Barrasso (for himself, Ms. Lummis, Mr. Rounds, and Mr. Risch)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing permits and leases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resiliency for Ranching and Natural
Conservation Health Act''.
SEC. 2. TEMPORARY USE OF VACANT GRAZING ALLOTMENTS FOR HOLDERS OF
GRAZING PERMITS OR LEASES DURING EXTREME NATURAL EVENTS
AND DISASTERS.
Title IV of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.) is amended by adding at the end the following:
``SEC. 405. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO HOLDERS OF
GRAZING PERMITS OR LEASES DURING EXTREME NATURAL EVENTS
AND DISASTERS.
``(a) Definition of Secretary Concerned.--In this section, the term
`Secretary concerned' means--
``(1) the Secretary of Agriculture, with respect to
National Forest System land; and
``(2) the Secretary, with respect to public lands.
``(b) Allotments.--
``(1) In general.--To the maximum extent practicable, the
Secretary concerned shall make available to the holder of a
grazing permit or lease issued by either Secretary concerned
the temporary use of a vacant grazing allotment if 1 or more
grazing allotments covered by the grazing permit or lease of
the holder of the grazing permit or lease are temporarily
unusable, as determined by the Secretary concerned, because of
resource conditions from unforeseen natural events or disasters
(including an extreme weather event, drought, wildfire,
infestation, or blight).
``(2) Terms and conditions.--In establishing the terms and
conditions in a permit or lease for the temporary use of a
vacant grazing allotment made available pursuant to this
subsection, the Secretary concerned--
``(A) shall take into consideration the terms and
conditions of the most recent permit or lease that was
applicable to the vacant grazing allotment;
``(B) if there are no terms or conditions available
for consideration under subparagraph (A), may assign
temporary terms or conditions, after considering
ecological conditions of, or terms on, adjacent grazing
allotments;
``(C) shall base the terms and conditions on local
ecological conditions, as determined by the applicable
official;
``(D) shall take into consideration other factors,
including any prior agency agreement that resolved or
sought to resolve a management conflict, including a
conflict related to State management of wildlife; and
``(E) may authorize the placement and use of
temporary portable corrals and water troughs on the
vacant grazing allotment to accommodate the temporary
use.
``(3) Coordination.--To the maximum extent practicable, the
Secretaries concerned shall coordinate to make available to
holders of grazing permits or leases the use of vacant grazing
allotments, regardless of agency jurisdiction over vacant
grazing allotments, pursuant to paragraphs (1) and (2).
``(4) Additional considerations; effect.--
``(A) Additional considerations.--For purposes of
determining whether to make available the temporary use
of a vacant grazing allotment under paragraph (1), the
Secretary concerned shall consider whether there is a
court-issued injunction in effect as of the date of the
determination that constrains or otherwise limits the
use of an allotment for which the permit or lease has
been issued.
``(B) Effect.--The temporary use of a vacant
grazing allotment under this subsection shall not--
``(i) preclude or otherwise alter other
ongoing or future actions or assessments
evaluating the potential of the vacant grazing
allotment to be used or otherwise assigned; or
``(ii) alter--
``(I) the terms and conditions of
the original grazing permit or lease of
the holder of the grazing permit or
lease;
``(II) the preference or ability of
the holder of the grazing permit or
lease to return to the original
allotment once access to, or the use
of, the original allotment is restored;
or
``(III) the animal unit months in
future authorizations, or conditions of
a permit, of the holder of the grazing
permit or lease.
``(c) Duration.--The Secretary concerned shall determine the
duration of the temporary use of a vacant grazing allotment made
available pursuant to subsection (b), after considering the period of
time necessary for the original allotment of the holder of the grazing
permit or lease to return to use, not to exceed 3 consecutive grazing
seasons.
``(d) Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary concerned shall
establish guidelines to expeditiously, efficiently, and
effectively carry out activities authorized under this section.
``(2) Considerations.--In establishing the guidelines under
paragraph (1), the Secretary concerned may consider--
``(A) eligibility criteria for the holders of
grazing permits or leases;
``(B) prioritizing holders of grazing permits or
leases in close proximity to a vacant grazing
allotment;
``(C) any class or change in class of livestock on
the temporary use of a vacant grazing allotment, with
consideration given to local ecological conditions,
disease, wildlife conflicts, and other factors based on
localized conditions;
``(D) processes for coordinating with allotments
adjoining or within the vicinity of a vacant grazing
allotment; and
``(E) any other processes intended to expedite
procedures for making vacant grazing allotments
available during emergent circumstances.''.
SEC. 3. PUBLIC RANGELAND RESILIENCY FUNDS.
(a) Investment of Amounts in the Land and Water Conservation
Fund.--Section 200302 of title 54, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Investment of Amounts.--
``(1) In general.--On request of the Secretary, the
Secretary of the Treasury may invest any portion of the Fund
(including amounts in the Fund that are appropriated but not
disbursed) that is not, as determined by the Secretary,
required to meet the current needs of the Fund, but not to
exceed such amounts as are necessary to generate $15,000,000 in
investment income per year under paragraph (2).
``(2) Requirement.--An investment of amounts made available
under paragraph (1) shall be made by the Secretary of the
Treasury in a public debt security--
``(A) with a maturity suitable for the authorized
uses described in subsection (c)(2) of section 401 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751); and
``(B) bearing interest at a rate determined by the
Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable
obligations of the United States of comparable
maturity.
``(3) Range betterment account.--The income on investments
of the Fund under this subsection shall be credited to, and
used for purposes of an account established in the Treasury, to
be known as the `range betterment account', to be used in
accordance with subsection (c) of section 401 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1751).''.
(b) Range Betterment Account.--Section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1751) is amended by adding
at the end the following:
``(c) Range Betterment Account.--
``(1) Definition of secretary concerned.--In this section,
the term `Secretary concerned' means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary, with respect to public lands.
``(2) Use of funds.--Of the amounts available in the
account established under section 200302(c)(3) of title 54,
United States Code (referred to in this subsection as the
`account')--
``(A) $10,000,000 shall be made available for each
fiscal year to carry out rangeland improvement projects
under subsection (b)(1), including for all forms of
rangeland betterment, management, and improvement
activities, including seeding and reseeding, fence
construction, the use of a temporary structure (such as
a corral), an invasive plant or weed control measure or
treatment, water development, and any other activity
that advances healthy rangeland improvement, habitat,
and resiliency; and
``(B) $5,000,000 shall be available for each fiscal
year to enhance, expand, or improve access
opportunities producing co-benefits for hunting and
recreation activities on public lands or National
Forest System land under the jurisdiction of the
Secretary concerned through public access agreements
(including cooperative agreements or special use
agreements) that improve or provide for permanent,
temporary, or seasonal access to private land through
which individuals would need to traverse to access the
public lands or National Forest System land, subject to
paragraph (5)(B).
``(3) Additional funds.--Amounts made available from the
account for rangeland improvement projects under paragraph (2),
shall be--
``(A) available, without further appropriation; and
``(B) in addition to amounts received from fees or
other appropriations for those projects or public
access agreements.
``(4) Availability.--To provide sufficient flexibility for
multiyear contracts, procurement, and agreements, amounts made
available under subsection (b)(1) and paragraph (2) shall
remain available for expenditure, without fiscal year
limitation, until expended.
``(5) Coordination; agreements.--
``(A) Rangeland improvement projects.--
``(i) Coordination.--In carrying out
rangeland improvement projects using amounts
made available under subsection (b)(1) and
paragraph (2)(A), the Secretary concerned shall
coordinate with holders of grazing permits or
leases to ensure collaborative and coordinated
efforts.
``(ii) Cooperative agreements.--The
Secretary concerned may enter into a
cooperative agreement with the holder of a
grazing permit or lease to carry out rangeland
improvement projects using amounts made
available under subsection (b)(1) and paragraph
(2)(A) that would benefit land, regardless of
ownership, within the grazing allotment
associated with the applicable grazing permit
or lease.
``(B) Public access agreements.--
``(i) Requirements, prohibitions, and
authorizations.--A public access agreement
entered into under paragraph (2)(B)--
``(I) shall--
``(aa) be negotiated by the
Secretary concerned with
willing landowners;
``(bb) establish the terms
of the public access or any
enhancement project carried out
under the public access
agreement, including the
duration of the public access
agreement; and
``(cc) be entered into
voluntarily by a willing
landowner;
``(II) shall not convey to the
public any right to hunt or otherwise
carry out recreational activities on
the private land subject to the public
access agreement; and
``(III) may--
``(aa) be entered into
without reimbursement to the
willing landowner, if the
willing landowner volunteers to
not receive reimbursement; or
``(bb) provide for
reimbursement by the Secretary
concerned, as applicable, to
the willing landowner, with the
amount of the reimbursement to
be determined by the Secretary
concerned--
``(AA) using the
principles of `roughly
equivalent value' or
another cost or
valuation method; and
``(BB) which may
not require a formal
appraisal, if the
Secretary concerned
determines that an
appraisal is
unnecessary because the
valuation is
uncomplicated and the
anticipated value is
estimated to be $10,000
or less, based on a
review of available
data.
``(ii) Priority.--In entering into public
access agreements under paragraph (2)(B), the
Secretary concerned may give priority to a
public access agreement that provides public
access to public lands or National Forest
System land under the jurisdiction of the
Secretary concerned of at least 640 acres with
respect to which there is restricted or no
public access.
``(iii) No federal interest.--In entering
into a public access agreement under paragraph
(2)(B), the Secretary concerned shall not
acquire a Federal interest in private land and,
as a result, shall not be subject to Federal
acquisition regulations.
``(iv) Effect.--If a landowner elects not
to enter into a public access agreement under
paragraph (2)(B), the election shall not affect
a grazing permit or lease held by the
landowner.''.
SEC. 4. RENEWAL TERM OF GRAZING PERMITS OR LEASES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended--
(1) in subsection (a), by striking ``ten years'' and
inserting ``not more than 20 years''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``shorter than ten years'' and inserting ``of
less than 20 years'';
(B) in paragraph (1), by striking ``or'' at the
end;
(C) in paragraph (2)--
(i) by striking ``ten years'' and inserting
``20 years''; and
(ii) by striking ``or'' at the end;
(D) by redesignating paragraph (3) as paragraph
(4);
(E) by inserting after paragraph (2) the following:
``(3) the initial environmental analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to a grazing allotment, permit, or lease has not been
completed; or''; and
(F) in paragraph (4) (as so redesignated)--
(i) in the first proviso, by striking
``shorter than ten years'' and inserting ``of
less than 20 years''; and
(ii) in the second proviso--
(I) by striking ``shorter than ten
years'' and inserting ``of less than 20
years''; and
(II) by striking ``items (1)
through (3) of this subsection'' and
inserting ``paragraphs (1) through
(4)''.
SEC. 5. NEPA REVIEW IN RENEWAL OF GRAZING PERMITS AND LEASES AND
CERTAIN ACTIONS DURING EXTREME NATURAL EVENTS AND
DISASTERS.
Section 402(h) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1752(h)) is amended by adding at the end the following:
``(3) Renewal.--The Secretary or the Secretary of
Agriculture, as applicable, shall be subject to a rebuttable
presumption that use of a categorical exclusion under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) would apply with respect to the renewal of a grazing
permit or lease under this section, if--
``(A) the renewal of the grazing permit or lease is
consistent, or substantially consistent, with the use
authorized in the permit or lease being renewed;
``(B) the renewal of the grazing permit or lease is
the same as, or has a minor adjustment in, as
determined by the Secretary or the Secretary of
Agriculture, as applicable, the season of use
authorized in the permit or lease being renewed; or
``(C) the applicable permittee or lessee is in
compliance with the terms, conditions, and applicable
regulations of the permit or lease being renewed.
``(4) Authorized use during emergencies and natural events
and disasters.--The Secretary or the Secretary of Agriculture,
as applicable, shall be subject to a rebuttable presumption
that use of a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) would
apply to the temporary use of a vacant grazing allotment or
other minor adjustment in terms and conditions of a permit or
lease necessary to respond and adapt to resource conditions,
if--
``(A) there is an unforeseen, uncontrollable
natural event or disaster (including extreme weather
conditions, drought, and infestation), that impedes the
use by the permittee or lessee of the grazing allotment
under established terms and conditions;
``(B) the use of the vacant grazing allotment or
the adjustment in the authorized use would be limited
to 2 grazing seasons;
``(C) a temporary adjustment in the existing season
of use to immediately respond to localized resource
conditions does not fluctuate more than 14 days prior
to, or immediately following, the existing season of
use date;
``(D) the permittee or lessee is in compliance
with--
``(i) all other terms and conditions of the
applicable permit or lease; and
``(ii) any applicable regulations;
``(E) the vacant grazing allotment considered for
temporary use pursuant to section 405 has been assessed
or evaluated; and
``(F) the use of the vacant grazing allotment or
adjustment in the authorized use does not alter the
original grazing allotment of the permittee or
lessee.''.
<all>
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118S1554 | National American Indian Veterans Charter Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1554 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1554
To grant a Federal charter to the National American Indian Veterans,
Incorporated.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Rounds (for himself, Mr. Thune, Mr. Cassidy, Mr. Cramer, Mr.
Lankford, Mr. Rubio, Mrs. Fischer, Ms. Lummis, Mr. Barrasso, Ms.
Murkowski, Mr. Graham, Mr. Scott of Florida, Mr. Hoeven, Mr. Sullivan,
Mr. Moran, Mr. Daines, Mr. Braun, Mr. Lujan, Ms. Klobuchar, Mr.
Warnock, Mr. Padilla, Ms. Warren, Ms. Smith, Ms. Cortez Masto, Mr.
Kelly, Mrs. Feinstein, Ms. Rosen, Ms. Sinema, Mr. Bennet, Mr.
Hickenlooper, Mr. Blumenthal, Mr. Heinrich, Ms. Hirono, Mr. King, Mr.
Ossoff, and Mr. Mullin) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To grant a Federal charter to the National American Indian Veterans,
Incorporated.
Be it enacted by the Senate 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 American Indian Veterans
Charter Act''.
SEC. 2. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR
NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED.
(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1503 the following:
``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.
``Sec. 150401 Organization
``The National American Indian Veterans, Incorporated, a nonprofit
corporation organized in the United States (referred to in this chapter
as the `corporation'), is a federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in the articles
of incorporation, constitution, and bylaws of the corporation, and
include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American Indian
Nations;
``(2) to unite under one body all American Indian veterans
who served in the Armed Forces of United States;
``(3) to be an advocate on behalf of all American Indian
veterans without regard to whether they served during times of
peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, and cultural values and traditional
healing) in the United States by encouraging the growth and
development, readjustment, self-respect, self-confidence,
contributions, and self-identity of American Indian veterans;
``(5) to serve as an advocate for the needs of American
Indian veterans and their families and survivors in their
dealings with all Federal and State government agencies;
``(6) to promote, support, and utilize research, on a
nonpartisan basis, pertaining to the relationship between
American Indian veterans and American society; and
``(7) to provide technical assistance to the Bureau of
Indian Affairs regional areas that are not served by any
veterans committee or organization or program by--
``(A) providing outreach service to Indian Tribes
in need; and
``(B) training and educating Tribal Veterans
Service Officers for Indian Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406, eligibility for membership in the
corporation, and the rights and privileges of members, shall be as
provided in the constitution and bylaws of the corporation.
``Sec. 150404. Board of directors
``Subject to section 150406, the board of directors of the
corporation, and the responsibilities of the board, shall be as
provided in the constitution and bylaws of the corporation and in
conformity with the laws under which the corporation is incorporated.
``Sec. 150405. Officers
``Subject to section 150406, the officers of the corporation, and
the election of such officers, shall be as provided in the constitution
and bylaws of the corporation and in conformity with the laws of the
jurisdiction under which the corporation is incorporated.
``Sec. 150406. Nondiscrimination
``In establishing the conditions of membership in the corporation,
and in determining the requirements for serving on the board of
directors or as an officer of the corporation, the corporation may not
discriminate on the basis of race, color, religion, sex, national
origin, handicap, or age.
``Sec. 150407. Powers
``The corporation shall have only those powers granted the
corporation through its articles of incorporation, constitution, and
bylaws, which shall conform to the laws of the jurisdiction under which
the corporation is incorporated.
``Sec. 150408. Exclusive right to name, seals, emblems, and badges
``(a) In General.--The corporation shall have the sole and
exclusive right to use the names `National American Indian Veterans,
Incorporated' and `National American Indian Veterans', and such seals,
emblems, and badges as the corporation may lawfully adopt.
``(b) Effect.--Nothing in this section interferes or conflicts with
any established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation may not--
``(1) issue any shares of stock; or
``(2) declare or pay any dividends.
``(b) Distribution of Income or Assets.--
``(1) In general.--The income or assets of the corporation
may not--
``(A) inure to any person who is a member, officer,
or director of the corporation; or
``(B) be distributed to any such person during the
life of the charter granted by this chapter.
``(2) Effect.--Nothing in this subsection prevents the
payment of reasonable compensation to the officers of the
corporation, or reimbursement for actual and necessary
expenses, in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make any loan to any officer,
director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation may not claim
congressional approval or Federal Government authority by virtue of the
charter granted by this chapter for any of the activities of the
corporation.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986.
``Sec. 150411. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of accounts;
``(2) minutes of any proceeding of the corporation
involving any of member of the corporation, the board of
directors, or any committee having authority under the board of
directors; and
``(3) at the principal office of the corporation, a record
of the names and addresses of all members of the corporation
having the right to vote.
``(b) Inspection.--
``(1) In general.--All books and records of the corporation
may be inspected by any member having the right to vote, or by
any agent or attorney of such a member, for any proper purpose,
at any reasonable time.
``(2) Effect.--Nothing in this section contravenes--
``(A) the laws of the jurisdiction under which the
corporation is incorporated; or
``(B) the laws of those jurisdictions within the
United States and its territories within which the
corporation carries out activities in furtherance of
the purposes of the corporation.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall comply
with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
``(2) those jurisdictions within the United States and its
territories within which the corporation carries out activities
in furtherance of the purposes of the corporation.
``Sec. 150413. Liability for acts of officers and agents
``The corporation shall be liable for the acts of the officers and
agents of the corporation acting within the scope of their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the requirements
of this chapter, including the requirement under section 150410 to
maintain its status as an organization exempt from taxation, the
charter granted by this chapter shall expire.
``Sec. 150415. Annual report
``(a) In General.--The corporation shall submit to Congress an
annual report describing the activities of the corporation during the
preceding fiscal year.
``(b) Submittal Date.--Each annual report under this section shall
be submitted at the same time as the report of the audit of the
corporation required by section 10101(b).
``(c) Report Not Public Document.--No annual report under this
section shall be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 36, United States Code, is amended by inserting after the item
relating to chapter 1503 the following:
``1504. National American Indian Veterans, Incorporated..... 150401''.
<all>
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118S1555 | Pollinator Power Act of 2023 | [
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1555 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1555
To amend the Farm Security and Rural Investment Act of 2002 to support
solar projects under the Rural Energy for America Program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Merkley (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 Farm Security and Rural Investment Act of 2002 to support
solar projects under the Rural Energy for America 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 ``Pollinator Power Act of 2023''.
SEC. 2. SOLAR PROJECTS UNDER RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007(c) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i)(II), by striking ``and''
at the end;
(ii) in clause (ii)(III), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) loan guarantees and grants to
agricultural producers, rural small businesses,
and farmer-owned cooperatives to carry out
solar projects that include the creation of
pollinator habitat (as defined by the Natural
Resources Conservation Service), in accordance
with subparagraph (C).''; and
(B) by adding at the end the following:
``(C) Solar projects with pollinator habitat
requirement.--A project described in subparagraph
(A)(iii) shall meet the following requirements:
``(i) Not less than 35 percent of new solar
area created under the project shall be
pollinator habitat (as defined by the Natural
Resources Conservation Service).
``(ii) Not less than 50 percent of the
pollinator habitat (as so defined) shall be
planted and maintained as a native cover
composed only of native plant species.'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Priority.--In providing loan guarantees and grants
under paragraph (1)(A), the Secretary shall give priority to
projects described in clause (iii) of that paragraph.''; and
(4) in paragraph (4) (as so redesignated), in subparagraph
(A)--
(A) by striking ``The amount'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), the amount''; and
(B) by adding at the end the following:
``(ii) Solar projects with pollinator
habitat.--The amount of a grant under paragraph
(1)(A)(iii) shall not exceed 55 percent of the
cost of the activity carried out using funds
from the grant, including the cost of the
creation of a pollinator habitat.''.
<all>
</pre></body></html>
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118S1556 | Seaman Xavier Sandor Support for Sailors Act | [
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1556 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1556
To amend title 37, United States Code, to authorize the payment of a
basic allowance for housing for certain members of the uniformed
services assigned to naval vessels undergoing maintenance, and to amend
title 5, United States Code, to authorize an increase in the number of
Navy deployed resiliency counselors available to such members.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Murphy (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To amend title 37, United States Code, to authorize the payment of a
basic allowance for housing for certain members of the uniformed
services assigned to naval vessels undergoing maintenance, and to amend
title 5, United States Code, to authorize an increase in the number of
Navy deployed resiliency counselors available to such members.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seaman Xavier Sandor Support for
Sailors Act''.
SEC. 2. ALLOWANCES AND RESOURCES FOR MEMBERS OF UNIFORMED SERVICES
ASSIGNED TO CERTAIN NAVAL VESSELS.
(a) Basic Allowance for Housing for Members Assigned to Vessels
Undergoing Maintenance.--Section 403(f)(2) of title 37, United States
Code, is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraphs (B), (C), and (D)'';
and
(2) by adding at the end the following new subparagraph:
``(D)(i) Under regulations prescribed by the Secretary concerned,
the Secretary may authorize the payment of a basic allowance for
housing to a member of a uniformed service without dependents who is
serving in any of pay grades E-1 through E-5 and has orders to a naval
vessel that is undergoing maintenance.
``(ii) In prescribing regulations under clause (i), the Secretary
concerned shall--
``(I) specify the types of vessel maintenance and the
duration of that maintenance required for a member described in
clause (i) to be eligible for a basic allowance for housing
under that clause; and
``(II) consider the availability of quarters for such
members before authorizing the payment of a basic allowance for
housing for such members.
``(iii) The Secretary concerned shall terminate the provision of a
basic allowance for housing to a member described in clause (i) upon
the completion of the vessel maintenance described in that clause.''.
(b) Increase in Number of Navy Deployed Resiliency Counselors.--
Section 9903(e) of title 5, United States Code, is amended--
(1) by striking ``The number'' and inserting ``(1) Except
as provided by paragraph (2), the number''; and
(2) by adding at the end the following new paragraph:
``(2) Without regard to the limitation under paragraph (1), the
Secretary may appoint and retain under subsection (b)(1) two licensed
clinicians to serve as Navy deployed resiliency counselors for each
nuclear-powered aircraft carrier (CVN) or large deck amphibious ship/
landing helicopter assault ship (LHD/LHA) in the Naval Vessel
Register.''.
<all>
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118S1557 | Affordable Housing Credit Improvement Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1557 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1557
To amend the Internal Revenue Code of 1986 to reform the low-income
housing credit, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Cantwell (for herself, Mr. Young, Mr. Wyden, and Mrs. Blackburn)
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 reform the low-income
housing credit, and for other 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 ``Affordable Housing
Credit Improvement 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--REFORM OF STATE ALLOCATION FORMULAS
Sec. 101. Increases in State allocations.
TITLE II--REFORMS RELATING TO TENANT ELIGIBILITY
Sec. 201. Average income test applicability to exempt facility bonds.
Sec. 202. Codification of rules relating to increased tenant income.
Sec. 203. Modification of student occupancy rules.
Sec. 204. Tenant voucher payments taken into account as rent for
certain purposes.
Sec. 205. Requirement that low-income housing credit-supported housing
protect victims of domestic abuse.
Sec. 206. Clarification of general public use requirement relating to
veterans, etc.
TITLE III--RULES RELATING TO CREDIT ELIGIBILITY AND DETERMINATION
Sec. 301. Reconstruction or replacement period after casualty loss.
Sec. 302. Modification of previous ownership rules; limitation on
acquisition basis.
Sec. 303. Certain relocation costs taken into account as rehabilitation
expenditures.
Sec. 304. Repeal of qualified census tract population cap.
Sec. 305. Determination of community revitalization plan to be made by
housing credit agency.
Sec. 306. Prohibition of local approval and contribution requirements.
Sec. 307. Increase in credit for certain projects designated to serve
extremely low-income households.
Sec. 308. Increase in credit for bond-financed projects designated by
State agency.
Sec. 309. Elimination of basis reduction for low-income housing
properties energy efficient commercial
building deduction.
Sec. 310. Restriction of planned foreclosures.
Sec. 311. Increase of population cap for difficult development areas.
Sec. 312. Increased cost oversight and accountability.
Sec. 313. Tax-exempt bond financing requirement.
TITLE IV--REFORMS RELATING TO NATIVE AMERICAN ASSISTANCE
Sec. 401. Selection criteria under qualified allocation plans.
Sec. 402. Inclusion of Indian areas as difficult development areas for
purposes of certain buildings.
TITLE V--REFORMS RELATING TO RURAL ASSISTANCE
Sec. 501. Inclusion of rural areas as difficult development areas.
Sec. 502. Uniform income eligibility for rural projects.
TITLE VI--EXEMPT FACILITY BONDS
Sec. 601. Revision and clarification of the treatment of refunding
issues.
TITLE VII--AFFORDABLE HOUSING TAX CREDIT
Sec. 701. Affordable housing tax credit.
TITLE VIII--DATA AND TRANSPARENCY
Sec. 801. Sense of Congress.
TITLE I--REFORM OF STATE ALLOCATION FORMULAS
SEC. 101. INCREASES IN STATE ALLOCATIONS.
(a) In General.--Clause (ii) of section 42(h)(3)(C) of the Internal
Revenue Code is amended--
(1) in subclause (I), by striking ``$1.75'' and inserting
``the per capita amount'', and
(2) in subclause (II), by striking ``$2,000,000'' and
inserting ``the minimum amount''.
(b) Per Capita Amount; Minimum Amount.--Section 42(h)(3) of the
Internal Revenue Code of 1986 is amended by striking subparagraphs (H)
and (I) and inserting the following:
``(H) Per capita amount.--For purposes of
subparagraph (C)(ii)(I), the per capita amount shall be
determined as follows:
``(i) Calendar year 2023.--For calendar
year, 2023, the per capita amount is $3.90.
``(ii) Calendar year 2024.--For calendar
year 2024, the per capita amount is the product
of--
``(I) 1.25, and
``(II) the dollar amount under
clause (i) increased by an amount equal
to--
``(aa) such dollar amount,
multiplied by
``(bb) the cost-of-living
adjustment determined under
section 1(f)(3) for such
calendar year, determined by
substituting `calendar year
2022' for `calendar year 2016'
in subparagraph (A)(ii)
thereof.
If the amount determined after
application of the preceding sentence
is not a multiple of $5,000, such
amount shall be rounded to the next
lowest multiple of $5,000.
``(iii) Calendar years after 2024.--In the
case of any calendar year after 2024, the per
capita amount is the dollar amount determined
under clause (ii) increased by an amount equal
to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any amount increased under the preceding
sentence which is not a multiple of 5 cents
shall be rounded to the next lowest multiple of
5 cents.
``(I) Minimum amount.--For purposes of subparagraph
(C)(ii)(II), the minimum amount shall be determined as
follows:
``(i) Calendar year 2023.--For calendar
year, 2023, the minimum amount is $4,495,000.
``(ii) Calendar year 2024.--For calendar
year 2024, the minimum amount is the product
of--
``(I) 1.25, and
``(II) the dollar amount under
clause (i) increased by an amount equal
to--
``(aa) such dollar amount,
multiplied by
``(bb) the cost-of-living
adjustment determined under
section 1(f)(3) for such
calendar year, determined by
substituting `calendar year
2022' for `calendar year 2016'
in subparagraph (A)(ii)
thereof.
If the amount determined after
application of the preceding sentence
is not a multiple of 5 cents, such
amount shall be rounded to the next
lowest multiple of 5 cents.
``(iii) Calendar years after 2024.--In the
case of any calendar year after 2024, the
minimum amount is the dollar amount determined
under clause (ii) increased by an amount equal
to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any amount increased under the preceding
sentence which is not a multiple of $5,000
shall be rounded to the next lowest multiple of
$5,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2022.
TITLE II--REFORMS RELATING TO TENANT ELIGIBILITY
SEC. 201. AVERAGE INCOME TEST APPLICABILITY TO EXEMPT FACILITY BONDS.
(a) In General.--Paragraph (1) of section 142(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``(A) or (B)'' and inserting ``(A), (B), or
(C)'', and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Average income test.--A project meets the
requirements of this subparagraph if it meets the
minimum requirements of section 42(g)(1)(C).''.
(b) Effective Date.--The amendments made by this section shall
apply to elections made under section 142(d)(1) of the Internal Revenue
Code of 1986 after March 23, 2018.
SEC. 202. CODIFICATION OF RULES RELATING TO INCREASED TENANT INCOME.
(a) In General.--Clause (i) of section 42(g)(2)(D) of the Internal
Revenue Code of 1986 is amended by striking ``clauses (ii), (iii), and
(iv)'' and all that follows and inserting ``clauses (ii), (iii), (iv),
and (vi), notwithstanding an increase in the income of the occupants
above the income limitation applicable under paragraph (1)--
``(I) a low-income unit shall
continue to be treated as a low-income
unit if the income of such occupants
initially was 60 percent or less of
area median gross income and such unit
continues to be rent-restricted, and
``(II) a unit to which, at the time
of initial occupancy by such occupants,
any Federal, State, or local government
income restriction applied, and which
subsequently becomes part of a building
with respect to which rehabilitation
expenditures are taken into account
under subsection (e), shall be treated
as a low-income unit if the income of
such occupants initially was 60 percent
or less of area median gross income and
does not exceed 120 percent of area
median gross income as of the date of
acquisition of the property by the
taxpayer.''.
(b) Exception.--Subparagraph (D) of section 42(g)(2) of the
Internal Revenue Code of 1986, as amended by this Act, is further
amended by adding at the end the following new clause:
``(vi) Exception to rule relating to
increased tenant income.--In the case of an
occupant of a low-income unit who initially
qualified to occupy such unit by reason of
paragraph (1)(C) with an income in excess of 60
percent of area median gross income but not in
excess of 80 percent of area median gross
income, clause (i) shall be applied for
substituting `80 percent' for `60 percent' each
place it appears.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 203. MODIFICATION OF STUDENT OCCUPANCY RULES.
(a) In General.--Subparagraph (D) of section 42(i)(3) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(D) Rules relating to students.--
``(i) In general.--A unit occupied solely
by individuals who--
``(I) have not attained age 24, and
``(II) are enrolled in a full-time
course of study at an institution of
higher education (as defined in section
3304(f)),
shall not be treated as a low-income unit.
``(ii) Exception for certain federal
programs.--In the case of a federally-assisted
building (as defined in subsection
(d)(6)(C)(i)), clause (i) shall not apply to a
unit all of the occupants of which meet all
applicable requirements under the housing
program described in such subsection through
which the building is assisted, financed, or
operated.
``(iii) Other exceptions.--An individual
shall not be treated as described in clause (i)
if the individual meets the income limitation
applicable under subsection (g)(1) to the
project of which the building is a part and--
``(I) is married,
``(II) is a person with
disabilities (as defined in section
3(b)(3)(E) of the United States Housing
Act of 1937),
``(III) is a veteran (as defined in
section 101(2) of title 38, United
States Code),
``(IV) has 1 or more qualifying
children (as defined in section
152(c)),
``(V) is or has been a victim or
threatened victim of domestic violence,
dating violence, sexual assault, or
stalking (as defined in section 40002
of the Violence Against Women Act of
1994),
``(VI) is or has been a victim of
any form of human trafficking, or
``(VII) is, or was prior to
attaining the age of majority--
``(aa) an emancipated minor
or in legal guardianship as
determined by a court of
competent jurisdiction in the
individual's State of legal
residence,
``(bb) under the care and
placement responsibility of the
State agency responsible for
administering a plan under part
B or part E of title IV of the
Social Security Act, or
``(cc) an unaccompanied
youth (within the meaning of
section 725(6) of the McKinney-
Vento Homeless Assistance Act
(42 U.S.C. 11434a(6))) or a
homeless child or youth (within
the meaning of section 725(2)
of such Act (42 U.S.C.
11434a(2))).
For purposes of subclause (VI), an
individual is or has been a victim of
human trafficking if such individual
was subjected to an act or practice
described in paragraph (11) or (12) of
section 103 of the Trafficking Victims
Protection Act of 2000.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2023.
SEC. 204. TENANT VOUCHER PAYMENTS TAKEN INTO ACCOUNT AS RENT FOR
CERTAIN PURPOSES.
(a) In General.--Subparagraph (B) of section 42(g)(2) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new sentence: ``In the case of a project with respect to
which the taxpayer elects the requirements of subparagraph (C) of
paragraph (1), or the portion of a project to which subsection
(d)(5)(C) applies, clause (i) shall not apply with respect to any
tenant-based assistance (as defined in section 8(f)(7) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(f)(7))).''.
(b) Effective Date.--The amendments made by this section shall
apply to rent paid in taxable years beginning after December 31, 2023.
SEC. 205. REQUIREMENT THAT LOW-INCOME HOUSING CREDIT-SUPPORTED HOUSING
PROTECT VICTIMS OF DOMESTIC ABUSE.
(a) In General.--Subparagraph (B) of section 42(h)(6) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (v), by striking the period at the end of clause (vi) and
inserting ``, and'', and by adding at the end the following new clause:
``(vii) which--
``(I) prohibits the refusal to
lease to, or termination of a lease by,
a person solely on the basis of
criminal activity directly relating to
domestic violence, dating violence,
sexual assault, or stalking that is
engaged in by a member of the household
of the tenant or any guest or other
person under the control of the tenant,
if the tenant or an affiliated
individual of the tenant is the victim
or threatened victim of such domestic
violence, dating violence, sexual
assault, or stalking, and
``(II) allows prospective, present,
or former occupants of the building the
right to enforce in any State court the
prohibition of subclause (I).''.
(b) Bifurcation.--
(1) In general.--Subparagraph (B) of section 42(h)(6) of
the Internal Revenue Code of 1986, as amended by subsection
(a), is further amended by adding at the end the following new
flush sentence:
``For purposes of clause (vii)(I), rules similar to the
rules of section 41411(b)(3)(B) of the Violence Against
Women Act of 1994 shall apply with respect to the owner
or manager of a building.''.
(2) Effect of bifurcation.--Paragraph (2) of section 42(g)
of such Code is amended by adding at the end the following new
subparagraph:
``(F) Treatment of bifurcation in cases of domestic
violence.--In any case in which--
``(i) an occupant is evicted or removed
from a low-income unit because such occupant
has engaged in criminal activity directly
relating to domestic violence, dating violence,
sexual assault, or stalking against an
affiliated individual or other individual on
the basis of criminal activity directly
relating to domestic violence, dating violence,
sexual assault, or stalking, and
``(ii) the lease on such unit is bifurcated
as provided in the last sentence of subsection
(h)(6)(B),
then the remaining occupants of such low-income unit
shall not be treated as a new tenant for purposes of
this section.''.
(c) Clarification of General Public Use Requirement.--Paragraph (9)
of section 42(g) of the Internal Revenue Code of 1986 is amended by
striking ``or'' at the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ``, or'', and by adding at
the end the following new subparagraph:
``(D) who are victims or threatened victims of
criminal activity directly relating to domestic
violence, dating violence, sexual assault, or
stalking.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to agreements
executed or modified on or after the date that is 30 days after
the date of the enactment of this Act.
(2) Public use requirement.--The amendments made by
subsection (c) shall apply to buildings placed in service
before, on, or after the date of the enactment of this Act.
SEC. 206. CLARIFICATION OF GENERAL PUBLIC USE REQUIREMENT RELATING TO
VETERANS, ETC.
(a) In General.--Paragraph (9) of section 42(g) of the Internal
Revenue Code of 1986, as amended by section 205, is further amended by
adding at the end the following flush language:
``Any veteran of the Armed Forces shall be treated as a member
of a specified group under a Federal program for purposes of
subparagraph (B).''.
(b) Qualified Residential Rental Projects.--Paragraph (2) of
section 142(d) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(F) Clarification of general public use
requirement.--A unit shall not fail to meet the general
public use requirement solely because of occupancy
restrictions or preferences, if such restrictions or
preferences meet the general public use requirement of
section 42.''.
(c) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
apply to buildings placed in service before, on, or after the
date of the enactment of this Act.
(2) Qualified residential rental projects.--The amendment
made by subsection (b) shall apply to bonds issued before, on,
or after the date of the enactment of this Act.
TITLE III--RULES RELATING TO CREDIT ELIGIBILITY AND DETERMINATION
SEC. 301. RECONSTRUCTION OR REPLACEMENT PERIOD AFTER CASUALTY LOSS.
(a) No Recapture Following Casualty Loss.--Subparagraph (E) of
section 42(j)(4) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(E) No recapture by reason of casualty loss.--
``(i) In general.--The increase in tax
under this subsection shall not apply to a
reduction in qualified basis by reason of a
casualty loss to the extent such loss is
restored by reconstruction or replacement
within a reasonable period established by the
applicable housing credit agency, not to exceed
25 months from the date on which the qualified
casualty loss arises.
``(ii) Qualified casualty losses.--In the
case of a qualified casualty loss, the period
described in clause (i) may be extended, but
not in excess of 12 months, if the applicable
housing credit agency determines the qualified
casualty arose by reason of an event which was
not discrete to the building and which made a
reconstruction or replacement within 25 months
impractical. In the event the applicable
housing credit agency determines a period in
excess of 25 months is necessary for such
reconstruction or replacement, the compliance
period shall be increased by any such
additional time.
``(iii) Application.--The determination
under paragraph (1) shall not be made with
respect to a property the basis of which is
affected by a qualified casualty loss until the
period described in clause (i) (as modified by
clause (ii), if applicable) with respect to
such property has expired.
``(iv) Qualified casualty loss.--For
purposes of this subparagraph, the term
`qualified casualty loss' means a casualty loss
that is the result of a Federally declared
disaster (as defined in section 165(i)(5)).''.
(b) Qualified Basis Following Casualty Loss.--Paragraph (1) of
section 42(c) of the Internal Revenue Code of 1986 is amended by adding
at the end the following new subparagraph:
``(F) Qualified basis following casualty loss.--If
a casualty causes the qualified basis of a building in
any year to be less than the qualified basis in the
immediately preceding year then, in the year of such
casualty and each succeeding year until such building
or the units affected by the casualty are reconstructed
or replaced (but only through the last year of the
period permitted for reconstruction or replacement
under subsection (j)(4)(E))--
``(i) the qualified basis of such building
shall be equal to the qualified basis of such
building as of the last day of the year
preceding the year in which such casualty
occurred,
``(ii) if such building is not
reconstructed or replaced by the expiration of
the applicable period for such reconstruction
or replacement under subsection (j)(4), then
the recapture amount provided for in subsection
(j)(1) shall include the amount of any credit
claimed under this section by reason of the
application of clause (i), and
``(iii) a building which was a qualified
low-income building as of the last day of the
year preceding the year in which such casualty
occurred shall not cease to be a qualified low-
income building solely because of such
casualty.''.
(c) Effective Date.--The amendments made by this section shall
apply to casualties occurring after the date which is 25 months before
the date of the enactment of this Act.
SEC. 302. MODIFICATION OF PREVIOUS OWNERSHIP RULES; LIMITATION ON
ACQUISITION BASIS.
(a) In General.--Clause (ii) of section 42(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by inserting ``, or the taxpayer elects
the application of subparagraph (C)(ii)'' after ``service''.
(b) Limitation on Acquisition Basis.--Subparagraph (C) of section
42(d)(2) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``For purposes of subparagraph (A), the
adjusted basis'' and inserting ``For purposes of subparagraph
(A)--
``(i) In general.--The adjusted basis'',
and
(2) by adding at the end the following new clauses:
``(ii) Buildings in service within previous
10 years.--If the period between the date of
acquisition of the building by the taxpayer and
the date the building was last placed in
service is less than 10 years, the taxpayer's
basis attributable to the acquisition of the
building which is taken into account in
determining the adjusted basis shall not exceed
the sum of--
``(I) the lowest amount paid for
acquisition of the building by any
person during the 10 years preceding
the date of the acquisition of the
building by the taxpayer, adjusted as
provided in clause (iii), and
``(II) the value of any capital
improvements made by the person who
sells the building to the taxpayer
which are reflected in such seller's
basis.
``(iii) Adjustment.--With respect to a
basis determination made in any taxable year,
the amount described in clause (ii)(I) shall be
increased by an amount equal to--
``(I) such amount, multiplied by
``(II) a cost-of-living adjustment,
determined in the same manner as under
section 1(f)(3) for the calendar year
in which the taxable year begins by
taking into account the acquisition
year in lieu of calendar year 1992.
For purposes of the preceding sentence, the
acquisition year is the calendar year in which
the lowest amount referenced in clause (ii)(I)
was paid for the acquisition of the
building.''.
(c) Conforming Amendments.--Clause (i) of section 42(d)(2)(D) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``for subparagraph (b)'' in the heading,
and
(2) by striking ``subparagraph (B)(ii)'' in the matter
preceding subclause (I) and inserting ``subparagraph (B)(ii) or
(C)(ii)''.
(d) Modification of Placed in Service Rule.--Clause (iii) of
section 42(d)(2)(B) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(iii) the building was not owned by the
taxpayer or by any person related (as of the
date of acquisition by the taxpayer) to the
taxpayer at any time during the 5-year period
ending on the date of acquisition by the
taxpayer, and''.
(e) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2022.
SEC. 303. CERTAIN RELOCATION COSTS TAKEN INTO ACCOUNT AS REHABILITATION
EXPENDITURES.
(a) In General.--Paragraph (2) of section 42(e) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Certain relocation costs.--In the case of a
rehabilitation of a building to which section 280B does
not apply, costs relating to the relocation of
occupants, including--
``(i) amounts paid to occupants,
``(ii) amounts paid to third parties for
services relating to such relocation, and
``(iii) amounts paid for temporary housing
for occupants,
shall be treated as chargeable to capital account and
taken into account as rehabilitation expenditures.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenditures paid or incurred after December 31, 2022.
(c) No Inference.--Nothing in the amendment made by this section
shall be construed to create any inference with respect to the
treatment of relocation costs paid or incurred before December 31,
2022.
SEC. 304. REPEAL OF QUALIFIED CENSUS TRACT POPULATION CAP.
(a) In General.--Clause (ii) of section 42(d)(5)(B) of the Internal
Revenue Code of 1986 is amended--
(1) by striking subclauses (II) and (III), and
(2) by striking ``Qualified census tract.--
``(I) In general.--The term'',
and inserting ``Qualified census tract.--The term''.
(b) Effective Date.--The amendments made by this section shall
apply to designations of qualified census tracts under section
42(d)(5)(B)(ii) of the Internal Revenue Code of 1986 after December 31,
2023.
SEC. 305. DETERMINATION OF COMMUNITY REVITALIZATION PLAN TO BE MADE BY
HOUSING CREDIT AGENCY.
(a) In General.--Subclause (III) of section 42(m)(1)(B)(ii) of the
Internal Revenue Code of 1986 is amended by inserting ``, as determined
by the housing credit agency according to criteria established by such
agency,'' after ``(d)(5)(B)(ii)) and''.
(b) Criteria.--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) Criteria for determination relating to
concerted community revitalization plan.--For purposes
of subparagraph (B)(ii)(III), the criteria which shall
be established by a housing credit agency for
determining whether the development of a project
contributes to a concerted community development plan
shall take into account any factors the agency deems
appropriate, including the extent to which the proposed
plan--
``(i) is geographically specific,
``(ii) outlines a clear plan for
implementation and goals for outcomes,
``(iii) includes a strategy for applying
for or obtaining commitments of public or
private investment (or both) in nonhousing
infrastructure, amenities, or services, and
``(iv) demonstrates the need for community
revitalization.''.
(c) Effective Date.--The amendments made by this section shall
apply to allocations of housing credit dollar amounts made under
qualified allocation plans (as defined in section 42(m)(1)(B) of the
Internal Revenue Code of 1986) adopted after December 31, 2023.
SEC. 306. PROHIBITION OF LOCAL APPROVAL AND CONTRIBUTION REQUIREMENTS.
(a) In General.--Paragraph (1) of section 42(m) of the Internal
Revenue Code of 1986, as amended by section 305, is further amended--
(1) by striking clause (ii) of subparagraph (A) and by
redesignating clauses (iii) and (iv) thereof as clauses (ii)
and (iii), and
(2) by adding at the end the following new subparagraph:
``(F) Local approval or contribution not taken into
account.--The selection criteria under a qualified
allocation plan shall not include consideration of--
``(i) any support or opposition with
respect to the project from local or elected
officials, or
``(ii) any local government contribution to
the project, except to the extent such
contribution is taken into account as part of a
broader consideration of the project's ability
to leverage outside funding sources, and is not
prioritized over any other source of outside
funding.''.
(b) Effective Date.--The amendments made by this section shall
apply to allocations of housing credit dollar amounts made under
qualified allocation plans (as defined in section 42(m)(1)(B) of the
Internal Revenue Code of 1986) adopted after December 31, 2023.
SEC. 307. INCREASE IN CREDIT FOR CERTAIN PROJECTS DESIGNATED TO SERVE
EXTREMELY LOW-INCOME HOUSEHOLDS.
(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 extremely low-income households.--In the case of
any building--
``(i) 20 percent or more of the residential
units (determined as if the imputed income
limitation applicable to such units were 30
percent of area median gross income) in which
are designated by the taxpayer for occupancy by
households the aggregate household income of
which does not exceed the greater of--
``(I) 30 percent of area median
gross income, or
``(II) 100 percent of an amount
equal to the Federal poverty line
(within the meaning of section
36B(d)(3)), and
``(ii) 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 (determined
in a manner similar to the unit fraction under
subsection (c)(1)(C)), and the eligible basis of such
portion of the building shall be 150 percent of such
basis determined without regard to this
subparagraph.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings which receive allocations of housing credit dollar amount
after the date of enactment of this Act or, in the case of buildings
financed as described in section 42(h)(4)(B) of the Internal Revenue
Code of 1986, to buildings financed by obligations which are part of an
issue the issue date of which is after December 31, 2023.
SEC. 308. INCREASE IN CREDIT FOR BOND-FINANCED PROJECTS DESIGNATED BY
STATE AGENCY.
(a) In General.--Clause (v) of section 42(d)(5)(B) of the Internal
Revenue Code of 1986 is amended by striking the second sentence.
(b) Technical Amendment.--Clause (v) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986, as amended by subsection (a), is further
amended--
(1) by striking ``State'' in the heading, and
(2) by striking ``State housing credit agency'' and
inserting ``housing credit agency''.
(c) Effective Date.--The amendments made by this section shall
apply to buildings described in section 42(h)(4)(B) of the Internal
Revenue Code of 1986 which are financed by obligations which are part
of an issue the issue date of which is after December 31, 2023.
SEC. 309. ELIMINATION OF BASIS REDUCTION FOR LOW-INCOME HOUSING
PROPERTIES ENERGY EFFICIENT COMMERCIAL BUILDING
DEDUCTION.
(a) Energy Efficient Commercial Buildings Deduction.--Subsection
(e) of section 179D of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Reduction.--For purposes'' and inserting
``Reduction.--
``(1) In general.--For purposes'', and
(2) by adding at the end the following new paragraph:
``(2) Exception for affordable housing properties.--
Paragraph (1) shall not apply for purposes of determining
eligible basis under section 42.''.
(b) Effective Date.--The amendments made by this section shall
apply to buildings which receive allocations of housing credit dollar
amount after the date of the enactment of this Act or, in the case of
buildings financed as described in section 42(h)(4)(B) of the Internal
Revenue Code of 1986, to buildings financed by obligations which are
part of an issue the issue date of which is after December 31, 2023.
SEC. 310. RESTRICTION OF PLANNED FORECLOSURES.
(a) In General.--Subclause (I) of section 42(h)(6)(E)(i) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(I) on the 61st day after the
taxpayer (or a successor in interest)
provides notice to the Secretary and
the housing credit agency that the
building has been acquired by
foreclosure (or instrument in lieu of
foreclosure) and that the taxpayer
intends the termination of such period,
unless, before such date, the Secretary
or the housing credit agency determines
that such acquisition is part of an
arrangement with the taxpayer a purpose
of which is to terminate such period,
or''.
(b) Conforming Amendment.--The second sentence of clause (i) of
section 42(h)(6)(E) of the Internal Revenue Code of 1986 is amended by
striking ``Subclause (II)'' and inserting ``Subclauses (I) and (II)''.
(c) Effective Date.--The amendments made by this section shall
apply to acquisitions by foreclosure (or instrument in lieu of
foreclosure) after December 31, 2022.
SEC. 311. INCREASE OF POPULATION CAP FOR DIFFICULT DEVELOPMENT AREAS.
(a) In General.--Subclause (II) of section 42(d)(5)(B)(iii) of the
Internal Revenue Code of 1986 is amended by striking ``20 percent'' and
inserting ``30 percent''.
(b) Effective Date.--The amendment made by this section shall apply
to designations made under section 42(d)(5)(B)(iii) of the Internal
Revenue Code of 1986 after December 31, 2023.
SEC. 312. INCREASED COST OVERSIGHT AND ACCOUNTABILITY.
(a) In General.--Subparagraph (C) of section 42(m)(1) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ix), by striking the period at the end of clause (x) and
inserting ``, and'', and by adding at the end the following new clause:
``(xi) the reasonableness of the
development costs of the project.''.
(b) Effective Date.--The amendments made by this section shall
apply to allocations of credits under section 42 of the Internal
Revenue Code of 1986 made after December 31, 2023.
SEC. 313. 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 new sentence: ``In the case of buildings financed by an
obligation first taken into account under section 146 in calendar years
beginning after the date of the enactment of the Affordable Housing
Credit Improvement Act of 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 any building some portion of which, or of the land on which the
building is located, is financed by an obligation which is described in
section 42(h)(4)(A) of the Internal Revenue Code of 1986 and which is
part of an issue the issue date of which is after December 31, 2023.
TITLE IV--REFORMS RELATING TO NATIVE AMERICAN ASSISTANCE
SEC. 401. SELECTION CRITERIA UNDER QUALIFIED ALLOCATION PLANS.
(a) In General.--Subparagraph (C) of section 42(m)(1) of the
Internal Revenue Code of 1986, as amended by section 312, is further
amended by striking ``and'' at the end of clause (x), by striking the
period at the end of clause (xi) and inserting ``, and'', and by adding
at the end the following new clause:
``(xii) the affordable housing needs of
individuals in the State who are--
``(I) enrolled members of a tribe
with respect to an Indian tribal
government (including any agencies or
instrumentalities of an Indian tribal
government and any Alaska Native
regional or village corporation, as
defined in, or established pursuant to,
the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), or
``(II) described in section 801(9)
of the Native American Housing
Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4221(9)).''.
(b) Effective Date.--The amendments made by this section shall
apply to allocations of credits under section 42 of the Internal
Revenue Code of 1986 made after December 31, 2023.
SEC. 402. INCLUSION OF INDIAN AREAS AS DIFFICULT DEVELOPMENT AREAS FOR
PURPOSES OF CERTAIN BUILDINGS.
(a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) of the
Internal Revenue Code of 1986 is amended by inserting before the period
the following: ``, and any Indian area''.
(b) Indian Area.--Clause (iii) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986 is amended by redesignating subclause
(II) as subclause (III) and by inserting after subclause (I) the
following new subclause:
``(II) Indian area.--For purposes
of subclause (I), the term `Indian
area' means any Indian area (as defined
in section 4(11) of the Native American
Housing Assistance and Self
Determination Act of 1996 (25 U.S.C.
4103(11))) and any housing area (as
defined in section 801(5) of such Act
(25 U.S.C. 4221(5))).''.
(c) Eligible Buildings.--Clause (iii) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986, as amended by subsection (b), is further
amended by adding at the end the following new subclause:
``(IV) Special rule for buildings
in indian areas.--In the case of an
area which is a difficult development
area solely because it is an Indian
area, a building shall not be treated
as located in such area unless such
building is assisted or financed under
the Native American Housing Assistance
and Self Determination Act of 1996 (25
U.S.C. 4101 et seq.) or the project
sponsor is an Indian tribe (as defined
in section 45A(c)(6)), a tribally
designated housing entity (as defined
in section 4(22) of such Act (25 U.S.C.
4103(22))), or wholly owned or
controlled by such an Indian tribe or
tribally designated housing entity.''.
(d) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2023.
TITLE V--REFORMS RELATING TO RURAL ASSISTANCE
SEC. 501. INCLUSION OF RURAL AREAS AS DIFFICULT DEVELOPMENT AREAS.
(a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) of the
Internal Revenue Code of 1986, as amended by section 402, is further
amended by inserting ``, any rural area'' after ``median gross
income''.
(b) Rural Area.--Clause (iii) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986, as amended by section 402, is further
amended by redesignating subclause (III) as subclause (IV) and by
inserting after subclause (II) the following new subclause:
``(III) Rural area.--For purposes
of subclause (I), the term `rural area'
means any non-metropolitan area, or any
rural area as defined by section 520 of
the Housing Act of 1949, which is
identified by the qualified allocation
plan under subsection (m)(1)(B).''.
(c) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2023.
SEC. 502. UNIFORM INCOME ELIGIBILITY FOR RURAL PROJECTS.
(a) In General.--Paragraph (8) of section 42(i) of the Internal
Revenue Code of 1986 is amended by striking the second sentence.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
TITLE VI--EXEMPT FACILITY BONDS
SEC. 601. REVISION AND CLARIFICATION OF THE TREATMENT OF REFUNDING
ISSUES.
(a) In General.--Subparagraph (A) of section 146(i)(6) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(A) In general.--During the 12-month period
beginning on the date of a repayment of a loan financed
by an issue 95 percent or more of the net proceeds of
which are used to provide projects described in section
142(d), if such repayment is used to provide a new loan
for any project described in section 142(a)(7) or for
any purpose described in subsection (a)(2)(A) or (b) of
section 143, any bond which is issued to refinance such
issue shall be treated as a refunding issue. Any issue
treated as a refunding issue by reason of the preceding
sentence shall be so treated only to the extent the
principal amount of such refunding issue does not
exceed the principal amount of the bonds refunded.''.
(b) Removal of One-Refunding Limit.--Subparagraph (B) of section
146(i)(6) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``4 years'' in clause (i) and inserting
``10 years'',
(2) by striking ``was issued'' in clause (ii) and inserting
``is issued'',
(3) by redesignating clauses (i) (as so amended), (ii) (as
so amended), and (iii) as subclauses (I), (II), and (III),
respectively, and by moving such subclauses 2 ems to the right,
(4) by striking ``Limitations.--Subparagraph (A) shall
apply to only one refunding of the original issue and'' and
inserting ``Limitations.--
``(i) In general.--Subparagraph (A) shall
apply to a bond'', and
(5) by adding at the end the following new clause:
``(ii) Source of loan repayment.--
Subparagraph (A) shall not apply to any
repayment of a loan which is--
``(I) made by a repayment of
another loan, or
``(II) financed by an issue treated
as a refunding issue under subparagraph
(A).''.
(c) Conforming Amendment.--The heading of paragraph (6) of section
146(i) of the Internal Revenue Code of 1986 is amended by striking
``residential rental project bonds as refunding bonds irrespective of
obligor'' and inserting ``bonds as refunding bonds''.
(d) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(c) shall apply to bonds issued on or after the date of the
enactment of this Act.
(2) Removal of one-refunding limit.--The amendments made by
subsection (b) shall apply to repayments of loans received
after July 30, 2008.
TITLE VII--AFFORDABLE HOUSING TAX CREDIT
SEC. 701. AFFORDABLE HOUSING TAX CREDIT.
(a) In General.--The heading of section 42 of the Internal Revenue
Code of 1986 is amended by striking ``low-income'' and inserting
``affordable''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 42 of the Internal Revenue
Code of 1986 is amended by striking ``low-income'' and
inserting ``affordable''.
(2) Paragraph (5) of section 38(b) of such Code is amended
by striking ``low-income'' and inserting ``affordable''.
(3) The heading of subparagraph (D) of section 469(i)(3) of
such Code is amended by striking ``low-income'' and inserting
``affordable''.
(4) The heading of subparagraph (B) of section 469(i)(6) of
such Code is amended by striking ``low-income'' and inserting
``affordable''.
(5) Paragraph (7) of section 772(a) of such Code is amended
by striking ``low-income'' and inserting ``affordable''.
(6) Paragraph (5) of section 772(d) of such Code is amended
by striking ``low-income'' and inserting ``affordable''.
(c) Clerical Amendment.--The item relating to section 42 in the
table of sections for subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended to read as follows:
``Sec. 42. Affordable housing credit.''.
TITLE VIII--DATA AND TRANSPARENCY
SEC. 801. SENSE OF CONGRESS.
(a) Transparency.--It is the sense of Congress that in addition to
expanding and strengthening the affordable housing credit through the
provisions in the Affordable Housing Credit Improvement Act of 2023,
subsequent steps should also be taken to share data and identify other
ways to increase the transparency of the program, and the House of
Representatives and the Senate should work together with Federal
agencies to identify data sources that can be shared.
(b) Discriminatory Land Use Policies.--It is the Sense of Congress
that action should be taken to discourage the use of discriminatory
land use policies and remove barriers to making housing more affordable
to further the original intent of the affordable housing credit
program. The House and Senate should work together to develop
incentives within the affordable housing credit program to encourage
states and localities to remove or reform burdensome land use and
zoning regulations and facilitate the adoption or continuation of
inclusive land use and zoning policies to increase housing supply and
affordability.
<all>
</pre></body></html>
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118S1558 | WWII Nurses Congressional Gold Medal Act | [
[
"B001230",
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"sponsor"
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[
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] | <p><strong>WWII Nurses Congressional Gold Medal Act</strong></p> <p>This bill provides for the award of a Congressional Gold Medal to World War II Army and Navy Nurse Corps members in recognition of their critical military service and devotion to duty.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1558 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1558
To award a Congressional Gold Medal, collectively, to the brave women
who served in World War II as members of the U.S. Army Nurse Corps and
U.S. Navy Nurse Corps.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Baldwin (for herself, Mr. Daines, Ms. Warren, Mrs. Shaheen, Mrs.
Blackburn, and Mr. Braun) introduced the following bill; which was read
twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal, collectively, to the brave women
who served in World War II as members of the U.S. Army Nurse Corps and
U.S. Navy Nurse Corps.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WWII Nurses Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On December 8, 1941, the United States declared war
against the Empire of Japan, followed by declarations of war
against Germany and Italy on December 11, 1941. In 1935, there
were fewer than 600 United States Army nurses and 1,700 United
States Navy nurses on active duty. By the time World War II
ended, more than 59,000 Army nurses and 14,000 Navy nurses had
volunteered to serve.
(2) The Act of June 4, 1920 (41 Stat. 759; chapter 227),
granted women in the Nurse Corps ``relative rank.'' This gave
them the right to wear the military insignia, but did not
confer military status or privileges. This arrangement meant
women serving throughout World War II received 50 percent of
the pay as compared to their male counterparts, and none of the
veteran benefits. Because they did not receive military status,
they received no orientation or training before being deployed
to hospitals near the front lines.
(3) Nurses served under fire in field hospitals and
evacuation hospitals across 6 continents, on hospital trains
and ships, and as flight nurses on medical transport planes.
Several nurses were killed in action when their ships were
torpedoed or field hospitals were bombed. Some even entered
into combat areas as flight nurses to retrieve the wounded, and
2 groups were captured as prisoners of war by the Japanese.
(4) General Douglas MacArthur ordered Army nurses to the
Bataan Peninsula to prepare 2 emergency hospitals for United
States and Filipino forces. General Hospital 1 received
casualties directly from the front lines, and more than 1,200
battle casualties requiring major surgery were admitted within
a month. General Hospital 2 accepted patients strong enough for
evacuation, as it was out in the open, with no tents or
buildings, and only tree canopy to conceal them from Japanese
aircraft. Hospital 1 was bombed on March 29, 1942, killing or
wounding more than 100 patients, but the nurses carried on with
their duties as well as they were able. Following the United
States Army surrender of the Philippines to the Japanese on May
6, 1942, 67 Army nurses were taken to Santo Tomas Internment
Camp in Manila, where they remained until February 1945. During
the 37 months in captivity, these women endured primitive
conditions and starvation rations, but continued to care for
the ill and injured in the internment camp hospital.
(5) Early in the morning of November 8, 1942, 60 nurses
attached to the 48th Surgical Hospital landed off the coast of
North Africa. The nurses wore helmets and carried full packs
containing medical equipment. Without weapons, they waded
ashore amid enemy sniper fire and ultimately took shelter in an
abandoned civilian hospital, where they began caring for
invasion casualties. There was no electricity or running water,
and the only medical supplies available were those the nurses
had brought themselves.
(6) In Anzio, Italy, nurses dug foxholes outside their
tents or under their cots and cared for patients under German
shellfire. The field hospital tents were marked by large red
crosses and were sometimes deliberately hit with artillery
shells and bombs. On February 7, 1944, a German pilot being
pursued by British fighter planes dropped 5 antipersonnel bombs
on the hospital, destroying 29 ward tents, killing 26 and
wounding 64. The dead included 3 nurses, 2 medical officers, a
Red Cross worker, 14 enlisted men and 6 patients. Troops came
to refer to the hospital area as ``Hell's Half-Acre'' because
it was hit so frequently by enemy fire. At least 200 nurses
took part in the Anzio campaign, caring for more than 33,000
patients behind enemy lines.
(7) Army and Navy nurses acclimated quickly to difficult
and dangerous conditions with a minimum of complaints, and were
essential members of the field armies.
(8) The presence of nurses at the front improved morale
because soldiers realized that they would receive skilled care
in the event they were wounded.
(9) Thanks largely to the efforts of these nurses, fewer
than 4 percent of the American soldiers who received medical
care in the field or underwent evacuation died from wounds or
disease.
(10) After the war, broad public health missions required
that Army and Navy nurses supervise communicable disease
measures as former enemy countries were reorganized. In
Hiroshima, these officers cared for victims of the atomic
bombs. In Munich, they prevented mass epidemic in refugee
camps. Army and Navy nurses even provided prenatal, infant, and
mental health care in other former-enemy territories.
(11) Nurses received 1,619 medals, citations, and
commendations during the war, reflecting the courage and
dedication of all who served. Sixteen medals were awarded
posthumously to nurses who died as a result of enemy fire,
including 6 nurses who died at Anzio, 6 who died when the
hospital ship Comfort was attacked by a Japanese suicide plane,
and 4 flight nurses. Thirteen other flight nurses died in
weather-related crashes while on duty.
(12) In 1944, Congress passed a bill that granted Army and
Navy Nurses actual military rank and benefits, approved for the
duration of the war plus 6 months.
(13) In 1947, Congress passed legislation establishing a
permanent Army and Navy Nursing Corps and gave members
permanent officer status with equal pay and the same benefits
as those given to male officers.
(14) In 1948, all military branches were integrated and
female doctors were finally admitted to the Army Medical Corps.
(15) Although African-American nurses were fully qualified
and prepared to serve as nurses at the onset of World War II,
racial segregation and discrimination made it difficult for
Black women to join the ranks of the Army Nurse Corps.
(16) As the Army Nurse Corps began expanding its recruiting
process, thousands of Black nurses who wanted to serve their
country filled out applications.
(17) While the Army did eventually integrate African-
American nurses in 1941, it did so unwillingly and placed a
quota on the number of African-American nurses that they would
accept, capping the number allowed to join at 56.
(18) Many of them had hardship tours and were sent to
segregated camps to take care of African-American soldiers and
would rotate and allow White nurses reprieve in taking care of
German prisoners of war. As the war progressed, the number of
Black nurses allowed to enlist remained low, although the quota
was officially lifted in July 1944.
(19) The extraordinary efforts of these women are deserving
of belated official recognition.
(20) The United States is eternally grateful to the nurses
of the Army and Navy Nurse Corps for their bravery and
dedication to their patients through World War II, which saved
lives and made significant contributions to the defeat of the
Axis powers.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of Congress, of a gold medal of
appropriate design in honor of World War II Army and Navy Nurse Corps
members, in recognition of the critical military service and devotion
to duty of those nurses.
(b) Design and Striking.--For purposes of the award described in
subsection (a), the Secretary of the Treasury (referred to in this Act
as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be available for
display as appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at--
(A) appropriate locations associated with the Army
and Navy Nurse Corps of World War II, including--
(i) the U.S. Army Medical Center of
Excellence;
(ii) the Women in Military Service for
America Memorial;
(iii) the U.S. Army Women's Museum;
(iv) the National Naval Medical Centers;
and
(v) the National World War II Museum; and
(B) any other location determined appropriate by
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 sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
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118S1559 | Book Minimum Tax Repeal Act | [
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
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"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
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"cosponsor"
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] | <p> <strong>Book Minimum Tax Repeal Act </strong></p> <p>This bill repeals the 15% alternative tax on the financial statement (i.e., book) income of certain corporations. The tax applies to companies that report over $1 billion in profits to their shareholders.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1559 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1559
To amend the Internal Revenue Code of 1986 to repeal the corporate
alternative minimum tax.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Barrasso (for himself, Mr. Crapo, Mr. Lankford, Mr. Young, Mr.
Cassidy, Mr. Daines, Mrs. Blackburn, Mr. Risch, Mr. Braun, and Ms.
Lummis) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to repeal the corporate
alternative minimum tax.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Book Minimum Tax Repeal Act''.
SEC. 2. REPEAL OF CORPORATE ALTERNATIVE MINIMUM TAX.
(a) In General.--Section 55 of the Internal Revenue Code of 1986 is
amended--
(1) in subsection (a)--
(A) by striking ``There'' and inserting ``In the
case of a taxpayer other than a corporation, there'',
and
(B) by striking ``plus, in the case of an
applicable corporation, the tax imposed by section
59A'' in paragraph (2), and
(2) by striking subsection (b) and inserting the following:
``(b) Tentative Minimum Tax.--
``(1) Amount of tentative minimum tax.--
``(A) In general.--The tentative minimum tax for
the taxable year is the sum of--
``(i) 26 percent of so much of the taxable
excess as does not exceed $175,000, plus
``(ii) 28 percent of so much of the taxable
excess as exceeds $175,000.
The amount determined under the preceding sentence
shall be reduced by the alternative minimum tax foreign
tax credit for the taxable year.
``(B) Taxable excess.--For purposes of this
subsection, the term `taxable excess' means so much of
the alternative minimum taxable income for the taxable
year as exceeds the exemption amount.
``(C) Married individual filing separate return.--
In the case of a married individual filing a separate
return, subparagraph (A) shall be applied by
substituting 50 percent of the dollar amount otherwise
applicable under clause (i) and clause (ii) thereof.
For purposes of the preceding sentence, marital status
shall be determined under section 7703.
``(2) Alternative minimum taxable income.--The term
`alternative minimum taxable income' means the taxable income
of the taxpayer for the taxable year--
``(A) determined with the adjustments provided in
section 56 and section 58, and
``(B) increased by the amount of the items of tax
preference described in section 57.
If a taxpayer is subject to the regular tax, such taxpayer
shall be subject to the tax imposed by this section (and, if
the regular tax is determined by reference to an amount other
than taxable income, such amount shall be treated as the
taxable income of such taxpayer for purposes of the preceding
sentence).''.
(b) Application to General Business Credit.--Section 38(c)(6)(E) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(E) Corporations.--In the case of a corporation,
this subsection shall be applied by treating the
corporation as having a tentative minimum tax of
zero.''.
(c) Conforming Amendments.--
(1) Section 11(d) of the Internal Revenue Code of 1986 is
amended by striking ``the taxes imposed by subsection (a) and
section 55'' and inserting ``the tax imposed by subsection
(a)''.
(2) Section 12 of such Code is amended by striking
paragraph (5).
(3) Section 53 of such Code is amended by striking
subsection (e).
(4) Part VI of subchapter A of chapter 1 of such Code is
amended by striking section 56A (and the item related to such
section in the table of sections for such part).
(5) Section 59 of such Code is amended by striking
subsections (k) and (l).
(6) Section 860E(a)(4) of such Code is amended by striking
``section 55(b)(1)(D)'' and inserting ``section 55(b)(2)''.
(7) Section 882(a)(1) of such Code is amended by ``, 55,''.
(8) Section 897(a)(2)(A)(i) of such Code is amended by
striking ``section 55(b)(1)(D)'' and inserting ``section
55(b)(2)''.
(9) Section 6425(c)(1)(A) of such Code is amended by
striking clause (ii) and by redesignating clause (iii) as
clause (ii).
(10) Section 6655(e)(2) of such Code is amended by striking
``, adjusted financial statement income (as defined in section
56A)'' each place it appears in subparagraphs (A)(i) and
(B)(i).
(11) Section 6655(g)(1)(A) of such Code is amended by
striking clause (ii) and by redesignating clauses (iii) and
(iv) as clauses (ii) and (iii), respectively.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
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118S156 | Accountability Through Electronic Verification Act | [
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] | <p><b>Accountability Through Electronic Verification Act</b></p> <p>This bill expands the E-Verify program by requiring all employers to use it and permanently reauthorizes the program. Currently, E-Verify use is voluntary for most employers, although some states mandate its use.</p> <p>All employers must use E-Verify to confirm the identity and employment eligibility of all recruited, referred, or hired individuals, including current employees who were never verified under the program. Failure to use E-Verify shall create a rebuttable presumption that the employer is violating immigration law. </p> <p>U.S. Citizenship and Immigration Services must generate weekly reports about individuals who have received a final nonconfirmation of employment eligibility. The Department of Homeland Security (DHS) must use the report to enforce immigration laws.</p> <p>DHS must establish a program to help certain small businesses verify employee eligibility. DHS shall also update E-Verify's design to help prevent and detect fraud and identity theft.</p> <p>The bill increases civil and criminal penalties for hiring non-U.S. nationals (<i>aliens </i>under federal law) who are not authorized to work. DHS must debar repeat offenders and those criminally convicted from holding federal contracts, grants, or cooperative agreements.</p> <p>The Social Security Administration, Internal Revenue Service, Department of the Treasury, and DHS must jointly establish a program to share information to help identify non-U.S. nationals who are not authorized to work.</p> <p>The bill establishes the Employer Compliance Inspection Center within Homeland Security Investigations of U.S. Immigration and Customs Enforcement. The center's duties include processing I-9 employment eligibility verification forms and ensuring compliance with employment eligibility laws. </p> <p>DHS must report to Congress on ways to simplify procedures relating to I-9 forms and on whether the I-9 process should be eliminated.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 156
To expand the use of E-Verify to hold employers accountable, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Grassley (for himself, Mr. Tuberville, Mr. Lee, Mr. Cotton, Mr.
Cruz, Mrs. Hyde-Smith, Mr. Boozman, Mr. Lankford, Mrs. Capito, Mr.
Thune, and Ms. Ernst) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To expand the use of E-Verify to hold employers accountable, and for
other 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 ``Accountability
Through Electronic Verification Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Permanent reauthorization.
Sec. 3. Mandatory use of E-Verify.
Sec. 4. Consequences of failure to participate.
Sec. 5. Preemption; liability.
Sec. 6. Expanded use of E-Verify.
Sec. 7. Reverification.
Sec. 8. Holding employers accountable.
Sec. 9. Information sharing.
Sec. 10. Form I-9 process.
Sec. 11. Algorithm.
Sec. 12. Identity theft.
Sec. 13. Small Business Demonstration Program.
Sec. 14. Employer Compliance Inspection Center.
SEC. 2. PERMANENT REAUTHORIZATION.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1324a note) is amended by striking ``Unless the Congress otherwise
provides, the Secretary of Homeland Security shall terminate a pilot
program on September 30, 2015.''.
SEC. 3. MANDATORY USE OF E-VERIFY.
(a) Federal Government.--Section 402(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Executive departments and agencies.--Each
department and agency of the Federal Government shall
participate in E-Verify by complying with the terms and
conditions set forth in this section.''; and
(2) in subparagraph (B), by striking ``, that conducts
hiring in a State'' and all that follows and inserting ``shall
participate in E-Verify by complying with the terms and
conditions set forth in this section.''.
(b) Federal Contractors; Critical Employers.--Section 402(e) of
such Act, as amended by subsection (a), is further amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) United states contractors.--Any person, employer, or
other entity that enters into a contract with the Federal
Government shall participate in E-Verify by complying with the
terms and conditions set forth in this section.
``(3) Designation of critical employers.--Not later than 7
days after the date of the enactment of this paragraph, the
Secretary of Homeland Security shall--
``(A) conduct an assessment of employers that are
critical to the homeland security or national security
needs of the United States;
``(B) designate and publish a list of employers and
classes of employers that are deemed to be critical
pursuant to the assessment conducted under subparagraph
(A); and
``(C) require that critical employers designated
pursuant to subparagraph (B) participate in E-Verify by
complying with the terms and conditions set forth in
this section not later than 30 days after the Secretary
makes such designation.''.
(c) All Employers.--Section 402 of such Act, as amended by this
section, is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Mandatory Participation in E-Verify.--
``(1) In general.--Subject to paragraphs (2) and (3), all
employers in the United States shall participate in E-Verify,
with respect to all employees recruited, referred, or hired by
such employer on or after the date that is 1 year after the
date of the enactment of this subsection.
``(2) Use of contract labor.--Any employer who uses a
contract, subcontract, or exchange to obtain the labor of an
individual in the United States shall certify in such contract,
subcontract, or exchange that the employer, and all parties to
such contract, subcontract, or exchange, use E-Verify. If such
certification is not included in a contract, subcontract, or
exchange, the employer shall be deemed to have violated
paragraph (1).
``(3) Interim mandatory participation.--
``(A) In general.--Before the date set forth in
paragraph (1), the Secretary of Homeland Security shall
require any employer or class of employers to
participate in E-Verify, with respect to all employees
recruited, referred, or hired by such employer if the
Secretary has reasonable cause to believe that the
employer is or has been engaged in a material violation
of section 274A of the Immigration and Nationality Act
(8 U.S.C. 1324a).
``(B) Notification.--Not later than 14 days before
an employer or class of employers is required to begin
participating in E-Verify pursuant to subparagraph (A),
the Secretary shall provide such employer or class of
employers with--
``(i) written notification of such
requirement; and
``(ii) appropriate training materials to
facilitate compliance with such requirement.''.
SEC. 4. CONSEQUENCES OF FAILURE TO PARTICIPATE.
(a) In General.--Section 402(e)(5) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
as redesignated by section 3(b)(1), is amended to read as follows:
``(5) Consequences of failure to participate.--If a person
or other entity that is required to participate in E-Verify
fails to comply with the requirements under this title with
respect to an individual--
``(A) such failure shall be treated as a violation
of section 274A(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324a) with respect to such
individual; and
``(B) a rebuttable presumption is created that the
person or entity has violated section 274A(a)(1)(A) of
such Act.''.
(b) Penalties.--Section 274A of the Immigration and Nationality Act
(8 U.S.C. 1324a) is amended--
(1) in subsection (e)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``, subject to
paragraph (10),'' after ``in an
amount'';
(II) in clause (i), by striking
``not less than $250 and not more than
$2,000'' and inserting ``not less than
$2,500 and not more than $5,000'';
(III) in clause (ii), by striking
``not less than $2,000 and not more
than $5,000'' and inserting ``not less
than $5,000 and not more than
$10,000''; and
(IV) in clause (iii), by striking
``not less than $3,000 and not more
than $10,000'' and inserting ``not less
than $10,000 and not more than
$25,000''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(B) in paragraph (5)--
(i) by striking ``of not less than $100 and
not more than $1,000'' and inserting ``,
subject to paragraphs (10) through (12), of not
less than $1,000 and not more than $25,000'';
(ii) by striking ``the size of the business
of the employer being charged, the good faith
of the employer'' and inserting ``the good
faith of the employer being charged''; and
(iii) by adding at the end the following:
``Failure by a person or entity to utilize the
employment eligibility verification system as
required by law, or providing information to
the system that the person or entity knows or
reasonably believes to be false, shall be
treated as a violation of subsection
(a)(1)(A).''; and
(C) by adding at the end the following:
``(10) Exemption from penalty.--In the case of the
imposition of a civil penalty under paragraph (4)(A) with
respect to a violation of paragraph (1)(A) or (2) of subsection
(a) for hiring, continuation of employment, recruitment, or
referral by a person or entity and, in the case of the
imposition of a civil penalty under paragraph (5) for a
violation of subsection (a)(1)(B) for hiring, recruitment, or
referral by a person or entity, the penalty otherwise imposed
may be waived or reduced if the violator establishes that the
violator acted in good faith.
``(11) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, the Secretary of Homeland Security shall debar
such person or entity from the receipt of Federal
contracts, grants, or cooperative agreements in
accordance with the debarment standards and pursuant to
the debarment procedures set forth in the Federal
Acquisition Regulation maintained under section
1303(a)(1) of title 41, United States Code.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security debars a person or
entity in accordance with this paragraph, and such
person or entity does not hold a Federal contract,
grant, or cooperative agreement, the Administrator of
General Services shall include the person or entity on
the List of Parties Excluded from Federal Procurement
for 5 years.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security debars a person or
entity in accordance with this paragraph, and such
person or entity holds a Federal contract, grant, or
cooperative agreement, the Secretary--
``(i) shall notify all agencies or
departments holding a contract, grant, or
cooperative agreement with the debarred person
or entity of such debarment; and
``(ii) after soliciting and considering the
views of all such agencies and departments, may
waive the operation of this paragraph.
``(D) Review.--Any decision to debar a person or
entity under in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.''; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1) or
(2) shall be fined not more than $30,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not less than 1 year and not more than 10 years, or both,
notwithstanding the provisions of any other Federal law
relating to fine levels.''; and
(B) in paragraph (2), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security''.
SEC. 5. PREEMPTION; LIABILITY.
Section 402 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this
Act, is further amended by adding at the end the following:
``(h) Limitation on State Authority.--
``(1) Preemption.--A State or local government may not
prohibit a person or other entity from verifying the employment
authorization of new hires or current employees through E-
Verify.
``(2) Liability.--A person or other entity that
participates in E-Verify may not be held liable under any
Federal, State, or local law for any employment-related action
taken with respect to the wrongful termination of an individual
in good faith reliance on information provided through E-
Verify.''.
SEC. 6. EXPANDED USE OF E-VERIFY.
Section 403(a)(3)(A) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
to read as follows:
``(A) In general.--
``(i) Before hiring.--The person or other
entity may verify the employment eligibility of
an individual through E-Verify before the
individual is hired, recruited, or referred if
the individual consents to such verification.
If an employer receives a tentative
nonconfirmation for an individual, the employer
shall comply with procedures prescribed by the
Secretary of Homeland Security, including--
``(I) providing the individual
employees with private, written
notification of the finding and written
referral instructions;
``(II) allowing the individual to
contest the finding; and
``(III) not taking adverse action
against the individual if the
individual chooses to contest the
finding.
``(ii) After employment offer.--The person
or other entity shall verify the employment
eligibility of an individual through E-Verify
not later than 3 days after the date of the
hiring, recruitment, or referral, as the case
may be.
``(iii) Existing employees.--Not later than
1 year after the date of the enactment of the
Accountability Through Electronic Verification
Act, the Secretary shall require all employers
to use E-Verify to verify the identity and
employment eligibility of any individual who
has not been previously verified by the
employer through E-Verify.''.
SEC. 7. REVERIFICATION.
Section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by section
6, is further amended by adding at the end the following:
``(5) Reverification.--Each person or other entity
participating in E-Verify shall use the E-Verify confirmation
system to reverify the work authorization of any individual not
later than 3 days after the date on which such individual's
employment authorization is scheduled to expire (as indicated
by the Secretary or the documents provided to the employer
pursuant to section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b))), in accordance with the procedures set
forth in this subsection and section 402.''.
SEC. 8. HOLDING EMPLOYERS ACCOUNTABLE.
(a) Consequences of Nonconfirmation.--Section 403(a)(4)(C) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is amended to read as follows:
``(C) Consequences of nonconfirmation.--
``(i) Termination and notification.--If the
person or other entity receives a final
nonconfirmation regarding an individual, the
employer shall immediately--
``(I) terminate the employment,
recruitment, or referral of the
individual; and
``(II) submit to the Secretary any
information relating to the individual
that the Secretary determines would
assist the Secretary in enforcing or
administering United States immigration
laws.
``(ii) Consequence of continued
employment.--If the person or other entity
continues to employ, recruit, or refer the
individual after receiving final
nonconfirmation, a rebuttable presumption is
created that the employer has violated section
274A of the Immigration and Nationality Act (8
U.S.C. 1324a).''.
(b) Interagency Nonconfirmation Report.--Section 405 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) is amended by adding at the end the following:
``(c) Interagency Nonconfirmation Report.--
``(1) In general.--The Director of U.S. Citizenship and
Immigration Services shall submit a weekly report to the
Director for U.S. Immigration and Customs Enforcement that
includes, for each individual who receives final
nonconfirmation through E-Verify--
``(A) the name of such individual;
``(B) his or her Social Security number or alien
file number;
``(C) the name and contact information for his or
her current employer; and
``(D) any other critical information that the
Assistant Secretary determines to be appropriate.
``(2) Use of weekly report.--The Secretary of Homeland
Security shall use information provided under paragraph (1) to
enforce compliance with the United States immigration laws.''.
SEC. 9. INFORMATION SHARING.
Not later than 1 year after the date of the enactment of this Act,
the Commissioner of Social Security, the Commissioner of Internal
Revenue, the Secretary of Homeland Security, and the Secretary of the
Treasury shall jointly establish a program to share information among
such agencies that may or could lead to the identification of
unauthorized aliens (as defined in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no-
match letters and any information in the earnings suspense file.
SEC. 10. FORM I-9 PROCESS.
Not later than 9 months after date of the enactment of this Act,
the Secretary of Homeland Security shall submit a report to Congress
that contains recommendations for--
(1) modifying and simplifying the process by which
employers are required to complete and retain a Form I-9 for
each employee pursuant to section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a); and
(2) eliminating the process described in paragraph (1).
SEC. 11. ALGORITHM.
Section 404(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as
follows:
``(d) Design and Operation of System.--E-Verify shall be designed
and operated--
``(1) to maximize its reliability and ease of use by
employers;
``(2) to insulate and protect the privacy and security of
the underlying information;
``(3) to maintain appropriate administrative, technical,
and physical safeguards to prevent unauthorized disclosure of
personal information;
``(4) to respond accurately to all inquiries made by
employers on whether individuals are authorized to be employed;
``(5) to register any time when E-Verify is unable to
receive inquiries;
``(6) to allow for auditing use of the system to detect
fraud and identify theft;
``(7) to preserve the security of the information in all of
the system by--
``(A) developing and using algorithms to detect
potential identity theft, such as multiple uses of the
same identifying information or documents;
``(B) developing and using algorithms to detect
misuse of the system by employers and employees;
``(C) developing capabilities to detect anomalies
in the use of the system that may indicate potential
fraud or misuse of the system; and
``(D) auditing documents and information submitted
by potential employees to employers, including
authority to conduct interviews with employers and
employees;
``(8) to confirm identity and work authorization through
verification of records maintained by the Secretary, other
Federal departments, States, the Commonwealth of the Northern
Mariana Islands, or an outlying possession of the United
States, as determined necessary by the Secretary, including--
``(A) records maintained by the Social Security
Administration;
``(B) birth and death records maintained by vital
statistics agencies of any State or other jurisdiction
in the United States;
``(C) passport and visa records (including
photographs) maintained by the Department of State; and
``(D) State driver's license or identity card
information (including photographs) maintained by State
department of motor vehicles;
``(9) to electronically confirm the issuance of the
employment authorization or identity document; and
``(10) to display the digital photograph that the issuer
placed on the document so that the employer can compare the
photograph displayed to the photograph on the document
presented by the employee or, in exceptional cases, if a
photograph is not available from the issuer, to provide for a
temporary alternative procedure, specified by the Secretary,
for confirming the authenticity of the document.''.
SEC. 12. IDENTITY THEFT.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(7), by striking ``of another person''
and inserting ``that is not his or her own''; and
(2) in subsection (b)(3)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(D) to facilitate or assist in harboring or
hiring unauthorized workers in violation of section
274, 274A, or 274C of the Immigration and Nationality
Act (8 U.S.C. 1324, 1324a, and 1324c).''.
SEC. 13. SMALL BUSINESS DEMONSTRATION PROGRAM.
Section 403 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this
Act, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Small Business Demonstration Program.--Not later than 9
months after the date of the enactment of the Accountability Through
Electronic Verification Act, the Director of U.S. Citizenship and
Immigration Services shall establish a demonstration program that
assists small businesses in rural areas or areas without internet
capabilities to verify the employment eligibility of newly hired
employees solely through the use of publicly accessible internet
terminals.''.
SEC. 14. EMPLOYER COMPLIANCE INSPECTION CENTER.
(a) Establishment.--There is established, within Homeland Security
Investigations of U.S. Immigration and Customs Enforcement, the
Employer Compliance Inspection Center (referred to in this section as
the ``Center'').
(b) Purposes.--The establishment of the Center is intended--
(1) to create a culture of compliance for all United States
businesses by imposing more effective, efficient, and
standardized consequences, including civil and criminal
penalties, on employers who fail to comply with the employment
eligibility verification requirements; and
(2) to consolidate worksite enforcement audits at a
centralized location to ensure a standardized process and
uniform application of the fine matrix.
(c) Duties.--The Center shall--
(1) carry out duties related to the processing of the
Employment Eligibility Verification Form I-9, including audits,
and related worksite enforcement investigations;
(2) ensure that all United States businesses adhere to
existing laws and regulations regarding employment eligibility;
and
(3) carry out such additional duties as may be assigned or
delegated by the Director of U.S. Immigration and Customs
Enforcement.
(d) Response Time.--The Center shall respond as quickly as
practicable to employer inquiries based on the facts and circumstances
of the employer making the inquiry.
(e) Task Force.--The Center shall establish a task force, utilizing
existing information sharing agreements with other Federal agencies,
including the Social Security Administration, U.S. Citizenship and
Immigration Services, the Department of Labor, and the Internal Revenue
Service, to serve as a force multiplier to proactively investigate
crimes, including Social Security fraud, tax fraud, and wage and hour
violations.
<all>
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118S1560 | Rural Hospital Cybersecurity Enhancement Act | [
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
],
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"cosponsor"
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[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"cosponsor"
]
] | <p><b>Rural Hospital Cybersecurity Enhancement Act</b></p> <p>This bill requires the Cybersecurity and Infrastructure Security Agency (CISA) to develop and annually report to Congress about a workforce development strategy to address the unmet need for cybersecurity professionals in rural hospitals. Additionally, CISA must disseminate materials that rural hospitals may use to train staff about cybersecurity.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1560 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1560
To require the development of a comprehensive rural hospital
cybersecurity workforce development strategy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Hawley (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require the development of a comprehensive rural hospital
cybersecurity workforce development strategy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Hospital Cybersecurity
Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency.
(3) Rural hospital.--The term ``rural hospital'' means a
healthcare facility that--
(A) is located in a non-urbanized area, as
determined by the Bureau of the Census; and
(B) provides inpatient and outpatient healthcare
services, including primary care, emergency care, and
diagnostic services.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. RURAL HOSPITAL CYBERSECURITY WORKFORCE DEVELOPMENT STRATEGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Director, shall develop
and transmit to the appropriate committees of Congress a comprehensive
rural hospital cybersecurity workforce development strategy to address
the growing need for skilled cybersecurity professionals in rural
hospitals.
(b) Consultation.--
(1) Agencies.--In carrying out subsection (a), the
Secretary and Director may consult with the Secretary of Health
and Human Services, the Secretary of Education, and the
Secretary of Labor.
(2) Providers.--In carrying out subsection (a), the
Secretary shall consult with rural healthcare providers from
each geographic region in the United States.
(c) Considerations.--The rural hospital cybersecurity workforce
development strategy developed under subsection (a) shall, at a
minimum, consider the following components:
(1) Partnerships between rural hospitals, educational
institutions, private sector entities, and nonprofit
organizations to develop, promote, and expand cybersecurity
education and training programs tailored to the needs of rural
hospitals.
(2) The development of a cybersecurity curriculum and
teaching resources that focus on teaching technical skills and
abilities related to cybersecurity in rural hospitals for use
in community colleges, vocational schools, and other
educational institutions located in rural areas.
(3) Recommendations for legislation, rulemaking, or
guidance to implement the components of the rural hospital
cybersecurity workforce development strategy.
(d) Annual Review.--Not later than 60 days after the date on which
the first full fiscal year ends following the date on which the
Secretary transmits the rural hospital cybersecurity workforce
development strategy developed under subsection (a), and not later than
60 days after the date on which each fiscal year thereafter ends, the
Secretary shall submit to the appropriate committees of Congress a
report that includes, at a minimum, information relating to--
(1) updates to the rural hospital cybersecurity workforce
development strategy, as appropriate;
(2) any programs or initiatives established pursuant to the
rural hospital cybersecurity workforce development strategy, as
well as the number of individuals trained or educated through
such programs or initiatives;
(3) additional recommendations for legislation, rulemaking,
or guidance to implement the components of the rural hospital
cybersecurity workforce development strategy; and
(4) the effectiveness of the rural hospital cybersecurity
workforce development strategy in addressing the need for
skilled cybersecurity professionals in rural hospitals.
SEC. 4. INSTRUCTIONAL MATERIALS FOR RURAL HOSPITALS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director shall make available instructional materials
for rural hospitals that can be used to train staff on fundamental
cybersecurity efforts.
(b) Duties.--In carrying out subsection (a), the Director shall--
(1) consult with experts in cybersecurity education and
rural healthcare experts;
(2) identify existing cybersecurity instructional materials
that can be adapted for use in rural hospitals and create new
materials as needed; and
(3) conduct an awareness campaign to promote the materials
available to rural hospitals developed under subsection (a).
SEC. 5. IMPLEMENTATION.
Any action undertaken pursuant to this Act shall not be subject to
chapter 10 of title 5, United States Code.
<all>
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118S1561 | Aviation Workforce Development Act | [
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"sponsor"
],
[
"C000127",
"Sen. Cantwell, Maria [D-WA]",
"cosponsor"
]
] | <p> <strong>Aviation Workforce Development Act </strong></p> <p>This bill expands the qualified tuition program (commonly referred to as 529 plans) to allow distributions to pay education-related expenses required for participation in certain aviation maintenance and commercial pilot courses.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1561 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1561
To amend the Internal Revenue Code of 1986 to allow qualified
distributions from qualified tuition programs for certain aviation
maintenance and commercial pilot courses.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Scott of South Carolina (for himself and Ms. Cantwell) introduced
the following bill; which was read twice and referred to the Committee
on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to allow qualified
distributions from qualified tuition programs for certain aviation
maintenance and commercial pilot courses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Workforce Development
Act''.
SEC. 2. QUALIFIED DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS FOR
CERTAIN AVIATION MAINTENANCE AND COMMERCIAL PILOT
COURSES.
(a) In General.--Section 529(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(10) Treatment of certain aviation maintenance and
commercial pilot courses.--
``(A) In general.--Any reference in this subsection
to the term `qualified higher education expenses' shall
include a reference to expenses for tuition, fees,
books, supplies, and equipment required for the
participation of a designated beneficiary in a
qualified aviation maintenance course or a qualified
commercial pilot course.
``(B) Qualified aviation maintenance course.--For
purposes of this paragraph, the term `qualified
aviation maintenance course' means any course of
instruction taught at an aviation maintenance
technician school governed by part 147 of title 14,
Code of Federal Regulations.
``(C) Qualified commercial pilot course.--The term
`qualified commercial pilot course' means a commercial
pilot course taught at a flight school which provides
flight training, as defined in part 61 of title 14,
Code of Federal Regulations, or which holds a pilot
school certificate under part 141 of title 14, Code of
Federal Regulations.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
<all>
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118S1562 | Tribal Police Department Parity Act | [
[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
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[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1562 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1562
To ensure that Federal laws that enable Federal, State, and local law
enforcement agencies to access firearms apply equally to Tribal law
enforcement agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Mullin (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To ensure that Federal laws that enable Federal, State, and local law
enforcement agencies to access firearms apply equally to Tribal law
enforcement agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Police Department Parity
Act''.
SEC. 2. TRIBAL LAW ENFORCEMENT ACCESS TO FIREARMS.
(a) Amendments to Title 18, United States Code.--
(1) Transfer and possession of post-1986 machineguns.--
Section 922(o)(2)(A) of title 18, United States Code, is
amended--
(A) by striking ``or a State, or'' and inserting
``, a State or''; and
(B) by inserting before ``; or'' the following: ``,
or an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) or any department or agency
thereof''.
(2) Transportation, shipment, receipt, possession, and
importation of firearms and ammunition.--Section 925(a)(1) of
title 18, United States Code, is amended--
(A) by striking ``or any State'' and inserting ``,
any State''; and
(B) by inserting before the period at the end the
following: ``, or any Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)) or any
department or agency thereof''.
(b) Amendments to Internal Revenue Code of 1986.--
(1) Transfer tax exemption.--Section 5853(a) of the
Internal Revenue Code of 1986 is amended by inserting ``,
Indian Tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304))''
after ``any State''.
(2) Making tax exemption.--Section 5853(b) of such Code is
amended by inserting ``, Indian Tribe (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304))'' after ``any State''.
(3) Effective date.--The amendments made by this subsection
shall apply to any firearm transferred or made after the date
of enactment of this Act.
<all>
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118S1563 | Maximize Americans' Retirement Security Act | [
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"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
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[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1563 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1563
To amend the Employee Retirement Income Security Act of 1974 to clarify
the fiduciary duty of plan administrators to select and maintain
investments based solely on pecuniary factors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Braun (for himself, Mrs. Blackburn, Mr. Cruz, Mr. Budd, Mr.
Tuberville, Mr. Wicker, Mr. Marshall, Mr. Daines, and Mr. Cassidy)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to clarify
the fiduciary duty of plan administrators to select and maintain
investments based solely on pecuniary factors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximize Americans' Retirement
Security Act''.
SEC. 2. FIDUCIARY DUTY REGARDING THE CONSIDERATION OF CERTAIN FACTORS
IN INVESTMENT DECISIONS FOR EMPLOYEE BENEFIT PLANS.
(a) In General.--Subsection (a) of section 404 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by
adding at the end the following new paragraph:
``(3)(A) The duties under paragraph (1) shall include the duty to
select and maintain investments based, except as provided in
subparagraph (B), solely on pecuniary factors.
``(B) Notwithstanding subparagraph (A), when choosing between or
among investment alternatives that a fiduciary is unable to distinguish
on the basis of pecuniary factors alone, the fiduciary may use non-
pecuniary factors as the deciding factor in the selection or
maintenance of an investment if the fiduciary furnishes to participants
documentation on the following:
``(i) Why pecuniary factors were not sufficient to select
or maintain the investment.
``(ii) How the investment compares to the alternative
investments with regard to--
``(I) the composition of the investments of the
plan with regard to diversification;
``(II) the liquidity and current return of the
investments of the plan relative to the anticipated
cash flow requirements of the plan; and
``(III) the projected return of the investments of
the plan relative to the funding objectives of the
plan.
``(iii) How the chosen non-pecuniary factor is consistent
with the interests of participants and beneficiaries in their
retirement income or financial benefits under the plan.
``(C) For purposes of this paragraph, the term `pecuniary factor'
means a factor that a fiduciary prudently determines is expected to
have a material effect on the risk or return of an investment based on
appropriate investment horizons consistent with the plan's investment
objectives and the plan's funding policy established pursuant to
section 402(b)(1).''.
(b) Effective Date.--The amendment made by this section shall apply
to investments made after the date that is 60 days after the date of
enactment of this Act.
<all>
</pre></body></html>
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118S1564 | AI Leadership Training Act | [
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1564 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1564
To require the Director of the Office of Personnel Management to
establish, or otherwise ensure the provision of, a training program on
artificial intelligence for Federal management officials and
supervisors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Peters (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Director of the Office of Personnel Management to
establish, or otherwise ensure the provision of, a training program on
artificial intelligence for Federal management officials and
supervisors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artificial Intelligence Leadership
Training Act'' or the ``AI Leadership Training Act''.
SEC. 2. ARTIFICIAL INTELLIGENCE LEADERSHIP TRAINING PROGRAM.
(a) Definitions.--In this section:
(1) AI.--The term ``AI'' has the meaning given the term
``artificial intelligence'' in section 238(g) of the John S.
McCain National Defense Authorization Act for Fiscal year 2019
(10 U.S.C. 2358 note).
(2) Covered employee.--The term ``covered employee''
means--
(A) a management official;
(B) a supervisor; or
(C) any other employee of an executive agency--
(i) as determined appropriate by the
Director for the purposes of this section; or
(ii) who is designated by the head of that
executive agency to participate in the Program.
(3) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(5) Management official; supervisor.--The terms
``management official'' and ``supervisor'' have the meanings
given those terms in section 7103(a) of title 5, United States
Code.
(6) Program.--The term ``Program'' means the AI leadership
training program established and implemented (or the provision
of which is otherwise ensured) by the Director under subsection
(b)(1).
(b) Program.--
(1) In general.--
(A) Establishment of program.--Not later than 1
year after the date of enactment of this Act, the
Director, in consultation with any other person
determined relevant by the Director, shall develop and
implement (or otherwise ensure the provision of) an AI
leadership training program for covered employees,
under which training in accordance with the
requirements of this section shall be provided to
covered employees on an annual basis.
(B) Incorporation of existing training permitted.--
For the purposes of subparagraph (A), the Director may
include executive agency or other training that the
Director determines is relevant to providing the
information required under paragraph (3).
(2) Purpose.--The purpose of the Program shall be to ensure
that covered employees have knowledge regarding--
(A) the capabilities and risks associated with AI;
(B) safety and ethical issues relating to AI;
(C) Federal Government requirements and best
practices with respect to AI, such as with respect to
the procurement, use, testing, evaluation, and auditing
of AI capabilities; and
(D) other matters relating to requirements for the
development and use of AI within and by the Federal
Government.
(3) Topics.--At a minimum, the Program shall include
information relating to--
(A) what AI is and how AI works;
(B) introductory concepts regarding, and features
of, different types of AI;
(C) the benefits offered, and the risks posed, by
AI;
(D) the role of data in AI systems and the risks of
not using sufficiently representative training data in
those systems;
(E) the ways in which AI can fail;
(F) the need for continuous refinement of AI as
part of the development and deployment of AI;
(G) ways to mitigate the risks of AI, including
through efforts to create and identify AI that is
reliable, safe, trustworthy, and fair; and
(H) organizational considerations for the
development and deployment of AI, including necessary
norms and practices, workforce training, and specific
use cases.
(4) Updates.--Not less frequently than once every 2 years
after the date on which the Director develops and implements
(or otherwise ensures the provision of) the Program under
paragraph (1), the Director shall update the Program to--
(A) incorporate new information relating to AI; and
(B) ensure that the Program continues to satisfy
the requirements under paragraph (3) and any other
requirements determined by the Director.
(5) Metrics.--The Director shall establish a means by which
to--
(A) understand and measure the participation of
covered employees in the Program; and
(B) receive and consider feedback from participants
in the Program so as to improve the Program through
updates implemented under paragraph (4).
(6) Sense of congress.--It is the sense of Congress that
the Director should ensure that training provided under the
Program includes interactions with technologists, scholars, and
other experts from the private, public, and nonprofit sectors.
(7) Sunset.--Effective on the date that is 10 years after
the date of enactment of this Act, this section shall have no
force or effect.
<all>
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118S1565 | SHOW UP Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1565 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1565
To require Executive agencies to submit to Congress a study of the
impacts of expanded telework and remote work by agency employees during
the COVID-19 pandemic and a plan for the agency's future use of
telework and remote work, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mrs. Blackburn (for herself, Mr. Cramer, Mr. Hagerty, Mr. Scott of
Florida, Mr. Rubio, Mr. Braun, and Mr. Daines) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require Executive agencies to submit to Congress a study of the
impacts of expanded telework and remote work by agency employees during
the COVID-19 pandemic and a plan for the agency's future use of
telework and remote work, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Home Office Work's
Unproductive Problems Act of 2023'' or the ``SHOW UP Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(3) Locality pay.--The term ``locality pay'' means locality
pay provided for under section 5304 or 5304a of title 5, United
States Code.
(4) Telework; teleworking.--The terms ``telework'' and
``teleworking''--
(A) have the meaning given those terms in section
6501 of title 5, United States Code; and
(B) include remote work.
SEC. 3. REINSTATEMENT OF PRE-PANDEMIC TELEWORK POLICIES, PRACTICES, AND
LEVELS FOR EXECUTIVE AGENCIES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the head of each agency shall reinstate and apply the
telework policies, practices, and levels of the agency that were in
effect on December 31, 2019.
(b) Prohibition.--The head of an agency may not expand any policy,
practice, or level described in subsection (a) until the date on which
the head of the agency submits to Congress--
(1) an agency plan under section 4(a)(2); and
(2) a certification under section 4(a)(3).
SEC. 4. STUDY, PLAN, AND CERTIFICATION REGARDING EXECUTIVE AGENCY
TELEWORK POLICIES, PRACTICES, AND LEVELS FOR EXECUTIVE
AGENCIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the head of each agency, in consultation with
the Director, shall submit to Congress--
(1) a study on the impacts on the agency and the mission of
the agency of expanding telework for employees as a result of
the public health emergency relating to the Coronavirus Disease
2019 (COVID-19) pandemic declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
including an analysis of--
(A) any adverse impacts of that expansion on the
performance by the agency of the mission of the agency,
including the performance of customer service by the
agency;
(B) any costs to the agency during that expansion
attributable to--
(i) owning, leasing, or maintaining
underutilized real property; or
(ii) paying higher rates of locality pay to
teleworking employees as a result of
incorrectly classifying those employees as
teleworkers rather than remote workers;
(C) any degree to which the agency failed during
that expansion to provide teleworking employees with
secure network capacity, communications tools,
necessary and secure access to appropriate agency data
assets and Federal records, and equipment sufficient to
enable teleworking employee to be fully productive;
(D) any degree to which that expansion facilitated
dispersal of the agency workforce around the United
States; and
(E) any other impacts of that expansion that the
head of the agency or the Director considers
appropriate;
(2) any agency plan to expand telework policies, practices,
or levels beyond the telework policies, practices, and levels
of the agency that were in effect on December 31, 2019; and
(3) a certification by the Director that the agency plan
described in paragraph (2) will--
(A) have a substantial positive effect on--
(i) the performance of the mission of the
agency, including the performance of customer
service;
(ii) increasing the level of dispersal of
agency personnel throughout the United States;
and
(iii) the reversal of any adverse impacts
described in paragraph (1)(A);
(B) substantially lower the costs of the agency
relating to owning, leasing, or maintaining real
property;
(C) substantially lower the costs of the agency
attributable to paying locality pay to agency personnel
working from locations outside the pay locality of
their position's official worksite; and
(D) ensure that teleworking employees will be
provided with secure network capacity, communications
tools, necessary and secure access to appropriate
agency data assets and Federal records, and equipment
sufficient to enable each teleworking employee to be
fully productive, without substantially increasing the
agency's overall costs for secure network capacity,
communications tools, and equipment.
(b) Limitation.--
(1) In general.--The head of an agency may not implement an
agency plan described in subsection (a)(2) for which the
Director does not issue a certification described in subsection
(a)(3).
(2) Subsequent plans.--If the head of an agency
unsuccessfully submits an agency plan described in subsection
(a)(2) to the Director for the certification described in
subsection (a)(3), the head of the agency may--
(A) submit to the Director subsequent agency plans
until the head of the agency receives the
certification; and
(B) submit a subsequent agency plan described in
subparagraph (A) that is certified by the Director to
Congress.
<all>
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118S1566 | Deterring Chinese Preemptive Strikes Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1566 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1566
To require the Secretary of Defense to identify certain aircraft
shelters for aviation assets in the Indo-Pacific region and submit a
plan to make improvements to such shelters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to identify certain aircraft
shelters for aviation assets in the Indo-Pacific region and submit a
plan to make improvements to such shelters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deterring Chinese Preemptive Strikes
Act of 2023''.
SEC. 2. PLAN FOR IMPROVEMENTS TO CERTAIN AIRCRAFT SHELTERS FOR AVIATION
ASSETS IN INDO-PACIFIC REGION.
(a) Identification of Aircraft Shelters.--
(1) In general.--The Secretary of Defense shall conduct a
classified survey to identify each United States aircraft
shelter in the Indo-Pacific region, including in the First,
Second, and Third Island Chains, that--
(A) is responsible for responding to aggression by
the People's Republic of China against Taiwan; and
(B) has not been improved to mitigate damage to
aircraft in the event of a missile, aerial drone, or
other form of attack by the People's Republic of China.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the results
of the survey under paragraph (1).
(b) Plan.--Not later than 60 days after the date on which the
report required by paragraph (2) of subsection (a) is submitted, the
Secretary of Defense shall submit to the appropriate committees of
Congress a plan to implement improvements to the shelters identified
under that subsection so as to increase aircraft survivability in the
event of a missile, aerial drone, or other form of attack by the
People's Republic of China.
(c) Form.--The report and plan required by this section shall be
submitted in classified form.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
<all>
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118S1567 | RETAIN Act | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
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[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
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[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1567 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1567
To amend the Internal Revenue Code of 1986 to address the teacher and
school leader shortage in early childhood, elementary, and secondary
education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Durbin (for himself, Ms. Baldwin, and Ms. Smith) 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 address the teacher and
school leader shortage in early childhood, elementary, and secondary
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 ``Retaining Educators Takes Added
Investment Now Act'' or the ``RETAIN Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to create a refundable tax credit for
early childhood educators, teachers, early childhood education program
directors, school leaders, and school-based mental health services
providers in early childhood, elementary, and secondary education
settings that rewards retention based on the time spent serving high-
need students.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The shortage of experienced, qualified early childhood
educators and elementary school and secondary school teachers
is a national problem that compromises the academic outcomes
and long-term success of students.
(2) The shortage is the result of many factors including
low pay, frequent turnover in school leadership, poor teaching
conditions, and inadequate teacher supports.
(3) The shortage is worse in high-poverty areas where the
factors contributing to the shortage are particularly acute and
have an increased negative impact on teachers of color
remaining in the field.
(4) A child's access to high-quality early childhood
education is critical to supporting positive outcomes, and
early childhood educators--
(A) play an important role in setting the
foundation for future learning, and
(B) promote the development of vital skills,
habits, and mindsets that children need to be
successful in school and in life.
(5) In 2021, the national median pay of early childhood
educators was a mere $30,210, with many early childhood
educators relying on government assistance programs such as
Medicaid, the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), or the temporary assistance for needy families
program established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), and struggling to provide
for their own families.
(6) Studies have demonstrated that well-qualified,
experienced teachers are the single most important school-based
element contributing to a child's academic achievement and
success.
(7) In the 2021-2022 academic year, the average teacher
salary in public elementary schools and secondary schools was
only $66,397, a 2 percent increase from the previous academic
year. When adjusted for inflation, the average teacher salary
has declined by 6.4 percent over the past decade.
(8) On average, public elementary school and secondary
school teachers were paid 23.5 percent less than other college
graduates working in non-teaching fields, and many teachers
struggle with large amounts of student loan debt.
(9) In 2021, the average teacher salary for a first-year
teacher in a public elementary school or secondary school was
$41,770.
(10) An experienced, well-qualified education workforce
must also be reflective of the diversity of the student body
across race, ethnicity, and disability.
(11) Higher pay for teachers can result in a more diverse
teacher workforce, and minority students often perform better
on standardized tests, have improved attendance, and are
suspended less frequently when they have at least one same-race
teacher.
(12) Experienced, well-qualified school leaders and school-
based mental health service providers are essential for
providing strong educational opportunities and services for
students and promoting teacher retention through improved
professional supports and teaching conditions.
(13) Between February 2020 and May 2022, at least 300,000
teachers at public elementary schools and secondary schools
left the field, a nearly 3 percent decline in the teacher
workforce.
SEC. 4. REFUNDABLE TAX CREDIT FOR TEACHER AND SCHOOL LEADER RETENTION.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of subtitle A of the Internal Revenue Code of 1986 is amended by
inserting after section 36B the following new section:
``SEC. 36C. TEACHER AND SCHOOL LEADER RETENTION CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who is
employed in a position described in paragraph (2) during a
school year ending with or within the taxable year, there shall
be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the applicable amount
(as determined under subsection (b)).
``(2) Eligible positions.--The positions described in this
paragraph shall consist of the following:
``(A) An eligible early childhood educator.
``(B) An eligible early childhood education program
director.
``(C) An eligible early childhood education
provider.
``(D) An eligible teacher.
``(E) An eligible paraprofessional.
``(F) An eligible school-based mental health
services provider.
``(G) An eligible school leader.
``(b) Applicable Amount.--
``(1) In general.--For purposes of this section, the
applicable amount shall be an amount determined based on the
number of school years for which the individual has been
continuously employed in any position described in subsection
(a)(2), as follows:
``(A) Subject to paragraph (2), for the first year
of employment, $5,800.
``(B) For the second continuous year of employment,
$5,800.
``(C) For the third and fourth continuous year of
employment, $7,000.
``(D) For the fifth, sixth, seventh, eighth, and
ninth continuous year of employment, $8,700.
``(E) For the tenth continuous year of employment,
$11,600.
``(F) For the eleventh, twelfth, thirteenth,
fourteenth, and fifteenth continuous year of
employment, $8,700.
``(G) For the sixteenth continuous year of
employment, $7,000.
``(H) For the seventeenth, eighteenth, nineteenth,
and twentieth continuous year of employment, $5,800.
``(2) First year.--For purposes of the first year of
employment ending with or within a taxable year, an individual
must have been so employed for a period of not less than 4
months before the first day of such taxable year.
``(3) Limitation based on total number of school years.--In
the case of any individual who has been employed in any
position described in subsection (a)(2) for a total of more
than 20 school years, the applicable amount shall be reduced to
zero.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2024, each of the dollar amounts in subsection
(b)(1) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2023' for `calendar year
2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $100, such increase shall be rounded
to the nearest multiple of $100.
``(d) Supplementing, Not Supplanting, State and Local Education
Funds.--
``(1) In general.--A State educational agency or local
educational agency shall not reduce or adjust any compensation,
or any assistance provided through a loan forgiveness program,
to an employee of the State educational agency or local
educational agency who serves in any position described in
subsection (a)(2) due to the individual's eligibility for the
credit under this section.
``(2) Methodology.--Upon request by the Secretary of
Education, a State educational agency or local educational
agency shall reasonably demonstrate that the methodology used
to allocate amounts for compensation and for loan forgiveness
to the employees described in paragraph (1) at qualifying
schools or qualifying early childhood education programs
ensures that employees at each qualifying school or qualifying
early childhood education program in the State or served by the
local educational agency, respectively, receive the same amount
of State or local funds for compensation and loan forgiveness
that the qualifying school or qualifying early childhood
education program would receive if the credit under this
section had not been enacted.
``(e) Information Sharing.--The Secretary of Education and the
Secretary of Health and Human Services shall provide the Secretary with
such information as is necessary for purposes of determining whether an
early childhood education program or an elementary school or secondary
school satisfies the requirements for a qualifying early childhood
education program or a qualifying school, respectively.
``(f) Definitions.--For purposes of this section--
``(1) ESEA definitions.--The terms `elementary school',
`local educational agency', `secondary school', and `State
educational agency' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(2) Eligible early childhood education program
director.--The term `eligible early childhood education program
director' means an employee or officer of a qualifying early
childhood education program who is responsible for the daily
instructional leadership and managerial operations of such
program.
``(3) Eligible early childhood education provider.--The
term `eligible early childhood education provider' means an
individual--
``(A) who--
``(i) has an associate's degree or higher
degree in early childhood education or a
related field, or
``(ii) is enrolled during the taxable year
in a program leading to such an associate's or
higher degree and is making satisfactory
progress toward such degree, and
``(B) who is responsible for the daily
instructional leadership and managerial operations of a
qualifying early childhood education program in a home-
based setting.
``(4) Eligible early childhood educator.--The term
`eligible early childhood educator' means an individual--
``(A) who--
``(i) has an associate's degree or higher
degree in early childhood education or a
related field, or
``(ii) is enrolled during the taxable year
in a program leading to such an associate's or
higher degree and is making satisfactory
progress toward such degree,
``(B) who has credentials or a license under State
law for early childhood education, as applicable, and
``(C) whose primary responsibility is for the
learning and development of children in a qualifying
early childhood education program during the taxable
year.
``(5) Eligible paraprofessional.--The term `eligible
paraprofessional' means an individual--
``(A) who is a paraprofessional, as defined in
section 3201 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7011),
``(B) who meets the applicable State professional
standards and qualifications pursuant to section
1111(g)(2)(M) of such Act (20 U.S.C. 6311(g)(2)(M)),
``(C) whose primary responsibilities involve
working or assisting in a classroom setting, and
``(D) who is employed in a qualifying school or a
qualifying early childhood education program.
``(6) Eligible school-based mental health services
provider.--The term `eligible school-based mental health
services provider' means an individual--
``(A) described in section 4102(6) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7112(6)), and
``(B) who is employed in a qualifying school or a
qualifying early childhood education program.
``(7) Eligible school leader.--The term `eligible school
leader' means a principal, assistant principal, or other
individual who is--
``(A) an employee or officer of a qualifying
school, and
``(B) responsible for the daily instructional
leadership and managerial operations in the qualifying
school.
``(8) Eligible teacher.--The term `eligible teacher' means
an individual who--
``(A) is an elementary school or secondary school
teacher who, as determined by the State or local
educational agency, is a teacher of record who provides
direct classroom teaching (or classroom-type teaching
in a nonclassroom setting) to students in a qualifying
school, and
``(B)(i) meets applicable State certification and
licensure requirements, including any requirements for
certification obtained through alternative routes to
certification, in the State in which such school is
located and in the subject area in which the individual
is the teacher of record, or
``(ii) is enrolled during the taxable year in a
program leading to State certification and licensure as
described in clause (i) and is making satisfactory
progress toward such certification and licensure
requirements.
``(9) Qualifying early childhood education program.--
``(A) In general.--The term `qualifying early
childhood education program' means an early childhood
education program, as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003), that,
regardless of setting--
``(i) serves children who receive services
for which financial assistance is provided in
accordance with the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), or the child and adult care food program
established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1766), and
``(ii) participates in a State tiered and
transparent system for measuring program
quality.
``(B) Special rule.--Notwithstanding subparagraph
(A), an early childhood education program that does not
satisfy the requirements of subparagraph (A)(ii) shall
be deemed to be a qualifying early childhood education
program until September 30, 2023, if the program--
``(i) satisfies all requirements of
subparagraph (A) except for clause (ii) of such
subparagraph, and
``(ii)(I) meets the Head Start program
performance standards described in section
641A(a) of the Head Start Act (42 U.S.C.
9836a(a)), if applicable, or
``(II) is accredited by a national
accreditor of early learning programs as of the
date of enactment of the Retaining Educators
Takes Added Investment Now Act.
``(10) Qualifying school.--The term `qualifying school'
means--
``(A) a public elementary school or secondary
school that--
``(i) is in the school district of a local
educational agency that is eligible for
assistance under part A of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.), or
``(ii) is served or operated by an
educational service agency that is eligible for
such assistance, or
``(B) an elementary school or secondary school that
is funded by the Bureau of Indian Education and that is
in the school district of a local educational agency
that is eligible for such assistance.''.
(b) W-2 Reporting of Continuous Employment for Certain Positions at
Qualifying Early Childhood Education Programs or Qualifying Schools.--
Section 6051(a) of the Internal Revenue Code of 1986 is amended by
striking ``and'' at the end of paragraph (16), by striking the period
at the end of paragraph (17) and inserting ``, and'', and by inserting
after paragraph (17) the following new paragraph:
``(18) in the case of an employee who is employed in a
position described in subsection (a)(2) of section 36C, the
number of school years for which such employee has been
continuously employed in any such position.''.
(c) Conforming Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of subtitle A of the Internal Revenue
Code of 1986 is amended by inserting after the item relating to
section 36B the following:
``Sec. 36C. Teacher and school leader retention credit.''.
(2) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(3) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 5. DEVELOPING INTERAGENCY DATA SERIES.
The Secretary of Labor, in coordination with the Secretary of the
Treasury, the Secretary of Education, and the Secretary of Health and
Human Services, shall--
(1) develop and publish on the internet website of the
Bureau of Labor Statistics a data series that captures--
(A) the average base salary of teachers in
elementary schools and secondary schools, disaggregated
by--
(i) employment in public elementary schools
and secondary schools that receive assistance
under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.),
(ii) employment in public elementary
schools and secondary schools that do not
receive such assistance, and
(iii) geographic region, and
(B) the average base salary of early childhood
educators, disaggregated by highest level of degree
attained, and
(2) update the data series under paragraph (1) on an annual
basis.
<all>
</pre></body></html>
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118S1568 | Universal School Meals Program Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1568 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1568
To amend the Child Nutrition Act of 1966 and the Richard B. Russell
National School Lunch Act to make breakfasts and lunches free for all
children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Sanders (for himself, Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono,
Mr. Padilla, Mr. Merkley, Mr. Welch, Mr. Booker, Ms. Warren, Mr. Van
Hollen, Mr. Blumenthal, Mr. Whitehouse, Mr. Warnock, Mr. Fetterman, Mr.
Wyden, Ms. Smith, Ms. Baldwin, and Mr. Markey) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 and the Richard B. Russell
National School Lunch Act to make breakfasts and lunches free for all
children, and for other 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 ``Universal School
Meals Program Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I--SCHOOL BREAKFAST PROGRAM
Sec. 101. Free school breakfast program.
TITLE II--SCHOOL LUNCH PROGRAM
Sec. 201. Apportionment to States.
Sec. 202. Nutritional and other program requirements.
Sec. 203. Special assistance program.
Sec. 204. Price for a paid lunch.
Sec. 205. Summer food service program for children.
Sec. 206. Summer Electronic Benefit Transfer for Children Program.
Sec. 207. Child and adult care food program.
Sec. 208. Meals and supplements for children in afterschool care.
Sec. 209. Pilot projects.
Sec. 210. Fresh fruit and vegetable program.
Sec. 211. Training, technical assistance, and Food Service Management
Institute.
Sec. 212. Reimbursement of school meal delinquent debt program.
Sec. 213. Conforming amendments.
TITLE III--ELEMENTARY AND SECONDARY EDUCATION DATA
Sec. 301. Measure of poverty.
TITLE IV--AMENDMENTS TO OTHER PROGRAMS AND LAWS
Sec. 401. Supplemental nutrition assistance program.
Sec. 402. Higher Education Act of 1965.
Sec. 403. Elementary and Secondary Education Act of 1965.
Sec. 404. America COMPETES Act.
Sec. 405. Workforce Innovation and Opportunity Act.
Sec. 406. National Science Foundation Authorization Act of 2002.
Sec. 407. Child care and development block grant.
Sec. 408. Children's Health Act of 2000.
Sec. 409. Juvenile justice and delinquency prevention.
SEC. 2. EFFECTIVE DATE.
Unless otherwise provided, this Act, and the amendments made by
this Act, shall take effect 1 year after the date of enactment of this
Act.
TITLE I--SCHOOL BREAKFAST PROGRAM
SEC. 101. FREE SCHOOL BREAKFAST PROGRAM.
(a) In General.--Section 4(a) of the Child Nutrition Act of 1966
(42 U.S.C. 1773(a)) is amended, in the first sentence--
(1) by striking ``is hereby'' and inserting ``are''; and
(2) by inserting ``to provide free breakfast to all
children enrolled at those schools'' before ``in accordance''.
(b) Apportionment to States.--Section 4(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking subclause
(II) and inserting the following:
``(II) the national average payment
for free breakfasts, as specified in
subparagraph (B).'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) Payment amounts.--
``(i) In general.--The national average
payment for each free breakfast shall be $2.80,
adjusted annually for inflation in accordance
with clause (ii) and rounded in accordance with
clause (iii).
``(ii) Inflation adjustment.--
``(I) In general.--The annual
inflation adjustment under clause (i)
shall reflect changes in the cost of
operating the free breakfast program
under this section, as indicated by the
change in the Consumer Price Index for
food away from home for all urban
consumers.
``(II) Basis.--Each inflation
annual adjustment under clause (i)
shall reflect the changes in the
Consumer Price Index for food away from
home for the most recent 12-month
period for which that data is
available.
``(iii) Rounding.--On July 1, 2023, and
annually thereafter, the national average
payment rate for free breakfast shall be--
``(I) adjusted to the nearest
lower-cent increment; and
``(II) based on the unrounded
amounts for the preceding 12-month
period.'';
(C) by striking subparagraphs (C) and (E); and
(D) by redesignating subparagraph (D) as
subparagraph (C);
(2) by striking paragraphs (2) and (3);
(3) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (3) or (4)'' and inserting ``paragraph (2)''.
(c) State Disbursement to Schools.--Section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) is amended by striking
subsection (c) and inserting the following:
``(c) State Disbursement to Schools.--Funds apportioned and paid to
any State for the purpose of this section shall be disbursed by the
State educational agency to schools selected by the State educational
agency to assist those schools in operating a breakfast program.''.
(d) No Collection of Debt.--
(1) In general.--Notwithstanding any other provision of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or any
other provision of law, effective beginning on the date of
enactment of this Act, as a condition of participation in the
breakfast program under section 4 of that Act (42 U.S.C. 1773),
a school--
(A) shall not collect any debt owed to the school
for unpaid meal charges; and
(B) shall continue to accrue debt for unpaid meal
charges--
(i) for the purpose of receiving
reimbursement under section 212; and
(ii) until the effective date specified in
section 2.
(2) Child nutrition act of 1966.--
(A) In general.--Section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773) is amended by striking
subsection (d) and inserting the following:
``(d) No Collection of Debt.--A school participating in the free
breakfast program under this section shall not collect any debt owed to
the school for unpaid meal charges.''.
(B) Conforming amendment.--Section 23(a) of the
Child Nutrition Act of 1966 (42 U.S.C. 1793(a)) is
amended by striking ``school in severe need, as
described in section 4(d)(1)'' and inserting the
following: ``school--
``(1) that has a free breakfast program under section 4 or
seeks to initiate a free breakfast program under that section;
and
``(2) of which not less than 40 percent of the students are
economically disadvantaged students (as identified under a
measure described in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))''.
(e) Nutritional and Other Program Requirements.--Section 4(e) of
the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended--
(1) in paragraph (1)(A), in the second sentence, by
striking ``free or'' and all that follows through the period at
the end and inserting ``free to all children enrolled at a
school participating in the school breakfast program.''; and
(2) in paragraph (2), in the second sentence, by striking
``the full charge to the student for a breakfast meeting the
requirements of this section or''.
(f) Prohibition on Breakfast Shaming, Meal Denial.--
(1) In general.--Effective beginning on the date of
enactment of this Act, a school or school food authority--
(A) shall not--
(i) physically segregate for the purpose of
debt shaming or otherwise discriminate against
any child participating in the breakfast
program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773); or
(ii) overtly identify a child described in
clause (i) by a special token or ticket, an
announced or published list of names, or any
other means; and
(B) shall provide the program meal to any child
eligible under the program.
(2) Child nutrition act of 1966.--Section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at
the end the following:
``(f) Prohibition on Breakfast Shaming.--A school or school food
authority shall not--
``(1) physically segregate for the purpose of debt shaming
or otherwise discriminate against any child participating in
the free breakfast program under this section; or
``(2) overtly identify a child described in paragraph (1)
by a special token or ticket, an announced or published list of
names, or any other means.''.
(g) Department of Defense Overseas Dependents' Schools.--Section
20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended
by striking ``by this section'' and all that follows through the period
at the end and inserting ``by this section.''.
(h) Conforming Amendments.--The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) is amended--
(1) by striking ``or reduced price'' each place it appears;
(2) by striking ``and reduced price'' each place it
appears; and
(3) by striking ``a reduced price'' each place it appears.
TITLE II--SCHOOL LUNCH PROGRAM
SEC. 201. APPORTIONMENT TO STATES.
Section 4(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1753(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Payment amounts.--
``(A) In general.--The national average payment for
each free lunch shall be $4.63, adjusted annually for
inflation in accordance with subparagraph (C) and
rounded in accordance with subparagraph (D).
``(B) Additional payment for local food.--
``(i) Definition of locally-sourced farm
product.--In this subparagraph, the term
`locally-sourced farm product' means a farm
product that--
``(I) is marketed to consumers--
``(aa) directly; or
``(bb) through
intermediated channels (such as
food hubs and cooperatives);
and
``(II) with respect to the school
food authority purchasing the farm
product, is produced and distributed--
``(aa) in the State in
which the school food authority
is located; or
``(bb) not more than 250
miles from the location of the
school food authority.
``(ii) Additional payment eligibility.--
During a school year, a school food authority
shall receive an additional payment described
in clause (iii) if the State certifies that the
school food authority served meals (including
breakfasts, lunches, suppers, and supplements)
during the last school year of which not less
than 25 percent were made with locally-sourced
farm products.
``(iii) Payment amount.--
``(I) In general.--The additional
payment amount under this subparagraph
shall be--
``(aa) $0.30 for each free
lunch and supper;
``(bb) $0.21 for each free
breakfast; and
``(cc) $0.08 for each free
supplement.
``(II) Adjustments.--Each
additional payment amount under
subclause (I) shall be adjusted
annually in accordance with
subparagraph (C) and rounded in
accordance with subparagraph (D).
``(iv) Disbursement.--The State agency
shall disburse funds made available under this
clause to school food authorities eligible to
receive additional reimbursement.
``(C) Inflation adjustment.--
``(i) In general.--The annual inflation
adjustment under subparagraphs (A) and (B)(iii)
shall reflect changes in the cost of operating
the free lunch program under this Act, as
indicated by the change in the Consumer Price
Index for food away from home for all urban
consumers.
``(ii) Basis.--Each annual inflation
adjustment under subparagraphs (A) and (B)(iii)
shall reflect the changes in the Consumer Price
Index for food away from home for the most
recent 12-month period for which that data is
available.
``(D) Rounding.--On July 1, 2023, and annually
thereafter, the national average payment rate for free
lunch and the additional payment amount for free
breakfast, lunch, supper, and supplement under
subparagraph (B) shall be--
``(i) adjusted to the nearest lower-cent
increment; and
``(ii) based on the unrounded amounts for
the preceding 12-month period.''; and
(2) by striking paragraph (3).
SEC. 202. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) Elimination of Free Lunch Eligibility Requirements.--
(1) In general.--Section 9 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758) is amended by
striking subsection (b) and inserting the following:
``(b) Eligibility.--All children enrolled in a school that
participates in the school lunch program under this Act shall be
eligible to receive free lunch under this Act.''.
(2) Conforming amendments.--
(A) Section 9 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758) is amended--
(i) in subsection (c), in the third
sentence, by striking ``or at a reduced cost'';
and
(ii) in subsection (e), by striking ``,
reduced price,''.
(B) Section 28 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769i) is amended--
(i) by striking subsection (b); and
(ii) by redesignating subsection (c) as
subsection (b).
(C) Section 17(d)(2)(A) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(2)(A)) is amended--
(i) by striking clause (i); and
(ii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively.
(D) Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended by striking paragraph (7)
and inserting the following:
``(7) provide safeguards which restrict the use or
disclosure of information concerning applicants and recipients
to purposes directly connected with the administration of the
plan;''.
(E) Section 1154(a)(2)(A)(i) of title 10, United
States Code, is amended by striking ``in accordance
with section 9(b)(1) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(1)''.
(F) Section 4301 of the Food, Conservation, and
Energy Act of 2008 (42 U.S.C. 1758a) is repealed.
(b) No Collection of Debt.--
(1) In general.--Notwithstanding any other provision of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) or any other provision of law, effective beginning on the
date of enactment of this Act, as a condition of participation
in the school lunch program under that Act, a school--
(A) shall not collect any debt owed to the school
for unpaid meal charges; and
(B) shall continue to accrue debt for unpaid meal
charges--
(i) for the purpose of receiving
reimbursement under section 212; and
(ii) until the effective date specified in
section 2.
(2) National school lunch act.--Section 9 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758) is amended
by striking subsection (d) and inserting the following:
``(d) No Collection of Debt.--A school participating in the school
lunch program under this Act shall not collect any debt owed to the
school for unpaid meal charges.''.
SEC. 203. SPECIAL ASSISTANCE PROGRAM.
(a) In General.--Section 11 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a) is repealed.
(b) Conforming Amendments.--
(1) Section 6 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755) is amended--
(A) in subsection (a)(2), by striking ``sections 11
and 13'' and inserting ``section 13''; and
(B) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``section 4, this
section, and section 11'' and inserting ``this section
and section 4''.
(2) Section 7(d) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1756(d)) is amended by striking ``or 11''.
(3) Section 8(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1757(g)) is amended by striking ``and
under section 11 of this Act''.
(4) Section 12(f) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(f)) is amended by striking ``11,''.
(5) Section 7(a) of the Child Nutrition Act of 1966 (42
U.S.C. 1766(a)) is amended--
(A) in paragraph (1)(A), by striking ``4, 11, and
17'' and inserting ``4 and 17''; and
(B) in paragraph (2)(A), by striking ``sections 4
and 11'' and inserting ``section 4''.
(6) Section 1101(j)(3) of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) is
amended--
(A) by striking ``or served under section 11(a)(1)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(d), 1759(a)(1))'' and inserting ``of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d))''; and
(B) by striking ``or reduced price''.
SEC. 204. PRICE FOR A PAID LUNCH.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) is amended--
(1) in subsection (l)(4)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (M)
as subparagraphs (D) through (L), respectively;
(2) by striking subsection (p); and
(3) by redesignating subsections (q) and (r) as subsections
(p) and (q), respectively.
SEC. 205. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)(i)--
(i) in subclause (I), by striking ``have
been determined eligible for free or reduced
price school meals under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.)'' and inserting ``are economically
disadvantaged students (as identified under a
measure described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6313(a)(5)))'';
(ii) in subclause (II), by striking ``are
eligible for free or reduced price school meals
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.)'' and inserting
``are economically disadvantaged students (as
identified under a measure described in section
1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6313(a)(5)))'';
(iii) in subclause (III)(bb), by striking
``meet the income standards for free or reduced
price school meals under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.)'' and inserting ``are economically
disadvantaged students (as identified under a
measure described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6313(a)(5)))'';
(iv) in subclause (IV), by striking ``are
eligible for free or reduced price school meals
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.)'' and inserting
``are economically disadvantaged students (as
identified under a measure described in section
1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6313(a)(5)))''; and
(v) in subclause (V), by striking ``are
eligible for free or reduced price school meals
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.)'' and inserting
``are economically disadvantaged students (as
identified under a measure described in section
1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6313(a)(5)))'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Waiver.--If the Secretary determines that a
program requirement under this section limits the
access of children to meals served under this section,
the Secretary may waive that program requirement.
``(D) Eligibility.--All children shall be eligible
to participate in the program under this section.'';
(C) in paragraph (5), by striking ``only for'' and
all that follows through the period at the end and
inserting ``for meals served to all children.''; and
(D) in paragraph (13)--
(i) in subparagraph (C)(ii), by striking
``eligible for a free or reduced price lunch
under this Act or a free or reduced price
breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773)'' and
inserting ``an economically disadvantaged
student (as identified under a measure
described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6313(a)(5)))''; and
(ii) in subparagraph (D)(ii), by striking
``eligible for free or reduced price lunch
under this Act or free or reduced price
breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773)'' and
inserting ``economically disadvantaged students
(as identified under a measure described in
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)))'';
(2) in subsection (b)(2), by striking ``may only serve''
and all that follows through ``migrant children'';
(3) by striking subsection (c) and inserting the following:
``(c) Payments.--
``(1) In general.--Payments shall be made to service
institutions for meals served--
``(A) during the months of May through September;
``(B) during school vacation at any time during an
academic school year;
``(C) during a teacher in-service day; and
``(D) on days that school is closed due to a
natural disaster, building repair, court order, or
similar cause, as determined by the Secretary.
``(2) Limitation on payments.--A service institution shall
receive payments under this section for not more than 3 meals
and 1 supplement per child per day.''; and
(4) in subsection (f)(3), by striking ``, except that'' and
all that follows through ``section''.
SEC. 206. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
Section 13A of the Richard B. Russell National School Lunch Act (42
U.S.C. 1762) is amended--
(1) in subsection (b)(2)(A)(i), by striking ``$40'' and
inserting ``$60'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``directly
certified'' and all that follows through ``this
section'' and inserting ``an economically disadvantaged
student (as identified under a measure described in
section 1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6313(a)(5)))'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C) through (E)
as subparagraphs (B) through (D), respectively;
(3) in subsection (f)--
(A) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``processes--'' and all
that follows through ``to reliably'' in subparagraph
(B) and inserting ``processes to reliably''; and
(B) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``by--'' and all that
follows through ``establishing'' in subparagraph (B)
and inserting ``by establishing''; and
(4) in subsection (h), by striking paragraph (2) and
inserting the following:
``(2) Eligible child.--The term `eligible child' means any
child residing in a State or on land under the jurisdiction of
a covered Indian Tribal organization that participates in the
program established under this section.''.
SEC. 207. CHILD AND ADULT CARE FOOD PROGRAM.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended--
(1) in subsection (a)(2), by striking subparagraph (B) and
inserting the following:
``(B) any other private organization providing
nonresidential child care or day care outside school
hours for school children;'';
(2) by striking subsection (c) and inserting the following:
``(c) Free Meals.--Notwithstanding any other provision of law--
``(1) all meals and supplements served under the program
authorized under this section shall be provided for free to
participants of the program; and
``(2) an institution that serves those meals and
supplements shall be reimbursed--
``(A) in the case of breakfast, at the rate
established for free breakfast under section
4(b)(1)(B)(i) of the Child Nutrition Act of 1966 (42
U.S.C. 1773(b)(1)(B)(i));
``(B) in the case of lunch, at the rate established
for free lunch under section 4(b)(2)(A); and
``(C) in the case of a supplemental meal, $1.20,
adjusted for inflation in accordance with section
4(b)(2)(C).'';
(3) in subsection (f)--
(A) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) Limitation to reimbursements.--An institution
may claim reimbursement under this paragraph for not
more than 3 meals and 1 supplement per day per
child.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph
(3);
(4) in subsection (o)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively; and
(5) in subsection (r)--
(A) in the subsection heading, by striking
``Program for At-risk School Children'' and inserting
``Afterschool Meal and Snack Program'';
(B) by striking ``at-risk school'' each place it
appears and inserting ``eligible'';
(C) in paragraph (1)--
(i) in the paragraph heading, by striking
``at-risk school'' and inserting ``eligible'';
and
(ii) in subparagraph (B), by striking
``operated'' and all that follows through the
period at the end and inserting a period; and
(D) in paragraph (4)(A), by striking ``only for''
and all that follows through the period at the end and
inserting the following: ``for--
``(i) not more than 1 meal and 1 supplement
per child per day served on a regular school
day; and
``(ii) not more than 3 meals and 1
supplement per child per day served on any day
other than a regular school day.''.
SEC. 208. MEALS AND SUPPLEMENTS FOR CHILDREN IN AFTERSCHOOL CARE.
Section 17A of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766a) is amended--
(1) in the section heading, by striking ``meal
supplements'' and inserting ``meals and supplements'';
(2) in subsection (a)(1), by striking ``meal supplements''
and inserting ``free meals and supplements'';
(3) in subsection (b), by inserting ``meals and'' before
``supplements''; and
(4) by striking subsection (c) and inserting the following:
``(c) Reimbursement.--
``(1) In general.--
``(A) Meals.--A free meal provided under this
section to a child shall be reimbursed at a rate of
$4.63, adjusted annually for inflation in accordance
with paragraph (3)(A) and rounded in accordance with
paragraph (3)(B).
``(B) Supplements.--A free supplement provided
under this section to a child shall be reimbursed at
the rate at which free supplements are reimbursed under
section 17(c)(2)(C).
``(2) Limitation to reimbursements.--An institution may
claim reimbursement under this section for not more than 1 meal
and 1 supplement per day per child served on a regular school
day.
``(3) Inflation; rounding.--
``(A) Inflation adjustment.--
``(i) In general.--The annual inflation
adjustment under paragraph (1)(A) shall reflect
changes in the cost of operating the program
under this section, as indicated by the change
in the Consumer Price Index for food away from
home for all urban consumers.
``(ii) Basis.--Each inflation annual
adjustment under paragraph (1)(A) shall reflect
the changes in the Consumer Price Index for
food away from home for the most recent 12-
month period for which that data is available.
``(B) Rounding.--On July 1, 2023, and annually
thereafter, the reimbursement rate for a free meal
under this section shall be--
``(i) adjusted to the nearest lower-cent
increment; and
``(ii) based on the unrounded amounts for
the preceding 12-month period.''.
SEC. 209. PILOT PROJECTS.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended--
(1) in subsection (g)(5), by striking subparagraph (B) and
inserting the following:
``(B) serve a high proportion of economically
disadvantaged students (as identified under a measure
described in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)));'';
(2) in subsection (h)(1)(A)(ii), by striking ``eligible for
free or reduced price meals under this Act'' and inserting
``economically disadvantaged students (as identified under a
measure described in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)))'';
(3) by striking subsection (j); and
(4) by redesignating subsection (k) as subsection (j).
SEC. 210. FRESH FRUIT AND VEGETABLE PROGRAM.
Section 19(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769a(d)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (2) of this subsection and'';
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``school--'' and all that
follows through ``submits'' in clause (ii) and
inserting ``school that submits'';
(C) in subparagraph (B), by striking ``schools''
and all that follows through ``Act'' and inserting
``high-need schools (as defined in section 2211(b) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6631(b)))''; and
(D) in subparagraph (D)--
(i) by striking clause (i); and
(ii) by redesignating clauses (ii) through
(iv) as clauses (i) through (iii),
respectively; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Outreach to high-need schools.--Prior to making
decisions regarding school participation in the program, a
State agency shall inform high-need schools (as defined in
section 2211(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6631(b))), including Tribal schools, of the
eligibility of the schools for the program.''.
SEC. 211. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE MANAGEMENT
INSTITUTE.
Section 21(a)(1)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b-1(a)(1)(B)) is amended in the matter preceding
clause (i) by striking ``certified to receive free or reduced price
meals'' and inserting ``who are economically disadvantaged students (as
identified under a measure described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)))''.
SEC. 212. REIMBURSEMENT OF SCHOOL MEAL DELINQUENT DEBT PROGRAM.
(a) Definitions.--In this section:
(1) Delinquent debt.--The term ``delinquent debt'' means
the debt owed by a parent or guardian of a child to a school--
(A) as of the effective date specified in section
2; and
(B) for meals served by the school under--
(i) the school breakfast program under
section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773);
(ii) the school lunch program established
under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); or
(iii) both of the programs described in
clauses (i) and (ii).
(2) Program.--The term ``program'' means the program
established under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Reimbursement Program.--
(1) Establishment.--Not later than 60 days after the
effective date specified in section 2, the Secretary shall
establish a program under which the Secretary shall reimburse
each school participating in a program described in clause (i)
or (ii) of subsection (a)(1)(B) for all delinquent debt.
(2) Form for reimbursement.--To carry out the program, the
Secretary shall design and distribute a form to State agencies
to collect data on all delinquent debt in applicable schools in
the State, grouped by school food authority.
(3) Completion date.--The Secretary shall provide all
reimbursements under the program not later than 180 days after
the effective date specified in section 2.
(c) Report.--Not later than 2 years after the effective date
specified in section 2, the Comptroller General of the United States
shall submit to Congress and make publicly available a report that
describes the successes and challenges of the program.
SEC. 213. CONFORMING AMENDMENTS.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended--
(1) by striking ``or reduced price'' each place it appears;
(2) by striking ``or a reduced price'' each place it
appears;
(3) by striking ``and reduced price'' each place it
appears; and
(4) by striking ``a reduced price'' each place it appears.
TITLE III--ELEMENTARY AND SECONDARY EDUCATION DATA
SEC. 301. MEASURE OF POVERTY.
Section 1113(a)(5) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(a)(5)) is amended--
(1) in subparagraph (A), by striking ``the number of
children eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.)'' and inserting ``the number of children from low-income
backgrounds, identified under subparagraph (D)''; and
(2) by adding at the end the following:
``(D) Identification of children from low-income
backgrounds.--
``(i) In general.--A local educational
agency or State agency, for the purpose of
identifying children from low-income
backgrounds enrolled in a school served by a
local educational agency, may--
``(I) maintain a record, with
respect to each student for whom the
local educational agency provides a
free public education that contains the
information collected from the survey
described in clause (iii);
``(II) distribute and collect a
student survey based on the template
developed under clause (iii) to
identify children from low-income
backgrounds; and
``(III) utilize direct
certification data described in clause
(iv)(I) to identify children from low-
income backgrounds.
``(ii) Privacy.--
``(I) In general.--All individual
data collected under this subparagraph
shall be protected by the local
educational agency or State agency in a
manner consistent with all applicable
local, State, and Federal privacy laws.
``(II) Reporting data.--Only
aggregated data, which may include data
disaggregated at the school, local
educational agency, or State level,
shall be reported to the Secretary at
such time and in such manner as the
Secretary may reasonably require.
``(iii) Survey.--Not later than 180 days
after the date of enactment of the Universal
School Meals Program Act of 2023, the
Secretary, in consultation with the Secretary
of Agriculture, shall develop a template
survey--
``(I) to identify children from
low-income backgrounds that contains
only the information necessary to
identify a child as a child from a low-
income background by using the criteria
of eligibility for a free or reduced
priced lunch under the Richard B.
Russell National School Lunch Act, as
such criteria were in effect on
September 30, 2022; and
``(II) that shall be designed to be
easily accessible and in a user-
friendly manner.
``(iv) Transition authority from frpl to
esea measures.--The Secretary, in coordination
with the Secretary of Agriculture, shall have
the authority to take such steps as are
necessary to provide for the orderly transition
to, and implementation of--
``(I) activities that are necessary
for the continuity of direct
certification carried out by local
educational agencies and State agencies
specified in paragraphs (4), (5), and
(15) section 9(b) of the Richard B.
Russell National School Lunch Act, as
in effect on September 30, 2022, for
the purposes of identifying any child
eligible for free or reduced priced
lunch under such Act, as in effect on
such date, as a child from a low-income
background;
``(II) procedures for verification
of information collected under this
subparagraph, which may include
procedures modeled on the requirement
specified in section 9(b)(3) of the
Richard B. Russell National School
Lunch Act, as in effect on September
30, 2022; and
``(III) data privacy provisions for
information collected under this
subparagraph, in accordance with the
requirements specified in section
9(b)(6) of the Richard B. Russell
National School Lunch Act, as in effect
on September 30, 2022.
``(v) Special rule.--For the purposes of
subparagraph (A), a local educational agency
may determine the number of children from low-
income backgrounds enrolled in a school served
by such agency using one or more of the
following methods:
``(I) Results from surveys
specified in clause (i)(II).
``(II) Direct certification data
specified in clause (i)(III).
``(III) Utilization of both methods
described in subclauses (I) and
(II).''.
TITLE IV--AMENDMENTS TO OTHER PROGRAMS AND LAWS
SEC. 401. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Agreement for Direct Certification.--
(1) In general.--Section 11 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020) is amended--
(A) by striking subsection (u); and
(B) by redesignating subsections (v) through (x) as
subsections (u) through (w), respectively.
(2) Conforming amendments.--Section 11(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--
(A) in paragraph (8)(F), by striking ``or
subsection (u)''; and
(B) in paragraph (26)(B), by striking ``(x)'' and
inserting ``(w)''.
(b) Nutrition Education and Obesity Prevention Grant Program.--
Section 28(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(a))
is amended by striking paragraph (1) and inserting the following:
``(1) an individual eligible for benefits under this
Act;''.
SEC. 402. HIGHER EDUCATION ACT OF 1965.
(a) Teacher Quality Enhancement.--Subparagraph (A) of section
200(11) of the Higher Education Act of 1965 (20 U.S.C. 1021(11)) is
amended to read as follows:
``(A) In general.--The term `high-need school'
means a school that is in the highest quartile of
schools in a ranking of all schools served by a local
educational agency, ranked in descending order by
percentage of students from low-income families
enrolled in such schools, as determined by the local
educational agency based on one of the following
measures of poverty:
``(i) The percentage of students aged 5
through 17 in poverty counted in the most
recent census data approved by the Secretary.
``(ii) The percentage of students in
families receiving assistance under the State
program funded under the program of block
grants to States for temporary assistance for
needy families established under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.).
``(iii) The percentage of students eligible
to receive medical assistance under the program
of medical assistance established under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.).
``(iv) A composite of two or more of the
measures described in clauses (i) through
(iii).''.
(b) GEAR Up.--Subparagraph (A) of section 404B(d)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-22(d)(1)) is amended to read as
follows:
``(A) provide services under this chapter to at
least one grade level of students, beginning not later
than 7th grade, in a participating school--
``(i) that has a 7th grade; and
``(ii) in which--
``(I) at least 50 percent of the
students enrolled are economically
disadvantaged students (as identified
under a measure described in section
1113(a)(5) of the Elementary and
Secondary Education Act of 1965); or
``(II) if an eligible entity
determines that it would promote the
effectiveness of a program, an entire
grade level of students, beginning not
later than the 7th grade, reside in
public housing, as defined in section
3(b)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(1)).''.
(c) Simplified Needs Test.--Section 479(d)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087ss(d)(2)) is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) through (F) as
subparagraphs (C) through (E), respectively.
(d) Early Federal Pell Grant Commitment Demonstration Program.--
Section 894(b) of the Higher Education Act of 1965 (20 U.S.C. 1161y(b))
is amended--
(1) in paragraph (1)(B), by striking ``qualify for a free
or reduced price school lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)'' and inserting
``are economically disadvantaged students (as identified under
a measure described in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965)''; and
(2) in paragraph (5), by striking ``eligible for a free or
reduced price school lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)'' and inserting
``economically disadvantaged students (as identified under a
measure described in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965)''.
SEC. 403. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
(a) Literacy Education for All.--Section 2221(b)(3)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6641(b)(3)(B)) is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(b) Grants for Education Innovation and Research.--Section
4611(d)(2) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7261(d)(2)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(c) Eligibility for Heavily Impacted Local Educational Agencies.--
Item (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) is
amended to read as follows:
``(bb) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 30
percent; and''.
SEC. 404. AMERICA COMPETES ACT.
Section 6122(3) of the America COMPETES Act (20 U.S.C. 9832(3)) is
amended by striking ``data on children eligible for free or reduced-
price lunches under the Richard B. Russell National School Lunch
Act,''.
SEC. 405. WORKFORCE INNOVATION AND OPPORTUNITY ACT.
Section 3(36)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102(36)(A)) is amended--
(1) by striking clause (iv); and
(2) by redesignating clauses (v) and (vi) as clauses (iv)
and (v), respectively.
SEC. 406. NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002.
Section 4(8) of the National Science Foundation Authorization Act
of 2002 (42 U.S.C. 1862n note; Public Law 107-368) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
SEC. 407. CHILD CARE AND DEVELOPMENT BLOCK GRANT.
Section 658O(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858m(b)) is amended--
(1) in paragraph (1)(B), by striking ``school lunch
factor'' and inserting ``economically disadvantaged students
factor''; and
(2) by amending paragraph (3) to read as follows:
``(3) Economically disadvantaged students factor.--In this
subsection, the term `economically disadvantaged students
factor' means the ratio of the number of children in the State
who are economically disadvantaged students (as identified
under a measure described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5))) to the number of such children in all the States
as determined annually by the Secretary of Education.''.
SEC. 408. CHILDREN'S HEALTH ACT OF 2000.
Section 1404(b) of the Children's Health Act of 2000 (42 U.S.C.
9859c(b)) is amended--
(1) in paragraph (1)(B), by striking ``school lunch
factor'' and inserting ``economically disadvantaged students
factor''; and
(2) by amending paragraph (3) to read as follows:
``(3) Economically disadvantaged students factor.--In this
subsection, the term `economically disadvantaged students
factor' means the ratio of the number of children in the State
who are economically disadvantaged students (as identified
under a measure described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5))) to the number of such children in all the States
as determined annually by the Secretary of Education.''.
SEC. 409. JUVENILE JUSTICE AND DELINQUENCY PREVENTION.
Section 252(i) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (34 U.S.C. 11162(i)) is amended to read as follows:
``(i) Free School Lunches for Incarcerated Juveniles.--
``(1) In general.--A juvenile who is incarcerated in an
eligible juvenile detention center is eligible to receive free
lunch under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.).
``(2) Guidance.--Not later than 1 year after the date of
the enactment of the Universal School Meals Program Act of
2023, the Attorney General, in consultation with the Secretary
of Agriculture, shall provide guidance to States relating to
the options for school food authorities in the States to apply
for reimbursement for free lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) for
juveniles who are incarcerated.
``(3) Eligible juvenile detention center defined.--In this
subsection, the term `eligible juvenile detention center' does
not include any private, for-profit detention center.''.
<all>
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1569 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1569
To protect law enforcement officers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Cornyn (for himself, Mr. McConnell, Mr. Graham, Mr. Cruz, Mr.
Tillis, Mr. Scott of Florida, Mr. Moran, Mr. Braun, Mr. Cramer, Mrs.
Blackburn, Mr. Boozman, Mrs. Fischer, Mrs. Capito, Mrs. Britt, Mr.
Crapo, Mr. Rubio, Mr. Risch, Mr. Ricketts, Mr. Daines, Mr. Barrasso,
Mr. Lankford, Mrs. Hyde-Smith, Mr. Kennedy, Mr. Cotton, Mr. Thune, Mr.
Hoeven, Mr. Budd, Mr. Hawley, Mr. Scott of South Carolina, Mr. Hagerty,
Mr. Marshall, Mr. Cassidy, Ms. Ernst, Mr. Tuberville, Mr. Grassley, Mr.
Young, Mr. Schmitt, Ms. Lummis, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To protect law enforcement officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Back the Blue Act of 2023''.
SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS.
(a) Killing of Law Enforcement Officers.--
(1) Offense.--Chapter 51 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1123. Killing of law enforcement officers
``(a) Definitions.--In this section--
``(1) the terms `Federal law enforcement officer' and
`United States judge' have the meanings given those terms in
section 115;
``(2) the term `federally funded public safety officer'
means a public safety officer or judicial officer for a public
agency that--
``(A) receives Federal financial assistance; and
``(B) is an agency of an entity that is a State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, or any territory or possession of the
United States, an Indian tribe, or a unit of local
government of that entity;
``(3) the term `firefighter' includes an individual serving
as an official recognized or designated member of a legally
organized volunteer fire department and an officially
recognized or designated public employee member of a rescue
squad or ambulance crew;
``(4) the term `judicial officer' means a judge or other
officer or employee of a court, including prosecutors, court
security, pretrial services officers, court reporters, and
corrections, probation, and parole officers;
``(5) the term `law enforcement officer' means an
individual, with statutory arrest powers, involved in crime or
juvenile delinquency control or reduction or enforcement of the
laws;
``(6) the term `public agency' includes a court system, the
National Guard of a State to the extent the personnel of that
National Guard are not in Federal service, and the defense
forces of a State authorized by section 109 of title 32; and
``(7) the term `public safety officer' means an individual
serving a public agency in an official capacity, as a law
enforcement officer, as a firefighter, as a chaplain, or as a
member of a rescue squad or ambulance crew.
``(b) Offense.--It shall be unlawful for any person to--
``(1) kill, or attempt or conspire to kill--
``(A) a United States judge;
``(B) a Federal law enforcement officer; or
``(C) a federally funded public safety officer
while that officer is engaged in official duties, or on
account of the performance of official duties; or
``(2) kill a former United States judge, Federal law
enforcement officer, or federally funded public safety officer
on account of the past performance of official duties.
``(c) Penalty.--Any person that violates subsection (b) shall be
fined under this title and imprisoned for not less than 10 years or for
life, or, if death results, shall be sentenced to not less than 30
years and not more than life, or may be punished by death.''.
(2) Table of sections.--The table of sections for chapter
51 of title 18, United States Code, is amended by adding at the
end the following:
``1123. Killing of law enforcement officers.''.
(b) Assault of Law Enforcement Officers.--
(1) Offense.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 120. Assaults of law enforcement officers
``(a) Definition.--In this section, the term `federally funded
State or local law enforcement officer' means an individual involved in
crime and juvenile delinquency control or reduction, or enforcement of
the laws (including a police, corrections, probation, or parole
officer) who works for a public agency (that receives Federal financial
assistance) of a State of the United States or the District of
Columbia.
``(b) Offense.--It shall be unlawful to assault a federally funded
State or local law enforcement officer while engaged in or on account
of the performance of official duties, or assaults any person who
formerly served as a federally funded State or local law enforcement
officer on account of the performance of such person's official duties
during such service, or because of the actual or perceived status of
the person as a federally funded State or local law enforcement
officer.
``(c) Penalty.--Any person that violates subsection (b) shall be
subject to a fine under this title and--
``(1) if the assault resulted in bodily injury (as defined
in section 1365), shall be imprisoned not less than 2 years and
not more than 10 years;
``(2) if the assault resulted in substantial bodily injury
(as defined in section 113), shall be imprisoned not less than
5 years and not more than 20 years;
``(3) if the assault resulted in serious bodily injury (as
defined in section 1365), shall be imprisoned for not less than
10 years;
``(4) if a deadly or dangerous weapon was used during and
in relation to the assault, shall be imprisoned for not less
than 20 years; and
``(5) shall be imprisoned for not more than 1 year in any
other case.
``(d) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this section may be undertaken by the United States, except
under the certification in writing of the Attorney General, or
a designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence; or
``(D) a prosecution by the United States is in the
public interest and necessary to secure substantial
justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal officers,
or a Federal grand jury, to investigate possible violations of
this section.
``(e) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as provided
in paragraph (2), no person shall be prosecuted, tried, or
punished for any offense under this section unless the
indictment for such offense is found, or the information for
such offense is instituted, not later than 7 years after the
date on which the offense was committed.
``(2) Offenses resulting in death.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any time
without limitation.''.
(2) Table of sections.--The table of sections for chapter 7
of title 18, United States Code, is amended by adding at the
end the following:
``120. Assaults of law enforcement officers.''.
(c) Flight To Avoid Prosecution for Killing Law Enforcement
Officials.--
(1) Offense.--Chapter 49 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1075. Flight to avoid prosecution for killing law enforcement
officials
``(a) Offense.--It shall be unlawful for any person to move or
travel in interstate or foreign commerce with intent to avoid
prosecution, or custody or confinement after conviction, under the laws
of the place from which the person flees or under section 1114 or 1123,
for a crime consisting of the killing, an attempted killing, or a
conspiracy to kill a Federal judge or Federal law enforcement officer
(as those terms are defined in section 115), or a federally funded
public safety officer (as that term is defined in section 1123).
``(b) Penalty.--Any person that violates subsection (a) shall be
fined under this title and imprisoned for not less than 10 years, in
addition to any other term of imprisonment for any other offense
relating to the conduct described in subsection (a).''.
(2) Table of sections.--The table of sections for chapter
49 of title 18, United States Code, is amended by adding at the
end the following:
``1075. Flight to avoid prosecution for killing law enforcement
officials.''.
SEC. 3. SPECIFIC AGGRAVATING FACTOR FOR FEDERAL DEATH PENALTY KILLING
OF LAW ENFORCEMENT OFFICER.
(a) Aggravating Factors for Homicide.--Section 3592(c) of title 18,
United States Code, is amended by inserting after paragraph (16) the
following:
``(17) Killing of a law enforcement officer, prosecutor,
judge, or first responder.--The defendant killed or attempted
to kill a person who is authorized by law--
``(A) to engage in or supervise the prevention,
detention, or investigation of any criminal violation
of law;
``(B) to arrest, prosecute, or adjudicate an
individual for any criminal violation of law; or
``(C) to be a firefighter or other first
responder.''.
SEC. 4. LIMITATION ON FEDERAL HABEAS RELIEF FOR MURDERS OF LAW
ENFORCEMENT OFFICERS.
(a) Justice for Law Enforcement Officers and Their Families.--
(1) In general.--Section 2254 of title 28, United States
Code, is amended by adding at the end the following:
``(j)(1) For an application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State court for a
crime that involved the killing of a public safety officer (as that
term is defined in section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10284)) or judge, while the
public safety officer or judge was engaged in the performance of
official duties, or on account of the performance of official duties by
or status as a public safety officer or judge of the public safety
officer or judge--
``(A) the application shall be subject to the time
limitations and other requirements under sections 2263, 2264,
and 2266; and
``(B) the court shall not consider claims relating to
sentencing that were adjudicated in a State court.
``(2) Sections 2251, 2262, and 2101 are the exclusive sources of
authority for Federal courts to stay a sentence of death entered by a
State court in a case described in paragraph (1).''.
(2) Rules.--Rule 11 of the Rules Governing Section 2254
Cases in the United States District Courts is amended by adding
at the end the following: ``Rule 60(b)(6) of the Federal Rules
of Civil Procedure shall not apply to a proceeding under these
rules in a case that is described in section 2254(j) of title
28, United States Code.''.
(3) Finality of determination.--Section 2244(b)(3)(E) of
title 28, United States Code, is amended by striking ``the
subject of a petition'' and all that follows and inserting:
``reheard in the court of appeals or reviewed by writ of
certiorari.''.
(4) Effective date and applicability.--
(A) In general.--This paragraph and the amendments
made by this paragraph shall apply to any case pending
on or after the date of enactment of this Act.
(B) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this
paragraph impose a time limit for taking certain
action, the period of which began before the date of
enactment of this Act, the period of such time limit
shall begin on the date of enactment of this Act.
(C) Exception.--The amendments made by this
paragraph shall not bar consideration under section
2266(b)(3)(B) of title 28, United States Code, of an
amendment to an application for a writ of habeas corpus
that is pending on the date of enactment of this Act,
if the amendment to the petition was adjudicated by the
court prior to the date of enactment of this Act.
SEC. 5. SELF-DEFENSE RIGHTS FOR LAW ENFORCEMENT OFFICERS.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by inserting after section 3053 the following:
``Sec. 3054. Authority of law enforcement officers to carry firearms
``Any sworn officer, agent, or employee of the United States, a
State, or a political subdivision thereof, who is authorized by law to
engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of law, or to supervise or secure the
safety of incarcerated inmates, may carry firearms if authorized by law
to do so. Such authority to carry firearms, with respect to the lawful
performance of the official duties of a sworn officer, agent, or
employee of a State or a political subdivision thereof, shall include
possession incident to depositing a firearm within a secure firearms
storage area for use by all persons who are authorized to carry a
firearm within any building or structure classified as a Federal
facility or Federal court facility, as those terms are defined under
section 930, and any grounds appurtenant to such a facility.''.
(b) Carrying of Concealed Firearms by Qualified Law Enforcement
Officers.--Section 926B(e)(2) of title 18, United States Code, is
amended by inserting ``any magazine and'' after ``includes''.
(c) Carrying of Concealed Firearms by Qualified Retired Law
Enforcement Officers.--Section 926C(e)(1)(B) of title 18, United States
Code, is amended by inserting ``any magazine and'' after ``includes''.
(d) School Zones.--Section 922(q)(2)(B)(vi) title 18, United States
Code, is amended by inserting ``, a qualified law enforcement officer
(as defined in section 926B), or a qualified retired law enforcement
officer (as defined in section 926C)'' before the semicolon.
(e) Regulations Required.--Not later than 60 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations allowing persons described in section 3054 of title 18,
United States Code, to possess firearms in a manner described by that
section. With respect to Federal justices, judges, bankruptcy judges,
and magistrate judges, such regulations shall be prescribed after
consultation with the Judicial Conference of the United States.
(f) Table of Sections.--The table of sections for chapter 203 of
title 18, United States Code, is amended by inserting after the item
relating to section 3053 the following:
``3054. Authority of law enforcement officers to carry firearms.''.
(g) Further Amendments.--Section 930 of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the possession of a firearm or ammunition in a
Facility Security Level I or II civilian public access facility
by a qualified law enforcement officer (as defined in section
926B(c)) or a qualified retired law enforcement officer (as
defined in section 926C(c)).''; and
(2) in subsection (g), by adding at the end the following:
``(4) The term `Facility Security Level' means a security
risk assessment level assigned to a Federal facility by the
security agency of the facility in accordance with the
biannually issued Interagency Security Committee Standard.
``(5) The term `civilian public access facility' means a
facility open to the general public.''.
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118S157 | Drone Act of 2023 | [
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] | <p><b>Drone Act of 2023</b></p> <p>This bill creates a federal statutory framework to criminalize various conduct involving the misuse of drones.</p> <p>Among its provisions, the bill generally prohibits the</p> <ul type="disc"> <li>operation of a drone that poses an imminent safety hazard to vessels or motor vehicles; </li> <li>weaponization of a drone (e.g., attaching a firearm or explosive); and </li> <li>operation of a drone that interferes with a law enforcement, emergency response, or military operation or activity of the federal government or of a state, local, or tribal government. </li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 157 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 157
To prevent the misuse of drones, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Grassley (for himself, Mr. Kelly, Mr. Cassidy, Ms. Cortez Masto,
Ms. Hassan, and Mrs. Feinstein) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent the misuse of drones, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drone Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drone technology has the potential to revolutionize
commerce, military operations, law enforcement, and various
industries, as well as recreation in general;
(2) drone technology also presents a potential danger to
public safety and national security;
(3) drone technology is increasingly being used by drug
trafficking and human trafficking organizations at the southern
border--
(A) to assist in smuggling into the United States
high-value items;
(B) for conducting reconnaissance; and
(C) even as offensive weapons against competing
criminal organizations;
(4) drone technology has been used to deliver into Federal
correctional centers contraband such as cell phones, wire
cutters, screwdrivers, and hacksaws;
(5) there were 875 drone sightings in restricted airport
airspace in 2020, and 766 such sightings in the first half of
2021, including 36 such sightings in the vicinities of runways;
and
(6) while existing Federal law includes some criminal
provisions relating to misuse of drones, those provisions are
fragmentary in nature and therefore fail to restrain and deter
the most serious drone-related crimes.
SEC. 3. DRONE OFFENSES.
Part I of title 18, United States Code, is amended--
(1) in section 39B(a)--
(A) in paragraph (1)--
(i) by striking ``operation of, an
aircraft'' and inserting the following:
``operation of--
``(A) an aircraft'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(B) a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, as
those terms are defined in section 70502 of title 46,
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c);
``(C) a motor vehicle that is used, operated, or
employed in interstate or foreign commerce and is
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c); or
``(D) a vehicle used or designed for flight or
navigation in space described in section 7(6), shall be
punished as provided in subsection (c).''; and
(B) in paragraph (2)--
(i) by striking ``operation of, an
aircraft'' and inserting the following:
``operation of--
``(A) an aircraft'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(B) a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, as
those terms are defined in section 70502 of title 46,
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c);
``(C) a motor vehicle that is used, operated, or
employed in interstate or foreign commerce and is
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c); or
``(D) a vehicle used or designed for flight or
navigation in space described in section 7(6), shall be
punished as provided in subsection (c).'';
(2) in section 40A--
(A) in the heading, by striking ``Operation of
unauthorized unmanned aircraft over wildfires'' and
inserting ``Interference by unauthorized unmanned
aircraft with law enforcement, emergency response, and
military activities''; and
(B) in subsection (a)--
(i) by striking ``operates an unmanned
aircraft and knowingly or recklessly'' and
inserting the following: ``operates an unmanned
aircraft and--
``(1) knowingly or recklessly'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(2) knowingly or recklessly interferes with a law
enforcement, emergency response, or military operation or
activity of a unit or agency of the United States Government or
of a State, tribal, or local government (other than a wildfire
suppression or law enforcement or emergency response efforts
related to a wildfire suppression) shall be fined under this
title, imprisoned for not more than 2 years, or both.'';
(3) by inserting after section 40A the following:
``Sec. 40B. Misuse of unmanned aircraft
``(a) Definitions.--In this section--
``(1) the term `aircraft', notwithstanding section
31(a)(1), means any device, craft, vehicle, or contrivance that
is--
``(A) invented, used, or designed to navigate, fly,
or travel in the air; or
``(B) used or intended to be used for flight in the
air;
``(2) the term `airport' has the meaning given the term in
section 40102(a)(9) of title 49;
``(3) the term `contraband' has the meaning given the term
in section 80302(a) of title 49;
``(4) the term `dangerous weapon' has the meaning given the
term in section 930;
``(5) the term `explosive' means any thing within the scope
of the definition of `explosive materials' in section 841;
``(6) the term `firearm' has the meaning given the term in
section 921;
``(7) the term `Federal law' includes any form of Federal
law, including any Federal statute, rule, regulation, or order;
``(8) the term `personnel of the United States' means any
Federal officer, employee, or contractor, or any person
assisting such an officer, employee, or contractor in the
performance of duties;
``(9) the terms `prison' and `prohibited object' have the
meanings given those terms in section 1791;
``(10) the term `restricted electromagnetic weapon' means
any type of device, instrument, technology, or contrivance
that--
``(A) can generate or emit electromagnetic
radiation or fields that are capable of jamming,
disrupting, degrading, damaging, or interfering with
the operation of any technological or electronic asset,
system, network, or infrastructure, or any component or
subcomponent thereof; and
``(B) is classified as a restricted electromagnetic
weapon by the Attorney General, in consultation with
the Secretary of Defense;
``(11) the term `serious bodily injury' has the meaning
given the term in section 1365;
``(12) the term `United States corporation or legal entity'
means any corporation or other entity organized under the laws
of the United States or any State;
``(13) the term `unmanned aircraft' has the meaning given
the term in section 44801 of title 49;
``(14) the term `vessel' means any craft or contrivance
used, capable of being used, or designed to be used for
transportation in, on, or through water; and
``(15) the term `weapon of mass destruction' has the
meaning given the term in section 2332a.
``(b) Offenses.--
``(1) Weaponization.--It shall be unlawful, in a
circumstance described in subsection (c), to knowingly--
``(A) equip or arm an unmanned aircraft with a
firearm, explosive, dangerous weapon, restricted
electromagnetic weapon, or weapon of mass destruction;
``(B) possess, receive, transfer, operate, or
produce an unmanned aircraft that is equipped or armed
with a firearm, explosive, dangerous weapon, restricted
electromagnetic weapon, or weapon of mass destruction;
``(C) discharge or deploy a firearm, explosive,
dangerous weapon, restricted electromagnetic weapon, or
weapon of mass destruction using an unmanned aircraft;
or
``(D) use an unmanned aircraft to cause--
``(i) serious bodily injury or death to a
person; or
``(ii) damage to--
``(I) property in an amount that
exceeds $5,000; or
``(II) critical infrastructure (as
defined in section 1016 of the USA
PATRIOT Act (42 U.S.C. 5195c)).
``(2) Operation of drone to commit felony.--It shall be
unlawful to knowingly operate an unmanned aircraft in
furtherance of the commission of a crime punishable by death or
imprisonment of more than 1 year under a law of the United
States or a State, if Federal law requires that the aircraft be
registered and the aircraft is not registered.
``(3) Impairment of identification or lighting.--It shall
be unlawful to, in violation of Federal law, knowingly and
willfully--
``(A) remove, obliterate, tamper with, or alter the
identification number of the unmanned aircraft;
``(B) disable or fail to effect any required
identification transmission or signaling of the
unmanned aircraft; or
``(C) disable or obscure any required anti-
collision lighting of the unmanned aircraft or fail to
have or illuminate such lighting as required.
``(4) Intrusion on protected spaces.--It shall be unlawful
for any person, knowing that the conduct of the person is
unlawful, to--
``(A) operate an unmanned aircraft in any airspace,
or cause the takeoff or landing of an unmanned aircraft
in any place, in violation of Federal law, including
all applicable rules, regulations, and orders of the
Federal Aviation Administration and the Department of
Homeland Security; or
``(B) operate an unmanned aircraft across a border
of the United States or its territories or possessions
without complying with the requirements of Federal law,
including all applicable rules, regulations, and orders
of the Federal Aviation Administration and the
Department of Homeland Security.
``(5) Transportation of contraband.--It shall be unlawful
to knowingly use an unmanned aircraft to--
``(A) transport contraband; or
``(B) introduce a prohibited object into a prison.
``(c) Circumstances.--The circumstances described in this
subsection are that the offense--
``(1) is an offense under paragraph (2), (3), (4), or (5)
of subsection (b);
``(2) involves an unmanned aircraft, firearm, explosive,
dangerous weapon, restricted electromagnetic weapon, weapon of
mass destruction, or ammunition that has moved at any time in
interstate or foreign commerce;
``(3) occurs in or affects interstate or foreign commerce;
``(4) involves the movement of any person or thing in, or
use of any means or instrumentality of, interstate or foreign
commerce;
``(5) involves--
``(A) any use of the electromagnetic spectrum that
is subject to the jurisdiction of the Federal
Communications Commission or the National
Telecommunications and Information Administration; or
``(B) any aircraft or airspace use that is subject
to the jurisdiction of the Federal Aviation
Administration;
``(6) is committed, whether within or outside of the United
States, against--
``(A) the United States or any department, agency,
property, activity, or personnel of the United States;
or
``(B) an aircraft in the special aircraft
jurisdiction of the United States (as defined in
section 46501 of title 49);
``(7) is committed outside of the United States against any
United States national, United States corporation or legal
entity, aircraft registered under United States law, or vessel
of the United States or vessel subject to the jurisdiction of
the United States (as those terms are defined in section 70502
of title 46); or
``(8) is committed in the special maritime and territorial
jurisdiction of the United States.
``(d) Penalties.--Any person who violates subsection (b)--
``(1) in the case of a violation of paragraph (2), (3), or
(4) of that subsection, shall be imprisoned for not more than 5
years, fined under this title, or both;
``(2) in the case of a violation of paragraph (1)(A),
(1)(B), (1)(C), or (5) of that subsection, shall be imprisoned
for not more than 10 years, fined under this title, or both;
``(3) subject to paragraph (4) of this subsection, in the
case of a violation of paragraph (1)(D) of that subsection,
shall be imprisoned for not more than 20 years, fined under
this title, or both; and
``(4) in the case of a violation of any paragraph of that
subsection, if death results, shall be sentenced to death or
imprisoned for any term of years or for life, fined under this
title, or both.
``(e) Inchoate Offenses.--
``(1) In general.--Whoever threatens, attempts, or
conspires to commit an offense under subsection (b) shall be
subject to the same punishment under subsection (d) as for a
completed offense.
``(2) Federal jurisdiction.--In the case of a threat,
attempt, or conspiracy to commit an offense under subsection
(b), the requirement that a circumstance described in
subsection (c) exists shall be satisfied if any of the
circumstances described in that subsection would have existed
had the offense been carried out.
``(f) Exceptions.--
``(1) Government-authorized conduct.--Subsection (b) shall
not apply to conduct by or under the authority of, authorized
by, or pursuant to a contract with, the United States or a
State, Tribal, or local government, or any department or agency
of the United States or a State, Tribal, or local government.
``(2) Weaponization for authorized or licensed
activities.--Subsection (b)(1), as that subsection applies to
firearms, explosives, and other dangerous weapons, shall not
apply to--
``(A) conduct related to avalanche mitigation; or
``(B) any other conduct in which the use of the
firearm, explosive, or dangerous weapon is licensed or
otherwise permitted for the mitigation of dangers
associated with hazardous environments.
``(3) Authorized property damage.--Subsection (b)(1)(D)
shall not apply to conduct consisting of injury to property, if
engaged in by or with the authorization or consent of the owner
of the property, including in any consensual competition in
which unmanned aircraft are deployed against each other.'';
(4) in the chapter analysis for chapter 2, by striking the
item relating to section 40A and inserting the following:
``40A. Interference by unauthorized unmanned aircraft with law
enforcement, emergency response, and
military activities.
``40B. Misuse of unmanned aircraft.'';
(5) in section 982(a)(6)(A), by inserting ``39B (relating
to unsafe operation of unmanned aircraft), 40A (relating to
interference by unauthorized unmanned aircraft with law
enforcement, emergency response, and military activities), 40B
(relating to misuse of unmanned aircraft),'' before ``555'';
(6) in section 2332b(g)(5)(B), by inserting ``40B(b)(1)
(relating to weaponization of unmanned aircraft),'' before
``81''; and
(7) in section 2516(1)(c), by inserting ``section 39B
(relating to unsafe operation of unmanned aircraft), section
40A (relating to interference by unauthorized unmanned aircraft
with law enforcement, emergency response, and military
activities), section 40B (relating to misuse of unmanned
aircraft),'' before ``section 43''.
<all>
</pre></body></html>
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118S1570 | Bottles and Breastfeeding Equipment Screening Enhancement Act | [
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1570 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1570
To amend the Bottles and Breastfeeding Equipment Screening Act to
require hygienic handling of breast milk and baby formula by security
screening personnel of the Transportation Security Administration and
personnel of private security companies providing security screening,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Duckworth (for herself, Mr. Daines, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Bottles and Breastfeeding Equipment Screening Act to
require hygienic handling of breast milk and baby formula by security
screening personnel of the Transportation Security Administration and
personnel of private security companies providing security screening,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bottles and Breastfeeding Equipment
Screening Enhancement Act''.
SEC. 2. HYGIENIC HANDLING OF BREAST MILK AND BABY FORMULA DURING
AVIATION SECURITY SCREENING.
The Bottles and Breastfeeding Equipment Screening Act (Public Law
114-293) is amended by adding at the end the following new sections:
``SEC. 3. HYGIENIC HANDLING OF BREAST MILK AND BABY FORMULA DURING
AVIATION SECURITY SCREENING.
``Not later than 90 days after the date of the enactment of this
section and every five years thereafter, if appropriate, the
Administrator of the Transportation Security Administration shall issue
or update, as the case may be, guidance to minimize the risk for
contamination of any breast milk, baby formula, purified deionized
water for infants, and juice (as well as ice packs, freezer packs,
frozen gel packs and other accessories required to cool breast milk,
baby formula, and juice) that is subject to re-screening or otherwise
subject to additional screening. Such guidance shall--
``(1) be developed in consultation with nationally
recognized maternal health organizations;
``(2) ensure adherence to hygienic standards, as
established by the Administrator, in consultation with
nationally recognized maternal health organizations;
``(3) ensure that, when any such re-screening or additional
screening requires additional testing, such testing so adheres
to such standards, to so minimize such risk; and
``(4) apply to security screening personnel of the
Administration and personnel of private security companies
providing security screening pursuant to section 44920 of title
49, United States Code.
``SEC. 4. INSPECTOR GENERAL AUDIT.
``Not later than one year after the date of the enactment of this
section, the Inspector General of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an audit of compliance
with the requirements of sections 2 and 3. Such audit shall also
include information relating to the effect of various types of
screening technologies, including bottled liquid scanners, on the
screening of breast milk, baby formula, purified deionized water for
infants, and juice (as well as ice packs, freezer packs, frozen gel
packs and other accessories required to cool breast milk, baby formula,
and juice) that is subject to re-screening or otherwise subject to
additional screening, and the rate at which such items are denied entry
into the sterile area (as such term is defined in section 1540.5 of
title 49, Code of Federal Regulations).''.
<all>
</pre></body></html>
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118S1571 | Rural Hospital Closure Relief Act of 2023 | [
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"sponsor"
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1571 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1571
To amend title XVIII of the Social Security Act to restore State
authority to waive for certain facilities the 35-mile rule for
designating critical access hospitals under the Medicare program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Durbin (for himself and Mr. Lankford) 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 restore State
authority to waive for certain facilities the 35-mile rule for
designating critical access hospitals under the Medicare program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Hospital Closure Relief Act of
2023''.
SEC. 2. RESTORING STATE AUTHORITY TO WAIVE THE 35-MILE RULE FOR CERTAIN
MEDICARE CRITICAL ACCESS HOSPITAL DESIGNATIONS.
(a) In General.--Section 1820 of the Social Security Act (42 U.S.C.
1395i-4) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B)(i)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by inserting ``or''
at the end; and
(iii) by adding at the end the following
new subclause:
``(III) subject to subparagraph
(G), is a hospital described in
subparagraph (F) and is certified on or
after the date of the enactment of the
Rural Hospital Closure Relief Act of
2023 by the State as being a necessary
provider of health care services to
residents in the area;''; and
(B) by adding at the end the following new
subparagraphs:
``(F) Hospital described.--For purposes of
subparagraph (B)(i)(III), a hospital described in this
subparagraph is a hospital that--
``(i) is a sole community hospital (as
defined in section 1886(d)(5)(D)(iii)), a
medicare dependent, small rural hospital (as
defined in section 1886(d)(5)(G)(iv)), a low-
volume hospital that in 2021 receives a payment
adjustment under section 1886(d)(12), a
subsection (d) hospital (as defined in section
1886(d)(1)(B)) that has fewer than 50 beds, or,
subject to the limitation under subparagraph
(G)(i)(I), is a facility described in
subparagraph (G)(ii);
``(ii) is located in a rural area, as
defined in section 1886(d)(2)(D);
``(iii)(I) is located--
``(aa) in a county that has a
percentage of individuals with income
that is below 150 percent of the
poverty line that is higher than the
national or statewide average in 2021;
or
``(bb) in a health professional
shortage area (as defined in section
332(a)(1)(A) of the Public Health
Service Act); or
``(II) has a percentage of inpatient days
of individuals entitled to benefits under part
A of this title, enrolled under part B of this
title, or enrolled under a State plan under
title XIX that is higher than the national or
statewide average in 2020 or 2021;
``(iv) subject to subparagraph (G)(ii)(II),
has attested to the Secretary two consecutive
years of negative operating margins preceding
the date of certification described in
subparagraph (B)(i)(III); and
``(v) submits to the Secretary--
``(I) at such time and in such
manner as the Secretary may require, an
attestation outlining the good
governance qualifications and strategic
plan for multi-year financial solvency
of the hospital; and
``(II) not later than 120 days
after the date on which the Secretary
issues final regulations pursuant to
section 2(b) of the Rural Hospital
Closure Relief Act of 2023, an
application for certification of the
facility as a critical access hospital.
``(G) Limitation on certain designations.--
``(i) In general.--The Secretary may not
under subsection (e) certify pursuant to a
certification by a State under subparagraph
(B)(i)(III)--
``(I) more than a total of 175
facilities as critical access
hospitals, of which not more than 20
percent may be facilities described in
clause (ii); and
``(II) within any one State, more
than 10 facilities as critical access
hospitals.
``(ii) Facility described.--
``(I) In general.--A facility
described in this clause is a facility
that as of the date of enactment of
this subparagraph met the criteria for
designation as a critical access
hospital under subparagraph (B)(i)(I).
``(II) Nonapplication of certain
criteria.--For purposes of subparagraph
(B)(i)(III), the criteria described in
subparagraph (F)(iv) shall not apply
with respect to the designation of a
facility described in subclause (I).'';
and
(2) in subsection (e), by inserting ``, subject to
subsection (c)(2)(G),'' after ``The Secretary shall''.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
issue final regulations to carry out subsection (a).
(c) Clarification Regarding Facilities That Meet Distance or Other
Certification Criteria.--Nothing in this section shall affect the
application of criteria for designation as a critical access hospital
described in subclause (I) or (II) section 1820(c)(2)(B)(i) of the
Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(i)).
(d) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller General''),
in consultation with the Administrator of the Centers for
Medicare & Medicaid Services, shall conduct a study on the
implementation of the amendments made by subsection (a). Such
study shall include an analysis of--
(A) the characteristics of facilities designated as
critical access hospitals pursuant to section
1820(c)(2)(B)(i)(III) of the Social Security Act, as
added by subsection (a);
(B) the financial status and outlook for such
facilities based on their designation as a critical
access hospital pursuant to such section;
(C) any increase in expenditures under the Medicare
program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) as a result of such
designation, relative to the expected baseline
expenditures under the Medicare program if such
facilities had not received such designation; and
(D) whether the authority to designate facilities
as critical access hospitals pursuant to such section
1820(c)(2)(B)(i)(III) should be maintained as is,
modified in scale or scope, or sunset.
(2) Report.--Not later than 7 years after the date of the
enactment of this Act, 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.
(e) Guidance.--Not later than 2 years after the date on which the
Comptroller General submits the report to Congress under subsection
(d)(2), the Administrator of the Centers for Medicare & Medicaid
Services shall establish a mechanism and provide guidance and technical
assistance to facilities that have been designated as a critical access
hospital pursuant to section 1820(c)(2)(B)(i)(III) of the Social
Security Act, as added by subsection (a), on how such facilities may
consider transitioning to a different payment model under the Medicare
program.
<all>
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118S1572 | Depositor Protection Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1572 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1572
To amend the Federal Deposit Insurance Act to address transaction
account guarantees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Hagerty introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Deposit Insurance Act to address transaction
account guarantees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depositor Protection Act of 2023''.
SEC. 2. TRANSACTION ACCOUNT GUARANTEES.
(a) In General.--Section 11(a)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1821(a)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking ``The net amount'' and inserting
the following:
``(i) In general.--Subject to clause (ii),
the net amount''; and
(B) by adding at the end the following:
``(ii) Insurance for noninterest-bearing
transaction accounts.--
``(I) In general.--Notwithstanding
clause (i), and subject to subclause
(II) of this clause, the Corporation
shall insure the net amount, in an
amount that is not more than
$100,000,000, that any depositor at an
insured depository institution
maintains in a noninterest-bearing
transaction account. Such amount shall
not be taken into account when
computing the net amount due to such
depositor under clause (i).
``(II) Ability of certain insured
depository institutions to opt-out.--
``(aa) In general.--An
insured depository institution
that has less than
$250,000,000,000 in total
consolidated assets may elect
not to participate with respect
to the increased amount of
insurance made available under
subclause (I).
``(bb) Limitation on
assessment of fee.--The
Corporation may not assess a
fee on any insured depository
institution that elects not to
participate with respect to the
increased amount of insurance
made available under subclause
(I).
``(III) Definition.--In this
clause, the term `noninterest-bearing
transaction account' means a deposit or
account maintained at an insured
depository institution--
``(aa) with respect to
which interest is neither
accrued nor paid;
``(bb) on which the
depositor or account holder is
permitted to make withdrawals
by negotiable or transferable
instrument, payment orders of
withdrawal, telephone or other
electronic media transfers, or
other similar items for the
purpose of making payments or
transfers to third parties or
others; and
``(cc) on which the insured
depository institution does not
reserve the right to require
advance notice of an intended
withdrawal.''; and
(2) in subparagraph (C), by striking ``subparagraph (B)''
and inserting ``subparagraph (B)(i)''.
(b) Reversion.--On the date that is 2 years after the date of
enactment of this Act, section 11(a)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)(1)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Net amount of insured deposit.--The net
amount to any depositor at an insured depository
institution shall not exceed the standard maximum
deposit insurance amount as determined in accordance
with subparagraphs (C), (D), (E), and (F) and paragraph
(3).''; and
(2) in subparagraph (C), by striking ``subparagraph
(B)(i)'' and inserting ``subparagraph (B)''.
SEC. 3. RECIPROCAL DEPOSITS.
Section 29(i)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1831f(i)(1)) is amended--
(1) in subparagraph (A), by striking ``$5,000,000,000'' and
inserting ``$10,000,000,000''; and
(2) in subparagraph (B), by striking ``20 percent'' and
inserting ``25 percent''.
SEC. 4. ADJUSTED LEAST COST RESOLUTION.
Section 13(c)(4) of the Federal Deposit Insurance Act (12 U.S.C.
1823(c)(4)) is amended--
(1) by redesignating subparagraph (H) as subparagraph (I);
and
(2) by inserting after subparagraph (G) the following:
``(H) Non-systemic secondary cost to the deposit
insurance fund.--
``(i) Definitions.--In this subparagraph:
``(I) Large insured depository
institution.--The term `large insured
depository institution' means an
insured depository institution with
total consolidated assets of not less
than $100,000,000,000.
``(II) Non-systemic secondary cost
to the deposit insurance fund.--The
term `non-systemic secondary cost to
the Deposit Insurance Fund' means a
cost to the Deposit Insurance Fund
from--
``(aa) the appointment of
the Corporation as a receiver
for a second or additional
insured depository institution
as a direct and contemporaneous
result of the compliance by the
Corporation with subparagraphs
(A) and (E) with respect to a
large insured depository
institution, including the cost
of liquidating any such second
or additional insured
depository institution in
compliance with subparagraphs
(A) and (E);
``(bb) a reduction in the
price of an asset as a direct
and contemporaneous result of
the liquidation by the
Corporation of a large insured
depository institution in
compliance with subparagraphs
(A) and (E); or
``(cc) any other direct and
contemporaneous result of the
compliance by the Corporation
with subparagraphs (A) and (E)
with respect to a large insured
depository institution (other
than any such loss that arises
from serious adverse effects on
economic conditions or
financial stability within the
meaning of subparagraph (G)).
``(ii) Action permitted upon determination
by the board of directors.--
``(I) In general.--Notwithstanding
subparagraphs (A) and (E), if the Board
of Directors (upon a vote of not less
than two-thirds of the members of the
Board of Directors) makes a
determination described in subclause
(II), the Corporation may take action
or assistance under paragraph (2) for
the purpose of facilitating--
``(aa) a merger or
consolidation of the applicable
large insured depository
institution with another
insured depository institution;
``(bb) the sale of any or
all of the assets of the
applicable large insured
depository institution;
``(cc) the assumption of
any or all of the liabilities
of the applicable large insured
depository institution by
another insured depository
institution; or
``(dd) the acquisition of
the stock of the applicable
large insured depository
institution.
``(II) Determination described.--A
determination described in this
subclause is a determination that--
``(aa) the compliance by
the Corporation with
subparagraphs (A) and (E) with
respect to a large insured
depository institution for
which the Corporation has been
appointed receiver would result
in a non-systemic secondary
cost to the Deposit Insurance
Fund; and
``(bb) any action or
assistance under this
subparagraph would avoid or
mitigate the non-systemic
secondary cost to the Deposit
Insurance Fund described in
item (aa).
``(iii) Adjusted least-cost resolution
requirement.--The Corporation may not take any
action or provide any assistance under this
subparagraph unless the total amount of the
expenditures by the Corporation and obligations
incurred by the Corporation (including any
immediate and long-term obligation of the
Corporation and any direct or contingent
liability for future payment by the
Corporation) in connection with the taking of
that action or provision of that assistance
with respect to an insured depository
institution is the least costly to the Deposit
Insurance Fund, taking into account the non-
systemic secondary costs to the Deposit
Insurance Fund that would result without the
taking of that action or the provision of that
assistance, of all possible methods for meeting
the obligations of the Corporation under this
section.
``(iv) Documentation required.--The
Chairperson of the Board of Directors shall--
``(I) document any determination
under clause (ii); and
``(II) retain the documentation for
review under clause (v).
``(v) GAO review.--The Comptroller General
of the United States shall review and report to
Congress on any determination under clause
(ii), including--
``(I) the basis for the
determination;
``(II) the purpose for which any
action was taken pursuant to such
clause; and
``(III) the likely effect of the
determination and such action on the
incentives and conduct of insured
depository institutions and uninsured
depositors.
``(vi) Notice.--
``(I) In general.--Not later than 3
days after making a determination under
clause (ii), the Secretary of the
Treasury shall provide written notice
of any determination under clause (ii)
to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the
Committee on Financial Services of the
House of Representatives.
``(II) Description of basis of
determination.--The notice under
subclause (I) shall include a
description of the basis for any
determination under clause (ii).''.
SEC. 5. ACQUISITIONS OF DISTRESSED BANKS.
(a) Definitions.--In this section:
(1) Appropriate federal banking agency; insured bank.--The
terms ``appropriate Federal banking agency'' and ``insured
bank'' have the meanings given the terms in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
(2) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(3) Bank holding company; control; subsidiary.--The terms
``bank holding company'', ``control'', and ``subsidiary'' have
the meanings given the terms in section 2 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841).
(4) Covered entity.--The term ``covered entity'' means--
(A) after a transaction described in subsection
(b)(1)(A), the bank holding company of which the
applicable distressed insured bank has become a
subsidiary;
(B) after a transaction described in subsection
(b)(1)(B), the bank holding company that has acquired
the direct or indirect ownership or control described
in that provision; and
(C) after a merger or consolidation described in
subsection (b)(1)(C), the bank holding company that
results because of that merger or consolidation.
(5) Distressed insured bank.--The term ``distressed insured
bank'' means an insured bank that has a class of equity
securities, or is controlled, directly or indirectly, by a
company that has a class of equity securities--
(A) registered pursuant to section 12(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(b)); and
(B) the price of which on a national securities
exchange has declined not less than 20 percent at any
time on or after March 1, 2023, as compared with the
highest price of those securities on that exchange on
or after March 1, 2023.
(6) Equity security; exchange.--The terms ``equity
security'' and ``exchange'' have the meanings given the terms
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(7) National securities exchange.--The term ``national
securities exchange'' means an exchange that is registered in
accordance with section 6 of the Securities Exchange Act of
1934 (15 U.S.C. 78f).
(8) Total consolidated assets.--The term ``total
consolidated assets'' means, with respect to an entity, the
total consolidated assets of that entity, as determined
pursuant to the instructions of Form FR Y-9C of the Board.
(b) Temporary Waiver of Regulatory Approvals for Acquisitions of
Distressed Banks.--
(1) In general.--Subject to paragraphs (2) and (3), except
as provided in paragraph (4), and notwithstanding any
requirement or restriction relating to notification, approval,
or other matter under section 3 or 4 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1842, 1843), section 7(j) or
18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j),
1828(c)), or any other Federal or State law, after written
notice to the Board--
(A) a distressed insured bank may become a
subsidiary of a bank holding company;
(B) a bank holding company may acquire direct or
indirect ownership or control of any voting shares of
any distressed insured bank or any company that
controls a distressed insured bank; and
(C) a bank holding company may merge or consolidate
with a bank holding company that has a subsidiary that
is a distressed insured bank.
(2) Conditions.--Paragraph (1) shall apply only if--
(A) after the applicable transaction or other
action under that paragraph--
(i) the applicable covered entity would
meet the required capital levels for well
capitalized bank holding companies established
by the Board; or
(ii) in the case of a transaction or other
action described in subparagraph (A) or (B) of
that paragraph, the total consolidated assets
of the applicable covered entity would be not
more than 2 times the amount of the total
consolidated assets (as measured immediately
before the transaction or other action) of--
(I) in the case of an action
described in subparagraph (A) of that
paragraph, the bank holding company of
which the distressed insured bank is
becoming a subsidiary as a result of
that action; or
(II) in the case of an acquisition
described in subparagraph (B) of that
paragraph, the bank holding company
that is acquiring direct or indirect
ownership or control of any voting
shares of the distressed insured bank
or the company that controls a
distressed insured bank; and
(B) each insured bank controlled by the applicable
covered entity--
(i) has a composite rating, as determined
by the appropriate Federal banking agency in
the most recent report of examination of the
applicable insured bank, of 1 or 2 under the
Uniform Financial Institution Rating System;
and
(ii) has been assigned by the appropriate
Federal banking agency a rating of
``outstanding'' or ``satisfactory'' in the most
recent Community Reinvestment Act examination
of the applicable insured bank.
(3) Expiration.--A transaction or other action to which
paragraph (1) applies shall be consummated not later than 90
days after the date of enactment of this Act.
(4) Exceptions.--Paragraph (1) shall not apply to--
(A) any action that would cause a distressed
insured bank to become a subsidiary of an insured bank;
(B) any acquisition of direct or indirect ownership
or control by an insured bank of any voting shares of
any distressed insured bank or any company that
controls a distressed insured bank; or
(C) any merger, consolidation, acquisition of
assets, or other acquisition of control, of another
company that would be subject to section 14 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1852).
(c) No Premerger Notification and Waiting Period.--A transaction
under subsection (b) shall be exempt from the requirements of section
7A of the Clayton Act (15 U.S.C. 18a).
<all>
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118S1573 | PREEMIE Reauthorization Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1573 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1573
To reauthorize the Prematurity Research Expansion and Education for
Mothers who deliver Infants Early Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Bennet (for himself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reauthorize the Prematurity Research Expansion and Education for
Mothers who deliver Infants Early 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 ``PREEMIE Reauthorization Act of
2023''.
SEC. 2. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE,
TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT
INFANTS.
(a) In General.--Section 3(e) of the Prematurity Research Expansion
and Education for Mothers who deliver Infants Early Act (42 U.S.C.
247b-4f(e)) is amended by striking ``fiscal years 2019 through 2023''
and inserting ``fiscal years 2024 through 2028''.
(b) Technical Correction.--Effective as if included in the
enactment of the PREEMIE Reauthorization Act of 2018 (Public Law 115-
328; 132 Stat. 4471), section 2 of such Act is amended, in the matter
preceding paragraph (1), by striking ``Section 2'' and inserting
``Section 3''.
SEC. 3. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES.
Section 399Q of the Public Health Service Act (42 U.S.C. 280g-5) is
amended--
(1) in subsection (b)(1)(D)--
(A) by redesignating clauses (vi) and (vii) as
clauses (vii) and (viii), respectively; and
(B) by inserting after clause (v) the following:
``(vi) screening for and treatment of
chronic conditions;''; and
(2) in subsection (c), by striking ``fiscal years 2014
through 2018'' and inserting ``fiscal years 2024 through
2028''.
SEC. 4. INTERAGENCY WORKING GROUP.
Section 5(a) of the PREEMIE Reauthorization Act of 2018 (Public Law
115-328; 132 Stat. 4473) is amended by striking ``The Secretary of
Health and Human Services, in collaboration with other departments, as
appropriate, may establish'' and inserting ``Not later than 18 months
after the date of the enactment of the PREEMIE Reauthorization Act of
2023, the Secretary of Health and Human Services, in collaboration with
other departments, as appropriate, shall establish''.
SEC. 5. STUDY ON PRETERM BIRTHS.
(a) In General.--The Secretary of Health and Human Services shall
enter into appropriate arrangements with the National Academies of
Sciences, Engineering, and Medicine under which the National Academies
shall--
(1) not later than 30 days after the date of enactment of
this Act, convene a committee of experts in maternal health to
study premature births in the United States; and
(2) upon completion of the study under paragraph (1)--
(A) approve by consensus a report on the results of
such study;
(B) include in such report--
(i) an assessment of each of the topics
listed in subsection (b);
(ii) the analysis required by subsection
(c); and
(iii) the raw data used to develop such
report; and
(C) not later than 24 months after the date of
enactment of this Act, transmit such report to--
(i) the Secretary of Health and Human
Services;
(ii) the Committee on Energy and Commerce
of the House of Representatives; and
(iii) the Committee on Finance and the
Committee on Health, Education, Labor, and
Pensions of the Senate.
(b) Assessment Topics.--The topics listed in this subsection are of
each of the following:
(1) The financial costs of premature birth to society,
including--
(A) an analysis of stays in neonatal intensive care
units and the cost of such stays;
(B) long-term costs of stays in such units to
society and the family involved post-discharge; and
(C) health care costs for families post-discharge
from such units (such as medications, therapeutic
services, co-pays visits and specialty equipment).
(2) The factors that impact pre-term birth rates.
(3) Gaps in public health programs that have caused
increases in premature birth, including--
(A) gaps in the detection of premature birth risk
factors;
(B) gaps in information from States on pre-term
birth; and
(C) gaps in support and resources for parents
provided in-hospital, in non-hospital settings, and
post-discharge.
(c) Analysis.--The analysis required by this subsection is an
analysis of--
(1) targeted research strategies to develop effective
drugs, treatments, or interventions to bring at-risk
pregnancies to term;
(2) State and other programs' best practices with respect
to reducing premature birth rates;
(3) opportunities to address developmental origins of
health with respect to premature birth rates; and
(4) precision medicine and preventative care approaches
starting early in the life course (including during pregnancy)
with a focus on behavioral and biological influences on
premature birth, child health, and the trajectory of such
approaches into adulthood.
<all>
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118S1574 | Mental Health Excellence in Schools Act | [
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
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[
"Y000064",
"Sen. Young, Todd [R-IN]",
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[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1574 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1574
To establish the Mental Health Excellence in Schools Program to
increase the recruitment and retention of school-based mental health
services providers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mrs. Shaheen (for herself, Mr. Young, 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 establish the Mental Health Excellence in Schools Program to
increase the recruitment and retention of school-based mental health
services providers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Excellence in Schools
Act''.
SEC. 2. PROGRAM TO ESTABLISH PUBLIC-PRIVATE CONTRIBUTIONS TO INCREASE
THE AVAILABLE WORKFORCE OF SCHOOL-BASED MENTAL HEALTH
SERVICE PROVIDERS.
(a) Program Authorized.--The Secretary shall carry out a program
under which eligible graduate institutions may enter into an agreement
with the Secretary to cover a portion of the cost of attendance of a
participating student, which contributions shall be matched by
equivalent contributions towards such cost of attendance by the
Secretary.
(b) Designation of Program.--The program under this section shall
be known as the ``Mental Health Excellence in Schools Program''.
(c) Agreements.--The Secretary shall enter into an agreement with
each eligible graduate institution seeking to participate in the
program under this section. Each agreement shall specify the following:
(1) The manner (whether by direct grant, scholarship, or
otherwise) in which the eligible graduate institution will
contribute to the cost of attendance of a participating
student.
(2) The maximum amount of the contribution to be made by
the eligible graduate institution with respect to any
particular participating student in any given academic year.
(3) The maximum number of individuals for whom the eligible
graduate institution will make contributions in any given
academic year.
(4) That the eligible graduate institution, in selecting
participating students to receive assistance under the program,
shall prioritize the participating students described in
subsection (d)(2).
(5) Such other matters as the Secretary and the eligible
graduate institution determine appropriate.
(d) Outreach.--The Secretary shall--
(1) make publicly available and periodically update on the
internet website of the Department of Education a list of the
eligible graduate institutions participating in the program
under this section that shall specify, for each such graduate
institution, appropriate information on the agreement between
the Secretary and such eligible graduate institution under
subsection (c); and
(2) conduct outreach about the program under this section
to participating students who, as undergraduates--
(A) received a Federal Pell Grant under section 401
of the Higher Education Act of 1965 (20 U.S.C. 1070a);
or
(B) attended an institution listed in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Matching Contributions.--The Secretary may provide a
contribution of up to 50 percent of the cost of attendance of a
participating student if the eligible graduate institution at which
such student is enrolled enters into an agreement under subsection (c)
with the Secretary to match such contribution.
(f) Monitoring and Evaluation.--As a condition of participation in
the program under this section, each eligible graduate institution
shall agree to submit an annual report to the Secretary describing--
(1) the number of students served by the program;
(2) the percentage of tuition cost covered by the program;
(3) the number of participating students who were also
recipients of a Federal Pell grant; and
(4) as applicable, the graduation rates and post-graduate
employment of participating students.
(g) Interim Report.--Not later than 2 years after the first
contributions are provided under this section, the Secretary shall
submit an interim report to Congress based on the annual reports
required by subsection (f).
(h) Independent National Evaluation.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall provide for the
commencement of an independent national evaluation of the
outcomes and effectiveness of the program under this section.
(2) Report to congress.--Not later than 90 days after
receiving the results of such independent national evaluation,
the Secretary shall submit a report to Congress containing the
findings of the evaluation and the Secretary's recommendations
for improvements to the program.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act--
(1) $20,000,000 for fiscal year 2024;
(2) $30,000,000 for fiscal year 2025; and
(3) $50,000,000 for each of the fiscal years 2026 through
2028.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cost of attendance.--The term ``cost of attendance''
has the meaning given the term in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
(2) Eligible graduate institution.--The term ``eligible
graduate institution'' means an institution of higher education
that offers a program of study that leads to a graduate
degree--
(A) in school psychology that is accredited or
approved by the National Association of School
Psychologists' Program Accreditation Board or the
Commission on Accreditation of the American
Psychological Association and that prepares students in
such program for the State licensing or certification
examination in school psychology at the specialist
level;
(B) in an accredited school counseling program that
prepares students in such program for the State
licensing or certification examination in school
counseling;
(C) in school social work that is accredited by the
Council on Social Work Education and that prepares
students in such program for the State licensing or
certification examination in school social work;
(D) in another school-based mental health field
that prepares students in such program for the State
licensing or certification examination in such field,
if applicable; or
(E) in any combination of study described in
subparagraphs (A) through (D).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Participating student.--The term ``participating
student'' means an individual who is enrolled in a graduate
degree program in a school-based mental health field at a
participating eligible graduate institution.
(5) School-based mental health field.--The term ``school-
based mental health field'' means each of the following fields:
(A) School counseling.
(B) School social work.
(C) School psychology.
(D) Any other field of study that leads to
employment as a school-based mental health services
provider, as determined by the Secretary.
(6) School-based mental health services provider.--The term
``school-based mental health services provider'' has the
meaning given the term in section 4102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7112).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
<all>
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118S1575 | Colorado Judgeship Act | [
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"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
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[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1575 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1575
To authorize additional district judgeships for the district of
Colorado, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To authorize additional district judgeships for the district of
Colorado, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorado Judgeship Act''.
SEC. 2. ADDITIONAL DISTRICT JUDGESHIPS FOR THE DISTRICT OF COLORADO.
(a) Additional District Judgeships.--The President shall appoint,
by and with the advice and consent of the Senate, 3 additional district
judges for the district of Colorado.
(b) Technical and Conforming Amendment.--The table in section
133(a) of title 28, United States Code, is amended by striking the item
relating to Colorado and inserting the following:
``Colorado................................................. 10''.
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118S1576 | CREST Act of 2023 | [
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"sponsor"
],
[
"C000127",
"Sen. Cantwell, Maria [D-WA]",
"cosponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1576 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1576
To provide for advancements in carbon removal research, quantification,
and commercialization, including by harnessing natural processes, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Collins (for herself, Ms. Cantwell, Mr. Cassidy, Mr. King, and Mr.
Coons) introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for advancements in carbon removal research, quantification,
and commercialization, including by harnessing natural processes, and
for other 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 ``Carbon Removal and
Emissions Storage Technologies Act of 2023'' or the ``CREST Act of
2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CARBON REMOVAL RESEARCH AND DEVELOPMENT
Subtitle A--Biomass Carbon Removal
Sec. 101. Biomass carbon removal programs.
Sec. 102. Biological carbon dioxide conversion programs.
Subtitle B--Geological Carbon Removal
Sec. 111. Carbon mineralization pilot projects.
Sec. 112. Carbon mineralization resource assessment.
Sec. 113. Tailings and waste mineralization program.
Subtitle C--Aquatic Carbon Removal
Sec. 121. Ocean carbon removal mission.
Sec. 122. Direct ocean capture assessment.
Sec. 123. Offshore carbon storage program and assessment.
Subtitle D--Atmospheric Carbon Removal
Sec. 131. Direct air capture technology manufacturing research program.
Subtitle E--Carbon Removal Quantification
Sec. 141. Carbon removal quantification.
TITLE II--CARBON REMOVAL PURCHASING PILOT PROGRAM
Sec. 201. Carbon removal purchasing pilot program.
SEC. 2. DEFINITIONS.
In this Act:
(1) Carbon removal.--The term ``carbon removal'' means the
intentional removal, including by harnessing natural processes,
of carbon dioxide directly from the atmosphere or upper
hydrosphere and subsequent storage of the carbon dioxide in
geological, biobased, or ocean reservoirs or in value-added
products that results in a net removal of carbon dioxide from
the atmosphere, as measured on a lifecycle basis.
(2) Carbon removal technology or approach.--The term
``carbon removal technology or approach'' includes--
(A) direct air capture with durable storage;
(B) soil carbon sequestration;
(C) biomass carbon removal and storage;
(D) enhanced mineralization;
(E) ocean-based carbon dioxide removal; and
(F) afforestation or reforestation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--CARBON REMOVAL RESEARCH AND DEVELOPMENT
Subtitle A--Biomass Carbon Removal
SEC. 101. BIOMASS CARBON REMOVAL PROGRAMS.
(a) Office of Science.--Section 306 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18644) is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following:
``(k) Algal Biomass Carbon Removal.--
``(1) In general.--The Director shall carry out a research
and development program to gain understanding of the underlying
biology of algal biomass systems and the possible use of algal
biomass systems as a means of carbon removal (as defined in
section 2 of the Carbon Removal and Emissions Storage
Technologies Act of 2023) from the air and aquatic sources.
``(2) Requirements.--The program carried out under
paragraph (1) shall--
``(A) support efforts to reduce long-term technical
barriers for algal biomass with carbon capture; and
``(B) coordinate closely with the Bioenergy
Technologies Office and the Office of Fossil Energy and
Carbon Management.''.
(b) Office of Energy Efficiency and Renewable Energy.--Section 932
of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) biological carbon removal (as defined in section 2 of
the Carbon Removal and Emissions Storage Technologies Act of
2023).''; and
(2) by inserting after subsection (e) the following:
``(f) Biological Carbon Removal.--
``(1) Definition of carbon removal.--In this subsection,
the term `carbon removal' has the meaning given the term in
section 2 of the Carbon Removal and Emissions Storage
Technologies Act of 2023.
``(2) Goals.--The goals of the biological carbon removal
program under subsection (b)(7) shall be to develop and deploy,
in partnership with industry and institutions of higher
education--
``(A) improved tools and understanding of
feedstocks, supplies, and logistics with respect to
carbon removal using biomass sources;
``(B) technologies for the optimized conversion of
aquatic and terrestrial biomass for carbon removal;
``(C) cost-competitive carbon capture technologies
applied to bioenergy, including--
``(i) algal, terrestrial, and marine
biomass;
``(ii) biofuels; and
``(iii) bioproducts; and
``(D) applied research on best practices in
macroalgae cultivation and phenotype selection,
including by carrying out aquatic pilot projects.
``(3) Coordination.--Activities conducted under this
subsection shall be coordinated with the relevant programs of
the Office of Science, the Office of Fossil Energy and Carbon
Management, and the Department of Agriculture.''.
(c) Office of Fossil Energy and Carbon Management.--Section 962(b)
of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)) is amended--
(1) in paragraph (1), by striking ``performance of'' and
all that follows through the period at the end and inserting
the following: ``performance of--
``(A) coal and natural gas use;
``(B) biomass with carbon capture for utilization
or permanent storage; and
``(C) manufacturing and industrial facilities.'';
and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (v), by striking ``and''
after the semicolon;
(ii) in clause (vi), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(vii) developing advanced boilers to
enable net-negative lifecycle carbon emissions
through co-firing with biomass.''; and
(B) by adding at the end the following:
``(G) Developing carbon capture technologies
applied to bioenergy systems that result in net-
negative lifecycle carbon emissions, including--
``(i) biofuels production;
``(ii) bioproducts;
``(iii) biomass used in power systems and
industrial applications; and
``(iv) fossil fuel power systems and
industrial systems co-fired with biomass.''.
(d) Office of Energy Efficiency and Renewable Energy.--
(1) In general.--The Energy Independence and Security Act
of 2007 (42 U.S.C. 17001 et seq.) is amended by striking
section 228 (121 Stat. 1535) and inserting the following:
``SEC. 228. AQUATIC BIOMASS.
``(a) In General.--The Director of the Bioenergy Technologies
Office shall carry out applied research on--
``(1) microalgae and macroalgae cultivation and phenotype
selection; and
``(2) optimization of aquatic biomass conversion pathways.
``(b) Requirements.--The research carried out under subsection (a)
shall support efforts--
``(1) to develop best practices in microalgae and
macroalgae cultivation and phenotype selection, including by
carrying out aquatic pilot projects--
``(A) on microalgae and macroalgae; and
``(B) in freshwater and seawater; and
``(2) to optimize aquatic biomass conversion pathways that
result in carbon removal (as defined in section 2 of the Carbon
Removal and Emissions Storage Technologies Act of 2023) for
biopower, biofuels, and other uses.
``(c) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
``(1) $3,000,000 for fiscal year 2024;
``(2) $8,000,000 for fiscal year 2025; and
``(3) $20,000,000 for each of fiscal years 2026 through
2028.''.
(2) Clerical amendment.--The table of contents for the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1493) is amended by striking the item relating
to section 228 and inserting the following:
``Sec. 228. Aquatic biomass.''.
SEC. 102. BIOLOGICAL CARBON DIOXIDE CONVERSION PROGRAMS.
(a) In General.--The Energy Policy Act of 2005 is amended by
inserting after section 977 (42 U.S.C. 16317) the following:
``SEC. 977A. BIOLOGICAL CARBON DIOXIDE CONVERSION PROGRAMS.
``(a) Genetic Modeling and Tools; Bioprospecting.--
``(1) In general.--The Director of the Office of Science
shall establish a program to improve genetic modeling and
manipulation for carbon dioxide conversion.
``(2) Methodology.--The program established under paragraph
(1) shall--
``(A) support efforts to improve carbon dioxide
uptake and conversion through genetic manipulation of
crops and trees, including--
``(i) soil enhancements;
``(ii) enhanced photosynthesis, including
microbial soil amendments and perennialization;
and
``(iii) root growth; and
``(B) support efforts to bioprospect using tools
and high-throughput screening methods for organisms
with unique attributes related to carbon dioxide
conversion.
``(3) Coordination.--In carrying out the program
established under paragraph (1), the Director of the Office of
Science shall coordinate with the National Science Foundation
and the Agricultural Research Service.
``(b) New Materials Development and Application.--
``(1) Definition of carbon removal.--In this subsection,
the term `carbon removal' has the meaning given the term in
section 2 of the Carbon Removal and Emissions Storage
Technologies Act of 2023.
``(2) Program.--The Assistant Secretary for Energy
Efficiency and Renewable Energy, in consultation with the
Secretary of Agriculture, shall establish a program to develop
new biologically based carbon dioxide utilization products and
coproducts that result in carbon removal.
``(3) Methodology.--The program established under paragraph
(2) shall--
``(A) support efforts to develop new carbon dioxide
utilization products that result in carbon removal;
``(B) prioritize products that have the potential
to be deployed at a large scale; and
``(C) support efforts to develop valorization of
coproducts for--
``(i) feed;
``(ii) fuel; and
``(iii) other uses.''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
inserting after the item relating to section 977 the following:
``Sec. 977A. Biological carbon dioxide conversion programs.''.
Subtitle B--Geological Carbon Removal
SEC. 111. CARBON MINERALIZATION PILOT PROJECTS.
(a) In General.--The Energy Policy Act of 2005 is amended by
inserting after section 963 (42 U.S.C. 16293) the following:
``SEC. 963A. CARBON MINERALIZATION PILOT PROJECTS.
``(a) In General.--The Secretary, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration
and the Director of the United States Geological Survey, shall conduct
field experiments of ex situ and in situ carbon mineralization
approaches for the purposes of advancing carbon removal technologies or
approaches (as defined in section 2 of the Carbon Removal and Emissions
Storage Technologies Act of 2023).
``(b) Activities.--In carrying out subsection (a), the Secretary
shall--
``(1) conduct field experiments of ex situ carbon
mineralization--
``(A) using desalination brine treatment; and
``(B) through the broadcast of reactive minerals
on--
``(i) soils;
``(ii) beaches; and
``(iii) shallow oceans; and
``(2) conduct field experiments of in situ carbon
mineralization, including through drilling and injection in
reactive formations for--
``(A) mantle peridotite;
``(B) basalt; and
``(C) other relevant formations.
``(c) Field Experiment Goals and Objectives.--The Secretary shall
develop goals and objectives for field experiments carried out under
this section to decrease the energy requirements and costs to produce
the resulting mineralized carbon.
``(d) Environmental Impact.--In carrying out field experiments
under this section, the Secretary shall comply with all applicable
environmental laws and regulations.
``(e) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
``(1) $4,000,000 for fiscal year 2024;
``(2) $9,000,000 for fiscal year 2025;
``(3) $18,000,000 for fiscal year 2026; and
``(4) $30,000,000 for each of fiscal years 2027 and
2028.''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
inserting after the item relating to section 963 the following:
``Sec. 963A. Carbon mineralization pilot projects.''.
SEC. 112. CARBON MINERALIZATION RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall complete a national assessment of
the potential for using carbon mineralization for carbon removal, in
accordance with the methodology developed under subsection (b).
(b) Methodology.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the Director of
the United States Geological Survey, shall develop a methodology to
assess geological resources, mine tailings, and other alkaline
industrial wastes to identify sustainable sources of reactive minerals
suitable for carbon mineralization, while taking into consideration
minerals and mineral classes with high reactivity and fast kinetics.
(c) Coordination.--
(1) Federal coordination.--To ensure the maximum usefulness
and success of the assessment under subsection (a), the
Secretary shall--
(A) consult with the Secretary of Energy and the
Administrator of the Environmental Protection Agency on
the format and content of the assessment; and
(B) share relevant data with the Department of
Energy and the Environmental Protection Agency.
(2) State coordination.--The Secretary shall consult with
State geological surveys and other relevant entities to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment under subsection (a).
(d) Report.--
(1) In general.--Not later than 180 days after the date on
which the assessment under subsection (a) is completed, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report describing the
findings under the assessment, including the locations and
available quantities of suitable reactive minerals.
(2) Public availability.--Not later than 30 days after the
date on which the Secretary submits the report under paragraph
(1), the Secretary shall make the report publicly available.
SEC. 113. TAILINGS AND WASTE MINERALIZATION PROGRAM.
(a) Tailings and Waste Mineralization Program.--
(1) In general.--The Secretary shall conduct field
experiments to examine the use of mine tailings and industrial
wastes for the purpose of carbon mineralization.
(2) Activities.--The field experiments using mine tailings
and industrial wastes conducted under paragraph (1) shall
assess--
(A) the reusing of industrial slags and mine
tailings in manufacturing; and
(B) other industrial wastes that may have carbon
mineralization properties.
(b) Study on Environmental Impacts of Mineralization Products.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall conduct, and submit
to Congress a report that describes the results of, a study on
the environmental impacts of--
(A) broadcasting materials and distributing piles
of mine tailings at various scales for the purposes of
enhanced carbon mineralization; and
(B) additional mining for the purposes of carbon
mineralization.
(2) Requirements.--The study under paragraph (1) shall
include an analysis of--
(A) the relative carbon removal potential
associated with various scales of carbon
mineralization;
(B) the cost of environmental mitigation of the
environmental impacts identified under the study; and
(C) opportunities--
(i) for remediation;
(ii) to co-extract reactive minerals with
conventional mining operations; and
(iii) for the use of reactive minerals in
mining remediation.
Subtitle C--Aquatic Carbon Removal
SEC. 121. OCEAN CARBON REMOVAL MISSION.
Section 969D of the Energy Policy Act of 2005 (42 U.S.C. 16298d) is
amended--
(1) in subsection (a) by inserting ``and aquatic sources''
after ``atmosphere''; and
(2) in subsection (c)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(7) ocean carbon removal and strategies, such as--
``(A) blue carbon, which is the management of
vegetated coastal habitats (including mangroves, tidal
marshes, seagrasses, kelp forests, and other tidal,
freshwater, or saltwater wetlands) that sequester
carbon (including autochthonous carbon and
allochthonous carbon) from the atmosphere, accumulate
carbon in biomass, and store the carbon in soils;
``(B) direct ocean capture (as described in section
122(a) of the Carbon Removal and Emissions Storage
Technologies Act of 2023);
``(C) microalgae and macroalgae cultivation for--
``(i) biofuels;
``(ii) bioproducts; and
``(iii) carbon storage; and
``(D) ocean alkalinity enhancement; and
``(8) any combination of activities described in paragraphs
(1) through (7) that have the potential for significant carbon
removal (as defined in section 2 of the Carbon Removal and
Emissions Storage Technologies Act of 2023).''.
SEC. 122. DIRECT OCEAN CAPTURE ASSESSMENT.
(a) In General.--The Secretary shall conduct a comprehensive
assessment of the potential for removing carbon dioxide directly from
the oceans.
(b) Methodology.--In conducting the assessment under subsection
(a), the Secretary shall consider the potential and relative merits
of--
(1) pathways, methods, and technologies that are able to
directly remove carbon dioxide from the oceans through
engineered or inorganic processes; and
(2) technologies such as filters, membranes, phase change
systems, chemical conversion, or other technological pathways.
(c) Inclusion.--In conducting the assessment under subsection (a),
the Secretary shall incorporate any information on the results of
activities conducted under section 223 of the National Defense
Authorization Act for Fiscal Year 2020 (10 U.S.C. 4001 note; Public Law
116-92).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the Administrator of the
National Oceanic and Atmospheric Administration, shall submit to the
Committees on Energy and Natural Resources and Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report describing the results of the
assessment under subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2024;
(2) $4,000,000 for fiscal year 2025; and
(3) $8,000,000 for each of fiscal years 2026 through 2028.
SEC. 123. OFFSHORE CARBON STORAGE PROGRAM AND ASSESSMENT.
(a) Carbon Dioxide Impacts and Fate in the Ocean.--
(1) In general.--The Department of Energy Carbon Capture
and Sequestration Research, Development, and Demonstration Act
of 2007 (Public Law 110-140; 121 Stat. 1704) is amended by
adding at the end the following:
``SEC. 709. CARBON DIOXIDE IMPACTS AND FATE IN THE OCEAN.
``(a) In General.--The Secretary shall establish a program to
monitor, research, and model the ecological impacts of ocean carbon
dioxide removal and storage techniques.
``(b) Coordination.--In carrying out the program established under
subsection (a), the Secretary shall coordinate with the Administrator
of the National Oceanic and Atmospheric Administration and the
Administrator of the National Aeronautics and Space Administration.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $2,000,000 for fiscal year 2024; and
``(2) $5,000,000 for each of fiscal years 2025 through
2028.''.
(2) Clerical amendment.--The table of contents for the
Energy Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1496) is amended by inserting after the item
relating to section 708 the following:
``Sec. 709. Carbon dioxide impacts and fate in the ocean.''.
(b) Outer Continental Shelf Resource Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) expand the CarbonSAFE Initiative of the
Department of Energy to complete a national carbon
mineralization assessment that examines the full range
of carbon mineralization storage potential for the
outer Continental Shelf region; and
(B) submit to the Committees on Energy and Natural
Resources and Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report describing the
results of the assessment.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $5,000,000 for each of fiscal years 2024 through
2028.
(c) Assessment To Determine the Potential for Offshore Carbon
Storage.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, the Administrator of the
Environmental Protection Agency, and the Administrator of the
National Oceanic and Atmospheric Administration, shall conduct
a comprehensive assessment of the potential for offshore carbon
storage, including an assessment of--
(A) the potential for offshore carbon storage--
(i) in deep offshore sub-seabed locations,
such as in geological formations;
(ii) at the seabed, such as through biomass
sinking; and
(iii) within the oceans, such as liquid
carbon dioxide storage; and
(B) other relevant methods of offshore carbon
storage.
(2) Inclusion.--The assessment under paragraph (1) shall
include recommendations of measures that the Department of
Energy may take to improve the ease, safety, and security of
offshore carbon dioxide storage.
(3) Reporting.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Energy and Natural Resources and Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
describing the results of the assessment under paragraph (1).
Subtitle D--Atmospheric Carbon Removal
SEC. 131. DIRECT AIR CAPTURE TECHNOLOGY MANUFACTURING RESEARCH PROGRAM.
(a) Initiative.--
(1) In general.--The Secretary shall establish a program
for the research, development, and demonstration of
manufacturing techniques for direct air capture technologies
(referred to in this section as the ``program'').
(2) Coordination.--In carrying out the program, the
Secretary shall leverage expertise and resources from--
(A) the Office of Science;
(B) the Office of Energy Efficiency and Renewable
Energy; and
(C) the Office of Fossil Energy and Carbon
Management.
(b) Contactor Design.--
(1) In general.--In carrying out the program, the Secretary
shall conduct research on applied technology development of air
contactor design.
(2) Requirements.--The research under paragraph (1) shall
support efforts to improve air contactors with--
(A) low pressure drop;
(B) high surface area; and
(C) high longevity.
(c) Manufacturing Improvement.--
(1) In general.--In carrying out the program, the Secretary
shall conduct research scaling-up manufacturing of direct air
capture components.
(2) Requirements.--The research under paragraph (1) shall--
(A) support efforts to improve techniques for low-
cost manufacturing of direct air capture components and
materials; and
(B) be coordinated with private industry and
universities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) to carry out subsection (b)--
(A) $3,000,000 for fiscal year 2024;
(B) $7,000,000 for fiscal year 2025; and
(C) $10,000,000 for each of fiscal years 2026
through 2028; and
(2) to carry out subsection (c)--
(A) $2,000,000 for fiscal year 2024;
(B) $5,000,000 for fiscal year 2025; and
(C) $10,000,000 for each of fiscal years 2026
through 2028.
Subtitle E--Carbon Removal Quantification
SEC. 141. CARBON REMOVAL QUANTIFICATION.
(a) In General.--Title V of the Energy Act of 2020 (42 U.S.C.
16298e et seq.) is amended by adding at the end the following:
``SEC. 5003. QUANTIFYING THE BENEFITS OF CARBON REMOVAL.
``(a) Purposes.--The purposes of this section are--
``(1) to quantify the net carbon removed through
atmospheric and aquatic carbon removal pathways;
``(2) to determine the current and projected carbon removal
capacity of atmospheric and aquatic carbon removal pathways;
``(3) to determine the current and likely future technical
readiness of carbon removal technologies or approaches for
large-scale carbon removal deployment; and
``(4) to aid in the commercialization of carbon removal
technologies or approaches.
``(b) Definitions.--In this section:
``(1) Carbon removal; carbon removal technology or
approach.--The terms `carbon removal' and `carbon removal
technology or approach' have the meanings given the terms in
section 2 of the Carbon Removal and Emissions Storage
Technologies Act of 2023.
``(2) Eligible entity.--The term `eligible entity' means
any of the following entities:
``(A) An institution of higher education.
``(B) A National Laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity.
``(G) A consortium of 2 or more entities described
in subparagraphs (A) through (F).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(c) Carbon Removal Footprint Program.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary shall establish a
program to carry out the purposes described in subsection (a),
including by providing financial assistance to eligible
entities to examine the technological, economic, and
environmental impacts of carbon removal pathways and
technologies.
``(2) Eligible activities.--Activities eligible to receive
financial assistance under this section include--
``(A) assessments of technological or economic
barriers to the widescale deployment of carbon removal
pathways and technologies; and
``(B) lifecycle assessments for carbon removal
pathways and technologies, including gathering data in
partnership with a direct air capture test center
authorized under section 969D(f)(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16298d(f)(1)).
``(3) Applications.--An eligible entity seeking financial
assistance under this section shall submit to the Secretary an
application that includes a description of--
``(A) the applicable project;
``(B) the software programs, consultants, and
general methodologies to be used to conduct the
assessment;
``(C) the location of any applicable facility or
project;
``(D) expected feedstocks and other inputs; and
``(E) the expected use of carbon removed.
``(4) Priority.--In selecting eligible entities to receive
financial assistance under this section, the Secretary shall
give priority to eligible entities that--
``(A) make the assessment publicly available, with
confidential business information redacted or removed;
and
``(B) have not previously received financial
assistance under this section.''.
(b) Clerical Amendment.--The table of contents for the Energy Act
of 2020 (Public Law 116-260; 134 Stat. 2419) is amended by inserting
after the item relating to section 5002 the following:
``Sec. 5003. Quantifying the benefits of carbon removal.''.
TITLE II--CARBON REMOVAL PURCHASING PILOT PROGRAM
SEC. 201. CARBON REMOVAL PURCHASING PILOT PROGRAM.
(a) In General.--Subtitle F of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16291 et seq.) is amended by adding at the end the
following:
``SEC. 969E. CARBON REMOVAL PURCHASING PILOT PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to accelerate the deployment and commercialization of
technologically diverse carbon removal pathways and
technologies;
``(2) to stimulate the development and commercialization of
low-carbon products made with carbon dioxide removed from the
atmosphere or oceans; and
``(3) to support the development and diversification of
technologies relating to carbon removal.
``(b) Definitions.--In this section:
``(1) Additional.--The term `additional', with respect to
carbon dioxide removed from the atmosphere or upper
hydrosphere, means that carbon dioxide was removed pursuant to
an intentional carbon removal activity that delivers a net
removal of carbon dioxide from the atmosphere, measured on a
lifecycle basis, that would not have occurred without the
carbon removal activity.
``(2) All-in cost.--The term `all-in cost' means the total
cost of--
``(A) the capture, transport, and storage of carbon
dioxide; and
``(B) the measurement, reporting, and verification
of carbon dioxide removed on a net ton carbon dioxide
equivalent basis.
``(3) Eligible entity.--The term `eligible entity' means a
carbon removal facility that--
``(A) is located in the United States;
``(B) meets all applicable Federal and State
permitting requirements; and
``(C) meets financial, technical, and technological
diversity criteria established by the Secretary.
``(4) Removal.--The term `removal' means--
``(A) the capture of carbon dioxide from the
atmosphere or upper hydrosphere through a chemical,
physical, or other process; and
``(B) the subsequent permanent storage or use of
the carbon dioxide in a manner that ensures that the
carbon dioxide does not reenter the atmosphere or upper
hydrosphere.
``(5) Upper hydrosphere.--The term `upper hydrosphere'
means the total liquid water existing on the surface level of
the earth, including--
``(A) oceans;
``(B) lakes;
``(C) rivers; and
``(D) other surface bodies of water.
``(c) Program.--
``(1) Establishment.--The Secretary shall establish a
competitive purchasing pilot program under which the Secretary
shall purchase from eligible entities carbon dioxide removed
from the atmosphere or upper hydrosphere.
``(2) Purchase.--In carrying out the pilot program under
paragraph (1), the Secretary shall purchase, subject to the
availability of appropriations, removed carbon dioxide from
eligible entities--
``(A) until the date on which the first reverse
auction is held under paragraph (3), by making a
payment per net ton carbon equivalent basis to account
for lifecycle greenhouse gas inputs to carbon removal
in an amount determined by the Secretary; and
``(B) beginning with the first reverse auction held
under paragraph (3), in accordance with the reverse
auction procedures described in that paragraph.
``(3) Reverse auction procedures.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, and annually
thereafter, the Secretary shall conduct a reverse
auction under which--
``(i) the Secretary shall solicit bids from
eligible entities in each tier described in
subparagraph (B)(ii) (referred to in this
section as a `permanence tier'); and
``(ii) eligible entities shall submit to
the Secretary sealed bids describing--
``(I) a desired price for the
removed carbon dioxide on a per net ton
carbon dioxide equivalent basis;
``(II) the estimated net ton carbon
dioxide equivalent removed by the
eligible entity annually that the
eligible entity desires the Secretary
to purchase at the desired price;
``(III) details of the permanence
of the removed carbon dioxide;
``(IV) details on the purity,
location, and transportation options
for the removed carbon dioxide to be
purchased by the Secretary for purposes
of the all-in costs;
``(V) a lifecycle assessment of the
operation to quantify the net carbon
dioxide removed, while accounting for
greenhouse gas emissions associated
with the production of the inputs
necessary for the carbon dioxide
removal and storage processes; and
``(VI) any other details the
Secretary may require.
``(B) Selection.--
``(i) In general.--The Secretary shall--
``(I) examine the bids submitted
under subparagraph (A)(ii) to determine
which bids are acceptable under the
criteria established by the Secretary
for the applicable permanence tier; and
``(II) of the bids determined to be
acceptable under subclause (I),
identify a technologically diverse set
of carbon removal approaches, and for
each of those selected approaches,
select the bids containing the lowest
desired price for carbon dioxide,
subject to clause (iv), until the
amount of funds available for the
applicable permanence tier of the
reverse auction is obligated.
``(ii) Permanence tiers.--In selecting bids
under clause (i), the Secretary shall group the
permanence of each carbon removal bid into 1 of
the following 2 tiers:
``(I) Medium-term tier for bids
providing for the removal of carbon
dioxide for at least 100 years, but
fewer than 1,000 years.
``(II) Long-term tier for bids
providing for the removal of carbon
dioxide for 1,000 years or more.
``(iii) Priority.--In any case in which the
desired price in 2 or more bids submitted under
subparagraph (A)(ii) for an applicable
permanence tier is equal, the Secretary shall
give priority to eligible entities that
demonstrate outstanding potential for local and
regional economic development in carrying out
projects to remove carbon dioxide from ambient
air or aquatic sources.
``(iv) Limitation on funds received by a
single company.--To the extent that there are
sufficient bids acceptable under clause (i)(I),
the Secretary shall ensure that one or more
eligible entities under common control does not
receive more than 15 percent of the amounts
made available for a fiscal year under this
section.
``(4) Cost cap.--
``(A) In general.--Subject to subparagraph (B), for
purposes of a reverse auction under paragraph (3), the
Secretary shall--
``(i) determine the current average market
price per net ton carbon dioxide equivalent
basis to account for lifecycle greenhouse gas
inputs of removed carbon within each permanence
tier; and
``(ii) set that price as the maximum price
per ton to be paid under the reverse auction
within each permanence tier.
``(B) Increased cap.--In the case of an eligible
entity that uses a technology that has the potential to
eventually remove carbon dioxide at an all-in cost of
less than $100 per net ton carbon dioxide equivalent,
the Secretary shall double the maximum price per net
ton carbon dioxide equivalent established under
subparagraph (A)(ii) with respect to the eligible
entity.
``(5) Requirement.--In purchasing removed carbon dioxide
under the program under paragraph (1), the Secretary shall
determine that the carbon dioxide--
``(A) is additional;
``(B) shall be delivered not later than 5 years
after the date of the purchase;
``(C) shall have a monitoring, reporting, and
verification plan approved by the Department of Energy;
and
``(D) has not less than a 99 percent likelihood of
being stored for not fewer than 100 years.
``(d) Use of Carbon Dioxide.--Carbon dioxide purchased under the
pilot program under subsection (c), at the discretion of the Secretary,
may be used or stored in any manner that ensures that the carbon
dioxide does not reenter the atmosphere or upper hydrosphere during the
time period associated with the applicable permanence tier.
``(e) Pilot Program Coordination.--Amounts made available under
this section may be made available to carry out pilot and demonstration
projects described in section 969D(f)(2)(B) and section 969D(g).
``(f) Confidentiality.--The Secretary shall establish procedures to
ensure that any confidential, private, proprietary, or privileged
information that is included in a sealed bid submitted under this
section is not publicly disclosed or otherwise improperly used.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this section--
``(A) $20,000,000 for fiscal year 2024;
``(B) $30,000,000 for fiscal year 2025; and
``(C) $60,000,000 for each of fiscal years 2026
through 2028.
``(2) Allocation.--Amounts made available under paragraph
(1) for each fiscal year shall be allocated between the
permanence tiers as follows:
``(A) 70 percent shall be allocated for the
permanence tier described in subsection
(c)(3)(B)(ii)(II).
``(B) 30 percent shall be allocated for the
permanence tier described in subsection
(c)(3)(B)(ii)(I).''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-59; 119 Stat. 600; 134 Stat. 2550)
is amended by adding at the end of the items relating to subtitle F of
title IX the following:
``Sec. 969E. Carbon removal purchasing pilot program.''.
<all>
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118S1577 | Oversee Emerging Technology Act | [
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"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1577 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1577
To require the appointment or designation of emerging technology leads
in certain Federal agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the appointment or designation of emerging technology leads
in certain Federal agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oversee Emerging Technology Act''.
SEC. 2. EMERGING TECHNOLOGY LEADS.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means--
(A) an agency listed in section 901(b) of title 31,
United States Code; or
(B) an element of the intelligence community, as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Covered individual.--The term ``covered individual''
means--
(A) an individual serving in a Senior Executive
Service position, as that term is defined in section
3132 of title 5, United States Code;
(B) an individual who--
(i) is serving in a position to which
section 5376 of title 5, United States Code,
applies; and
(ii) has a significant amount of seniority
and experience, as determined by the head of
the applicable covered agency; and
(C) another individual who is the equivalent of an
individual described in subparagraph (A) or (B), as
determined by the head of the applicable covered
agency.
(b) Appointment or Designation.--The head of each covered agency
that is substantially engaged in the development, application, or
oversight of emerging technologies shall appoint or designate a covered
individual as an emerging technology lead to--
(1) advise the covered agency on the responsible use of
emerging technologies, including artificial intelligence;
(2) provide expertise on responsible policies and
practices;
(3) collaborate with interagency coordinating bodies; and
(4) provide input for procurement policies.
(c) Informing Congress.--Not later than 180 days after the date of
enactment of this Act, the President shall--
(1) inform Congress of each covered agency for which a
covered individual has been appointed or designated as an
emerging technology lead under subsection (b); and
(2) provide to Congress a description of the authorities
and responsibilities of the covered individuals described in
paragraph (1).
<all>
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118S1578 | ACES Act | [
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1578 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1578
To require reports on the adoption of cryptocurrency as legal tender in
El Salvador.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Risch (for himself and Mr. Menendez) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require reports on the adoption of cryptocurrency as legal tender in
El Salvador.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Cryptocurrency in
El Salvador Act'' or the ``ACES Act''.
SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL
SALVADOR.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of the
Treasury shall jointly submit to the appropriate committees of Congress
a report on the adoption by the Government of El Salvador of a
cryptocurrency as legal tender.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the process followed by the Government
of El Salvador to develop and enact the Bitcoin Law
(Legislative Decree No. 57, Official Record No. 110, Volume
431, enacted June 9, 2021), which provides the cryptocurrency,
Bitcoin, with legal tender status in El Salvador.
(2) An assessment of--
(A) potential gaps in the Anti-Money Laundering/
Combatting the Financing of Terrorism (AML/CFT)
framework in El Salvador, and illicit finance risks
associated with virtual assets in El Salvador,
including El Salvador's adoption of Bitcoin as legal
tender;
(B) the impact on individuals and businesses of
requiring tender of Bitcoin; and
(C) the impact of such adoption of a cryptocurrency
on--
(i) the macroeconomic stability and public
finances of El Salvador, including taxation;
(ii) the rule of law and democratic
governance in El Salvador;
(iii) the unbanked population in El
Salvador;
(iv) the flow of remittances from the
United States to El Salvador;
(v) El Salvador's relations with
multilateral financial institutions, such as
the International Monetary Fund and the Word
Bank;
(vi) bilateral and international efforts to
combat transnational illicit activities; and
(vii) El Salvador's bilateral economic and
commercial relationship with the United States
and the potential for reduced use by El
Salvador of the United States dollar.
(3) A description of the internet infrastructure of El
Salvador and an assessment of--
(A) the degree to which cryptocurrency is used in
El Salvador;
(B) matters relating to chain of custody and the
potential for hacking and cybertheft of cryptocurrency;
and
(C) access to transparent and affordable internet
and digital infrastructure among the unbanked
population of El Salvador.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
<all>
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118S1579 | MORE DOT Grants Act | [
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"sponsor"
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[
"D000618",
"Sen. Daines, Steve [R-MT]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1579 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1579
To improve the process for awarding grants under certain programs of
the Department of Transportation to certain counties in which the
majority of land is owned or managed by the Federal Government and to
other units of local government and Tribal governments in those
counties, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Cortez Masto (for herself and Mr. Daines) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve the process for awarding grants under certain programs of
the Department of Transportation to certain counties in which the
majority of land is owned or managed by the Federal Government and to
other units of local government and Tribal governments in those
counties, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Opportunities for Rural
Economies from DOT Grants Act'' or the ``MORE DOT Grants Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) High-density public land county.--The term ``High-
Density Public Land County'' means a county (or equivalent
jurisdiction) of a State or territory of the United States--
(A) that has a population of not more than 100,000
people, according to the most recent annual estimates
of population by the Bureau of the Census; and
(B) in which more than 50 percent of the land is
owned or managed by the Federal Government.
(2) Qualifying grant program.--The term ``qualifying grant
program'' means--
(A) the program for national infrastructure
investments (commonly known as the ``Rebuilding
American Infrastructure with Sustainability and Equity
(RAISE) discretionary grant program'') authorized under
the heading ``national infrastructure investments''
under the heading ``Office of the Secretary'' in title
I of division L of the Consolidated Appropriations Act,
2018 (Public Law 115-141; 132 Stat. 972) (or a
subsequent appropriations Act);
(B) the national infrastructure project assistance
program (commonly known as the ``Mega Grant program'')
established by section 6701 of title 49, United States
Code;
(C) the nationally significant multimodal freight
and highway projects program (commonly known as the
``Infrastructure for Rebuilding America (INFRA) grant
program'') established by section 117 of title 23,
United States Code;
(D) the rural surface transportation grant program
established under section 173 of title 23, United
States Code;
(E) the Reconnecting Communities Pilot Program
established under section 11509 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 101 note; Public Law
117-58);
(F) the Strengthening Mobility and Revolutionizing
Transportation (SMART) Grant Program established under
section 25005 of the Infrastructure Investment and Jobs
Act (23 U.S.C. 502 note; Public Law 117-58);
(G) the Grants for Buses and Bus Facilities
competitive grant program established under section
5339(b) of title 49, United States Code;
(H) the public transportation Low or No Emission
Vehicle Program established under section 5339(c) of
title 49, United States Code;
(I) the public transportation innovation grant
program established under section 5312 of title 49,
United States Code;
(J) the public transportation safety program
established under section 5329 of title 49, United
States Code;
(K) the Federal lands access program under section
204 of title 23, United States Code;
(L) the airport improvement program established
under subchapter I of chapter 471 of title 49, United
States Code;
(M) the consolidated rail infrastructure and safety
improvements program under section 22907 of title 49,
United States Code; and
(N) any other discretionary grant program of the
Department of Transportation under which grants are
awarded to--
(i) counties;
(ii) other units of local government; or
(iii) Tribal governments.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(4) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
SEC. 3. GRANTS.
(a) Reduction in Local Matching Requirements.--Notwithstanding any
other provision of law, with respect to a High-Density Public Land
County and any unit of local government or Tribal government within a
High-Density Public Land County, any requirement for local matching
funds under a qualifying grant program shall be reduced by 50 percent.
(b) Technical Assistance.--On request of a High-Density Public Land
County or any unit of local government or Tribal government within a
High-Density Public Land County, the Secretary shall provide additional
technical assistance to the High-Density Public Land County, unit of
local government, or Tribal government before and during the annual
application period for each qualifying grant program.
(c) Priority.--
(1) Application approval.--In approving applications for a
qualifying grant program, the Secretary shall give priority to
an application from a High-Density Public Land County, unit of
local government within a High-Density Public Land County, or
Tribal government within a High-Density Public Land County that
has not received support under the qualifying grant program
during the 10-year period preceding the date of the
application.
(2) Technical assistance and other support.--In carrying
out subsections (b) and (e), the Secretary may give priority to
a Tribal government within a High-Density Public Land County.
(d) Special Consideration.--In approving applications for a
qualifying grant program, the Secretary--
(1) shall give special consideration to an application from
a High-Density Public Land County or unit of local government
within a High-Density Public Land County with respect to any
rural set-aside designated for the applicable qualifying grant
program by an Act of Congress; and
(2) may give special consideration to an application from a
Tribal government within a High-Density Public Land County with
respect to a rural set-aside described in paragraph (1).
(e) Other Support.--The Secretary may provide additional support,
as the Secretary determines to be appropriate, for a High-Density
Public Land County or a unit of local government or Tribal government
within a High-Density Public Land County, including by considering and,
if appropriate, offering flexibility with respect to any requirement
of, or barrier to applying for or receiving assistance under, a
qualifying grant program if the requirement or barrier relates to--
(1) scoring criteria relating to numerical size and impact,
such as the number of jobs created or the number of people
served, which disadvantage small and isolated communities;
(2) any requirement that an applicant for a qualifying
grant program partner with other institutions, such as
community colleges or foundations, which may not operate in the
jurisdiction of the High-Density Public Land County, unit of
local government, or Tribal government seeking assistance under
the qualifying grant program;
(3) any financial or cash-on-hand requirement that a High-
Density Public Land County or a unit of local government or
Tribal government within a High-Density Public Land County
cannot meet for reasons other than any financial constraints to
which the High-Density Public Land County, unit of local
government, or Tribal government is subject; or
(4) an overly complicated or overly technical application
for a qualifying grant program that deters High-Density Public
Land Counties or units of local government or Tribal
governments within High-Density Public Land Counties from
applying for the qualifying grant program.
<all>
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118S158 | Increasing American Jobs Through Greater United States Exports to Africa and Latin America Act of 2023 | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
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"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
]
] | <p><strong>Increasing American Jobs Through Greater United States Exports to Africa and Latin America Act of </strong><b>2023</b></p> <p>This bill requires the President to take certain actions to increase U.S. exports to Africa, Latin America, and the Caribbean.</p> <p>Specifically, the bill directs the President to establish and submit to Congress a comprehensive U.S. strategy for public and private investment, trade, and development in Africa, Latin America, and the Caribbean. The strategy shall focus on increasing exports of U.S. goods and services to Africa, Latin America, and the Caribbean by at least 200% in real dollar value within 10 years.</p> <p>Additionally, the bill directs the President to</p> <ul> <li>designate a Special Africa Export Strategy Coordinator,</li> <li>designate a Special Latin America and the Caribbean Export Strategy Coordinator, and</li> <li>develop a plan for standardized training of foreign service and economic officers.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 158 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 158
To increase United States jobs through greater United States exports to
Africa and Latin America, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Durbin (for himself, Mrs. Shaheen, Mr. Boozman, Mr. Coons, and Mr.
Cassidy) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To increase United States jobs through greater United States exports to
Africa and Latin America, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing American Jobs Through
Greater United States Exports to Africa and Latin America Act of
2023''.
SEC. 2. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND LATIN AMERICA
AND THE CARIBBEAN.
(a) Strategy Required.--
(1) In general.--The President shall establish a
comprehensive United States strategy for public and private
investment, trade, and development in Africa and Latin America
and the Caribbean.
(2) Focus of strategy.--The strategy required by paragraph
(1) shall focus on increasing exports of United States goods
and services to Africa and Latin America and the Caribbean by
200 percent in real dollar value by the date that is 10 years
after the date of the enactment of this Act.
(3) Consultations.--In developing the strategy required by
paragraph (1), the President shall consult with--
(A) Congress;
(B) each agency that is a member of the Trade
Promotion Coordinating Committee;
(C) the relevant multilateral development banks, in
coordination with the Secretary of the Treasury and the
respective United States Executive Directors of such
banks;
(D) each agency that participates in the Trade
Policy Staff Committee established;
(E) the President's Export Council;
(F) each of the development agencies;
(G) any other Federal agencies with responsibility
for export promotion or financing and development; and
(H) the private sector, including businesses,
nongovernmental organizations, and African and Latin
American and Caribbean diaspora groups.
(4) Submission to congress.--
(A) Strategy.--Not later than 180 days after the
date of the enactment of this Act, the President shall
submit to Congress the strategy required by subsection
(a).
(B) Progress report.--Not later than 3 years after
the date of the enactment of this Act, the President
shall submit to Congress a report on the implementation
of the strategy required by paragraph (1).
(b) Special Africa and Latin America and the Caribbean Export
Strategy Coordinators.--The President shall designate an individual to
serve as Special Africa Export Strategy Coordinator and an individual
to serve as Special Latin America and the Caribbean Export Strategy
Coordinator--
(1) to oversee the development and implementation of the
strategy required by subsection (a); and
(2) to coordinate developing and implementing the strategy
with--
(A) the Trade Promotion Coordinating Committee;
(B) the Assistant United States Trade
Representative for African Affairs or the Assistant
United States Trade Representative for the Western
Hemisphere, as appropriate;
(C) the Assistant Secretary of State for African
Affairs or the Assistant Secretary of State for Western
Hemisphere Affairs, as appropriate;
(D) the Export-Import Bank of the United States;
(E) the United States International Development
Finance Corporation; and
(F) the development agencies.
(c) Trade Missions to Africa and Latin America and the Caribbean.--
It is the sense of Congress that, not later than one year after the
date of the enactment of this Act, the Secretary of Commerce and other
high-level officials of the United States Government with
responsibility for export promotion, financing, and development should
conduct joint trade missions to Africa and to Latin America and the
Caribbean.
(d) Training.--The President shall develop a plan--
(1) to standardize the training received by United States
and Foreign Commercial Service officers, economic officers of
the Department of State, and economic officers of the United
States Agency for International Development with respect to the
programs and procedures of the Export-Import Bank of the United
States, the United States International Development Finance
Corporation, the Small Business Administration, and the United
States Trade and Development Agency; and
(2) to ensure that, not later than one year after the date
of the enactment of this Act--
(A) all United States and Foreign Commercial
Service officers that are stationed overseas receive
the training described in paragraph (1); and
(B) in the case of a country to which no United
States and Foreign Commercial Service officer is
assigned, any economic officer of the Department of
State stationed in that country receives that training.
(e) Definitions.--In this section:
(1) Development agencies.--The term ``development
agencies'' means the United States Department of State, the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States
International Development Finance Corporation, the United
States Trade and Development Agency, the United States
Department of Agriculture, and relevant multilateral
development banks.
(2) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
African Development Foundation.
(3) Trade policy staff committee.--The term ``Trade Policy
Staff Committee'' means the Trade Policy Staff Committee
established pursuant to section 2002.2 of title 15, Code of
Federal Regulations.
(4) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established under section 2312
of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(5) United states and foreign commercial service.--The term
``United States and Foreign Commercial Service'' means the
United States and Foreign Commercial Service established by
section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721).
<all>
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118S1580 | MORE USDA Grants Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1580 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1580
To improve the process for awarding grants under certain programs of
the Department of Agriculture to certain counties in which the majority
of land is owned or managed by the Federal Government and to other
units of local government and Tribal governments in those counties, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Cortez Masto (for herself, Mr. Daines, Mr. Crapo, and Mr. Risch)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To improve the process for awarding grants under certain programs of
the Department of Agriculture to certain counties in which the majority
of land is owned or managed by the Federal Government and to other
units of local government and Tribal governments in those counties, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Opportunities for Rural
Economies from USDA Grants Act'' or the ``MORE USDA Grants Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) High-density public land county.--The term ``High-
Density Public Land County'' means a county (or equivalent
jurisdiction) of a State or territory of the United States--
(A) that has a population of not more than 100,000
people, according to the most recent annual estimates
of population by the Bureau of the Census; and
(B) in which more than 50 percent of the land is
owned or managed by the Federal Government.
(2) Qualifying grant program.--The term ``qualifying grant
program'' means--
(A) the Rural Business Development grant program
established under section 310B(c) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(c));
(B) the community facilities grant program
established under section 306(a)(19) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(19));
(C) the Economic Impact Initiative grant program
established under section 306(a)(20)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(20)(B));
(D) the Telemedicine and Distance Learning Services
grant program established under chapter 1 of subtitle D
of title XXIII of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 950aaa et seq.);
(E) the Community Connect Grant Program established
under section 604 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb-3);
(F) the broadband loan and grant pilot program
known as the ``Rural eConnectivity Pilot Program'' or
the ``ReConnect Program'', authorized under section 779
of division A of the Consolidated Appropriations Act,
2018 (Public Law 115-141; 132 Stat. 399);
(G) any discretionary grant program of the Rural
Business-Cooperative Service, the Rural Housing
Service, the Rural Utilities Service, or any other
rural development agency of the Department of
Agriculture under which grants are awarded to--
(i) counties;
(ii) other units of local government; or
(iii) Tribal governments; and
(H) any other discretionary grant program of the
Department of Agriculture under which grants for rural
development or energy are awarded to--
(i) counties;
(ii) other units of local government; or
(iii) Tribal governments.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
SEC. 3. GRANTS.
(a) Reduction in Local Matching Requirements.--Notwithstanding any
other provision of law, with respect to a High-Density Public Land
County and any unit of local government or Tribal government within a
High-Density Public Land County, any requirement for local matching
funds under a qualifying grant program shall be reduced by 50 percent.
(b) Technical Assistance.--On request of a High-Density Public Land
County or any unit of local government or Tribal government within a
High-Density Public Land County, the Secretary shall provide additional
technical assistance to the High-Density Public Land County, unit of
local government, or Tribal government before and during the annual
application period for each qualifying grant program.
(c) Priority.--
(1) Application approval.--In approving applications for a
qualifying grant program, the Secretary shall give priority to
an application from a High-Density Public Land County, unit of
local government within a High-Density Public Land County, or
Tribal government within a High-Density Public Land County that
has not received support under the qualifying grant program
during the 10-year period preceding the date of the
application.
(2) Technical assistance and other support.--In carrying
out subsections (b) and (d), the Secretary may give priority to
a Tribal government within a High-Density Public Land County.
(d) Other Support.--The Secretary may provide additional support,
as the Secretary determines to be appropriate, for a High-Density
Public Land County or a unit of local government or Tribal government
within a High-Density Public Land County, including by considering and,
if appropriate, offering flexibility with respect to any requirement
of, or barrier to applying for or receiving assistance under, a
qualifying grant program if the requirement or barrier relates to--
(1) scoring criteria relating to numerical size and impact,
such as the number of jobs created or the number of people
served, which disadvantage small and isolated communities;
(2) any requirement that an applicant for a qualifying
grant program partner with other institutions, such as
community colleges or foundations, which may not operate in the
jurisdiction of the High-Density Public Land County, unit of
local government, or Tribal government seeking assistance under
the qualifying grant program;
(3) any financial or cash-on-hand requirement that a High-
Density Public Land County or a unit of local government or
Tribal government within a High-Density Public Land County
cannot meet for reasons other than any financial constraints to
which the High-Density Public Land County, unit of local
government, or Tribal government is subject; or
(4) an overly complicated or overly technical application
for a qualifying grant program that deters High-Density Public
Land Counties or units of local government or Tribal
governments within High-Density Public Land Counties from
applying for the qualifying grant program.
<all>
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118S1581 | Diversify Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1581 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1581
To remove college cost as a barrier to every student having access to a
well-prepared and diverse educator workforce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Booker (for himself, Ms. Cortez Masto, Mr. Merkley, Mr. Durbin, Mr.
Kaine, Mrs. Gillibrand, Mr. Padilla, Mr. Blumenthal, Ms. Hirono, Ms.
Warren, Ms. Klobuchar, Mr. Markey, and Mr. Murphy) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To remove college cost as a barrier to every student having access to a
well-prepared and diverse educator workforce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diversifying by Investing in
Educators and Students To Improve Outcomes For Youth Act'' or the
``Diversify Act''.
SEC. 2. AMENDMENTS TO THE TEACH GRANTS PROGRAM UNDER THE HIGHER
EDUCATION ACT OF 1965.
Subpart 9 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070g et seq.) is amended--
(1) in section 420L(1), by inserting ``(except that such
term does not include an institution described in subsection
(a)(1)(A) of section 102)'' after ``102'';
(2) in section 420M--
(A) in subsection (a)(1), by striking ``$4,000''
and inserting ``$8,000'';
(B) in subsection (b)(3), by striking the second
and third sentences and inserting the following: ``Any
disbursement allowed to be made by crediting the
teacher candidate's account shall be used for the full
cost of attendance (as defined in section 472).''; and
(C) in subsection (d)--
(i) in paragraph (1)(B), by striking
``$16,000'' and inserting ``$32,000''; and
(ii) in paragraph (2), by striking
``$8,000'' and inserting ``$16,000''; and
(3) in section 420N--
(A) in subsection (b)--
(i) by striking paragraphs (2) and (3);
(ii) by striking ``an agreement'' and all
that follows through ``the applicant will'' and
inserting ``an agreement by the applicant that
the applicant will'';
(iii) by redesignating subparagraphs (A)
through (E) as paragraphs (1) through (5),
respectively, and moving the margins of such
paragraphs (as so redesignated) 2 ems to the
left;
(iv) by redesignating clauses (i) through
(vii) as subparagraphs (A) through (G),
respectively, and moving the margins of such
subparagraphs (as so redesignated) 2 ems to the
left;
(v) in paragraph (2), as redesignated by
clause (iii), by striking ``teach in a school
described in section 465(a)(2)(A)'' and
inserting ``teach in a school described in
section 465(a)(2)(A) or teach in a high-need
early education program''; and
(vi) in paragraph (3), as redesignated by
clause (iii)--
(I) in subparagraph (F), as
redesignated by clause (iv), by
striking ``or'' after the semicolon;
(II) in subparagraph (G), as
redesignated by clause (iv), by
inserting ``or'' after the semicolon;
and
(III) by adding at the end the
following:
``(H) early childhood education;''; and
(B) by striking subsection (c) and inserting the
following:
``(c) Certificate.--Upon the completion of the service requirement
in subsection (b), the Secretary shall send to the recipient of a grant
under this subpart an electronic certificate documenting the completion
of such service.'';
(C) by redesignating subsection (d) as subsection
(e);
(D) by inserting after subsection (c) the
following:
``(d) Prohibition.--The Secretary may not institute or create a
monetary penalty for failure or refusal to complete the service
requirement under subsection (b).''; and
(E) in subsection (e), as redesignated by
subparagraph (C)--
(i) by striking ``subsection
(b)(1)(C)(vii)'' and inserting ``subsection
(b)(3)(G)''; and
(ii) by striking ``subsection (b)(1)'' and
inserting ``subsection (b)''.
SEC. 3. AMENDMENT TO THE BALANCED BUDGET AND DEFICIT CONTROL ACT.
(a) Exemption of Program From Sequestration.--Section 255(h) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(h)) is amended by inserting after the item relating to ``Temporary
Assistance for Needy Families (75-1552-0-1-609).'' the following new
item:
``TEACH Grants under subpart 9 of part A of title IV of the
Higher Education Act of 1965.''.
(b) Applicability.--The amendment made by this section shall apply
to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or
after the date of enactment of this Act.
<all>
</pre></body></html>
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118S1582 | Opportunities in Organic Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1582 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1582
To amend the Farm Security and Rural Investment Act of 2002 to expand
the national organic certification cost-share program into a
comprehensive organic program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Welch (for himself, Ms. Baldwin, Mr. Booker, Mr. Casey, Mr.
Fetterman, Mrs. Gillibrand, Mr. King, Mr. Padilla, Mr. Markey, Mr.
Sanders, Ms. Smith, Mr. Murphy, and Mr. Lujan) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to expand
the national organic certification cost-share program into a
comprehensive organic 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 ``Opportunities in Organic Act of
2023''.
SEC. 2. OPPORTUNITIES IN ORGANIC PROGRAM.
Section 10606 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 6523) is amended--
(1) in the section heading, by striking ``national organic
certification cost-share'' and inserting ``opportunities in
organic'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(4) in subsection (a), by striking the subsection
designation and heading and all that follows through
``Secretary of Agriculture'' and inserting the following:
``(b) Establishment.--The Secretary'';
(5) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Certified organic farm; certified organic handling
operation.--The terms `certified organic farm' and `certified
organic handling operation' have the meanings given those terms
in section 2103 of the Organic Foods Production Act of 1990 (7
U.S.C. 6502).
``(2) Eligible nonprofit organization.--The term `eligible
nonprofit organization' means a nonprofit organization (as
defined in section 1619(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5801(b))) that
primarily serves at least 1 of the following:
``(A) Socially disadvantaged farmers and ranchers.
``(B) Organic producers and handlers.
``(C) 1 or more vulnerable agricultural regions,
such as farms near schools, childcare providers,
residential areas, or sensitive ecosystems.
``(D) 1 or more under-resourced agricultural
regions.
``(E) Smaller nonprofit organizations (as so
defined) that primarily serve the entities or regions
described in subparagraph (A), (B), (C), or (D).
``(3) National organic production program.--The term
`national organic production program' means the national
organic production program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
``(4) Organic.--The term `organic' has the meaning given
the term in section 205.2 of title 7, Code of Federal
Regulations (or a successor regulation).
``(5) Program.--The term `program' means the Opportunities
in Organic program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(7) Socially disadvantaged farmer or rancher; socially
disadvantaged group.--The terms `socially disadvantaged farmer
or rancher' and `socially disadvantaged group' have the
meanings given those terms in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)).
``(8) Transition to organic.--The term `transition to
organic' means the steps required to become a certified organic
farm.'';
(6) in subsection (b) (as so redesignated)--
(A) by striking ``a national organic certification
cost-share program to assist'' and inserting the
following: ``a program, to be known as the
`Opportunities in Organic program'--
``(1) to assist'';
(B) in paragraph (1) (as so designated), by
striking ``program established'' and all that follows
through the period at the end and inserting ``program;
and''; and
(C) by adding at the end the following:
``(2) to provide support and technical assistance for
transition to organic and organic management.'';
(7) by inserting after subsection (b) (as so redesignated)
the following:
``(c) Federal Organic Certification Cost-share.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall pay under this subsection the costs incurred by
a producer or handler in obtaining certification under the
national organic production program, as certified to and
approved by the Secretary.
``(2) Maximum amount.--Except as provided in paragraph (3),
the maximum amount of a payment made to a producer or handler
under this subsection shall be $1,500.
``(3) Ensuring affordability.--Notwithstanding paragraph
(2), the Secretary may make payments that exceed the maximum
amount under that paragraph to ensure that organic
certification costs are not a barrier to organic production,
including payment to a producer or handler who is--
``(A) located in a region with disproportionately
high certification costs, as determined by the
Secretary; or
``(B) a member of a socially disadvantaged group.
``(d) Support for Transition to Organic and Technical Assistance.--
``(1) Transition and resilience funding.--
``(A) In general.--The Secretary shall award
funding to eligible nonprofit organizations--
``(i) to build capacity to support
transition to organic in accordance with
subparagraph (B); and
``(ii) to support transition to organic in
accordance with subparagraphs (C) and (D).
``(B) Activities to build capacity.--An eligible
nonprofit organization that is awarded funding under
this subparagraph may use the funding for staffing,
materials, activities, and partnerships (including
partnerships with eligible nonprofit organizations
described in subsection (a)(2)(E)) that support
transition to organic and resilience of certified
organic farms, including--
``(i) the recruitment of producers to begin
transition to organic;
``(ii) translation and communication
support, including development of materials to
increase understanding of the practices and
processes required to become certified as
organic;
``(iii) assistance with applications,
compliance, recordkeeping, and other aspects of
the organic certification process and the
transition to organic;
``(iv) financial, business, natural
resource conservation, and farm planning;
``(v) support for fair contracting;
``(vi) technical assistance with organic
management practices, such as soil health,
nutrient management, pest management, and other
practices, as determined appropriate by the
Secretary;
``(vii) by providing training on organic
certification requirements and organic
management to agricultural advisors and
consultants, including agronomists, crop
advisors, pest control advisors, extension
agents, farm consultants, and other technical
service providers, and agricultural industry
entities, such as seed dealers, equipment
suppliers, and input suppliers;
``(viii) by facilitating paid mentor-mentee
relationships between organic producers and
producers in transition to organic, including
stipends for all participants and training to
support effective mentorship;
``(ix) by assisting producers with
accessing resources and funding for programs
associated with organic management, including
conservation programs, risk management tools,
and organic support and research programs;
``(x) by establishing or expanding
cooperatives, organic grower groups, certified
organic processing, storage, refrigeration,
freezer, and distribution facilities and
equipment, food hubs, food security programs,
additional programs under the Indigenous Food
Sovereignty Initiative of the Department of
Agriculture, organic-compliant composting
services, and other regional foodshed and
supply chain infrastructure, such as
infrastructure for granaries and meat
processing;
``(xi) on-farm research, including
monitoring biodiversity, monitoring air and
water quality, measuring changes in soil
organic carbon and indicators of soil health,
developing regionally adapted seeds and breeds,
and carrying out trials and documenting the
effectiveness of holistic approaches to pest,
weed, and disease control;
``(xii) recruiting and training organic
certification staff and inspectors, with an
emphasis on expanding opportunities for
socially disadvantaged farmers and ranchers and
increasing diversity in the certification
process;
``(xiii) increasing access to land for
socially disadvantaged farmers and ranchers and
small and mid-sized farms and ranches and
promoting long-term organic management (such as
purchasing land for incubator projects,
promoting and supporting lease-to-own
contracts, resolving heirs property issues, and
establishing easements that facilitate long-
term organic stewardship);
``(xiv) supporting tenant farmers,
including through leasing options that serve
tenants and landlords long term;
``(xv) hosting or supporting regional
conventions, conferences, farmer-led training
sessions and programs, field days, teach-ins,
and other educational opportunities focused on
organic production; and
``(xvi) establishing infrastructure for
interfarmer skill sharing and exchanges,
including virtual forums.
``(C) Producer transition and resilience funding.--
``(i) In general.--An eligible nonprofit
organization that is awarded funding under this
subparagraph may use the funding to provide
transition and resilience funding to existing
organic operations, socially disadvantaged
farmers or ranchers, or small or mid-sized
farms or ranches.
``(ii) Term.--
``(I) In general.--Funding provided
under this subparagraph shall be for a
term of 4 years.
``(II) 1-time funding.--The
Secretary may not renew funding
provided to a recipient under this
subparagraph.
``(iii) Use of funds.--Funding awarded
under clause (i) may be used to offset the
costs of and reduce barriers to becoming or
expanding a certified organic farm, including--
``(I) creating or expanding an
organic system plan (as defined in
section 205.2 of title 7, Code of
Federal Regulations (as in effect on
the date of enactment of the
Opportunities in Organic Act of 2023)),
including--
``(aa) completing organic
certification documents,
planning, and recordkeeping;
and
``(bb) developing a
conservation plan to address
all natural resources,
including soil health;
``(II) adopting, improving, or
expanding organic management,
including--
``(aa) eliminating the use
of synthetic pesticides,
synthetic fertilizers, or
antibiotics;
``(bb) the implementation
of cover cropping, crop
rotation, or rotational
grazing;
``(cc) the production and
use of compost and manure
(including purchasing tools,
supplies, or storage);
``(dd) sourcing or
producing organic seed and
feed;
``(ee) hedgerow and
ecosystem enhancement planting
and design;
``(ff) purchasing supplies
for intercropping and
polycropping or other
specialized equipment for use
in organic management; and
``(gg) supporting
beneficial predators,
pollinator habitats, erosion
prevention, or watershed
restoration;
``(III) paying for costs associated
with processing, storage, and
distribution equipment and facilities;
``(IV) carrying out on-farm
research to monitor and document the
impacts of transition to organic,
including in partnership with an
institution of higher education or
another entity;
``(V) soil testing;
``(VI) debt relief to improve
access to capital and financial
stability;
``(VII) forming a cooperative or
farmer-to-farmer network;
``(VIII) providing training to
become an organic inspector to expand
revenue and regional inspection
capacity;
``(IX) overcoming barriers to land
access, including payments to secure
longer leases and costs associated with
accessing land that has not been
treated with materials prohibited for
use on a certified organic farm or
transitioning land to organic
management;
``(X) paying for labor costs,
including costs associated with
improvements to workplace safety,
compensation, professional development,
and staff training on transition to
organic implementation;
``(XI) improving food safety
practices and obtaining related
certifications;
``(XII) providing or participating
in organic agriculture educational
opportunities;
``(XIII) providing compensation for
foregone income during transition to
organic due to short-term changes in
yield and limited market options;
``(XIV) construction or improvement
of housing for apprentices, trainees,
or volunteers or other on-farm
infrastructure; and
``(XV) financial, business, and
farm planning.
``(iv) Organic system plan.--As a condition
of receiving funding under this subparagraph to
carry out any of the activities described in
subclauses (II) through (XV) of clause (iii),
an organic operation, socially disadvantaged
farmer or rancher, or small or mid-sized farm
or ranch shall be required to develop an
organic system plan described in subclause (I)
of that clause.
``(D) Organic supply chain funding.--
``(i) In general.--An eligible nonprofit
organization that is awarded funding under this
subparagraph may use the funding to support
organic supply chain development, including by
providing the funding to other entities to
support organic supply chain development.
``(ii) Use of funds.--Funding awarded under
clause (i)--
``(I) may be used to strengthen
organic capacity or expand access to
certified organic handling operations,
including--
``(aa) constructing,
expanding, or improving access
to a certified organic handling
operation;
``(bb) purchasing farm
equipment, value added
supplies, and other materials
that improve market access; and
``(cc) pursuing organic
certification for an existing
handling operation; and
``(II) shall be used to strengthen
opportunities in organic capacity for
socially disadvantaged farmers or
ranchers, small or mid-sized farms or
ranches, vulnerable agricultural
regions (such as farms near schools,
childcare providers, residential areas,
and sensitive ecosystems), or under-
resourced agricultural regions.
``(E) Communications; meetings.--An eligible
nonprofit organization that receives funding under
subparagraph (B), (C), or (D) shall--
``(i) communicate not less frequently than
once per quarter with each other entity awarded
funding pursuant to those subparagraphs--
``(I) to monitor progress with
respect to transition to organic and
organic supply chain development;
``(II) to address improvements and
impacts of the transition to organic,
including observed changes in
biodiversity, soil health, pests,
weeds, and disease occurrence, crop
yield, and resilience;
``(III) to address challenges
associated with transition to organic;
``(IV) to consider market
opportunities and the adoption of
additional practices; and
``(V) to explore opportunities for
coordinated farm team meetings with
staff from relevant agencies and
organizations to streamline
agricultural assistance and improve
farm viability while increasing
adoption of on-farm conservation
practices; and
``(ii) meet not less frequently than
annually for each year for which funding is
provided with staff of the Department of
Agriculture (as determined by the Secretary) to
discuss program participation and impacts,
demographics and scale of participants,
transition to organic success rates, market
opportunities, research results, and challenges
identified in the transition to organic.
``(2) Technical assistance.--
``(A) In general.--The Secretary shall increase
regional resources to support organic management,
including technical assistance, outreach, supply chain
coordination, and activities described in subparagraph
(B), through expanded organic-related capacity and
partnerships at--
``(i) the Department of Agriculture,
including within the Agricultural Marketing
Service, the Farm Service Agency, the Natural
Resources Conservation Service, the Risk
Management Agency, the offices under the
Undersecretary of Rural Development, the Food
and Nutrition Service, and climate hubs, with
an emphasis on local and regional offices;
``(ii) universities and educational
institutions, with an emphasis on institutions
serving socially disadvantaged farmers and
ranchers;
``(iii) the cooperative extension programs
of the Secretary, including the Federally
Recognized Tribes Extension Program;
``(iv) State, regional, and Tribal
departments of agriculture; and
``(v) eligible nonprofit organizations.
``(B) Authorized activities.--Activities carried
out through the entities described in subparagraph (A)
shall include--
``(i) regional education sessions on
organic management;
``(ii) the development of regionally
tailored resources, technical assistance
programs, and teaching farms for organic
producers and producers in transition to
organic, including tools to promote and
facilitate participation of socially
disadvantaged farmers and ranchers and small
and mid-sized farms and ranches in organic and
complementary support programs;
``(iii) ongoing outreach to and needs
assessment of producers in transition to
organic to identify barriers to organic
production and mechanisms to address those
barriers;
``(iv) the identification of priority
locations to promote transition to organic,
including near schools and childcare providers,
residential areas, and sensitive ecosystems;
``(v) organic supply chain and
infrastructure development;
``(vi) the expansion of organic and local
supply chains and market opportunities,
including establishing channels for producers
to offer products to institutional buyers and
supporting purchases through nutrition
programs; and
``(vii) advancing food waste reduction
strategies that support producer income and
soil health, including--
``(I) closed-loop programs that
connect community composting and food
scrap collection operations with farms;
and
``(II) coordination to maximize use
of farm products, composting, and waste
reduction.'';
(8) in subsection (e) (as so redesignated)--
(A) by striking ``including the number'' and
inserting the following: ``including--
``(1) the number'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(2) the demographics, acreage, and sales of producer
participants that received support under the program,
aggregated by region;
``(3) the number of producers and handlers that--
``(A) received support from the program in the
previous fiscal year;
``(B) began transition to organic; and
``(C) achieved new organic certification;
``(4) any barriers to achieving organic certification;
``(5) the transition to organic activities carried out by
eligible nonprofit organizations and the metrics used to
evaluate the success of those activities;
``(6) research findings and best practices to support
transition to organic;
``(7) changes in organic-relevant capacity at public
institutions of higher education and eligible nonprofit
organizations; and
``(8) changes in availability of organic-relevant technical
assistance.''; and
(9) in subsection (f)(1) (as so redesignated), by striking
subparagraphs (A), (B), and (C) and inserting the following:
``(A) $50,000,000 for each of fiscal years 2024 and
2025;
``(B) $80,000,000 for fiscal year 2026; and
``(C) $100,000,000 for each of fiscal years 2027
and 2028.''.
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[From the U.S. Government Publishing Office]
[S. 1583 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1583
To require the Secretary of State to submit to Congress classified
dissent cables relating to the withdrawal of the United States Armed
Forces from Afghanistan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Thune (for himself, Mrs. Blackburn, Mr. Braun, Mr. Budd, Mrs.
Capito, Mr. Cassidy, Mr. Cruz, Mr. Daines, Mrs. Fischer, Mr. Graham,
Mr. Grassley, Mr. Hawley, Mr. Hoeven, Mr. Kennedy, Mr. Scott of
Florida, Mr. Scott of South Carolina, Mr. Risch, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require the Secretary of State to submit to Congress classified
dissent cables relating to the withdrawal of the United States Armed
Forces from Afghanistan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SUBMISSION TO CONGRESS OF DISSENT CABLES RELATING TO
WITHDRAWAL OF THE UNITED STATES ARMED FORCES FROM
AFGHANISTAN.
(a) Submission of Classified Dissent Cables to Congress.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of State shall submit to Congress any classified Department of State
cable or memo that expresses a dissenting recommendation or opinion
with respect to the withdrawal of the United States Armed Forces from
Afghanistan.
(b) Public Availability of Unclassified Dissent Cables.--Not later
than 60 days after the date of the enactment of this Act, the Secretary
of State shall make available to the public an unclassified version of
any such cable or memo.
(c) Protection of Personally Identifiable Information.--The name
and any other personally identifiable information of an author of a
cable or memo referred to in subsection (a) shall be redacted before
submission under that subsection or publication under subsection (b).
<all>
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118S1585 | Federal Law Enforcement Service Weapon Purchase Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1585 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1585
To allow Federal law enforcement officers to purchase retired service
weapons, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Cornyn (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow Federal law enforcement officers to purchase retired service
weapons, and for other purposes.
Be it enacted by the Senate 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 Law Enforcement Service
Weapon Purchase Act''.
SEC. 2. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) Definitions.--In this section:
(1) the term ``Federal law enforcement officer'' has the
meaning given the term in section 115(c)(1) of title 18, United
States Code;
(2) the term ``handgun'' has the meaning given the term in
section 921(a) of title 18, United States Code; and
(3) the term ``retired handgun'' means any handgun that has
been declared surplus by the applicable Federal agency.
(b) Authorization.--A Federal law enforcement officer may purchase
a retired handgun from the Federal agency that issued the handgun to
the officer.
(c) Limitations.--A Federal law enforcement officer may purchase a
retired handgun under subsection (b) if--
(1) the purchase is made during the 6-month period
beginning on the date on which the handgun was so retired; and
(2) the Federal law enforcement officer is not prohibited
from possessing or receiving the handgun under the laws of the
United States or the laws of the State, territory, or
possession of the United States in which the Federal law
enforcement officer resides.
(d) Cost.--A handgun purchased under this section shall be sold at
the fair market value for the handgun taking into account the age and
condition of the handgun.
(e) Policy Guidance.--The Administrator of General Services shall
develop policies to facilitate the sale and disposition of eligible
handguns under this section consistent with section 922 of title 18,
United States Code.
<all>
</pre></body></html>
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118S1586 | Educating Future Nurses Act | [
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"sponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1586 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1586
To amend title XVIII of the Social Security Act to establish a national
graduate nurse education program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Ms. Stabenow (for herself, Mr. Casey, and Ms. Hassan) 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 establish a national
graduate nurse education 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 ``Educating Future Nurses Act''.
SEC. 2. NATIONAL GRADUATE NURSE EDUCATION PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1866G the following new section:
``SEC. 1866H. NATIONAL GRADUATE NURSE EDUCATION PROGRAM.
``(a) In General.--
``(1) Establishment.--
``(A) In general.--The Secretary shall establish a
national graduate nurse education program under this
title under which an eligible hospital may receive
payment for the hospital's reasonable costs (described
in paragraph (2)) for the provision of qualified
clinical education to advanced practice registered
nurses.
``(B) Written agreements.--Eligible hospitals
participating in the program shall enter into written
agreements pursuant to subsection (b)(1) in order to
reimburse the eligible partners of the hospital the
share of the costs attributable to each partner.
``(2) Costs described.--
``(A) In general.--Subject to subparagraph (B), the
costs described in this paragraph are the reasonable
costs (as described in section 1861(v)) of each
eligible hospital for the clinical education costs (as
determined by the Secretary) that are attributable to
providing advanced practice registered nurses with
qualified clinical education.
``(B) Limitation.--With respect to a year, the
amount reimbursed under subparagraph (A) may not exceed
the amount of costs described in subparagraph (A) that
are attributable to an increase in the number of
advanced practice registered nurses enrolled in an
accredited school of nursing that provides qualified
clinical education during the year and for which the
hospital is being reimbursed under the program, as
compared to the average number of advanced practice
registered nurses who graduated in each year during the
period beginning on January 1, 2021, and ending on
December 31, 2022 (as determined by the Secretary) from
the graduate nursing education program operated by the
applicable school of nursing that is an eligible
partner of the hospital for purposes of the program.
``(3) Establishment of regions.--
``(A) In general.--The Secretary shall establish
regions for Graduate Nurse Education Hubs described in
subsection (b) under the program based on hospital
referral regions.
``(B) Limitations.--
``(i) One hub per region.--Only one
Graduate Nurse Education Hub may participate in
the program with respect to each region
established by the Secretary under subparagraph
(A).
``(ii) Eligible hospitals and eligible
partners.--An eligible hospital or eligible
partner may only participate in one Graduate
Nurse Education Hub under the program.
``(4) Supplement not supplant.--Payments under this section
in any given year shall supplement, not supplant, other Federal
funds that have been made available in the year for advanced
practice registered nurse clinical education or training.
``(5) Waiver authority.--The Secretary may waive such
requirements of title XI and this title as may be necessary to
carry out the program.
``(6) Administration.--Chapter 35 of title 44, United
States Code, shall not apply to the implementation of this
section.
``(b) Requirements.--No payment shall be made under this section to
an eligible hospital unless such hospital meets the following
requirements:
``(1) The hospital has in effect a written agreement with
the eligible partners of the hospital. Such written agreement
shall describe, at a minimum--
``(A) the obligations of the eligible partners with
respect to the provision of qualified clinical
education; and
``(B) the obligation of the eligible hospital to
reimburse such eligible partners (in a timely manner)
for the costs of such qualified clinical education that
are attributable to such partner.
``(2) The hospital demonstrates to the Secretary that it is
leading a Graduate Nurse Education (GNE) Hub which has
established and will maintain the following in order to provide
qualified clinical education to advanced practice registered
nurses:
``(A) Partnerships with one or more--
``(i) applicable schools of nursing;
``(ii) hospitals or health systems in a
regional area; and
``(iii) applicable non-hospital community-
based care settings.
``(B) A governance structure that includes one or
more applicable schools of nursing in the leadership
and an oversight process that is developed and approved
by the hospital, participating applicable schools of
nursing, and other hub partners, in accordance with
requirements established by the Secretary.
``(C) A process for timely reimbursement of
eligible partners for the costs of such qualified
clinical education that are attributable to such
partner.
``(D) An adequate system for coordination of
clinical education sites and preceptors.
``(E) A process for taking into consideration
local, State, and regional workforce needs to
facilitate innovation and value-based delivery of
health care.
``(c) Payments.--
``(1) Per-student rate.--The amount of payment under this
section to an eligible hospital shall for each year of the
program shall be equal to the applicable per-student rate (as
defined in paragraph (2)) multiplied by the total number of
advanced practice registered nurses receiving qualified
clinical education through the eligible hospital under the
program.
``(2) Applicable per-student rate.--The applicable per-
student rate, with respect to an eligible hospital, is--
``(A) for the first year of the program, a per-
student rate determined by the Secretary based on data
from the Graduate Nurse Education Demonstration
established under section 5509 of the Patient
Protection and Affordable Care Act (Public Law 111-
148), increased or decreased by the percentage change
in the consumer price index for all urban consumers
(all items; United States city average) from the last
year of the Graduate Nurse Education Demonstration
established under section 5509 for which such data is
available to the June preceding such first year of the
program under this section; and
``(B) for a subsequent year, the amount determined
under this paragraph for the preceding year, increased
or decreased by the percentage change in the consumer
price index for all urban consumers (all items; United
States city average) for the 12-month period ending
with June of the previous year.
``(d) Annual Reporting Required .--
``(1) Reduction in payment for failure to report.--
``(A) In general.--The amount payable under this
section to an eligible hospital shall be reduced by 25
percent if the Secretary determines that--
``(i) the hospital has failed to provide
the Secretary the report required under
paragraph (2) for the year; or
``(ii) such report fails to provide the
information required under any subparagraph of
such paragraph.
``(B) Notice and opportunity to provide missing
information.--Before imposing a reduction under
subparagraph (A) on the basis of a hospital's failure
to provide information described in subparagraph
(A)(ii), the Secretary shall provide notice to the
hospital of such failure and the Secretary's intention
to impose such reduction and shall provide the hospital
with the opportunity to provide the required
information within a period of 30 days beginning on the
date of such notice. If the hospital provides such
information within such period, no reduction shall be
made under subparagraph (A) on the basis of the
previous failure to provide such information.
``(C) Limitation.--In the case where the amount
payable under this section to an eligible hospital is
reduced pursuant to subparagraph (A), the eligible
hospital may not make any corresponding reductions in
payment to eligible partners.
``(2) Annual report.--The report required under this
paragraph for an eligible hospital for a year is a report that
includes (in a form and manner specified by the Secretary) the
following information for the academic year completed
immediately prior to such year:
``(A) The types of qualified clinical education
provided to advanced practice registered nurses under
the program.
``(B) The type and number of academic or practice
partnerships established as a result of working
together in a Graduate Nurse Education (GNE) Hub.
``(C) The number of advanced practice registered
nurse students receiving qualified clinical education
through the eligible hospital under the program.
``(D) Any changes in qualified clinical education
made during such academic year (except that the first
report submitted by the eligible hospital under this
paragraph shall be for such changes since the first
year in which the hospital received payment under this
section), including--
``(i) changes in curricula, clinical
education experiences, and types of clinical
education, and benefits that have resulted from
such changes; and
``(ii) changes for purposes of measuring
and improving the quality and safety of patient
care.
``(E) The numbers of advanced practice registered
nurses who graduated from their program at the end of
such academic year and care for individuals within the
borders of the service area of the hospital or within
the borders of the State in which the hospital is
located.
``(F) The number of patients treated by advanced
practice registered nurses under the program.
``(G) The number of visits by patients treated by
such advanced practice registered nurses.
``(H) Of the number of advanced practice registered
nurses who graduated from their program at the end of
such academic year, the number and percentage of such
advanced practice registered nurses who entered
practice at a health care facility--
``(i) primarily serving a health
professional shortage area with a designation
in effect under section 332 of the Public
Health Service Act or a medically underserved
community (as defined in section 799B of such
Act); or
``(ii) located in a rural area (as defined
in section 1886(d)(2)(D)).
``(I) Other information as deemed appropriate by
the Secretary.
``(3) Report to congress.--Not later than 2 years after the
date of the enactment of this section, the Secretary shall
submit to Congress a report--
``(A) summarizing the information submitted in
reports to the Secretary under paragraph (2);
``(B) describing the results of the program carried
out under this section; and
``(C) making recommendations for improvements to
the program.
``(e) Funding.--For purposes of carrying the program under this
section, the Secretary shall provide for the transfer, from the Federal
Hospital Insurance Trust Fund under section 1817 and the Federal
Supplementary Medical Insurance Trust Fund under section 1841, in such
proportion as the Secretary determines appropriate, of such sums as the
Secretary determines necessary, to the Centers for Medicare & Medicaid
Services Program Management Account.
``(f) Definitions.--In this section:
``(1) Advanced practice registered nurse.--The term
`advanced practice registered nurse' includes the following:
``(A) A clinical nurse specialist (as defined in
subsection (aa)(5) of section 1861.
``(B) A nurse practitioner (as defined in such
subsection).
``(C) A certified registered nurse anesthetist (as
defined in subsection (bb)(2) of such section).
``(D) A certified nurse-midwife (as defined in
subsection (gg)(2) of such section).
``(2) Applicable non-hospital community-based care
setting.--The term `applicable non-hospital community-based
care setting' means a non-hospital community-based care setting
which has entered into a written agreement (as described in
subsection (b)(1)) with the eligible hospital participating in
the program. Such settings include Federally qualified health
centers, rural health clinics, nurse managed clinics,
ambulatory practices (including retail clinics), accountable
care organizations, physician or practitioner offices, schools,
nursing homes, hospice programs, long-term care facilities,
home health agencies, and other non-hospital settings as
determined appropriate by the Secretary.
``(3) Applicable school of nursing.--The term `applicable
school of nursing' means an accredited school of nursing (as
defined in section 801 of the Public Health Service Act) which
has entered into a written agreement (as described in
subsection (b)(1)) with the eligible hospital participating in
the program.
``(4) Program.--The term `program' means the graduate nurse
education program established under subsection (a).
``(5) Eligible hospital.--The term `eligible hospital'
means a hospital (as defined in subsection (e) of section 1861)
or a critical access hospital (as defined in subsection (mm)(1)
of such section) that has a written agreement in place with--
``(A) 1 or more applicable schools of nursing; and
``(B) 2 or more applicable non-hospital community-
based care settings.
``(6) Eligible partners.--The term `eligible partners'
includes the following:
``(A) An applicable school of nursing.
``(B) A hospital or health system in a regional
area.
``(C) An applicable non-hospital community-based
care setting.
``(7) Qualified clinical education.--
``(A) In general.--The term `qualified clinical
education' means education--
``(i) that provides an advanced practice
registered nurse with the clinical skills
necessary to provide primary care, preventive
care, transitional care, acute care, chronic
care management, and other services appropriate
for individuals entitled to, or enrolled for,
benefits under part A, or enrolled under part
B; and
``(ii) subject to subparagraph (B), at
least half of which is provided in a non-
hospital community-based care setting.
``(B) Waiver of requirement half of qualified
education be provided in non-hospital community-based
care setting in certain areas.--The Secretary may waive
the requirement under subparagraph (A)(ii) with respect
to eligible hospitals located in rural or medically
underserved areas.''.
<all>
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118S1587 | Protecting Taxpayers and Victims of Unemployment Fraud Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1587 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1587
To provide incentives for States to recover fraudulently paid Federal
and State unemployment compensation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Crapo (for himself, Mr. Risch, Mr. Marshall, Mr. Braun, Mrs.
Capito, Mr. Thune, Mr. Scott of Florida, Mr. Romney, Mr. Barrasso, Mr.
Budd, Mrs. Blackburn, Mr. Kennedy, Mr. Young, Mr. Cassidy, and Ms.
Collins) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide incentives for States to recover fraudulently paid Federal
and State unemployment compensation, and for other 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 ``Protecting
Taxpayers and Victims of Unemployment Fraud Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Recovering Federal fraudulent COVID unemployment compensation
payments.
Sec. 3. Permissible uses of unemployment fund for program
administration.
Sec. 4. Preventing unemployment compensation fraud through data
matching.
Sec. 5. Extension of emergency State staffing flexibility.
Sec. 6. Fraud enforcement harmonization.
Sec. 7. Budget offset.
Sec. 8. State fund contingency.
SEC. 2. RECOVERING FEDERAL FRAUDULENT COVID UNEMPLOYMENT COMPENSATION
PAYMENTS.
(a) Allowing States To Retain Percentage of Overpayments for
Program Integrity.--
(1) Pandemic unemployment assistance.--Section 2102(d)(4)
of the CARES Act (15 U.S.C. 9021(d)(4)) is amended to read as
follows:
``(4) Fraud and overpayments.--Section 2107(e) shall apply
with respect to pandemic unemployment assistance under this
section by substituting `pandemic unemployment assistance' for
`pandemic emergency unemployment compensation' each place it
appears in such section 2107(e).''.
(2) Federal pandemic unemployment compensation.--Section
2104(f)(3) of such Act (15 U.S.C. 9023(f)(3)) is amended--
(A) in subparagraph (A)--
(i) by striking ``3-year'' and inserting
``10-year''; and
(ii) by inserting ``, except that a State
may retain a percentage of any amounts
recovered as described in subparagraph (C)''
before the period at the end; and
(B) by adding at the end the following new
subparagraph:
``(C) Retention of percentage of recovered funds.--
The State agency may retain 25 percent of any amount
recovered from overpayments of Federal Pandemic
Unemployment Compensation or Mixed Earner Unemployment
Compensation that were determined to be made due to
fraud. Amounts so retained by the State agency shall be
used for any of following:
``(i) Modernizing unemployment compensation
systems and information technology to improve
identity verification and validation of
applicants.
``(ii) Reimbursement of administrative
costs incurred by the State to identify and
pursue recovery of fraudulent overpayments.
``(iii) Hiring fraud investigators and
prosecutors.
``(iv) Other program integrity activities
as determined by the State.''.
(3) Pandemic emergency unemployment compensation.--Section
2107(e)(3) of the CARES Act (15 U.S.C. 9025(e)(3)) is amended--
(A) in subparagraph (A)--
(i) by striking ``3-year'' and inserting
``10-year''; and
(ii) by inserting ``, except that a State
may retain a percentage of any amounts
recovered as described in subparagraph (C)''
before the period at the end; and
(B) by adding at the end the following new
subparagraph:
``(C) Retention of percentage of recovered funds.--
The State agency may retain 25 percent of any amount
recovered from overpayments of pandemic emergency
unemployment compensation that were determined to be
made due to fraud. Amounts so retained by the State
agency shall be used for any of following:
``(i) Modernizing unemployment compensation
systems and information technology to improve
identity verification and validation of
applicants.
``(ii) Reimbursement of administrative
costs incurred by the State to identify and
pursue recovery of fraudulent overpayments.
``(iii) Hiring fraud investigators and
prosecutors.
``(iv) Other program integrity activities
as determined by the State.''.
(4) Extended unemployment compensation.--A State to which
section 4105 of the Families First Coronavirus Response Act (26
U.S.C. 3304 note) applied may retain 25 percent of any amount
recovered from overpayments of sharable extended compensation
and sharable regular compensation (as such terms are defined in
section 204 of the Federal-State Extended Unemployment
Compensation Act of 1970) paid for weeks of unemployment
described in such section 4105 that were determined to be made
due to fraud. Amounts so retained by the State agency shall be
used for any of the purposes described in section 2107(e)(3)(C)
of the CARES Act (15 U.S.C. 9025(e)(3)(C)).
(5) First week of regular compensation.--A State that was a
party to an agreement under section 4105 of the CARES Act (15
U.S.C. 9024) may retain 25 percent of any amount recovered from
overpayments of regular compensation paid to individuals by the
State for their first week of regular unemployment for which
the State received full Federal funding under such agreement in
any case in which such overpayments were determined to be made
due to fraud. Amounts so retained by the State agency shall be
used for any of the purposes described in section 2107(e)(3)(C)
of the CARES Act (15 U.S.C. 9025(e)(3)(C)).
(b) Treatment Under Withdrawal Standard and Immediate Deposit
Requirements.--Any amount retained by a State pursuant to paragraph (4)
or (5) of subsection (a) or under section 2102(d)(4), section
2104(f)(3)(C), or section 2107(e)(3)(C) of the CARES Act, and used for
the purposes described therein, shall not be considered to violate the
withdrawal standard and immediate deposit requirements of paragraph (4)
or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a))
or paragraph (3) or (4) of section 3304(a) of the Internal Revenue Code
of 1986.
(c) Limitation on Retention Authority.--The authority of a State to
retain any amount pursuant to paragraph (4) or (5) of subsection (a)
and under section 2102(d)(4), section 2104(f)(3)(C), and section
2107(e)(3)(C) of the CARES Act shall apply only--
(1) with respect to an amount recovered on or after the
date of the enactment of this Act; and
(2) during the 10-year period beginning on the date on
which such amount was received by an individual not entitled to
such amount.
SEC. 3. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM
ADMINISTRATION.
(a) Withdrawal Standard in the Internal Revenue Code.--Section
3304(a)(4) of the Internal Revenue Code of 1986 is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (G) the following new
subparagraphs:
``(H) provided the certifications made by the State
as described in section 4 of the Protecting Taxpayers
and Victims of Unemployment Fraud Act are in effect at
the time of approval of the State law under this
subsection, an amount, not to exceed 5 percent, of any
overpayment of compensation recovered by the State
(other than an overpayment made as the result of agency
error) may, immediately following the State's receipt
of such recovered amount, be deposited in a State fund
from which money may be withdrawn for--
``(i) the payment of costs of deterring,
detecting, and preventing improper payments;
``(ii) purposes relating to the proper
classification of employees and the provisions
of State law implementing section 303(k) of the
Social Security Act;
``(iii) the payment to the Secretary of the
Treasury to the credit of the account of the
State in the Unemployment Trust Fund;
``(iv) modernizing the State's unemployment
insurance technology infrastructure; or
``(v) otherwise assisting the State in
improving the timely and accurate
administration of the State's unemployment
compensation law; and
``(I) provided the certifications made by the State
as described in section 4 of the Protecting Taxpayers
and Victims of Unemployment Fraud Act are in effect at
the time of approval of the State law under this
subsection, an amount, not to exceed 5 percent, of any
payments of contributions, or payments in lieu of
contributions, that are collected as a result of an
investigation and assessment by the State agency may,
immediately following receipt of such payments, be
deposited in a State fund from which moneys may be
withdrawn for the purposes specified in subparagraph
(H);''.
(b) Definition of Unemployment Fund.--Section 3306(f) of the
Internal Revenue Code of 1986 is amended by striking ``and for refunds
of sums'' and all that follows and inserting ``, except as otherwise
provided in section 3304(a)(4), section 303(a)(5) of the Social
Security Act, or any other provision of Federal unemployment
compensation law.''.
(c) Withdrawal Standard in Social Security Act.--Section 303(a)(5)
of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking
``and for refunds of sums'' and all that follows and inserting ``except
as otherwise provided in this section, section 3304(a)(4) of the
Internal Revenue Code of 1986, or any other provisions of Federal
unemployment compensation law; and''.
(d) Immediate Deposit Requirements in the Internal Revenue Code.--
Section 3304(a)(3) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(3) all money received in the unemployment fund shall
immediately upon such receipt be paid over to the Secretary of
the Treasury to the credit of the Unemployment Trust Fund
established by section 904 of the Social Security Act (42
U.S.C. 1104), except for--
``(A) refunds of sums improperly paid into such
fund;
``(B) refunds paid in accordance with the
provisions of section 3305(b); and
``(C) amounts deposited in a State fund in
accordance with subparagraph (H) or (I) of paragraph
(4);''.
(e) Immediate Deposit Requirement in Social Security Act
Requirement.--Section 303(a)(4) of the Social Security Act (42 U.S.C.
503(a)(4)) is amended by striking the parenthetical and inserting
``(except as otherwise provided in this section, section 3304(a)(3) of
the Internal Revenue Code of 1986, or any other provisions of Federal
unemployment compensation law)''.
(f) Application to Federal Payments.--When administering any
Federal program providing compensation (as defined in section 3306 of
the Internal Revenue Code of 1986), the State shall use the authority
provided under subparagraphs (H) and (I) of section 3304(a)(4) of such
Code in the same manner as such authority is used with respect to
improper payments made under the State unemployment compensation law.
With respect to improper Federal payments recovered consistent with the
authority under subparagraphs (H) and (I) of such section, the State
shall immediately deposit the same percentage of the recovered payments
into the same State fund as provided in the State law implementing that
section.
(g) Effective Date.--The amendments made by this section shall
apply to overpayments or payments or contributions (or payments in lieu
of contributions) that are collected as a result of an investigation
and assessment by the State agency after the end of the 2-year period
beginning on the date of the enactment of this Act, except that nothing
in this section shall be interpreted to prevent a State from amending
its law before the end of the 2-year period beginning on the date of
the enactment of this Act.
SEC. 4. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA
MATCHING.
(a) In General.--As a condition for the eligibility of a State to
implement the exceptions to the withdrawal standard described in
subparagraphs (H) and (I) of section 3304(a)(4) of the Internal Revenue
Code, the State shall certify each of the following:
(1) Integrity data hub.--The State uses the system
designated by the Secretary of Labor (or another system at the
discretion of the State) for cross-matching claimants of
unemployment compensation to prevent and detect fraud and
improper payments.
(2) Use of fraud prevention and detection systems.--The
State has established procedures to do the following:
(A) National directory of new hires.--Use the
National Directory of New Hires established under
section 453(i) of the Social Security Act--
(i) to compare information in such
Directory against information about individuals
claiming unemployment compensation to identify
any such individuals who may have become
employed;
(ii) to take timely action to verify
whether the individuals identified pursuant to
clause (i) are employed; and
(iii) upon verification pursuant to clause
(ii), to take appropriate action to suspend or
modify unemployment compensation payments, and
to initiate recovery of any improper payments
that have been made.
(B) State information data exchange system.--Use
the State Information Data Exchange System (or another
system at the discretion of the State) to facilitate
employer responses to requests for information from
State workforce agencies.
(C) Incarcerated individuals.--Seek information
from the Commissioner of Social Security under sections
202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii) of the Social
Security Act, or from such other sources as the State
agency determines appropriate, to obtain the
information necessary to carry out the provisions of a
State law under which an individual who is confined in
a jail, prison, or other penal institution or
correctional facility is ineligible for unemployment
compensation on account of such individual's inability
to satisfy the requirement under section 303(a)(12) of
such Act.
(D) Deceased individuals.--Compare information of
individuals claiming unemployment compensation against
the information regarding deceased individuals
furnished to or maintained by the Commissioner of
Social Security under section 205(r) of the Social
Security Act.
(b) Unemployment Compensation.--For the purposes of this section,
any reference to unemployment compensation shall be considered to refer
to compensation as defined in section 3306 of the Internal Revenue Code
of 1986.
SEC. 5. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY.
If a State modifies its unemployment compensation law and policies
with respect to personnel standards on a merit basis on an emergency
temporary basis as determined by the Secretary, including for
detection, pursuit, and recovery of fraudulent overpayments under
Federal pandemic unemployment compensation programs authorized under
the CARES Act (15 U.S.C. 9021 et seq.), subject to the succeeding
sentence, such modifications shall be disregarded for the purposes of
applying section 303 of the Social Security Act (42 U.S.C. 503) and
section 3304 of the Internal Revenue Code of 1986 to such State law.
Such modifications may continue through December 31, 2030.
SEC. 6. FRAUD ENFORCEMENT HARMONIZATION.
Notwithstanding any other provision of law, any criminal charge or
civil enforcement action alleging that an individual engaged in fraud
with respect to compensation (as defined in section 3306 of the
Internal Revenue Code of 1986) shall be filed not later than 10 years
after the offense was committed.
SEC. 7. BUDGET OFFSET.
Section 2118 of the CARES Act (15 U.S.C. 9034) is repealed.
SEC. 8. STATE FUND CONTINGENCY.
Subject to appropriations, the unobligated balance as of the day
before the date of enactment of this Act of amounts made available
under section 2118 of the CARES Act (15 U.S.C. 9034) shall be
transferred to the Secretary of the Treasury and periodically credited,
on an as-needed basis, to the appropriate State account in the
Unemployment Trust Fund established by section 904 of the Social
Security Act (42 U.S.C. 1104) in an amount that replaces the amount
deposited by a State in a State fund in accordance with subparagraph
(H) or (I) of section 3304(a)(4) of the Internal Revenue Code of 1986
(as amended by section 3(a) of this Act) if the amount in such State
account is less than the amount that would be in such State account if
such subparagraphs had not been enacted.
<all>
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118S1588 | Respect for Grieving Military Families Act | [
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1588 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1588
To amend title 10, United States Code, to direct the forgiveness or
offset of an overpayment of retired pay paid to a joint account for a
period after the death of the retired member of the Armed Forces.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Cornyn (for himself and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to direct the forgiveness or
offset of an overpayment of retired pay paid to a joint account for a
period after the death of the retired member of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respect for Grieving Military
Families Act''.
SEC. 2. FORGIVENESS OR OFFSET OF OVERPAYMENT OF RETIRED PAY PAID TO A
JOINT ACCOUNT FOR A PERIOD AFTER THE DEATH OF THE RETIRED
MEMBER OF THE ARMED FORCES.
(a) When Payment Deposited to Joint Account.--Section 2771 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(e) In the case of overpayment of retired or retainer pay,
arising from payment of such retired or retainer pay for any period
after the date of the death of a recipient through the last day of the
month in which such death occurs, if such payment is electronically
deposited in an accredited financial institution to a joint account
bearing the name of the decedent and another individual who is the
decedent's designated beneficiary under subsection (a)(1), the
Secretary of Defense--
``(1) if the decedent is an individual to whom section 1448
of this title applies, shall elect to--
``(A) forgive the overpayment on behalf of the
United States; or
``(B) offset the overpayment pursuant to section
1450(n) of this title; or
``(2) if the decedent is not an individual to whom section
1448 of this title applies, shall forgive the overpayment on
behalf of the United States.''.
(b) Coordination With Survivor Benefit Plan.--Section 1450 of title
10, United States Code, is amended--
(1) in subsection (a), by inserting ``, or that applies
under subsection (n)'' after ``under subsection (j)''; and
(2) by adding at the end the following new subsection:
``(n) Special Rule in Case of Certain Final Retired Pay
Overpayment.--In a case described in section 2771(e) of this title, if
the individual described in that subsection other than the decedent is
the beneficiary of the decedent under the Plan, each of the first 12
payments, following the death of the decedent, of the annuity payable
to the decedent's beneficiary under the Plan, shall be reduced by one-
twelfth of such overpayment.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to payments made to persons who die on or after the
date of the enactment of this Act.
<all>
</pre></body></html>
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118S1589 | Safeguarding Patients and Taxpayers Act | [
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"sponsor"
],
[
"M000355",
"Sen. McConnell, Mitch [R-KY]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1589 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1589
To provide for transparency of funds appropriated for purposes of
implementing part E of title XI of the Social Security Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Tillis (for himself, Mr. McConnell, Mr. Crapo, Mr. Daines, and Mrs.
Blackburn) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for transparency of funds appropriated for purposes of
implementing part E of title XI of the Social Security 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 ``Safeguarding Patients and Taxpayers
Act''.
SEC. 2. OVERSIGHT OF USE OF IMPLEMENTATION FUNDING FOR DRUG PRICE
NEGOTIATION PROGRAM.
Part E of title XI of the Social Security Act (42 U.S.C. 1320f) is
amended by adding at the end the following new section:
``SEC. 1199. REPORTS ON USE OF IMPLEMENTATION FUNDING.
``(a) Reports.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section and not less frequently than
annually thereafter for as long as funding is available under
section 11004 of Public Law 117-169, the Secretary shall submit
to the Committees on Energy and Commerce, Ways and Means, and
Appropriations of the House of Representatives and the
Committees on Finance and Appropriations of the Senate a
comprehensive report on the amounts expended, the use of such
funds, and the projected and actual unused funds, from amounts
appropriated under such section 11004 during the preceding
year. Each report under this subsection shall include--
``(A) any relevant information with respect to
contracting relationships and entities, including
associated contracts, criteria for selection of
contracts, and procedures for monitoring the use of
funds and compliance with program requirements by
contractors and subcontractors;
``(B) a description of efforts the Secretary has
undertaken to prevent fraud, waste, and abuse related
to accessing maximum fair prices, including any
violations involving entities or individuals not
eligible to have access to the maximum fair price for a
selected drug, violations related to dispensing or
administering a selected drug to an individual who is
not a maximum fair price eligible individual, and
violations of duplicate discounts such as the
nonduplication provisions under section 1193(d);
``(C) the identification of any entity the
Secretary is contracting with to implement the program,
the extent to which contractors conduct health
technology assessments, the types of clinical and
economic outcomes and standards used in such
assessments, and the use of such assessments by the
Secretary;
``(D) a description of the average amount of funds,
full-time equivalent employees, and contractor staffing
and support expended under the program for negotiation
of the final maximum fair price established for a
selected drug, including a breakdown of expenditures
dedicated to employees as well as to contractors, and
how those expenditures are apportioned across various
activities;
``(E) the amount expended on development and
maintenance of a data confidentiality policy for
proprietary data as required under section 1193(c);
``(F) the amount expended on conducting research
and analysis or evaluating data and research from
external sources, including external stakeholders;
``(G) the amount expended to establish and maintain
safeguards to prevent fraud, waste, and abuse in the
program as described in paragraph (B); and
``(H) the amount of staff time and funds expended
under the program on resolving disputes with
manufacturers or other stakeholders over the accuracy
of data used by the Secretary and how such data is
interpreted by the Secretary.
``(2) Limitation.--The Secretary shall ensure that reports
under paragraph (1) do not disclose trade secrets or other
proprietary information.
``(b) Limitation on Use of Funding.--Except as otherwise provided
in this part, none of the funds provided under section 11004 of Public
Law 117-169 shall be available for obligation or expenditure through a
reprogramming or transfer of funds that--
``(1) creates a new program;
``(2) eliminates a program, project, or activity;
``(3) increases funds or personnel for any program,
project, or activity for which funds have been denied or
restricted by the Congress;
``(4) proposes to use funds directed for a specific
activity by this part for a different purpose;
``(5) creates or reorganizes offices, programs, or
activities not otherwise authorized under such section 11004;
or
``(6) tests a model under section 1115A.
``(c) Use of Existing Funding for Reports.--The Secretary shall use
funds appropriated under section 11004 of Public Law 117-169 to carry
out subsection (a).''.
<all>
</pre></body></html>
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118S159 | Human Trafficking Survivor Tax Relief Act | [
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"sponsor"
],
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"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
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"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
]
] | <p><b>Human Trafficking Survivor Tax Relief Act</b></p> <p>This bill excludes from gross income, for income tax purposes, any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) awarded pursuant to an order of mandatory restitution or in a criminal proceeding for peonage, slavery, or human trafficking.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 159 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 159
To amend the Internal Revenue Code of 1986 to provide an exemption from
gross income for mandatory restitution or civil damages as recompense
for trafficking in persons.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cornyn (for himself, Mr. Wyden, Mr. Lankford, and Ms. Sinema)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide an exemption from
gross income for mandatory restitution or civil damages as recompense
for trafficking in persons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Trafficking Survivor Tax
Relief Act''.
SEC. 2. EXEMPTING FROM FEDERAL INCOME TAXATION RESTITUTION AND CIVIL
DAMAGES AWARDED UNDER SECTIONS 1593 AND 1595 OF TITLE 18,
UNITED STATES CODE.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139J. CERTAIN AMOUNT RECEIVED AS RESTITUTION OR CIVIL DAMAGES AS
RECOMPENSE FOR TRAFFICKING IN PERSONS.
``(a) Exclusion From Gross Income.--Gross income shall not include
any civil damages, restitution, or other monetary award (including
compensatory or statutory damages and restitution imposed in a criminal
matter) awarded--
``(1) pursuant to an order of restitution under section
1593 of title 18, United States Code, or
``(2) in an action under section 1595 of title 18, United
States Code.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting before the item relating to section 140 the
following new item:
``Sec. 139J. Certain amount received as restitution or civil damages as
recompense for trafficking in persons.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
</pre></body></html>
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118S1590 | Justice for ALS Veterans Act of 2023 | [
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
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"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1590 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1590
To amend title 38, United States Code, to extend increased dependency
and indemnity compensation paid to surviving spouses of veterans who
die from amyotrophic lateral sclerosis, regardless of how long the
veterans had such disease prior to death, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Coons (for himself, Ms. Murkowski, Mr. Whitehouse, and Mr. Rounds)
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 extend increased dependency
and indemnity compensation paid to surviving spouses of veterans who
die from amyotrophic lateral sclerosis, regardless of how long the
veterans had such disease prior to death, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for ALS Veterans Act of
2023''.
SEC. 2. EXTENSION OF INCREASED DEPENDENCY AND INDEMNITY COMPENSATION TO
SURVIVING SPOUSES OF VETERANS WHO DIE FROM AMYOTROPHIC
LATERAL SCLEROSIS.
(a) Extension.--Section 1311(a)(2) of title 38, United States Code,
is amended--
(1) by inserting ``(A)'' before ``The rate''; and
(2) by adding at the end the following new subparagraph:
``(B) A veteran whom the Secretary determines died from amyotrophic
lateral sclerosis shall be treated as a veteran described in
subparagraph (A) without regard for how long the veteran had such
disease prior to death.''.
(b) Applicability.--Subparagraph (B) of section 1311(a)(2) of title
38, United States Code, as added by subsection (a), shall apply to a
veteran who dies from amyotrophic lateral sclerosis on or after October
1, 2022.
<all>
</pre></body></html>
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118S1591 | Domestic Terrorism Prevention Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1591 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1591
To authorize dedicated domestic terrorism offices within the Department
of Homeland Security, the Department of Justice, and the Federal Bureau
of Investigation to analyze and monitor domestic terrorist activity and
require the Federal Government to take steps to prevent domestic
terrorism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Durbin (for himself, Ms. Baldwin, Mr. Menendez, Mrs. Murray, Mr.
Cardin, Mrs. Gillibrand, Mr. Whitehouse, Mr. Murphy, Mr. Schatz, Ms.
Cantwell, and Ms. Cortez Masto) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize dedicated domestic terrorism offices within the Department
of Homeland Security, the Department of Justice, and the Federal Bureau
of Investigation to analyze and monitor domestic terrorist activity and
require the Federal Government to take steps to prevent domestic
terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Terrorism Prevention Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Director'' means the Director of the Federal
Bureau of Investigation;
(2) the term ``domestic terrorism'' has the meaning given
the term in section 2331 of title 18, United States Code;
(3) the term ``Domestic Terrorism Executive Committee''
means the committee within the Department of Justice tasked
with assessing and sharing information about ongoing domestic
terrorism threats;
(4) the term ``hate crime incident'' means an act described
in section 241, 245, 247, or 249 of title 18, United States
Code, or in section 901 of the Civil Rights Act of 1968 (42
U.S.C. 3631);
(5) the term ``Secretary'', except as otherwise provided,
means the Secretary of Homeland Security; and
(6) the term ``uniformed services'' has the meaning given
the term in section 101(a) of title 10, United States Code.
SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM.
(a) Authorization of Offices To Monitor, Analyze, Investigate, and
Prosecute Domestic Terrorism.--
(1) Domestic terrorism unit.--There is authorized a
Domestic Terrorism Unit in the Office of Intelligence and
Analysis of the Department of Homeland Security, which shall be
responsible for monitoring and analyzing domestic terrorism
activity.
(2) Domestic terrorism office.--There is authorized a
Domestic Terrorism Office in the Counterterrorism Section of
the National Security Division of the Department of Justice--
(A) which shall be responsible for investigating
and prosecuting incidents of domestic terrorism;
(B) which shall be headed by the Domestic Terrorism
Counsel; and
(C) which shall coordinate with the Civil Rights
Division on domestic terrorism matters that may also be
hate crime incidents.
(3) Domestic terrorism section of the fbi.--There is
authorized a Domestic Terrorism Section within the
Counterterrorism Division of the Federal Bureau of
Investigation, which shall be responsible for investigating
domestic terrorism activity.
(4) Staffing.--The Secretary, the Attorney General, and the
Director shall each ensure that each office authorized under
this section in their respective agencies shall--
(A) have an adequate number of employees to perform
the required duties;
(B) have not less than one employee dedicated to
ensuring compliance with civil rights and civil
liberties laws and regulations; and
(C) require that all employees undergo annual anti-
bias training.
(5) Sunset.--The offices authorized under this subsection
shall terminate on the date that is 10 years after the date of
enactment of this Act.
(b) Joint Report on Domestic Terrorism.--
(1) Biannual report required.--Not later than 180 days
after the date of enactment of this Act, and each 6 months
thereafter for the 10-year period beginning on the date of
enactment of this Act, the Secretary, the Attorney General, and
the Director shall submit a joint report authored by the
domestic terrorism offices authorized under paragraphs (1),
(2), and (3) of subsection (a) to--
(A) the Committee on the Judiciary, the Committee
on Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an assessment of the domestic terrorism threat
posed by White supremacists and neo-Nazis, including
White supremacist and neo-Nazi infiltration of Federal,
State, and local law enforcement agencies and the
uniformed services;
(B)(i) in the first report, an analysis of
incidents or attempted incidents of domestic terrorism
that have occurred in the United States since April 19,
1995, including any White-supremacist-related incidents
or attempted incidents; and
(ii) in each subsequent report, an analysis of
incidents or attempted incidents of domestic terrorism
that occurred in the United States during the preceding
6 months, including any White-supremacist-related
incidents or attempted incidents;
(C) a quantitative analysis of domestic terrorism
for the preceding 6 months, including--
(i) the number of--
(I) domestic terrorism related
assessments initiated by the Federal
Bureau of Investigation, including the
number of assessments from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism;
(II) domestic terrorism-related
preliminary investigations initiated by
the Federal Bureau of Investigation,
including the number of preliminary
investigations from each classification
and subcategory, with a specific
classification or subcategory for those
related to White supremacism, and how
many preliminary investigations
resulted from assessments;
(III) domestic terrorism-related
full investigations initiated by the
Federal Bureau of Investigation,
including the number of full
investigations from each classification
and subcategory, with a specific
classification or subcategory for those
related to White supremacism, and how
many full investigations resulted from
preliminary investigations and
assessments;
(IV) domestic terrorism-related
incidents, including the number of
incidents from each classification and
subcategory, with a specific
classification or subcategory for those
related to White supremacism, the
number of deaths and injuries resulting
from each incident, and a detailed
explanation of each incident;
(V) Federal domestic terrorism-
related arrests, including the number
of arrests from each classification and
subcategory, with a specific
classification or subcategory for those
related to White supremacism, and a
detailed explanation of each arrest;
(VI) Federal domestic terrorism-
related indictments, including the
number of indictments from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism,
and a detailed explanation of each
indictment;
(VII) Federal domestic terrorism-
related prosecutions, including the
number of incidents from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism,
and a detailed explanation of each
prosecution;
(VIII) Federal domestic terrorism-
related convictions, including the
number of convictions from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism,
and a detailed explanation of each
conviction; and
(IX) Federal domestic terrorism-
related weapons recoveries, including
the number of each type of weapon and
the number of weapons from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism;
and
(ii) an explanation of each individual case
that progressed through more than 1 of the
stages described under clause (i)--
(I) including the specific
classification or subcategory for each
case; and
(II) not including personally
identifiable information not otherwise
releasable to the public; and
(D) certification that each of the assessments and
investigations described under subparagraph (C) are in
compliance with all applicable civil rights and civil
liberties laws and regulations.
(3) Hate crimes.--In compiling a joint report under this
subsection, the domestic terrorism offices authorized under
paragraphs (1), (2), and (3) of subsection (a) shall, in
consultation with the Civil Rights Division of the Department
of Justice and the Civil Rights Unit of the Federal Bureau of
Investigation, review each Federal hate crime charge and
conviction during the preceding 6 months to determine whether
the incident also constitutes a domestic terrorism-related
incident.
(4) Classification and public release.--Each report
submitted under paragraph (1) shall be--
(A) unclassified, to the greatest extent possible,
with a classified annex only if necessary; and
(B) in the case of the unclassified portion of the
report, posted on the public websites of the Department
of Homeland Security, the Department of Justice, and
the Federal Bureau of Investigation.
(5) Nonduplication.--If two or more provisions of this
subsection or any other law impose requirements on an agency to
report or analyze information on domestic terrorism that are
substantially similar, the agency may produce one report that
complies with each such requirement as fully as possible.
(c) Domestic Terrorism Executive Committee.--There is authorized a
Domestic Terrorism Executive Committee, which shall meet on a regular
basis, and not less regularly than 4 times each year, to coordinate
with United States Attorneys and other key public safety officials
across the United States to promote information sharing and ensure an
effective, responsive, and organized joint effort to combat domestic
terrorism.
(d) Focus on Greatest Threats.--The domestic terrorism offices
authorized under paragraphs (1), (2), and (3) of subsection (a) shall
focus their limited resources on the most significant domestic
terrorism threats, as determined by the number of domestic terrorism-
related incidents from each category and subclassification in the joint
report for the preceding 6 months required under subsection (b).
SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM.
(a) Required Training and Resources.--The Secretary, the Attorney
General, and the Director shall review the anti-terrorism training and
resource programs of their respective agencies that are provided to
Federal, State, local, and Tribal law enforcement agencies, including
the State and Local Anti-Terrorism Program that is funded by the Bureau
of Justice Assistance of the Department of Justice, and ensure that
such programs include training and resources to assist State, local,
and Tribal law enforcement agencies in understanding, detecting,
deterring, and investigating acts of domestic terrorism and White
supremacist and neo-Nazi infiltration of law enforcement and
corrections agencies. The Attorney General shall make training
available to Department prosecutors and to Assistant United States
Attorneys on countering and prosecuting domestic terrorism. The
domestic-terrorism training shall focus on the most significant
domestic terrorism threats, as determined by the quantitative analysis
in the joint report required under section 3(b).
(b) Requirement.--Any individual who provides domestic terrorism
training required under this section shall have--
(1) expertise in domestic terrorism; and
(2) relevant academic, law enforcement, or other community-
based experience in matters related to domestic terrorism.
(c) Report.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act and twice each year thereafter, the
Secretary, the Attorney General, and the Director shall each
submit a biannual report to the committees of Congress
described in section 3(b)(1) on the domestic terrorism training
implemented by their respective agencies under this section,
which shall include copies of all training materials used and
the names and qualifications of the individuals who provide the
training.
(2) Classification and public release.--Each report
submitted under paragraph (1) shall--
(A) be unclassified, to the greatest extent
possible, with a classified annex only if necessary;
(B) in the case of the unclassified portion of each
report, be posted on the public website of the
Department of Homeland Security, the Department of
Justice, and the Federal Bureau of Investigation; and
(C) include the number of Federal incidents,
investigations, arrests, indictments, prosecutions, and
convictions with respect to a false report of domestic
terrorism or hate crime incident.
SEC. 5. INTERAGENCY TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, the Director, the
Secretary, and the Secretary of Defense shall establish an interagency
task force to analyze and combat White supremacist and neo-Nazi
infiltration of the uniformed services and Federal law enforcement
agencies.
(b) Report.--
(1) In general.--Not later than 1 year after the
interagency task force is established under subsection (a), the
Attorney General, the Secretary, and the Secretary of Defense
shall submit a joint report on the findings of the task force
and the response of the Attorney General, the Secretary, and
the Secretary of Defense to such findings, to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(H) the Committee on Armed Services of the House of
Representatives.
(2) Classification and public release.--The report
submitted under paragraph (1) shall be--
(A) submitted in unclassified form, to the greatest
extent possible, with a classified annex only if
necessary; and
(B) in the case of the unclassified portion of the
report, posted on the public website of the Department
of Defense, the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation.
SEC. 6. FEDERAL SUPPORT FOR ADDRESSING HATE CRIME INCIDENTS WITH A
NEXUS TO DOMESTIC TERRORISM.
(a) Community Relations Service.--The Community Relations Service
of the Department of Justice, authorized under section 1001(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000g), may offer the support of
the Service to communities where the Department of Justice has brought
charges in a hate crime incident that has a nexus to domestic
terrorism.
(b) Federal Bureau of Investigation.--Section 249 of title 18,
United States Code, is amended by adding at the end the following:
``(f) Federal Bureau of Investigation.--The Attorney General,
acting through the Director of the Federal Bureau of Investigation,
shall assign a special agent or hate crimes liaison to each field
office of the Federal Bureau of Investigation to investigate hate
crimes incidents with a nexus to domestic terrorism (as such term is
defined in section 2 of the Domestic Terrorism Prevention Act of
2023).''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, may be
construed to authorize the infringement or violation of any right
protected under the First Amendment to the Constitution of the United
States or an applicable provision of Federal law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Justice, the Federal Bureau of Investigation, the Department of
Homeland Security, and the Department of Defense such sums as may be
necessary to carry out this Act.
<all>
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118S1592 | Occupational Therapy Mental Health Parity Act | [
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"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
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[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1592 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1592
To clarify coverage of occupational therapy under the Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Ms. Hassan (for herself and Mr. Scott of South Carolina) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To clarify coverage of occupational therapy 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 ``Occupational Therapy Mental Health
Parity Act''.
SEC. 2. CLARIFYING COVERAGE OF OCCUPATIONAL THERAPY UNDER MEDICARE.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall provide education and
outreach to stakeholders about the Medicare Benefit Policy Manual with
respect to occupational therapy services furnished to individuals under
the Medicare program for the treatment of a substance use or mental
health disorder diagnosis using applicable Healthcare Common Procedure
Coding System (HCPCS) codes.
<all>
</pre></body></html>
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118S1593 | Extending WIC for New Moms Act | [
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"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1593 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1593
To amend the Child Nutrition Act of 1966 to extend eligibility of new
moms for the special supplemental nutrition program for women, infants,
and children.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Blumenthal (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 Child Nutrition Act of 1966 to extend eligibility of new
moms for the special supplemental nutrition program for women, infants,
and children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extending WIC for New Moms Act''.
SEC. 2. EXTENDING WIC ELIGIBILITY FOR NEW MOMS.
(a) Extension of Postpartum Period.--Section 17(b)(10) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking
``six months'' and inserting ``24 months''.
(b) Extension of Breastfeeding Period.--Section 17(d)(3)(A)(ii) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is
amended by striking ``1 year'' and inserting ``24 months''.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to Congress a
report that includes an evaluation of the effect of each of the
amendments made by this section on--
(1) maternal and infant health outcomes, including racial
and ethnic disparities with respect to such outcomes;
(2) breastfeeding rates among postpartum individuals;
(3) qualitative evaluations of family experiences under the
special supplemental nutrition program for women, infants, and
children established by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786); and
(4) other relevant information, as determined by the
Secretary.
<all>
</pre></body></html>
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118S1594 | Social Determinants for Moms Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1594 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1594
To require the Secretary of Health and Human Services to convene a task
force to develop strategies and coordinate efforts to eliminate
preventable maternal mortality, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Blumenthal (for himself and Mr. Booker) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Health and Human Services to convene a task
force to develop strategies and coordinate efforts to eliminate
preventable maternal mortality, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Determinants for Moms Act''.
SEC. 2. TASK FORCE TO ADDRESS THE UNITED STATES MATERNAL HEALTH CRISIS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall convene a task
force (referred to in this section as the ``Task Force'') to develop
strategies and coordinate efforts between Federal agencies and other
stakeholders to eliminate preventable maternal mortality, severe
maternal morbidity, and maternal health disparities in the United
States, including actions to address clinical and nonclinical causes of
maternal mortality, severe maternal morbidity, and maternal health
disparities.
(b) Ex Officio Members.--The ex officio members of the Task Force
shall consist of the following:
(1) The Secretary (or a designee thereof).
(2) The Secretary of Housing and Urban Development (or a
designee thereof).
(3) The Secretary of Transportation (or a designee
thereof).
(4) The Secretary of Agriculture (or a designee thereof).
(5) The Secretary of Labor (or a designee thereof).
(6) The Administrator of the Environmental Protection
Agency (or a designee thereof).
(7) The Assistant Secretary for the Administration for
Children and Families (or a designee thereof).
(8) The Administrator of the Centers for Medicare &
Medicaid Services (or a designee thereof).
(9) The Director of the Indian Health Service (or a
designee thereof).
(10) The Director of the National Institutes of Health (or
a designee thereof).
(11) The Director of the Eunice Kennedy Shriver National
Institute of Child Health and Human Development (or a designee
thereof).
(12) The Administrator of the Health Resources and Services
Administration (or a designee thereof).
(13) The Deputy Assistant Secretary for Minority Health of
the Department of Health and Human Services (or a designee
thereof).
(14) The Deputy Assistant Secretary for Women's Health of
the Department of Health and Human Services (or a designee
thereof).
(15) The Director of the Centers for Disease Control and
Prevention (or a designee thereof).
(16) The Director of the Office on Violence Against Women
at the Department of Justice (or a designee thereof).
(c) Appointed Members.--In addition to the ex officio members of
the Task Force, the Secretary may appoint the following members of the
Task Force:
(1) Representatives of patients, to include--
(A) a representative of patients who have suffered
from severe maternal morbidity; or
(B) a representative of patients who is a family
member of an individual who suffered a pregnancy-
related death.
(2) Leaders of community-based organizations that address
maternal mortality, severe maternal morbidity, and maternal
health with a specific focus on racial and ethnic disparities.
In appointing such leaders under this paragraph, the Secretary
shall give priority to individuals who are leaders of
organizations led by individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes.
(3) Perinatal health workers.
(4) A professionally and geographically diverse panel of
maternity care providers.
(5) Other maternal health stakeholders outside of the
Federal Government with expertise in maternal health, including
social determinants of maternal health.
(d) Chair.--The Secretary shall select the chair of the Task Force
from among the members of the Task Force.
(e) Topics.--In developing strategies coordinating efforts between
Federal agencies and other stakeholders to eliminate preventable
maternal mortality, severe maternal morbidity, and maternal health
disparities in the United States under this section, the Task Force may
address topics such as--
(1) addressing barriers that prevent individuals from
attending prenatal and postpartum appointments, accessing
maternal health care services, or accessing services and
resources related to social determinants of maternal health;
(2) increasing access to safe, stable, affordable, and
adequate housing for pregnant and postpartum individuals and
their families;
(3) delivering healthy food, infant formula, clean water,
diapers, or other perinatal necessities to pregnant and
postpartum individuals located in areas that are food deserts;
(4) addressing the impacts of water and air quality,
exposure to extreme temperatures, environmental chemicals,
environmental risks in the workplace and the home, and
pollution levels, on maternal and infant health outcomes;
(5) offering free and accessible drop-in childcare services
during prenatal and postpartum appointments;
(6) addressing the clinical and nonclinical needs of
postpartum individuals and their families for the duration of
the postpartum period;
(7) engaging with nongovernmental entities to address
social determinants of maternal health, including through
public-private partnerships;
(8) addressing the impact of domestic or intimate partner
violence on maternal health outcomes; and
(9) other topics determined by the chair of the Task Force.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and every year thereafter, the Task Force shall submit to
Congress and make publicly available on the website of the Department
of Health and Human Services a report--
(1) describing the Task Force's efforts to develop
strategies and coordinate efforts between Federal agencies and
other stakeholders to eliminate preventable maternal mortality,
severe maternal morbidity, and maternal health disparities in
the United States;
(2) providing an overview of actions taken by each member
of the Task Force listed under subsection (b) to eliminate
preventable maternal mortality, severe maternal morbidity, and
maternal health disparities in the United States;
(3) providing recommendations on Federal funding amounts
and authorities needed to implement strategies developed by the
Task Force to eliminate preventable maternal mortality, severe
maternal morbidity, and maternal health disparities in the
United States;
(4) providing recommendations on actions that stakeholders
outside of the Federal Government can take to eliminate
preventable maternal mortality, severe maternal morbidity, and
maternal health disparities in the United States; and
(5) addressing other topics as determined by the chair of
the Task Force.
(g) Termination.--Section 1013 of title 5, United States Code,
shall not apply to the Task Force with respect to termination.
SEC. 3. SUSTAINED FUNDING TO ADDRESS SOCIAL DETERMINANTS OF MATERNAL
HEALTH.
(a) In General.--The Secretary shall award grants to eligible
entities to address social determinants of maternal health to eliminate
maternal mortality, severe maternal morbidity, and maternal health
disparities.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) a community-based organization, Indian Tribe or Tribal
organization, or Urban Indian organization;
(2) a public health department or nonprofit organization
working with an entity listed in paragraph (1); or
(3) a consortium of entities listed in paragraph (1) or (2)
that includes at minimum one entity listed in paragraph (1).
(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may provide.
(d) Prioritization.--In awarding grants under subsection (a), the
Secretary shall give priority to an eligible entity that is operating
in an area with--
(1) high rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes; and
(2) a high poverty rate.
(e) Activities.--An eligible entity that receives a grant under
this section may use the grant to address social determinants of
maternal health such as--
(1) housing;
(2) transportation;
(3) nutrition;
(4) employment, workplace conditions, and other economic
factors;
(5) environmental conditions;
(6) intimate partner violence; and
(7) other nonclinical factors that impact maternal health
outcomes.
(f) Technical Assistance.--The Secretary shall provide to grant
recipients under this section technical assistance to plan for
sustaining programs to address social determinants of maternal health
after the period of the grant.
(g) Reporting.--
(1) Grantees.--Not later than 1 year after an eligible
entity first receives a grant under this section, and annually
thereafter, an eligible entity shall submit to the Secretary,
and make publicly available, a report on the status of
activities conducted using the grant. Each such report shall
include data on the effects of such activities, disaggregated
by race, ethnicity, gender, primary language, geography,
socioeconomic status, and other relevant factors.
(2) Secretary.--Not later than the end of fiscal year 2028,
the Secretary shall submit to Congress a report that includes--
(A) a summary of the reports under paragraph (1);
and
(B) recommendations for future Federal grant
allocations to address social determinants of maternal
health.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2024 through 2028.
<all>
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118S1595 | End Taxpayer Funding of Gender Experimentation Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1595 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1595
To prohibit taxpayer-funded gender transition procedures, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Marshall (for himself, Mrs. Blackburn, Mr. Braun, Mr. Cramer, Mr.
Daines, Mrs. Hyde-Smith, Mr. Lee, Mr. Mullin, Mr. Risch, Mr. Rubio, Mr.
Wicker, and Mr. Hawley) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To prohibit taxpayer-funded gender transition procedures, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``End Taxpayer
Funding of Gender Experimentation 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--PROHIBITING FEDERALLY FUNDED GENDER TRANSITION PROCEDURES
Sec. 101. Prohibiting taxpayer-funded gender transition procedures.
Sec. 102. Amendment to table of chapters.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
Sec. 201. Clarifying application of prohibition to premium credits and
cost-sharing reductions under ACA.
TITLE I--PROHIBITING FEDERALLY FUNDED GENDER TRANSITION PROCEDURES
SEC. 101. PROHIBITING TAXPAYER-FUNDED GENDER TRANSITION PROCEDURES.
Title 1, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER-FUNDED GENDER TRANSITION PROCEDURES
``Sec.
``301. Prohibition on funding for gender transition procedures.
``302. Prohibition on funding for health benefits plans that cover
gender transition procedures.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
coverage.
``306. Construction relating to complications arising from gender
transition procedures.
``307. Definitions.
``Sec. 301. Prohibition on funding for gender transition procedures
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any gender
transition procedures.
``Sec. 302. Prohibition on funding for health benefits plans that cover
gender transition procedures
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of gender transition procedures.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include gender transition procedures.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
coverage for gender transition procedures or health benefits coverage
that includes gender transition procedures so long as such coverage is
paid for entirely using only funds not authorized or appropriated by
Federal law and such coverage shall not be purchased using matching
funds required for a federally subsidized program, including a State's
or locality's contribution of Medicaid matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
health coverage
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering coverage for gender transition procedures, or the ability of a
State or locality to contract separately with such a provider for such
coverage, so long as only funds not authorized or appropriated by
Federal law are used and such coverage shall not be purchased using
matching funds required for a federally subsidized program, including a
State's or locality's contribution of Medicaid matching funds.
``Sec. 306. Construction relating to complications arising from gender
transition procedures
``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of a gender transition
procedure.
``Sec. 307. Definitions
``For purposes of this chapter:
``(1) Biological sex.--The term `biological sex' means the
biological indication of male or female in the context of
reproductive potential or capacity, such as sex chromosomes,
naturally occurring sex hormones, gonads, and non-ambiguous
internal and external genitalia present at birth, without
regard to an individual's psychological, chosen, or subjective
experience of gender.
``(2) Cross-sex hormones.--The term `cross-sex hormones'
means--
``(A) testosterone or other androgens given to
biological females at doses that are profoundly larger
or more potent than would normally occur naturally in
healthy biological females; and
``(B) estrogen given to biological males at doses
that are profoundly larger or more potent than would
normally occur naturally in healthy biological males.
``(3) Gender.--The term `gender' means the psychological,
behavioral, social, and cultural aspects of being male or
female.
``(4) Gender transition.--The term `gender transition'
means the process in which an individual goes from identifying
with and living as a gender that corresponds to his or her
biological sex to identifying with and living as a gender
different from his or her biological sex, and may involve
social, legal, or physical changes.
``(5) Gender transition procedure.--
``(A) In general.--The term `gender transition
procedure' means any medical or surgical service that
seeks--
``(i) to alter or remove physical or
anatomical characteristics or features that are
typical for the individual's biological sex; or
``(ii) to instill or create physiological
or anatomical characteristics that resemble a
sex different from the individual's birth sex.
``(B) Inclusions.--For purposes of subparagraph
(A), the term `medical or surgical service' includes--
``(i) physician's services;
``(ii) inpatient and outpatient hospital
services;
``(iii) prescribed drugs relating to gender
transition;
``(iv) a medical service that provides--
``(I) puberty-blocking drugs;
``(II) cross-sex hormones; or
``(III) other mechanisms to promote
the development of feminizing or
masculinizing features (in the opposite
sex); and
``(v) gender transition surgery.
``(C) Exclusions.--The term `gender transition
procedure' does not include--
``(i) services to individuals born with a
medically verifiable disorder of sex
development, including an individual with
external biological sex characteristics that
are irresolvably ambiguous, such as an
individual born with 46 XX chromosomes with
virilization, an individual born with 46 XY
chromosomes with undervirilization, or an
individual born having both ovarian and
testicular tissue;
``(ii) services provided when a physician
has otherwise diagnosed a disorder of sexual
development in which the physician has
determined through genetic or biochemical
testing that the individual does not have
normal sex chromosome structure, sex steroid
hormone production, or sex steroid hormone
action for a biological male or biological
female; or
``(iii) the treatment of any infection,
injury, disease, or disorder that has been
caused by or exacerbated by the performance of
gender transition procedures, whether or not
the gender transition procedure was performed
in accordance with State and Federal law or
whether or not funding for the gender
transition procedure is permissible under this
chapter.
``(6) Gender transition surgery.--
``(A) In general.--The term `gender transition
surgery' means any medical or surgical service that
seeks to surgically alter or remove healthy physical or
anatomical characteristics or features that are typical
for the individual's biological sex in order to instill
or create physiological or anatomical characteristics
that resemble a sex different from the individual's
birth sex.
``(B) Inclusions.--The term `gender transition
surgery' includes genital gender transition surgery and
non-genital gender transition surgery.
``(C) Exclusions.--The term `gender transition
surgery' does not include any procedure undertaken
because the individual suffers from a physical
disorder, physical injury, or physical illness that
would, as certified by a physician, place the
individual in imminent danger of death or impairment of
major bodily function unless the procedure is
performed, unless such procedure is performed for the
purpose of a gender transition or for the alleviation
of psychological or mental distress.
``(7) Genital gender transition surgery.--The term `genital
gender transition surgery' means a surgical procedure performed
for the purpose of assisting an individual with a gender
transition, including--
``(A) for biologically male patients, a penectomy,
orchiectomy, vaginoplasty, clitoroplasty, and
vulvoplasty; and
``(B) for biologically female patients, a
hysterectomy/ovariectomy, reconstruction of the fixed
part of the urethra with or without a metoidioplasty or
a phalloplasty, vaginectomy, scrotoplasty, and
implantation of erection or testicular prostheses.
``(8) Non-genital gender transition surgery.--The term
`non-genital gender transition surgery' means a surgical
procedure performed for the purpose of assisting an individual
with a gender transition, including--
``(A) for biologically male patients, augmentation
mammoplasty, facial feminization surgery, liposuction,
lipofilling, voice surgery, thyroid cartilage
reduction, gluteal augmentation (implants/lipofilling),
hair reconstruction, and various aesthetic procedures;
and
``(B) for biologically female patients,
subcutaneous mastectomy, voice surgery, liposuction,
lipofilling, pectoral implants, and various aesthetic
procedures.
``(9) Puberty-blocking drugs.--The term `puberty-blocking
drugs' means--
``(A) Gonadotropin-releasing hormone (GnRH)
analogues or other synthetic drugs used in biological
males to stop luteinizing hormone secretion and
therefore testosterone secretion; and
``(B) synthetic drugs used in biological females
that stop the production of estrogen and progesterone,
when used to delay or suppress pubertal development in
children for the purpose of assisting an individual
with a gender transition.''.
SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.
The table of chapters for title 1, United States Code, is amended
by adding at the end the following new item:
``4. Prohibiting taxpayer-funded gender transition 301''.
procedures.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND
COST-SHARING REDUCTIONS UNDER ACA.
(a) In General.--
(1) Disallowance of refundable credit and cost-sharing
reductions for coverage under qualified health plan which
provides coverage for gender procedures.--
(A) In general.--Subparagraph (A) of section
36B(c)(3) of the Internal Revenue Code of 1986 is
amended by inserting before the period at the end the
following: ``or any health plan that includes coverage
for gender transition procedures (other than any
procedure described in section 306 of title 1, United
States Code)''.
(B) Option to purchase or offer separate coverage
or plan.--Paragraph (3) of section 36B(c) of such Code
is amended by adding at the end the following new
subparagraph:
``(C) Separate coverage or plan for gender
transition procedures allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for gender
transition procedures described in such
subparagraph, or a health plan that includes
such gender transition procedures, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
gender transition procedures described in such
subparagraph, or a plan that includes such
gender transition procedures, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(2) Disallowance of small employer health insurance expense
credit for plan which includes coverage for gender transition
procedures.--Subsection (h) of section 45R of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``Any term'' and inserting the
following:
``(1) In general.--Any term''; and
(B) by adding at the end the following new
paragraph:
``(2) Exclusion of health plans including coverage for
gender transition procedures.--
``(A) In general.--The term `qualified health plan'
does not include any health plan that includes coverage
for gender transition procedures (other than any
procedure described in section 306 of title 1, United
States Code).
``(B) Separate coverage or plan for gender
transition procedures allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any employer from
purchasing for its employees separate coverage
for gender transition procedures described in
such subparagraph, or a health plan that
includes such gender transition procedures, so
long as no credit is allowed under this section
with respect to the employer contributions for
such coverage or plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
gender transition procedures described in such
subparagraph, or a plan that includes such
gender transition procedures, so long as such
separate coverage or plan is not paid for with
any employer contribution eligible for the
credit allowed under this section.''.
(b) Application to Multi-State Plans.--Section 1334(a) of Public
Law 111-148 (42 U.S.C. 18054(a)) is amended by adding at the end the
following new paragraph:
``(7) Coverage consistent with federal policy regarding
gender transition procedures.--In entering into contracts under
this subsection, the Director shall ensure that no multi-State
qualified health plan offered in an Exchange provides health
benefits coverage for which the expenditure of Federal funds is
prohibited under chapter 4 of title 1, United States Code.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years ending after the date that is 1 year after the
date of enactment of this Act, but only with respect to plan years
beginning after such date, and the amendment made by subsection (b)
shall apply to plan years beginning after such date.
<all>
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118S1596 | REAL Political Advertisements Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1596 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1596
To amend the Federal Election Campaign Act of 1971 to provide further
transparency and accountability for the use of content that is
generated by artificial intelligence (generative AI) in political
advertisements by requiring such advertisements to include a statement
within the contents of the advertisements if generative AI was used to
generate any image or video footage in the advertisements, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Ms. Klobuchar (for herself, Mr. Booker, and Mr. Bennet) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide further
transparency and accountability for the use of content that is
generated by artificial intelligence (generative AI) in political
advertisements by requiring such advertisements to include a statement
within the contents of the advertisements if generative AI was used to
generate any image or video footage in the advertisements, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Require the Exposure of AI-Led
Political Advertisements Act'' or the ``REAL Political Advertisements
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the revolutionary innovations in generative artificial
intelligence (generative AI) and the potential for their use in
exacerbating and spreading misinformation and disinformation at
scale and with unprecedented speed requires Congress and the
Federal Election Commission to take action to protect against
the use of generative AI that harms our democracy; and
(2) free and fair elections require transparency and
accountability, which allow the public to make informed
decisions and hold public officials accountable.
SEC. 3. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104(f)(3)) is amended
by adding at the end the following new subparagraph:
``(D) Qualified internet or digital
communication.--The term `qualified internet or digital
communication' means any communication that is placed
or promoted for a fee on an online platform.''.
(C) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)(i)(III)) is amended by striking ``a
communication'' and inserting ``any broadcast, cable,
or satellite communication''.
(2) News exemption.--Section 304(f)(3)(B)(i) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(B)(i)) is
amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, publication, periodical, blog, or
platform, unless such broadcasting, online, or
digital facilities are owned or controlled by
any political party, political committee, or
candidate;''.
(b) Definition of Online Platform.--Section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101) is amended by adding at
the end the following:
``(27) Online platform.--
``(A) In general.--The term `online platform' means
any public-facing website, web application, or digital
application (including a social network, ad network, or
search engine) that--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Qualified political advertisement.--For
purposes of this paragraph, the term `qualified
political advertisement' means any advertisement
(including search engine marketing, display
advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(i) is made by or on behalf of a
candidate; or
``(ii) communicates a message relating to
any political matter of national importance,
including--
``(I) a candidate;
``(II) any election to Federal
office; or
``(III) a national legislative
issue of public importance.
``(C) Third-party advertising vendor defined.--For
purposes of this paragraph, the term `third-party
advertising vendor' includes any third-party
advertising vendor network, advertising agency,
advertiser, or third-party advertisement serving
company that buys and sells advertisement space on
behalf of unaffiliated third-party websites, search
engines, digital applications, or social media
sites.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any communication made on or after January 1,
2024, and shall take effect without regard to whether or not the
Federal Election Commission has promulgated regulations to carry out
such amendments.
SEC. 4. REQUIRING DISCLAIMERS ON ADVERTISEMENTS CONTAINING CONTENT
GENERATED BY ARTIFICIAL INTELLIGENCE.
(a) Requirement.--Section 318 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30120) is amended by adding at the end the following
new subsection:
``(e) Special Disclaimer for Communications Containing Content
Generated by Artificial Intelligence.--
``(1) Requirement.--If a communication described in
subsection (a) contains an image or video footage that was
generated in whole or in part with the use of artificial
intelligence (generative AI), the communication shall include,
in a clear and conspicuous manner, a statement that the
communication contains such an image or footage.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement required under this subsection shall be
considered to be made in a clear and conspicuous manner if the
statement meets the following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an
audio communication, the statement is spoken in a
clearly audible and intelligible manner at the
beginning or end of the communication and lasts at
least 3 seconds.
``(C) Video communications.--In the case of a video
communication that also includes audio, the statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any
other type of communication, the statement is at least
as clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).
``(3) Regulations.--Not later than 120 days after the date
of enactment of the Require the Exposure of AI-Led Political
Advertisements Act, the Commission shall promulgate a
regulation to carry out this subsection, including--
``(A) criteria for determining whether an
advertisement contains an image or video footage
created through generative artificial intelligence;
``(B) requirements for the contents of the
statement required under paragraph (1); and
``(C) a definition of content generated by
artificial intelligence that considers current and
future uses of artificial intelligence and similar
technologies that have a high risk for use in creating
and spreading misinformation or disinformation about
candidates, elections, and issues of national
concern.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any communication described in section 318(a) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) made on
or after January 1, 2024, and shall take effect without regard to
whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.
SEC. 5. REPORTS.
Not later than 2 years after the date of enactment of this Act, and
biannually thereafter, the Federal Election Commission shall submit a
report to Congress that includes--
(1) an assessment of the compliance with and the
enforcement of the requirements of section 318(e) of the
Federal Election Campaign Act of 1971, as added by this Act;
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) the identification of ways to bring further
transparency and accountability to political advertisements.
<all>
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118S1597 | Protecting Children From Experimentation Act of 2023 | [
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"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"cosponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1597 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1597
To amend chapter 110 of title 18, United States Code, to prohibit
gender transition procedures on minors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Marshall (for himself, Mrs. Blackburn, Mr. Cramer, Mr. Braun, Mr.
Daines, Mrs. Hyde-Smith, Mr. Mullin, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 110 of title 18, United States Code, to prohibit
gender transition procedures on minors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children From
Experimentation Act of 2023''.
SEC. 2. GENDER TRANSITION PROCEDURES ON MINORS PROHIBITED.
Chapter 110 of title 18, United States Code, is amended--
(1) by adding at the end the following:
``Sec. 2260B. Gender transition procedures on minors
``(a) In General.--Any physical or mental healthcare professional
who knowingly performs or provides a referral for any gender transition
procedure on a minor shall be fined under this title, imprisoned not
more than 5 years, or both.
``(b) Prohibition on Prosecution of Person on Whom Procedures Are
Performed.--No person on whom the gender transition procedure under
subsection (a) is performed may be arrested or prosecuted for an
offense under this section.
``(c) Civil Action.--A person on whom a gender transition procedure
is performed under this section may bring a civil action for
appropriate relief against each person who performed the gender
transition procedure.
``(d) Definitions.--In this section:
``(1) Biological sex.--The term `biological sex' means the
biological indication of male and female in the context of
reproductive potential or capacity, such as sex chromosomes,
naturally occurring sex hormones, gonads, and nonambiguous
internal and external genitalia present at birth, without
regard to the psychological, chosen, or subjective experience
of the gender of an individual.
``(2) Cross-sex hormones.--The term `cross-sex hormones'
means--
``(A) testosterone or other androgens given to
biological females at doses that are profoundly larger
or more potent than would normally occur naturally in
healthy biological females; and
``(B) estrogen given to biological males at doses
that are profoundly larger or more potent than would
normally occur naturally in healthy biological males.
``(3) Gender.--The term `gender' means the psychological,
behavioral, social, and cultural aspects of being male or
female.
``(4) Gender transition.--The term `gender transition'
means the process in which an individual goes from identifying
with and living as a gender that corresponds to his or her
biological sex to identifying with and living as a gender
different from his or her biological sex, and may involve
social, legal, or physical changes.
``(5) Gender transition procedure.--
``(A) In general.--The term `gender transition
procedure' means any medical or surgical service that
seeks--
``(i) to alter or remove physical or
anatomical characteristics or features that are
typical for the individual's biological sex; or
``(ii) to instill or create physiological
or anatomical characteristics that resemble a
sex different from the individual's birth sex.
``(B) Inclusions.--For purposes of subparagraph
(A), the term `medical or surgical service' includes--
``(i) physician's services;
``(ii) inpatient and outpatient hospital
services;
``(iii) prescribed drugs relating to gender
transition;
``(iv) a medical service that provides--
``(I) puberty-blocking drugs;
``(II) cross-sex hormones; or
``(III) other mechanisms to promote
the development of feminizing or
masculinizing features (in the opposite
sex); and
``(v) gender transition surgery.
``(C) Exclusions.--The term `gender transition
procedure' does not include--
``(i) services to individuals born with a
medically verifiable disorder of sex
development, including an individual with
external biological sex characteristics that
are irresolvably ambiguous, such as an
individual born with 46 XX chromosomes with
virilization, an individual born with 46 XY
chromosomes with undervirilization, or an
individual born having both ovarian and
testicular tissue;
``(ii) services provided when a physician
has otherwise diagnosed a disorder of sexual
development in which the physician has
determined through genetic or biochemical
testing that the individual does not have
normal sex chromosome structure, sex steroid
hormone production, or sex steroid hormone
action for a biological male or biological
female; or
``(iii) the treatment of any infection,
injury, disease, or disorder that has been
caused by or exacerbated by the performance of
gender transition procedures, whether or not
the gender transition procedure was performed
in accordance with State and Federal law or
whether or not funding for the gender
transition procedure is permissible under this
section.
``(6) Gender transition surgery.--
``(A) In general.--The term `gender transition
surgery' means any medical or surgical service that
seeks to surgically alter or remove healthy physical or
anatomical characteristics or features that are typical
for the individual's biological sex in order to instill
or create physiological or anatomical characteristics
that resemble a sex different from the individual's
birth sex.
``(B) Inclusions.--The term `gender transition
surgery' includes genital gender transition surgery and
non-genital gender transition surgery.
``(C) Exclusions.--The term `gender transition
surgery' does not include any procedure undertaken
because the individual suffers from a physical
disorder, physical injury, or physical illness that
would, as certified by a physician, place the
individual in imminent danger of death or impairment of
major bodily function unless surgery is performed for
the purpose of a gender transition or for the
alleviation of psychological or mental distress.
``(7) Genital gender transition surgery.--The term `genital
gender transition surgery' means a surgical procedure performed
for the purpose of assisting an individual with a gender
transition, including--
``(A) for biologically male patients, a penectomy,
orchiectomy, vaginoplasty, clitoroplasty, and
vulvoplasty; and
``(B) for biologically female patients, a
hysterectomy/ovariectomy, reconstruction of the fixed
part of the urethra with or without a metoidioplasty or
a phalloplasty, vaginectomy, scrotoplasty, and
implantation of erection or testicular prostheses.
``(8) Minor.--The term `minor' means an individual under
the age of 18.
``(9) Non-genital gender transition surgery.--The term
`non-genital gender transition surgery' means a surgical
procedure performed for the purpose of assisting an individual
with a gender transition, including--
``(A) for biologically male patients, augmentation
mammoplasty, facial feminization surgery, liposuction,
lipofilling, voice surgery, thyroid cartilage
reduction, gluteal augmentation (implants/lipofilling),
hair reconstruction, and various aesthetic procedures;
and
``(B) for biologically female patients,
subcutaneous mastectomy, voice surgery, liposuction,
lipofilling, pectoral implants, and various aesthetic
procedures.
``(10) Puberty-blocking drugs.--The term `puberty-blocking
drugs' means--
``(A) Gonadotropin-releasing hormone (GnRH)
analogues or other synthetic drugs used in biological
males to stop luteinizing hormone secretion and
therefore testosterone secretion; and
``(B) synthetic drugs used in biological females
that stop the production of estrogen and progesterone,
when used to delay or suppress pubertal development in
children for the purpose of assisting an individual
with a gender transition.''; and
(2) by amending the table of sections for such chapter by
adding at the end the following:
``2260B. Gender transition procedures on minors.''.
<all>
</pre></body></html>
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118S1598 | Wounded Warrior Bill of Rights Act of 2023 | [
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1598 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1598
To clarify and improve accountability for certain members of the Armed
Forces during consideration for medical separation in the Integrated
Disability Evaluation System of the Department of Defense, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To clarify and improve accountability for certain members of the Armed
Forces during consideration for medical separation in the Integrated
Disability Evaluation System of the Department of Defense, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Bill of Rights Act
of 2023''.
SEC. 2. ACCOUNTABILITY FOR CERTAIN MEMBERS OF THE ARMED FORCES DURING
THE INTEGRATED DISABILITY EVALUATION SYSTEM.
(a) Findings.--Congress finds the following:
(1) Members of the Armed Forces are the brave men and women
who voluntarily put themselves in harm's way, while fighting
the enemies of freedom around the world so that all citizens of
the United States and countless citizens of other nations can
enjoy the blessings of liberty in peace. We owe those members
not only a debt of gratitude, but our willingness to ensure
every single member receives excellent health care and just
treatment in the medical separation process when they've become
ill or injured in the line of duty. This is critically
important, not only for the present state of readiness in the
Armed Forces, but for potential recruitment of future
warfighters as elucidated by President George Washington when
he stated, ``The willingness with which our young people are
likely to serve in any war, no matter how justified, shall be
directly proportional to how they perceive veterans of early
wars were treated and appreciated by our nation.''.
(2) Wounded Warriors remain members of an Armed Force under
the jurisdiction of the Secretary of a military department and
determinations regarding their physical ability is the
responsibility of the chain of command of the member, rather
than the personnel within or under the direction of the Defense
Health Agency. That responsibility through the jurisdiction of
the military chain of command is effective during the entirety
of the process of the Integrated Disability Evaluation System
of the Department of Defense, or successor system, instead of
vesting for practical purposes only at the end of such process.
(3) Section 1214 of title 10, United States Code,
guarantees that ``[n]o member of the armed forces may be
retired or separated for physical disability without a full and
fair hearing if he demands it.''.
(4) Section 1216(b) of such title grants the Secretary
concerned ``all powers, functions, and duties incident to the
determination'' of ``fitness for active duty of any member of
an armed force under his jurisdiction.''.
(5) Sections 7013(b), 8013(b), and 9013(b) of such title
assigns responsibility for and grants ``the authority necessary
to conduct'' the administration of the ``morale and welfare of
personnel'' to the Secretary of the Army, the Secretary of the
Navy, and the Secretary of the Air Force respectively.
(b) Declaration of Policy Regarding Accountability for Wounded
Warriors.--It is the policy of Congress that--
(1) determinations of fitness for duty or physical
capability to perform a military occupational specialty of a
member of the Armed Forces under the jurisdiction of the
Secretary of a military department are the responsibility of
such Secretary;
(2) determinations of fitness for a Wounded Warrior may be
assessed by medical professionals outside the military
department of the Wounded Warrior and may be influenced by
precedents across other entities of the Department of Defense,
including the Defense Health Agency, but ultimately, such
determination remains a decision of the Secretary of the
military department concerned;
(3) the full authority for a determination described in
paragraph (1) or (2) resides in the military chain of command
and not the chain of responsibility of the Defense Health
Agency; and
(4) at no point during the medical evaluation of a Wounded
Warrior shall the Wounded Warrior be denied the protections,
privileges, or right to due process afforded under the laws,
regulations, or other applicable guidance of the military
department of the Wounded Warrior.
(c) Clarification of Responsibilities Regarding the Integrated
Disability Evaluation System.--Subsection (h) of section 1073c of title
10, United States Code, is amended to read as follows:
``(h) Authorities Reserved to Secretaries of the Military
Departments.--(1) Notwithstanding the responsibilities and authorities
of the Director of the Defense Health Agency with respect to the
administration of military medical treatment facilities under this
section, the Secretary of each military department shall maintain
authority over and responsibility for any member of the armed forces
under the jurisdiction of the military department concerned while the
member is being considered by a medical evaluation board or during any
other part of the implementation of the Integrated Disability
Evaluation System of the Department of Defense, or successor system.
``(2) Responsibility of the Secretary of a military department
under paragraph (1) shall include the following:
``(A) Responsibility for administering the morale and
welfare of each member of the armed forces under the
jurisdiction of such Secretary.
``(B) Responsibility for determinations of fitness for
active duty of each such member.
``(C) Complete operational and administrative control of
each such member at every stage of the implementation of the
Integrated Disability Evaluation System, or successor system,
from the beginning of the medical evaluation board to the
conclusion of the physical evaluation board, including the
authority to pause for a reasonable amount of time or
completely withdraw the member from such system if the military
commander with jurisdiction over the member finds that any
policies, procedures, regulations, or other related guidance
has not been followed in the case of the member.''.
(d) Opportunity for Due Process Hearing in the Military Chain of
Command.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
update the policies and procedures applicable to the
implementation of the Integrated Disability Evaluation System
of the Department of Defense, or successor system, to ensure
that appeals made by Wounded Warriors under the jurisdiction of
the Secretary concerned include (if the member demands it) a
full and fair hearing on such determination, to be conducted by
the Secretary concerned.
(2) Characterization of appeal.--An appeal made under
paragraph (1) is separate from and in addition to any appellate
options available to a Wounded Warrior under the Integrated
Disability Evaluation System of the Department of Defense, or
successor system.
(3) Timely manner.--
(A) In general.--Upon request by Wounded Warrior,
the military commander with jurisdiction over the
Wounded Warrior shall process an appeal under paragraph
(1).
(B) Adjudication.--Not later than 90 days after the
initiation by a Wounded Warrior of an appeal under
paragraph (1) the military commander with jurisdiction
over the Wounded Warrior, and every echelon of command
all the way up to the general court-martial convening
authority if the commander denies the appeal, shall
complete adjudication of the appeal.
(e) Briefing.--Not later than February 1, 2024, the Secretary of
Defense shall provide to the appropriate congressional committees a
briefing on the status of the implementation of this section and the
amendments made by this section.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Secretary concerned.--The term ``Secretary concerned''
has the meaning given that term in section 101 of title 10,
United States Code.
(3) Wounded warrior.--The term ``Wounded Warrior'' means a
member of the Armed Forces being processed for potential
medical separation at any point in the Integrated Disability
Evaluation System of the Department of Defense, or successor
system.
<all>
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118S1599 | Data to Save Moms Act | [
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1599 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1599
To amend the Public Health Service Act to provide for grants to promote
representative community engagement in maternal mortality review
committees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Ms. Smith (for herself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to provide for grants to promote
representative community engagement in maternal mortality review
committees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data to Save Moms Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Maternity care provider.--The term ``maternity care
provider'' means a health care provider who--
(A) is a physician, a physician assistant, a
midwife who meets, at a minimum, the international
definition of a midwife and global standards for
midwifery education as established by the International
Confederation of Midwives, an advanced practice
registered nurse, or a lactation consultant certified
by the International Board of Lactation Consultant
Examiners; and
(B) has a focus on maternal or perinatal health.
(2) Maternal mortality.--The term ``maternal mortality''
means a death occurring during or within a 1-year period after
pregnancy, caused by pregnancy-related or childbirth
complications, including a suicide, overdose, or other death
resulting from a mental health or substance use disorder
attributed to or aggravated by pregnancy-related or childbirth
complications.
(3) Perinatal health worker.--The term ``perinatal health
worker'' means a nonclinical health worker focused on maternal
or perinatal health, such as a doula, community health worker,
peer supporter, lactation educator or counselor, nutritionist
or dietitian, childbirth educator, social worker, home visitor,
patient navigator or coordinator, or language interpreter.
(4) Postpartum.--The term ``postpartum'' means the 1-year
period beginning on the last day of the pregnancy of an
individual.
(5) Pregnancy-associated death.--The term ``pregnancy-
associated death'' means a death of a pregnant or postpartum
individual, by any cause, that occurs during, or within 1 year
following, the individual's pregnancy, regardless of the
outcome, duration, or site of the pregnancy.
(6) Pregnancy-related death.--The term ``pregnancy-related
death'' means a death of a pregnant or postpartum individual
that occurs during, or within 1 year following, the
individual's pregnancy, from a pregnancy complication, a chain
of events initiated by pregnancy, or the aggravation of an
unrelated condition by the physiologic effects of pregnancy.
(7) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) Severe maternal morbidity.--The term ``severe maternal
morbidity'' means a health condition, including mental health
conditions and substance use disorders, attributed to or
aggravated by pregnancy or childbirth that results in
significant short-term or long-term consequences to the health
of the individual who was pregnant.
(10) Social determinants of maternal health.--The term
``social determinants of maternal health'' means nonclinical
factors that impact maternal health outcomes.
SEC. 3. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE
REPRESENTATIVE COMMUNITY ENGAGEMENT.
(a) In General.--Section 317K(d) of the Public Health Service Act
(42 U.S.C. 247b-12(d)) is amended by adding at the end the following:
``(9) Grants to promote representative community engagement
in maternal mortality review committees.--
``(A) In general.--The Secretary may, using funds
made available pursuant to subparagraph (C), provide
assistance to an applicable maternal mortality review
committee of a State, Indian tribe, tribal
organization, or Urban Indian organization (as such
term is defined in section 4 of the Indian Health Care
Improvement Act)--
``(i) to select for inclusion in the
membership of such a committee community
members from the State, Indian tribe, tribal
organization, or Urban Indian organization by--
``(I) prioritizing community
members who can increase the diversity
of the committee's membership with
respect to race and ethnicity,
location, personal or family
experiences of maternal mortality or
severe maternal morbidity, and
professional background, including
members with nonclinical experiences;
and
``(II) to the extent applicable,
using funds reserved under subsection
(f), to address barriers to maternal
mortality review committee
participation for community members,
including required training,
transportation barriers, compensation,
and other supports as may be necessary;
``(ii) to establish initiatives to conduct
outreach and community engagement efforts
within communities throughout the State or
Indian tribe to seek input from community
members on the work of such maternal mortality
review committee, with a particular focus on
outreach to women from racial and ethnic
minority groups (as such term is defined in
section 1707(g)(1)); and
``(iii) to release public reports
assessing--
``(I) the pregnancy-related death
and pregnancy-associated death review
processes of the maternal mortality
review committee, with a particular
focus on the maternal mortality review
committee's sensitivity to the unique
circumstances of pregnant and
postpartum individuals from racial and
ethnic minority groups (as such term is
defined in section 1707(g)(1)) who have
suffered pregnancy-related deaths; and
``(II) the impact of the use of
funds made available pursuant to
subparagraph (C) on increasing the
diversity of the maternal mortality
review committee membership and
promoting community engagement efforts
throughout the State or Indian tribe.
``(B) Technical assistance.--The Secretary shall
provide (either directly through the Department of
Health and Human Services or by contract) technical
assistance to any maternal mortality review committee
receiving a grant under this paragraph on best
practices for increasing the diversity of the maternal
mortality review committee's membership and for
conducting effective community engagement throughout
the State or Indian tribe.
``(C) Authorization of appropriations.--In addition
to any funds made available under subsection (f), there
is authorized to be appropriated to carry out this
paragraph $10,000,000 for each of fiscal years 2024
through 2028.''.
(b) Reservation of Funds.--Section 317K(f) of the Public Health
Service Act (42 U.S.C. 247b-12(f)) is amended by adding at the end the
following: ``Of the amount made available under the preceding sentence
for a fiscal year, not less than $1,500,000 shall be reserved for
grants to Indian tribes, tribal organizations, or Urban Indian
organizations (as such term is defined in section 4 of the Indian
Health Care Improvement Act)''.
SEC. 4. DATA COLLECTION AND REVIEW.
Section 317K(d)(3)(A)(i) of the Public Health Service Act (42
U.S.C. 247b-12(d)(3)(A)(i)) is amended--
(1) by redesignating subclauses (II) and (III) as
subclauses (V) and (VI), respectively; and
(2) by inserting after subclause (I) the following:
``(II) to the extent practicable,
reviewing cases of severe maternal
morbidity, according to the most up-to-
date indicators;
``(III) to the extent practicable,
reviewing deaths during pregnancy or up
to 1 year after the end of a pregnancy
from suicide, overdose, or other death
from a mental health condition or
substance use disorder attributed to or
aggravated by pregnancy or childbirth
complications;
``(IV) to the extent practicable,
consulting with local community-based
organizations representing pregnant and
postpartum individuals from demographic
groups with elevated rates of maternal
mortality, severe maternal morbidity,
maternal health disparities, or other
adverse perinatal or childbirth
outcomes to ensure that, in addition to
clinical factors, nonclinical factors
that might have contributed to a
pregnancy-related death are
appropriately considered;''.
SEC. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY
MEASURES.
(a) In General.--The Secretary, acting through the Administrator of
the Centers for Medicare & Medicaid Services and the Director of the
Agency for Healthcare Research and Quality (referred to in this section
as the ``Secretary''), shall consult with relevant stakeholders--
(1) to review existing maternal health data collection
processes and quality measures; and
(2) to make recommendations to improve such processes and
measures, including topics described under subsection (c).
(b) Collaboration.--In carrying out this section, the Secretary
shall consult with a diverse group of maternal health stakeholders,
which may include--
(1) pregnant and postpartum individuals and their family
members, and nonprofit organizations representing such
individuals, with a particular focus on patients from racial
and ethnic minority groups;
(2) community-based organizations that provide support for
pregnant and postpartum individuals, with a particular focus on
patients from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
(3) membership organizations for maternity care providers;
(4) organizations representing perinatal health workers;
(5) organizations that focus on maternal mental or
behavioral health;
(6) organizations that focus on intimate partner violence;
(7) institutions of higher education, with a particular
focus on minority-serving institutions;
(8) licensed and accredited hospitals, birth centers,
midwifery practices, or other facilities that provide maternal
health care services;
(9) relevant State and local public agencies, including
State maternal mortality review committees; and
(10) the National Quality Forum, or such other standard-
setting organizations specified by the Secretary.
(c) Topics.--The review of maternal health data collection
processes and recommendations to improve such processes and measures
required under subsection (a) shall assess all available relevant
information, including information from State-level sources, and shall
consider at least the following:
(1) Current State and Tribal practices for maternal health,
maternal mortality, and severe maternal morbidity data
collection and dissemination, including consideration of--
(A) the timeliness of processes for amending a
death certificate when new information pertaining to
the death becomes available to reflect whether the
death was a pregnancy-related death;
(B) relevant data collected with electronic health
records, including data on race, ethnicity, primary
language, socioeconomic status, geography, insurance
type, and other relevant demographic information;
(C) maternal health data collected and publicly
reported by hospitals, health systems, midwifery
practices, and birth centers;
(D) the barriers preventing States from correlating
maternal outcome data with data on race, ethnicity, and
other demographic characteristics;
(E) processes for determining the cause of a
pregnancy-associated death in States that do not have a
maternal mortality review committee;
(F) whether maternal mortality review committees
include multidisciplinary and diverse membership (as
described in section 317K(d)(1)(A) of the Public Health
Service Act (42 U.S.C. 247b-12(d)(1)(A)));
(G) whether members of maternal mortality review
committees participate in trainings on bias, racism, or
discrimination, and the quality of such trainings;
(H) the extent to which States have implemented
systematic processes of listening to the stories of
pregnant and postpartum individuals and their family
members, with a particular focus on pregnant and
postpartum individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes, and their
family members, to fully understand the causes of, and
inform potential solutions to, the maternal mortality
and severe maternal morbidity crisis within their
respective States;
(I) the extent to which maternal mortality review
committees are considering social determinants of
maternal health when examining the causes of pregnancy-
associated and pregnancy-related deaths;
(J) the extent to which maternal mortality review
committees are making actionable recommendations based
on their reviews of adverse maternal health outcomes
and the extent to which such recommendations are being
implemented by appropriate stakeholders;
(K) the legal and administrative barriers
preventing the collection, collation, and dissemination
of State maternity care data;
(L) the effectiveness of data collection and
reporting processes in separating pregnancy-associated
deaths from pregnancy-related deaths; and
(M) the current Federal, State, local, and Tribal
funding support for the activities referred to in
subparagraphs (A) through (L).
(2) Whether the funding support referred to in paragraph
(1)(M) is adequate for States to carry out optimal data
collection and dissemination processes with respect to maternal
health, maternal mortality, and severe maternal morbidity.
(3) Current quality measures for maternity care, including
prenatal measures, labor and delivery measures, and postpartum
measures, including topics such as--
(A) effective quality measures for maternity care
used by hospitals, health systems, midwifery practices,
birth centers, health plans, and other relevant
entities;
(B) the sufficiency of current outcome measures
used to evaluate maternity care for driving improved
care, experiences, and outcomes in maternity care
payment and delivery system models;
(C) maternal health quality measures that other
countries effectively use;
(D) validated measures that have been used for
research purposes that could be tested, refined, and
submitted for national endorsement;
(E) barriers preventing maternity care providers
and insurers from implementing quality measures that
are aligned with best practices;
(F) the frequency with which maternity care quality
measures are reviewed and revised;
(G) the strengths and weaknesses of the Prenatal
and Postpartum Care measures of the Health Plan
Employer Data and Information Set measures established
by the National Committee for Quality Assurance;
(H) the strengths and weaknesses of maternity care
quality measures under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
and the Children's Health Insurance Program under title
XXI of such Act (42 U.S.C. 1397 et seq.), including the
extent to which States voluntarily report relevant
measures;
(I) the extent to which maternity care quality
measures are informed by patient experiences that
include measures of patient-reported experience of
care;
(J) the current processes for collecting and making
publicly available, to the extent practicable,
stratified data on race, ethnicity, and other
demographic characteristics of pregnant and postpartum
individuals in hospitals, health systems, midwifery
practices, and birth centers, and for incorporating
such demographically stratified data in maternity care
quality measures;
(K) the extent to which maternity care quality
measures account for the unique experiences of pregnant
and postpartum individuals from racial and ethnic
minority groups; and
(L) the extent to which hospitals, health systems,
midwifery practices, and birth centers are implementing
existing maternity care quality measures.
(4) Recommendations on authorizing additional funds and
providing additional technical assistance to improve maternal
mortality review committees and State and Tribal maternal
health data collection and reporting processes.
(5) Recommendations for new authorities that may be granted
to maternal mortality review committees to be able to--
(A) access records from other Federal and State
agencies and departments that may be necessary to
identify causes of pregnancy-associated and pregnancy-
related deaths that are unique to pregnant and
postpartum individuals from specific populations, such
as veterans and individuals who are incarcerated; and
(B) work with relevant experts who are not members
of the maternal mortality review committee to assist in
the review of pregnancy-associated deaths of pregnant
and postpartum individuals from specific populations,
such as veterans and individuals who are incarcerated.
(6) Recommendations to improve and standardize current
quality measures for maternity care, with a particular focus on
maternal health disparities.
(7) Recommendations to improve the coordination by the
Department of Health and Human Services of the efforts
undertaken by the agencies and organizations within the
Department related to maternal health data and quality
measures.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Congress and make publicly
available a report on the results of the review of maternal health data
collection processes and quality measures and recommendations to
improve such processes and measures required under subsection (a).
(e) Definition.--In this section, the term ``maternal mortality
review committee'' means a maternal mortality review committee duly
authorized by a State and receiving funding under section 317K(a)(2)(D)
of the Public Health Service Act (42 U.S.C. 247b-12(a)(2)(D)).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2024 through 2027.
SEC. 6. STUDY ON MATERNAL HEALTH AMONG AMERICAN INDIAN AND ALASKA
NATIVE INDIVIDUALS.
(a) In General.--The Secretary shall, in coordination with entities
described in subsection (b)--
(1) not later than 90 days after the date of enactment of
this Act, enter into a contract with an independent research
organization or Tribal Epidemiology Center to conduct a
comprehensive study on maternal mortality, severe maternal
morbidity, and other adverse perinatal or childbirth outcomes
in the populations of American Indian and Alaska Native
individuals; and
(2) not later than 3 years after the date of enactment of
this Act, submit to Congress a report on such study that
contains recommendations for policies and practices that can be
adopted to improve maternal health outcomes for American Indian
and Alaska Native individuals.
(b) Participating Entities.--The entities described in this
subsection shall consist of 12 members, selected by the Secretary from
among individuals nominated by Indian Tribes and Tribal organizations
(as such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)), and Urban
Indian organizations (as such term is defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)). In selecting such
members, the Secretary shall ensure that each of the 12 service areas
of the Indian Health Service is represented.
(c) Contents of Study.--The study conducted pursuant to subsection
(a) shall--
(1) examine the causes of maternal mortality and severe
maternal morbidity that are unique to American Indian and
Alaska Native individuals;
(2) include a systematic process of listening to the
stories of American Indian and Alaska Native individuals to
fully understand the causes of, and inform potential solutions
to, the maternal health crisis within their respective
communities;
(3) distinguish between the causes of, landscape of
maternity care at, and recommendations to improve maternal
health outcomes within, the different settings in which
American Indian and Alaska Native individuals receive maternity
care, such as--
(A) facilities operated by the Indian Health
Service;
(B) an Indian health program operated by an Indian
Tribe or Tribal organization pursuant to a contract,
grant, cooperative agreement, or compact with the
Indian Health Service pursuant to the Indian Self-
Determination Act;
(C) an urban Indian health program operated by an
Urban Indian organization pursuant to a grant or
contract with the Indian Health Service pursuant to
title V of the Indian Health Care Improvement Act; and
(D) facilities outside of the Indian Health Service
in which American Indian and Alaska Native individuals
receive maternity care services;
(4) review processes for coordinating programs of the
Indian Health Service with social services provided through
other programs administered by the Secretary (other than the
Medicare Program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), the Medicaid Program under title XIX
of such Act (42 U.S.C. 1396 et seq.), and the Children's Health
Insurance Program under title XXI of such Act (42 U.S.C. 1397
et seq.);
(5) review current data collection and quality measurement
processes and practices;
(6) assess causes and frequency of maternal mental health
conditions and substance use disorders;
(7) consider social determinants of health, including
poverty, lack of health insurance, unemployment, sexual and
domestic violence, and environmental conditions in Tribal
areas;
(8) consider the role that historical mistreatment of
American Indian and Alaska Native women has played in causing
currently elevated rates of maternal mortality, severe maternal
morbidity, and other adverse perinatal or childbirth outcomes;
(9) consider how current funding of the Indian Health
Service affects the ability of the Service to deliver quality
maternity care;
(10) consider the extent to which the delivery of maternity
care services is culturally appropriate for American Indian and
Alaska Native individuals;
(11) make recommendations to reduce misclassification of
American Indian and Alaska Native individuals, including
consideration of best practices in training for maternal
mortality review committee members to be able to correctly
classify American Indian and Alaska Native individuals; and
(12) make recommendations informed by the stories shared by
American Indian and Alaska Native individuals referred to in
paragraph (2) to improve maternal health outcomes for such
individuals.
(d) Report.--The agreement entered into under subsection (a) with
an independent research organization or Tribal Epidemiology Center
shall require that the organization or Center transmit to Congress a
report on the results of the study conducted pursuant to that agreement
not later than 36 months after the date of enactment of this Act.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2024 through 2026.
SEC. 7. GRANTS TO MINORITY-SERVING INSTITUTIONS TO STUDY MATERNAL
MORTALITY, SEVERE MATERNAL MORBIDITY, AND OTHER ADVERSE
MATERNAL HEALTH OUTCOMES.
(a) In General.--The Secretary shall establish a program under
which the Secretary shall award grants to research centers, health
professions schools and programs, and other entities at minority-
serving institutions to study specific aspects of the maternal health
crisis among pregnant and postpartum individuals from racial and ethnic
minority groups. Such research may--
(1) include the development and implementation of
systematic processes of listening to the stories of pregnant
and postpartum individuals from racial and ethnic minority
groups, and perinatal health workers supporting such
individuals, to fully understand the causes of, and inform
potential solutions to, the maternal mortality and severe
maternal morbidity crisis within their respective communities;
(2) assess the potential causes of relatively low rates of
maternal mortality among Hispanic individuals, including
potential racial misclassification and other data collection
and reporting issues that might be misrepresenting maternal
mortality rates among Hispanic individuals in the United
States;
(3) assess differences in rates of adverse maternal health
outcomes among subgroups identifying as Hispanic, including
disparities in access to early prenatal care; and
(4) include lactation education to promote racial and
ethnic diversity within the workforce of health care
professionals with breastfeeding and lactation expertise.
(b) Application.--To be eligible to receive a grant under
subsection (a), an entity described in such subsection shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(c) Technical Assistance.--The Secretary may use not more than 10
percent of the funds made available under subsection (g)--
(1) to conduct outreach to minority-serving institutions to
raise awareness of the availability of grants under subsection
(a);
(2) to provide technical assistance in the application
process for such a grant; and
(3) to promote capacity building as needed to enable
entities described in such subsection to submit such an
application.
(d) Reporting Requirement.--Each entity awarded a grant under this
section shall periodically submit to the Secretary a report on the
status of activities conducted using the grant.
(e) Evaluation.--Beginning 1 year after the date on which the first
grant is awarded under this section, the Secretary shall submit to
Congress an annual report summarizing the findings of research
conducted using funds made available under this section.
(f) Minority-Serving Institutions Defined.--In this section, the
term ``minority-serving institution'' means an institution described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
<all>
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118S16 | Protecting Life on College Campus Act of 2023 | [
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] | <p><strong>Protecting Life on College Campus Act of </strong><b>2023</b></p> <p> This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 16 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 16
To prohibit the award of Federal funds to an institution of higher
education that hosts or is affiliated with a student-based service site
that provides abortion drugs or abortions to students of the
institution or to employees of the institution or site, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Daines (for himself, Mrs. Hyde-Smith, Mr. Crapo, Mr. Cramer, Mr.
Rubio, Mr. Hoeven, Mr. Wicker, Mr. Scott of Florida, Mr. Risch, Mr.
Braun, Mr. Hagerty, Mrs. Fischer, Mr. Cruz, Mr. Mullin, Mr. Marshall,
Mr. Cotton, Mrs. Blackburn, and Mr. Boozman) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit the award of Federal funds to an institution of higher
education that hosts or is affiliated with a student-based service site
that provides abortion drugs or abortions to students of the
institution or to employees of the institution or site, and for other
purposes.
Be it enacted by the Senate 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 Life on College Campus
Act of 2023''.
SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER
EDUCATION.
(a) Prohibition.--No Federal funds may be awarded (directly or
indirectly, including through a contract or subcontract) to any
institution of higher education that hosts or is affiliated with any
school-based service site that provides abortion drugs or abortions to
students of such institution or to employees of such institution or
site.
(b) Annual Reporting.--To remain eligible for awards of Federal
funds, an institution of higher education that hosts or is affiliated
with one or more school-based service sites shall submit an annual
report to the Secretary of Education and the Secretary of Health and
Human Services certifying that no such site provides abortion drugs or
abortions to students of the institution or to employees of such
institution or site.
(c) Preemption.--An institution of higher education that receives
Federal funds may not be subject to any penalty under State law solely
by reason of compliance with this section.
(d) Definitions.--In this section:
(1) Abortion drug.--The term ``abortion drug'' means any
drug, substance, or combination of drugs or substances that is
intended for use or that is in fact used (irrespective of how
the product is labeled)--
(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
(i) to produce a live birth;
(ii) to remove a dead unborn child; or
(iii) to treat an ectopic pregnancy.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) School-based service site.--The term ``school-based
service site''--
(A) means a clinic providing health care services
(including primary health services, family planning
services, telehealth services, and pharmaceutical
services, without regard to whether the services are
provided by employees of the clinic or contracted
providers) to students that is located on the campus of
an institution of higher education that accepts Federal
funding; and
(B) does not include a hospital (as defined in
section 1861(e) of the Social Security Act (42 U.S.C.
1395x(e))).
<all>
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] | <p><strong>Sarah's Law</strong></p> <p>This bill requires U.S. Immigration and Customs Enforcement (ICE) to detain a non-U.S. national (<i>alien</i> under federal law) who is unlawfully present in the United States and has been charged with a crime that resulted in the death or serious bodily injury of another person.</p> <p> ICE must make reasonable efforts to obtain information about the identity of any victims of the crimes for which the detained individual was charged or convicted. ICE shall provide the victim, or a relative or guardian of a deceased victim, with information about the detained individual, including name, date of birth, nationality, immigration status, criminal history, and a description of any related removal efforts.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 160 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 160
To require U.S. Immigration and Customs Enforcement to take into
custody certain aliens who have been charged in the United States with
a crime that resulted in the death or serious bodily injury of another
person, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Ms. Ernst (for herself, Mr. Grassley, Mrs. Fischer, Mr. Ricketts, Mr.
Tillis, Mr. Cornyn, Mrs. Blackburn, Mr. Scott of Florida, Mr. Moran,
Mr. Lankford, Mr. Hoeven, and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require U.S. Immigration and Customs Enforcement to take into
custody certain aliens who have been charged in the United States with
a crime that resulted in the death or serious bodily injury of another
person, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Sarah's Law''.
SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A CRIME
RESULTING IN DEATH OR SERIOUS BODILY INJURY.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking the comma at
the end and inserting a semicolon;
(B) in subparagraph (B), by striking the comma at
the end and inserting a semicolon;
(C) in subparagraph (C)--
(i) by striking ``sentence'' and inserting
``sentenced''; and
(ii) by striking ``, or'' and inserting a
semicolon;
(D) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(E) by inserting after subparagraph (D) the
following:
``(E)(i)(I) was not inspected and admitted into the
United States;
``(II) held a nonimmigrant visa (or other
documentation authorizing admission into the United
States as a nonimmigrant) that has been revoked under
section 221(i); or
``(III) is described in section 237(a)(1)(C)(i);
and
``(ii) has been charged by a prosecuting authority
in the United States with any crime that resulted in
the death or serious bodily injury (as defined in
section 1365(h)(3) of title 18, United States Code) of
another person,''; and
(2) by adding at the end the following:
``(3) Notification requirement.--Upon encountering or
gaining knowledge of an alien described in paragraph (1), the
Assistant Secretary of Homeland Security for Immigration and
Customs Enforcement shall make reasonable efforts--
``(A) to obtain information from law enforcement
agencies and from other available sources regarding the
identity of any victims of the crimes for which such
alien was charged or convicted; and
``(B) to provide the victim or, if the victim is
deceased, a parent, guardian, spouse, or closest living
relative of such victim, with information, on a timely
and ongoing basis, including--
``(i) the alien's full name, aliases, date
of birth, and country of nationality;
``(ii) the alien's immigration status and
criminal history;
``(iii) the alien's custody status and any
changes related to the alien's custody; and
``(iv) a description of any efforts by the
United States Government to remove the alien
from the United States.''.
SEC. 3. SAVINGS PROVISION.
Nothing in this Act, or the amendments made by this Act, may be
construed to limit the rights of crime victims under any other
provision of law, including section 3771 of title 18, United States
Code.
<all>
</pre></body></html>
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118S1600 | Border Management, Security, and Assistance Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1600 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1600
Making further supplemental appropriations for the fiscal year ending
September 30, 2023, for border management activities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Durbin (for himself, Mr. Peters, Mr. Brown, Mr. Heinrich, Mr.
Lujan, Mr. Padilla, Mr. Carper, Ms. Cortez Masto, Mr. King, Ms.
Klobuchar, Ms. Rosen, Ms. Baldwin, and Mr. Bennet) introduced the
following bill; which was read twice and referred to the Committee on
Appropriations
_______________________________________________________________________
A BILL
Making further supplemental appropriations for the fiscal year ending
September 30, 2023, for border management activities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Management, Security, and
Assistance Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION B--BORDER PROCEDURES AND IMPROVEMENTS ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2023, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
For an additional amount for ``Executive Office for Immigration
Review'', $95,000,000, to remain available until September 30, 2024:
Provided, That of the amounts made available under this heading,
$60,000,000 shall be for new Immigration Judge Teams, including travel,
salaries, rental space, and support staff; $10,000,000 shall be for
Information Technology improvements and modernization and other
efficiencies, including digitizing records and providing remote
capabilities for proceedings; $22,000,000 shall be for covering
expenses related to supporting weekend adjudications; and $3,000,000
shall be for services and activities provided by the Legal Orientation
Program.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $21,873,000, to remain available until expended:
Provided, That of the amounts made available under this heading,
$7,373,000 shall be to support the Criminal Division's Joint Task Force
Alpha; $1,300,000 shall be for the Civil Division's Office of
Immigration Litigation, District Courts section, to be used for
immediate litigation related to Southwest border enforcement; and
$13,200,000 shall be for the Civil Division's Office of Immigration
Litigation, Appellate section, to be used for personnel and additional
litigation needs related to Southwest border enforcement.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $47,000,000, to remain available until September 30, 2025,
for necessary expenses for increased law enforcement activities related
to Southwest border enforcement: Provided, That no funds shall be used
to prosecute an alien pursuant to section 275 or 276 of the Immigration
and Nationality Act (8 U.S.C. 1325 or 8 U.S.C. 1326), if such alien has
a pending claim for protection, has received a positive adjudication of
such claim, or is subject to an administrative or judicial appeal or
process.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$50,100,000, to remain available until September 30, 2024, for
necessary expenses for increased law enforcement activities related to
Southwest border enforcement.
federal prisoner detention
For an additional amount for ``Federal Prisoner Detention'',
$150,000,000, to remain available until expended.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$160,000,000: Provided, That of the amounts made available under this
heading, $2,550,000, to remain available until September 30, 2024,
shall be to acquire additional DNA kits related to Southwest border
enforcement and $157,450,000, to remain available until September 30,
2025, shall be for analysis of DNA samples received from the Department
of Homeland Security related to Southwest border enforcement.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$68,400,000, to remain available until September 30, 2025, for
necessary expenses for increased law enforcement activities related to
Southwest border enforcement.
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $13,000,000, to remain available until September 30,
2024: Provided, That of the amounts made available under this heading,
$3,000,000 shall be for small, rural, and Tribal law enforcement
agencies in jurisdictions along or near the Southwest border for grants
authorized under the Missing Persons and Unidentified Remains Act of
2019 (Public Law 116-277) and $10,000,000 shall be for a rural violent
crime initiative to support the investigation and prosecution of
violent crime for State, local, and Tribal governments for
jurisdictions located within 100 miles of the Southwest border.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$135,000,000 for necessary expenses related to Southwest border
activities.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$116,000,000 for necessary expenses related to Southwest border
activities.
TITLE III
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the rise in noncitizen arrivals at the
southwest border and related activities, $2,888,968,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading, $1,950,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'' for the
Shelter and Services Program to support sheltering and related
activities provided by non-Federal entities, including construction and
facility improvements: Provided further, That of the amounts made
available under this heading, $603,520,000 shall be for establishing
and operating temporary processing facilities, including auxiliary
facilities to increase processing capacity at ports of entry along the
southwest border while supporting trade facilitation and travel;
$67,655,000 shall be for temporary duty, overtime costs, and volunteer
force; $57,025,000 shall be for transportation; $56,000,000 shall be
for mission support data systems and analysis; $53,150,000 shall be for
contract support for intake processing and data entry; $51,000,000
shall be for additional Customs and Border Protection Officers;
$28,618,000 shall be for caregivers and medical care; $11,000,000 shall
be for employee wellness; and $11,000,000 shall be for employee
retention.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for improving security at and between ports of entry
along the southwest border, $1,130,000,000, to remain available until
September 30, 2025: Provided, That of the amounts made available under
this heading, $700,000,000 shall be for additional non-intrusive
inspection equipment to increase scanning of vehicles and $430,000,000
shall be for the acquisition and deployment of innovative border
security technology, including for surveillance, such as mobile and
fixed towers, unmanned aerial technology, subterranean detection
capabilities, and other technologies to assist with search and rescue
detection.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the rise in noncitizen arrivals at the
southwest border and related activities, $960,000,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading, $553,420,000 shall be for transportation
and removal; $127,000,000 shall be for alternatives to detention;
$13,000,000 shall be for additional technology and capacity to conduct
immigration proceedings while in custody and access counsel;
$36,000,000 shall be for Transportation Processing Coordinator
positions; $52,300,000 shall be for temporary duty, overtime, other on-
board personnel costs including reimbursements, and employee wellness;
$117,000,000 shall be to reimburse for noncitizen medical bills accrued
by third parties within seven days of release from custody, including
State, local, and emergency and first response; and $61,280,000 shall
be for Homeland Security Investigations trafficking investigations and
investigations related to Operation Blue Lotus.
U.S. Citizenship and Immigration Services
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the rise in noncitizen arrivals at the
southwest border and related activities, $409,000,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading, $210,000,000 shall be for the efficient
processing of asylum claims and related protection screenings;
$100,000,000 shall be for backlogs in the asylum system; and
$99,000,000 shall be for work authorization adjudications associated
with processes to adjudicate protection claims in a safe and orderly
way.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. (a) Not later than 45 days after the date of enactment of
this Act, the Under Secretary for Management of the Department of
Homeland Security shall provide an expenditure plan for the use of the
funds made available in this title to the Committees on Appropriations
of the Senate and the House of Representatives.
(b) Such plan shall be updated to reflect changes and expenditures
and submitted to the Committees on Appropriations of the Senate and the
House of Representatives every 60 days until all funds are expended or
expired.
Sec. 302. (a) Not later than 180 days after the date of enactment
of this Act, the Under Secretary for Management of the Department of
Homeland Security, in coordination with the Federal Emergency
Management Agency and U.S. Customs and Border Protection, shall provide
a report to Congress on the Shelter and Services Program funds made
available in this title.
(b) Such plan shall include:
(1) award obligations;
(2) a description of the outreach to local communities and
non-governmental organizations receiving newly arrived
noncitizens;
(3) the program criteria and requirements suggested or
adapted in response to such outreach to ensure funding is
accessible and meeting the needs of local communities;
(4) a description of the program goals, policies, and
program structure;
(5) the award allocation methodology used by the Program
that depends to the greatest extent possible on available
border data; and
(6) outcome performance measures and results related to
achieving program goals.
TITLE IV
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$1,000,000,000, to remain available until September 30, 2024, for
carrying out section 462 of the Homeland Security Act of 2002 and
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, and for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
including for hiring additional Federal Field Specialists, increasing
and improving case management and case coordination services, and
increasing post-release services, legal services, and child advocate
services to ensure the physical and mental well-being of children in
and after release from the Office of Refugee Resettlement's care.
TITLE V
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$100,000,000, to remain available until expended, to respond to
humanitarian needs in countries in the Western Hemisphere, including
the provision of emergency food and shelter.
economic support fund
For an additional amount for ``Economic Support Fund'',
$150,000,000, to remain available until September 30, 2024, for
assistance for countries in the Western Hemisphere to address the root
causes of migration: Provided, That funds appropriated under this
heading in this Act may be made available as contributions.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$500,000,000, to remain available until expended, to address
humanitarian needs in, and to assist migrants from, countries in the
Western Hemisphere.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 604. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
This division may be cited as the ``Border Management Supplemental
Appropriations Act, 2023''.
DIVISION B--BORDER PROCEDURES AND IMPROVEMENTS ACT
SEC. 1001. CONSEQUENCE DELIVERY.
(a) Enhanced Penalties for Organized Smuggling Schemes.--
(1) In general.--Section 274(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively;
(B) by inserting after clause (ii) the following:
``(iii) in the case of a violation of
subparagraph (A)(i) during and in relation to
which the person, while acting for profit or
other financial gain, knowingly directs or
participates in an effort or scheme to assist
or cause 10 or more persons (other than a
parent, spouse, or child of the offender) to
enter or to attempt to enter the United States
at the same time at a place other than a
designated port of entry or place other than
designated by the Secretary, be fined under
title 18, United States Code, imprisoned not
more than 15 years, or both;''; and
(C) in clause (iv), as redesignated, by inserting
``commits or attempts to commit sexual assault of,''
after ``section 1365 of title 18, United States Code)
to,''.
(2) Bulk cash smuggling.--Section 5332(b)(1) of title 31,
United States Code, is amended--
(A) in the paragraph heading, by striking ``Term of
imprisonment'' and inserting ``In general''; and
(B) by inserting ``, fined under title 18, or
both'' after ``5 years''.
(b) Enhanced Penalties for Illegal Spotting and Surveillance.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after section 274D the following:
``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
``(a) Illicit Spotting.--
``(1) In general.--It shall be unlawful to knowingly
surveil, track, monitor, or transmit the location, movement, or
activities of any officer or employee of a Federal, State, or
tribal law enforcement agency--
``(A) with the intent to gain financially; and
``(B) in furtherance of any violation of the
immigration laws, the customs and trade laws of the
United States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public
Law 114-125)), any other Federal law relating to
transporting controlled substances, agriculture, or
monetary instruments into the United States, or any
Federal law relating to border controls measures of the
United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.
``(b) Destruction of United States Border Controls.--
``(1) In general.--It shall be unlawful to knowingly and
without lawful authorization--
``(A) destroy or significantly damage any fence,
barrier, sensor, camera, or other physical or
electronic device deployed by the Federal Government to
control an international border of, or a port of entry
to, the United States; or
``(B) otherwise seek to construct, excavate, or
make any structure intended to defeat, circumvent or
evade such a fence, barrier, sensor camera, or other
physical or electronic device deployed by the Federal
Government to control an international border of, or a
port of entry to, the United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.''.
(2) Clerical amendment.--The table of contents of such Act
(8 U.S.C. 1101 et seq.) is amended by inserting after the item
relating to section 274D the following:
``Sec. 274E. Hindering immigration, border, and customs controls.''.
SEC. 1002. STREAMLINING PROCESSING, ACCESS TO LAWFUL PATHWAYS, AND
REMOVALS.
(a) Electronic Notice To Appear and Immigration Court Notice.--
(1) In general.--Section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229) is amended--
(A) in paragraph (1)--
(i) by inserting ``or by any other means
that the alien consented to in writing,
including by email or other electronic means,''
after ``by mail,'';
(ii) by amending subparagraph (F) to read
as follows:
``(F)(i) The requirement that the alien must
immediately provide (or have provided) the Attorney
General with a written record of an address, telephone
number (if any), and electronic means (if any) by which
the alien may be contacted respecting proceedings under
section 1229a of this title.
``(ii) The requirement that the alien must provide
the Attorney General immediately with a written record
of any change of the alien's contact information
described in clause (i).
``(iii) The consequences under section 1229a(b)(5)
of this title of failure to provide contact information
pursuant to this subparagraph.''; and
(iii) by amending subsection (c) to read as
follows:
``(c) Service.--
``(1) By mail.--Service by mail under this section shall be
sufficient if there is proof of attempted delivery of the
notice to appear to the last address provided by the alien in
accordance with subsection (a)(1)(F).
``(2) By electronic means.--Service by electronic means
under this section shall be sufficient if there is proof that
the notice to appear was sent electronically through a system
that is accessible to the alien.''.
(b) Employment Authorization for Aliens Seeking a Durable
Solution.--Section 208(d)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(d)(2)) is amended to read as follows:
``(2) Employment authorization.--
``(A) Eligibility.--Notwithstanding the Immigration
and Nationality Act (8 U.S.C. 1101, et seq.), the
Secretary of Homeland Security shall authorize
employment for an alien who is not in the physical
custody of the Department of Homeland Security after
the procedures required under paragraph (5)(A)(i) have
been completed, and the alien has--
``(i) a non-frivolous, properly filed
application for asylum, or other immigration
benefit request for humanitarian relief; or
``(ii) been processed for release by the
Department of Homeland Security pending further
processing or proceedings.
``(B) Exceptions.--Paragraph (2)(A) shall not apply
to an alien who--
``(i) after release, comes into the
physical custody of any Federal, State, or
local entity for purposes of criminal or civil
violations;
``(ii) fails to appear for any proceedings
described in any section this Act; and
``(iii) fails to comply with terms and
conditions of release, as determined by the
Secretary.
``(C) Terms.--At no time shall employment
authorization under this paragraph shall be issued
later than 30 days of release from custody or after a
properly filed application occurs, whichever is sooner,
and shall be--
``(i) for a period of 2 years;
``(ii) renewable for additional 2-year
periods while the applicant's asylum claim is
being adjudicated, pending, or administratively
closed, including administrative or judicial
review; and
``(iii) any other terms or conditions as
determined by the Secretary.
``(D) Clarifications.--Paragraph (2)(A)(ii) shall
apply to aliens irrespective of whether any form of
removal proceedings have commenced or whether the alien
has a pending request for immigration benefits.''.
(c) Streamlining Voluntary Departure.--Section 240B(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1229c(a)(1)) is amended by
striking ``at the alien's own expense''.
(d) Direct Access Pathways for Refugees in the Western
Hemisphere.--The Secretary of State, in consultation with the Secretary
of Homeland Security, shall--
(1) monitor Latin America and the Caribbean for regional
instability and migration resulting from large scale
persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion;
and
(2) designate members of the group experiencing such
persecution as Priority 2 refugees of special humanitarian
concern.
SEC. 1003. STAFFING FOR BORDER MANAGEMENT.
(a) Staffing Allocation Models.--
(1) Department of homeland security.--The Secretary of the
Department of Homeland Security shall develop and implement
staffing allocation models for U.S. Border Patrol and Air and
Marine Operations of U.S. Customs and Border Protection and for
U.S. Citizenship and Immigration Services, by not later than
six months after the date of enactment of this Act.
(2) Executive office of immigration review.--The Attorney
General shall develop and implement staffing allocation models
for the Executive Office of Immigration Review, by not later
than six months after the date of enactment of this Act.
(b) Requirements.--Each staffing model shall--
(1) take into account variations in operating environments,
technology, and the required operational support levels to
carry out their respective duties;
(2) include a plan for periodically updating and improving
the model, including incorporating operational, technological,
and personnel changes; and
(3) receive independent verification and validation by an
entity that is technically, managerially, and financially
independent from the office or Department.
(c) Reporting.--The Secretary and Attorney General shall report to
the Committee on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, and the Committee on Appropriations of the
Senate and the Committee on Homeland Security, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives detailing the finalized models, including a description
of--
(1) the data sources and methodology used to generate the
models;
(2) actions taken to independently verify the model; and
(3) the plan for updating and maturing the model.
SEC. 1004. SHELTER AND SERVICES PROGRAM GAO REPORT.
Not later than 1 year than the date of enactment of this Act, and
every two years thereafter, the Comptroller General of the United
States shall submit to the Committees on Homeland Security and
Governmental Affairs, the Committee on the Judiciary, and the Committee
on Appropriations of the Senate and the Committee on Homeland Security,
the Committee on the Judiciary, and the Committee on Appropriations of
the House of Representatives an assessment of the grant criteria for
Shelter and Services Program funds, the distribution of those funds,
and the impact of program policies and practices on the ability of
State and local governments and nongovernmental organizations to issue
such funds.
<all>
</pre></body></html>
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118S1601 | Protecting Moms and Babies Against Climate Change Act | [
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
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"Sen. Blumenthal, Richard [D-CT]",
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],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1601 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1601
To protect moms and babies against climate change, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Markey (for himself, Mr. Booker, Mr. Blumenthal, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To protect moms and babies against climate change, and for other
purposes.
Be it enacted by the Senate 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 Moms and Babies Against
Climate Change Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adverse maternal and infant health outcomes.--The term
``adverse maternal and infant health outcomes'' includes the
outcomes of preterm birth, low birth weight, stillbirth, infant
or maternal mortality, and severe maternal morbidity.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Maternal mortality.--The term ``maternal mortality''
means a death occurring during or within a 1-year period after
pregnancy, caused by pregnancy-related or childbirth
complications, including a suicide, overdose, or other death
resulting from a mental health or substance use disorder
attributed to or aggravated by pregnancy-related or childbirth
complications.
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an entity specified in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Perinatal health worker.--The term ``perinatal health
worker'' means a nonclinical health worker focused on maternal
or perinatal health, such as a doula, community health worker,
peer supporter, lactation educator or counselor, nutritionist
or dietitian, childbirth educator, social worker, home visitor,
patient navigator or coordinator, or language interpreter.
(6) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g) of the Public Health Service Act (42 U.S.C.
300u-6(g)).
(7) Risks associated with climate change.--The term ``risks
associated with climate change'' includes risks associated with
extreme heat, air pollution, extreme weather events, and other
environmental issues associated with climate change that can
result in adverse maternal and infant health outcomes.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) Severe maternal morbidity.--The term ``severe maternal
morbidity'' means a health condition, including mental health
conditions and substance use disorders, attributed to or
aggravated by pregnancy or childbirth that results in
significant short-term or long-term consequences to the health
of the individual who was pregnant.
(10) Stakeholder organization.--The term ``stakeholder
organization'' means--
(A) a community-based organization with expertise
in providing assistance to vulnerable individuals;
(B) a nonprofit organization with expertise in--
(i) maternal or infant health; or
(ii) environmental or climate justice; and
(C) a patient advocacy organization representing
vulnerable individuals.
(11) Vulnerable individual.--The term ``vulnerable
individual'' means--
(A) an individual who is pregnant;
(B) an individual who was pregnant during any
portion of the preceding 1-year period; and
(C) an individual under 3 years of age.
SEC. 3. GRANT PROGRAM TO PROTECT VULNERABLE MOTHERS AND BABIES FROM
CLIMATE CHANGE RISKS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a grant program to
protect vulnerable individuals from risks associated with climate
change.
(b) Grant Authority.--In carrying out the Program, the Secretary
may award, on a competitive basis, grants to 10 covered entities.
(c) Applications.--To be eligible for a grant under the Program, a
covered entity shall submit to the Secretary an application at such
time, in such form, and containing such information as the Secretary
may require, which shall include, at a minimum, a description of the
following:
(1) Plans for the use of grant funds awarded under the
Program and how patients and stakeholder organizations were
involved in the development of such plans.
(2) How such grant funds will be targeted to geographic
areas that have disproportionately high levels of risks
associated with climate change for vulnerable individuals.
(3) How such grant funds will be used to address racial and
ethnic disparities in--
(A) adverse maternal and infant health outcomes;
and
(B) exposure to risks associated with climate
change for vulnerable individuals.
(4) Strategies to prevent an initiative assisted with such
grant funds from causing--
(A) adverse environmental impacts;
(B) displacement of residents and businesses;
(C) rent and housing price increases; or
(D) disproportionate adverse impacts on racial and
ethnic minority groups and other underserved
populations.
(d) Selection of Grant Recipients.--
(1) Timing.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall select the
recipients of grants under the Program.
(2) Consultation.--In selecting covered entities for grants
under the Program, the Secretary shall consult with--
(A) representatives of stakeholder organizations;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Administrator of the National Oceanic and
Atmospheric Administration; and
(D) from the Department of Health and Human
Services--
(i) the Deputy Assistant Secretary for
Minority Health;
(ii) the Administrator of the Centers for
Medicare & Medicaid Services;
(iii) the Administrator of the Health
Resources and Services Administration;
(iv) the Director of the National
Institutes of Health; and
(v) the Director of the Centers for Disease
Control and Prevention.
(3) Priority.--In selecting grantees under the Program, the
Secretary shall give priority to covered entities that serve a
county or locality--
(A) designated, or located in an area designated,
as a nonattainment area pursuant to section 107 of the
Clean Air Act (42 U.S.C. 7407) for any air pollutant
for which air quality criteria have been issued under
section 108(a) of such Act (42 U.S.C. 7408(a));
(B) with a level of vulnerability of moderate-to-
high or higher, according to the Social Vulnerability
Index of the Centers for Disease Control and
Prevention, or a similar rating of social vulnerability
according to related Federal mapping tools;
(C) with temperatures that pose a risk to human
health, as determined by the Secretary, in consultation
with the Administrator of the National Oceanic and
Atmospheric Administration and the Chair of the United
States Global Change Research Program, based on the
best available science;
(D) with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(E) with a rating of very high or relatively high
risk according to the National Risk Index for Natural
Hazards of the Federal Emergency Management Agency; or
(F) with other climate-sensitive hazards with
associations to adverse maternal or infant health
outcomes, as determined by the Secretary.
(4) Limitation.--A recipient of grant funds under the
Program may not use such grant funds to serve a county or
locality that is served by any other recipient of a grant under
the Program.
(e) Use of Funds.--A covered entity awarded grant funds under the
Program may only use such grant funds for the following:
(1) Initiatives to identify risks associated with climate
change for vulnerable individuals and to provide services and
support to such individuals that address such risks, which may
include--
(A) training for health care providers, perinatal
health workers, and other employees in hospitals, birth
centers, midwifery practices, and other health care
practices that provide prenatal or labor and delivery
services to vulnerable individuals on the
identification of, and patient counseling relating to,
risks associated with climate change for vulnerable
individuals;
(B) hiring, training, or providing resources to
perinatal health workers who can help identify risks
associated with climate change for vulnerable
individuals, provide patient counseling about such
risks, and carry out the distribution of relevant
services and support;
(C) enhancing the monitoring of risks associated
with climate change for vulnerable individuals,
including by--
(i) collecting data on such risks in
specific census tracts, neighborhoods, or other
geographic areas; and
(ii) sharing such data with local health
care providers, perinatal health workers, and
other employees in hospitals, birth centers,
midwifery practices, and other health care
practices that provide prenatal or labor and
delivery services to local vulnerable
individuals; and
(D) providing vulnerable individuals--
(i) air conditioning units, residential
weatherization support, filtration systems,
household appliances, or related items;
(ii) direct financial assistance; and
(iii) services and support, including
housing assistance, evacuation assistance,
transportation assistance, access to cooling
shelters, and mental health counseling, to
prepare for or recover from extreme weather
events, which may include floods, hurricanes,
wildfires, droughts, and related events.
(2) Initiatives to mitigate levels of and exposure to risks
associated with climate change for vulnerable individuals,
which shall be based on the best available science and which
may include initiatives to--
(A) develop, maintain, or expand urban or community
forestry initiatives and tree canopy coverage
initiatives;
(B) improve infrastructure, such as buildings and
paved surfaces;
(C) develop or improve community outreach networks
to provide culturally and linguistically appropriate
information and notifications about risks associated
with climate change for vulnerable individuals; and
(D) provide enhanced services to racial and ethnic
minority groups and other underserved populations.
(f) Length of Award.--A grant under this section shall be disbursed
over 4 fiscal years.
(g) Technical Assistance.--The Secretary shall provide technical
assistance to a covered entity awarded a grant under the Program to
support the development, implementation, and evaluation of activities
funded with such grant.
(h) Reports to Secretary.--
(1) Annual report.--For each fiscal year during which a
covered entity is disbursed grant funds under the Program, such
covered entity shall submit to the Secretary a report that
summarizes the activities carried out by such covered entity
with such grant funds during such fiscal year, which shall
include a description of the following:
(A) The involvement of stakeholder organizations in
the implementation of initiatives assisted with such
grant funds.
(B) Relevant health and environmental data,
disaggregated, to the extent practicable, by race,
ethnicity, primary language, socioeconomic status,
geography, insurance type, pregnancy status, and other
relevant demographic information.
(C) Qualitative feedback received from vulnerable
individuals with respect to initiatives assisted with
such grant funds.
(D) Criteria used in selecting the geographic areas
assisted with such grant funds.
(E) Efforts to address racial and ethnic
disparities in adverse maternal and infant health
outcomes and in exposure to risks associated with
climate change for vulnerable individuals.
(F) Any negative and unintended impacts of
initiatives assisted with such grant funds, including--
(i) adverse environmental impacts;
(ii) displacement of residents and
businesses;
(iii) rent and housing price increases; and
(iv) disproportionate adverse impacts on
racial and ethnic minority groups and other
underserved populations.
(G) How the covered entity will address and prevent
any impacts described in subparagraph (F).
(2) Publication.--Not later than 30 days after the date on
which a report is submitted under paragraph (1), the Secretary
shall publish such report on a public website of the Department
of Health and Human Services.
(i) Report to Congress.--Not later than the date that is 5 years
after the date on which the Program is established, the Secretary shall
submit to Congress and publish on a public website of the Department of
Health and Human Services a report on the results of the Program,
including the following:
(1) Summaries of the annual reports submitted under
subsection (h).
(2) Evaluations of the initiatives assisted with grant
funds under the Program.
(3) An assessment of the effectiveness of the Program in--
(A) identifying risks associated with climate
change for vulnerable individuals;
(B) providing services and support to such
individuals;
(C) mitigating levels of and exposure to such
risks; and
(D) addressing racial and ethnic disparities in
adverse maternal and infant health outcomes and in
exposure to such risks.
(4) A description of how the Program could be expanded,
including--
(A) monitoring efforts or data collection that
would be required to identify areas with high levels of
risks associated with climate change for vulnerable
individuals;
(B) how such areas could be identified using the
strategy developed under section 6; and
(C) recommendations for additional funding.
(j) Definitions.--In this section:
(1) The term ``covered entity'' means a consortium of
organizations serving a county that--
(A) shall include a community-based organization;
and
(B) may include--
(i) another stakeholder organization;
(ii) the government of such county;
(iii) the governments of 1 or more
municipalities within such county;
(iv) a State or local public health
department or emergency management agency;
(v) a local health care practice, which may
include a licensed and accredited hospital,
birth center, midwifery practice, or other
health care practice that provides prenatal or
labor and delivery services to vulnerable
individuals;
(vi) an Indian tribe or Tribal organization
(as such terms are defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(vii) an Urban Indian organization (as
defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603)); and
(viii) an institution of higher education.
(2) The term ``Program'' means the grant program under this
section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for the period of
fiscal years 2024 through 2027.
SEC. 4. GRANT PROGRAM FOR EDUCATION AND TRAINING AT HEALTH PROFESSION
SCHOOLS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a grant program to provide
funds to health profession schools to support the development and
integration of education and training programs for identifying and
addressing risks associated with climate change for vulnerable
individuals.
(b) Grant Authority.--In carrying out the Program, the Secretary
may award, on a competitive basis, grants to health profession schools.
(c) Application.--To be eligible for a grant under the Program, a
health profession school shall submit to the Secretary an application
at such time, in such form, and containing such information as the
Secretary may require, which shall include, at a minimum, a description
of the following:
(1) How such health profession school will engage with
vulnerable individuals, and stakeholder organizations
representing such individuals, in developing and implementing
the education and training programs supported by grant funds
awarded under the Program.
(2) How such health profession school will ensure that such
education and training programs will address racial and ethnic
disparities in exposure to, and the effects of, risks
associated with climate change for vulnerable individuals.
(d) Use of Funds.--A health profession school awarded a grant under
the Program shall use the grant funds to develop, and integrate into
the curriculum and continuing education of such health profession
school, education and training on each of the following:
(1) Identifying risks associated with climate change for
vulnerable individuals and individuals with the intent to
become pregnant.
(2) How risks associated with climate change affect
vulnerable individuals and individuals with the intent to
become pregnant.
(3) Racial and ethnic disparities in exposure to, and the
effects of, risks associated with climate change for vulnerable
individuals and individuals with the intent to become pregnant.
(4) Patient counseling and mitigation strategies relating
to risks associated with climate change for vulnerable
individuals.
(5) Relevant services and support for vulnerable
individuals relating to risks associated with climate change
and strategies for ensuring vulnerable individuals have access
to such services and support.
(6) Implicit and explicit bias, racism, and discrimination.
(7) Related topics identified by such health profession
school based on the engagement of such health profession school
with vulnerable individuals and stakeholder organizations
representing such individuals.
(e) Partnerships.--In carrying out activities with grant funds, a
health profession school awarded a grant under the Program may partner
with 1 or more of the following:
(1) A State or local public health department.
(2) A health care professional membership organization.
(3) A stakeholder organization.
(4) A health profession school.
(5) An institution of higher education.
(f) Reports to Secretary.--
(1) Annual report.--For each fiscal year during which a
health profession school is disbursed grant funds under the
Program, such health profession school shall submit to the
Secretary a report that describes the activities carried out
with such grant funds during such fiscal year.
(2) Final report.--Not later than the date that is 1 year
after the end of the last fiscal year during which a health
profession school is disbursed grant funds under the Program,
the health profession school shall submit to the Secretary a
final report that summarizes the activities carried out with
such grant funds.
(g) Report to Congress.--Not later than the date that is 6 years
after the date on which the Program is established, the Secretary shall
submit to Congress and publish on a public website of the Department of
Health and Human Services a report that includes the following:
(1) A summary of the reports submitted under subsection
(f).
(2) Recommendations to improve education and training
programs at health profession schools with respect to
identifying and addressing risks associated with climate change
for vulnerable individuals.
(h) Definitions.--In this section:
(1) The term ``health profession school'' means an
accredited--
(A) medical school;
(B) school of nursing;
(C) midwifery program;
(D) physician assistant education program;
(E) teaching hospital;
(F) residency or fellowship program; or
(G) other school or program determined appropriate
by the Secretary.
(2) The term ``Program'' means the grant program under this
section.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for the period of
fiscal years 2024 through 2027.
SEC. 5. NIH CONSORTIUM ON BIRTH AND CLIMATE CHANGE RESEARCH.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director of the National Institutes of
Health shall establish the Consortium on Birth and Climate Change
Research (in this section referred to as the ``Consortium'').
(b) Duties.--
(1) In general.--The Consortium shall coordinate, across
the institutes, centers, and offices of the National Institutes
of Health, research on the risks associated with climate change
for vulnerable individuals.
(2) Required activities.--In carrying out paragraph (1),
the Consortium shall--
(A) establish research priorities, including by
prioritizing research that--
(i) identifies the risks associated with
climate change for vulnerable individuals with
a particular focus on disparities in such risks
among racial and ethnic minority groups and
other underserved populations; and
(ii) identifies strategies to reduce levels
of, and exposure to, such risks, with a
particular focus on risks among racial and
ethnic minority groups and other underserved
populations;
(B) identify gaps in available data related to such
risks;
(C) identify gaps in, and opportunities for,
research collaborations;
(D) identify funding opportunities for community-
based organizations and researchers from racially,
ethnically, and geographically diverse backgrounds;
(E) identify opportunities to increase public
awareness related to risks associated with climate
change for vulnerable individuals; and
(F) publish annual reports on the work and findings
of the Consortium on a public website of the National
Institutes of Health.
(c) Membership.--The Director shall appoint to the Consortium
representatives of such institutes, centers, and offices of the
National Institutes of Health as the Director considers appropriate,
including, at a minimum, representatives of--
(1) the National Institute of Environmental Health
Sciences;
(2) the National Institute on Minority Health and Health
Disparities;
(3) the Eunice Kennedy Shriver National Institute of Child
Health and Human Development;
(4) the National Institute of Mental Health;
(5) the National Institute of Nursing Research; and
(6) the Office of Research on Women's Health.
(d) Chairperson.--The Chairperson of the Consortium shall be
designated by the Director and selected from among the representatives
appointed under subsection (c).
(e) Consultation.--In carrying out the duties described in
subsection (b), the Consortium shall consult with--
(1) the heads of relevant Federal agencies, including--
(A) the Environmental Protection Agency;
(B) the National Oceanic and Atmospheric
Administration;
(C) the Occupational Safety and Health
Administration; and
(D) from the Department of Health and Human
Services--
(i) the Office of Minority Health in the
Office of the Secretary;
(ii) the Centers for Medicare & Medicaid
Services;
(iii) the Health Resources and Services
Administration;
(iv) the Centers for Disease Control and
Prevention;
(v) the Indian Health Service; and
(vi) the Administration for Children and
Families; and
(2) representatives of--
(A) stakeholder organizations;
(B) health care providers and professional
membership organizations with expertise in maternal
health or environmental justice;
(C) State and local public health departments;
(D) licensed and accredited hospitals, birth
centers, midwifery practices, or other health care
practices that provide prenatal or labor and delivery
services to vulnerable individuals; and
(E) institutions of higher education, including
such institutions that are minority-serving
institutions or have expertise in maternal health or
environmental justice.
SEC. 6. STRATEGY FOR IDENTIFYING CLIMATE CHANGE RISK ZONES FOR
VULNERABLE MOTHERS AND BABIES.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall develop a strategy
(in this section referred to as the ``Strategy'') for designating areas
that the Secretary determines to have a high risk of adverse maternal
and infant health outcomes among vulnerable individuals as a result of
risks associated with climate change.
(b) Strategy Requirements.--
(1) In general.--In developing the Strategy, the Secretary
shall establish a process to identify areas where vulnerable
individuals are exposed to a high risk of adverse maternal and
infant health outcomes as a result of risks associated with
climate change in conjunction with other factors that can
impact such health outcomes, including--
(A) the incidence of diseases associated with air
pollution, extreme heat, and other environmental
factors;
(B) the availability and accessibility of maternal
and infant health care providers;
(C) English-language proficiency among women of
reproductive age;
(D) the health insurance status of women of
reproductive age;
(E) the number of women of reproductive age who are
members of racial or ethnic groups with
disproportionately high rates of adverse maternal and
infant health outcomes;
(F) the socioeconomic status of women of
reproductive age, including with respect to--
(i) poverty;
(ii) unemployment;
(iii) household income; and
(iv) educational attainment; and
(G) access to quality housing, transportation, and
nutrition.
(2) Resources.--In developing the Strategy, the Secretary
shall identify, and incorporate a description of, the
following:
(A) Existing mapping tools or Federal programs that
identify--
(i) risks associated with climate change
for vulnerable individuals; and
(ii) other factors that can influence
maternal and infant health outcomes, including
the factors described in paragraph (1).
(B) Environmental, health, socioeconomic, and
demographic data relevant to identifying risks
associated with climate change for vulnerable
individuals.
(C) Existing monitoring networks that collect data
described in subparagraph (B), and any gaps in such
networks.
(D) Federal, State, and local stakeholders involved
in maintaining monitoring networks identified under
subparagraph (C), and how such stakeholders are
coordinating their monitoring efforts.
(E) Additional monitoring networks, and
enhancements to existing monitoring networks, that
would be required to address gaps identified under
subparagraph (C), including at the subcounty and census
tract level.
(F) Funding amounts required to establish the
monitoring networks identified under subparagraph (E)
and recommendations for Federal, State, and local
coordination with respect to such networks.
(G) Potential uses for data collected and generated
as a result of the Strategy, including how such data
may be used in determining recipients of grants under
the program established by section 3 or other similar
programs.
(H) Other information the Secretary considers
relevant for the development of the Strategy.
(c) Coordination and Consultation.--In developing the Strategy, the
Secretary shall--
(1) coordinate with the Administrator of the Environmental
Protection Agency and the Administrator of the National Oceanic
and Atmospheric Administration; and
(2) consult with--
(A) stakeholder organizations;
(B) health care providers and professional
membership organizations with expertise in maternal
health or environmental justice;
(C) State and local public health departments;
(D) licensed and accredited hospitals, birth
centers, midwifery practices, or other health care
providers that provide prenatal or labor and delivery
services to vulnerable individuals; and
(E) institutions of higher education, including
such institutions that are minority-serving
institutions or have expertise in maternal health or
environmental justice.
(d) Notice and Comment.--At least 240 days before the date on which
the Strategy is published in accordance with subsection (e), the
Secretary shall provide--
(1) notice of the Strategy on a public website of the
Department of Health and Human Services; and
(2) an opportunity for public comment of at least 90 days.
(e) Publication.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall publish on a public website
of the Department of Health and Human Services--
(1) the Strategy;
(2) the public comments received under subsection (d); and
(3) the responses of the Secretary to such public comments.
<all>
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118S1602 | Moms Matter Act | [
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1602 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1602
To provide for grants to address maternal mental health conditions and
substance use disorders, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mrs. Gillibrand (for herself and Mr. Booker) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for grants to address maternal mental health conditions and
substance use disorders, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moms Matter Act''.
SEC. 2. MATERNAL MENTAL HEALTH EQUITY GRANT PROGRAM.
(a) In General.--The Secretary shall establish a program to award
grants to eligible entities to address maternal mental health
conditions and substance use disorders, with a focus on demographic
groups with elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse perinatal or
childbirth outcomes.
(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to an eligible entity that--
(1) is, or will partner with, a community-based
organization to address maternal mental health conditions and
substance use disorders described in subsection (a);
(2) is operating in an area with elevated rates of maternal
mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
and
(3) is operating in a health professional shortage area
designated under section 332 of the Public Health Service Act
(42 U.S.C. 254e).
(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant for the following:
(1) Establishing or expanding maternity care programs to
improve the integration of maternal mental health and
behavioral health care services into primary care settings
where pregnant individuals regularly receive health care
services.
(2) Establishing or expanding group prenatal care programs
or postpartum care programs.
(3) Expanding existing programs that improve maternal
mental and behavioral health during the prenatal and postpartum
periods, with a focus on individuals from demographic groups
with elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes.
(4) Providing services and support for pregnant and
postpartum individuals with maternal mental health conditions
and substance use disorders, including referrals to addiction
treatment centers that offer evidence-based treatment options.
(5) Addressing stigma associated with maternal mental
health conditions and substance use disorders, with a focus on
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes.
(6) Raising awareness of warning signs of maternal mental
health conditions and substance use disorders, with a focus on
pregnant and postpartum individuals from demographic groups
with elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes.
(7) Establishing or expanding programs to prevent suicide
or self-harm among pregnant and postpartum individuals.
(8) Offering evidence-aligned programs at freestanding
birth centers that provide maternal mental and behavioral
health care education, treatments, and services, and other
services for individuals throughout the prenatal and postpartum
period.
(9) Establishing or expanding programs to provide education
and training to maternity care providers with respect to--
(A) identifying potential warning signs for
maternal mental health conditions or substance use
disorders in pregnant and postpartum individuals, with
a focus on individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes; and
(B) in the case where such providers identify such
warning signs, offering referrals to mental and
behavioral health care professionals.
(10) Developing a website, or other source, that includes
information on health care providers who treat maternal mental
health conditions and substance use disorders.
(11) Establishing or expanding programs in communities to
improve coordination between maternity care providers and
mental and behavioral health care providers who treat maternal
mental health conditions and substance use disorders, including
through the use of toll-free hotlines.
(12) Carrying out other programs aligned with evidence-
based practices for addressing maternal mental health
conditions and substance use disorders for pregnant and
postpartum individuals from demographic groups with elevated
rates of maternal mortality, severe maternal morbidity,
maternal health disparities, or other adverse perinatal or
childbirth outcomes.
(e) Reporting.--
(1) Eligible entities.--An eligible entity that receives a
grant under subsection (a) shall submit annually to the
Secretary, and make publicly available, a report on the
activities conducted using funds received through a grant under
this section. Such reports shall include quantitative and
qualitative evaluations of such activities, including the
experience of individuals who received health care through such
grant.
(2) Secretary.--Not later than the end of fiscal year 2027,
the Secretary shall submit to Congress a report that includes--
(A) a summary of the reports received under
paragraph (1);
(B) an evaluation of the effectiveness of grants
awarded under this section;
(C) recommendations with respect to expanding
coverage of evidence-based screenings and treatments
for maternal mental health conditions and substance use
disorders; and
(D) recommendations with respect to ensuring
activities described under subsection (d) continue
after the end of a grant period.
(f) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a community-based organization serving pregnant
and postpartum individuals, including such
organizations serving individuals from demographic
groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(B) a nonprofit or patient advocacy organization
with expertise in maternal mental and behavioral
health;
(C) a maternity care provider;
(D) a mental or behavioral health care provider who
treats maternal mental health conditions or substance
use disorders;
(E) a State or local governmental entity, including
a State or local public health department;
(F) an Indian Tribe or Tribal organization (as such
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)); and
(G) an Urban Indian organization (as such term is
defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603)).
(2) Freestanding birth center.--The term ``freestanding
birth center'' has the meaning given that term under section
1905(l) of the Social Security Act (42 U.S.C. 1396d(l)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Assistant
Secretary for Mental Health and Substance Use.
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $25,000,000 for each of fiscal
years 2024 through 2027.
SEC. 3. GRANTS TO GROW AND DIVERSIFY THE MATERNAL MENTAL AND BEHAVIORAL
HEALTH CARE WORKFORCE.
Title VII of the Public Health Service Act is amended by inserting
after section 757 (42 U.S.C. 294f) the following:
``SEC. 758. MATERNAL MENTAL AND BEHAVIORAL HEALTH CARE WORKFORCE
GRANTS.
``(a) In General.--The Secretary may award grants to entities to
establish or expand programs described in subsection (b) to grow and
diversify the maternal mental and behavioral health care workforce.
``(b) Use of Funds.--Recipients of grants under this section shall
use the grants to grow and diversify the maternal mental and behavioral
health care workforce by--
``(1) establishing schools or programs that provide
education and training to individuals seeking appropriate
licensing or certification as mental or behavioral health care
providers who will specialize in maternal mental health
conditions or substance use disorders; or
``(2) expanding the capacity of existing schools or
programs described in paragraph (1), for the purposes of
increasing the number of students enrolled in such schools or
programs, including by awarding scholarships for students.
``(c) Prioritization.--In awarding grants under this section, the
Secretary shall give priority to any entity that--
``(1) has demonstrated a commitment to recruiting and
retaining students and faculty from racial and ethnic minority
groups;
``(2) has developed a strategy to recruit and retain a
diverse pool of students into the maternal mental or behavioral
health care workforce program or school supported by funds
received through the grant, particularly from racial and ethnic
minority groups and other underserved populations;
``(3) has developed a strategy to recruit and retain
students who plan to practice in a health professional shortage
area designated under section 332;
``(4) has developed a strategy to recruit and retain
students who plan to practice in an area with significant
maternal health disparities, to the extent practicable; and
``(5) includes in the standard curriculum for all students
within the maternal mental or behavioral health care workforce
program or school a bias, racism, or discrimination training
program that includes training on implicit bias and racism.
``(d) Reporting.--As a condition on receipt of a grant under this
section for a maternal mental or behavioral health care workforce
program or school, an entity shall agree to submit to the Secretary an
annual report on the activities conducted through the grant,
including--
``(1) the number and demographics of students participating
in the program or school;
``(2) the extent to which students in the program or school
are entering careers in--
``(A) health professional shortage areas designated
under section 332; and
``(B) areas with significant maternal health
disparities, to the extent such data are available; and
``(3) whether the program or school has included in the
standard curriculum for all students a bias, racism, or
discrimination training program that includes training on
implicit bias and racism, and if so the effectiveness of such
training program.
``(e) Period of Grants.--The period of a grant under this section
shall be up to 5 years.
``(f) Application.--To seek a grant under this section, an entity
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require,
including any information necessary for prioritization under subsection
(c).
``(g) Technical Assistance.--The Secretary shall provide, directly
or by contract, technical assistance to entities seeking or receiving a
grant under this section on the development, use, evaluation, and
postgrant period sustainability of the maternal mental or behavioral
health care workforce programs or schools proposed to be, or being,
established or expanded through the grant.
``(h) Report by the Secretary.--Not later than 4 years after the
date of enactment of this section, the Secretary shall prepare and
submit to the Congress, and post on the internet website of the
Department of Health and Human Services, a report on the effectiveness
of the grant program under this section at--
``(1) recruiting students from racial and ethnic minority
groups and other underserved populations;
``(2) increasing the number of mental or behavioral health
care providers specializing in maternal mental health
conditions or substance use disorders from racial and ethnic
minority groups and other underserved populations;
``(3) increasing the number of mental or behavioral health
care providers specializing in maternal mental health
conditions or substance use disorders working in health
professional shortage areas designated under section 332; and
``(4) increasing the number of mental or behavioral health
care providers specializing in maternal mental health
conditions or substance use disorders working in areas with
significant maternal health disparities, to the extent such
data are available.
``(i) Definitions.--In this section:
``(1) Racial and ethnic minority group.--The term `racial
and ethnic minority group' has the meaning given such term in
section 1707(g)(1).
``(2) Mental or behavioral health care provider.--The term
`mental or behavioral health care provider' refers to a health
care provider in the field of mental and behavioral health,
including substance use disorders, acting in accordance with
State law.
``(j) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $15,000,000 for each of fiscal
years 2024 through 2028.''.
<all>
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118S1603 | Maternal Vaccinations Act | [
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1603 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1603
To amend the Public Health Service Act to increase vaccination rates of
pregnant and postpartum individuals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Kaine introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to increase vaccination rates of
pregnant and postpartum individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maternal Vaccinations Act''.
SEC. 2. MATERNAL VACCINATION AWARENESS AND EQUITY CAMPAIGN.
(a) Campaign.--Section 313 of the Public Health Service Act (42
U.S.C. 245) is amended--
(1) in subsection (a), by inserting ``and among pregnant
and postpartum individuals,'' after ``low rates of
vaccination,'';
(2) in subsection (c)(3), by striking ``prenatal and
pediatric'' and inserting ``prenatal, obstetric, and
pediatric'';
(3) in subsection (d)(4)(B), by inserting ``pregnant and
postpartum individuals and'' after ``including''; and
(4) in subsection (g), by striking ``$15,000,000 for each
of fiscal years 2021 through 2025'' and inserting ``$17,000,000
for each of fiscal years 2024 through 2028''.
(b) Additional Activities.--Section 317(k)(1)(E) of the Public
Health Service Act (42 U.S.C. 247b(k)(1)(E)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(vii) increase vaccination rates of
pregnant and postpartum individuals, including
individuals from racial and ethnic minority
groups, and their children; and''.
<all>
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118S1604 | WIC Act of 2023 | [
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[
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"Sen. Collins, Susan M. [R-ME]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1604 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1604
To amend the Child Nutrition Act of 1966 to increase the age of
eligibility for children to receive benefits under the special
supplemental nutrition program for women, infants, and children, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Casey (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to increase the age of
eligibility for children to receive benefits under the special
supplemental nutrition program for women, infants, and children, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wise Investment in Children Act of
2023'' or the ``WIC Act of 2023''.
SEC. 2. AGE OF ELIGIBILITY FOR CHILDREN UNDER THE SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM.
(a) Definition of Child.--Section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786) is amended--
(1) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Child.--The term `child' means--
``(A) a person who has attained their first
birthday but has not yet attained their fifth birthday;
and
``(B) for purposes of subsection
(d)(3)(A)(iii)(II), a person who has attained their
first birthday but has not yet attained their sixth
birthday.'';
(2) in subsection (e)(4)(A), by striking ``up to age 5'';
and
(3) in subsection (f)(7)(D)(i), by striking ``under the age
of 5''.
(b) Certification.--Section 17(d)(3)(A)(iii) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended--
(1) by striking ``A State'' and inserting the following:
``(I) In general.--A State''; and
(2) by adding at the end the following:
``(II) 5-year-old children.--
``(aa) In general.--Subject
to a waiver under clause (vi),
not later than October 1, 2027,
a State shall certify a
participant child who has had a
fifth birthday but has not yet
attained their sixth birthday,
during the period that ends on
the earlier of--
``(AA) the sixth
birthday of the child;
and
``(BB) the first
date on which the child
attends full day
kindergarten.
``(bb) Requirements.--Each
State that certifies a child
under item (aa) shall--
``(AA) ensure that
the participant child
receives required
health and nutrition
assessments; and
``(BB) establish a
system to determine the
first date on which a
participant child
attends full day
kindergarten.''.
(c) Conforming Amendment.--Section 1902(a)(53)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(53)(A)) is amended by striking ``below
the age of 5'' and inserting ``(as defined in that section)''.
SEC. 3. CERTIFICATION OF INFANTS.
(a) Definition of Infant.--Section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)) is amended by striking paragraph (5) and
inserting the following:
``(5) Infant.--The term `infant' means--
``(A) a person under 1 year of age; and
``(B) for purposes of subsection (d), a person
under 2 years of age.''.
(b) Certification.--Section 17(d)(3)(A) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at the end the
following:
``(iv) Infants.--
``(I) In general.--Subject to a
waiver under clause (vi), not later
than October 1, 2027, a State shall
certify an infant for a period of not
more than 2 years.
``(II) Assessments.--In certifying
an infant under subclause (I), a State
shall ensure that the infant receives
required health and nutrition
assessments.''.
SEC. 4. EXTENSION OF POSTPARTUM PERIOD.
(a) Breastfeeding Women.--
(1) Definition of breastfeeding woman.--Section 17(b) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended
by striking paragraph (1) and inserting the following:
``(1) Breastfeeding woman.--The term `breastfeeding woman'
means--
``(A) a woman who is not more than 1 year
postpartum and is breastfeeding the infant of the
woman; and
``(B) for purposes of subsection (d), a woman who
is not more than 2 years postpartum and is
breastfeeding the infant of the woman.''.
(2) Certification.--Section 17(d)(3)(A)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended
by striking ``1 year'' and all that follows through ``earlier''
and inserting ``not more than 2 years postpartum''.
(b) Postpartum Women.--
(1) Definition of postpartum woman.--Section 17(b) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by
striking paragraph (10) and inserting the following:
``(10) Postpartum woman.--The term `postpartum woman'
means--
``(A) a woman up to 6 months after termination of
pregnancy; and
``(B) for purposes of subsection (d), a woman up to
2 years after termination of pregnancy.''.
(2) Certification.--Section 17(d)(3)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) (as amended by
section 3(b)) is amended by adding at the end the following:
``(v) Postpartum women.--Subject to a
waiver under clause (vi), not later than
October 1, 2027, a State shall certify a
postpartum woman for a period of up to 2 years
after the termination of pregnancy of the
postpartum woman.''.
SEC. 5. WAIVER FOR CERTIFICATION.
Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(A)) (as amended by section 4(b)(2)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and
inserting ``this subparagraph''; and
(2) by adding at the end the following:
``(vi) Waiver.--
``(I) In general.--The Secretary
may grant a waiver to a State agency,
on request, that waives the
certification deadline requirement
described in clause (iii), (iv), or
(v).
``(II) Specific date.--A State
agency requesting a waiver under
subclause (I) shall specify a date by
which the State agency anticipates that
it will implement the certification
requirement under clause (iii), (iv),
or (v) for which it seeks a waiver.
``(III) Eligibility for waiver.--To
be eligible for a waiver under
subclause (I), a State agency shall
demonstrate to the satisfaction of the
Secretary 1 or more of the following:
``(aa) There are unusual
technological barriers to
implementation.
``(bb) Operational costs
are not affordable within the
nutrition services and
administration grant of the
State agency.
``(cc) It is in the best
interest of the program for the
Secretary to grant the
waiver.''.
<all>
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118S1605 | Maternal Health Pandemic Response Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1605
To authorize appropriations for data collection, surveillance, and
research on maternal health outcomes during public health emergencies,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Ms. Warren (for herself, Mr. Booker, and Mrs. Gillibrand) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize appropriations for data collection, surveillance, and
research on maternal health outcomes during public health emergencies,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maternal Health Pandemic Response
Act''.
SEC. 2. FUNDING FOR DATA COLLECTION, SURVEILLANCE, AND RESEARCH ON
MATERNAL HEALTH OUTCOMES DURING PUBLIC HEALTH
EMERGENCIES.
To conduct or support data collection, surveillance, and research
on maternal health as a result of public health emergencies and
infectious diseases that pose a risk to maternal and infant health,
including support to assist in the capacity building for State, Tribal,
territorial, and local public health departments to collect and
transmit racial, ethnic, and other demographic data related to maternal
health, there are authorized to be appropriated--
(1) $100,000,000 for the Surveillance for Emerging Threats
to Mothers and Babies program of the Centers for Disease
Control and Prevention, to support the Centers for Disease
Control and Prevention in its efforts to--
(A) work with public health, clinical, and
community-based organizations to provide timely,
continually updated guidance to families and health
care providers on ways to reduce risk to pregnant and
postpartum individuals and their newborns and tailor
interventions to improve their long-term health;
(B) partner with more State, Tribal, territorial,
and local public health programs in the collection and
analysis of clinical data on the impact of public
health emergencies and infectious diseases that pose a
risk to maternal and infant health on pregnant and
postpartum patients and their newborns, particularly
among patients from racial and ethnic minority groups;
and
(C) establish regionally based centers of
excellence to offer medical, public health, and other
knowledge to ensure communities can help pregnant and
postpartum individuals and newborns get the care and
support they need, particularly in areas with large
populations of individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes;
(2) $30,000,000 for the Enhancing Reviews and Surveillance
to Eliminate Maternal Mortality program (commonly known as the
``ERASE MM program'') of the Centers for Disease Control and
Prevention, to support the Centers for Disease Control and
Prevention in expanding its partnerships with States and Indian
Tribes and provide technical assistance to existing Maternal
Mortality Review Committees;
(3) $45,000,000 for the Pregnancy Risk Assessment
Monitoring System (commonly known as the ``PRAMS'') of the
Centers for Disease Control and Prevention, to support the
Centers for Disease Control and Prevention in its efforts to--
(A) create a supplement to its PRAMS survey related
to public health emergencies and infectious diseases
that pose a risk to maternal and infant health;
(B) add questions around experiences of respectful
maternity care in prenatal, intrapartum, and postpartum
care; and
(C) work to transition such PRAMS survey to an
electronic platform and expand such PRAMS survey to a
larger population, with a special focus on reaching
underrepresented communities, and other program
improvements; and
(4) $15,000,000 for the National Institute of Child Health
and Human Development, to conduct or support research for
interventions to mitigate the effects of public health
emergencies and infectious diseases that pose a risk to
maternal and infant health, with a particular focus on
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes.
SEC. 3. PUBLIC HEALTH EMERGENCY MATERNAL HEALTH DATA COLLECTION AND
DISCLOSURE.
(a) Availability of Collected Data.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention and the
Administrator of the Centers for Medicare & Medicaid Services, shall
make publicly available on the website of the Centers for Disease
Control and Prevention data described in subsection (b).
(b) Data Described.--The data described in this subsection are data
collected through Federal surveillance systems under the Centers for
Disease Control and Prevention with respect to public health
emergencies and individuals who are pregnant or in a postpartum period.
Such data shall include the following:
(1) Diagnostic testing, confirmed cases, hospitalizations,
deaths, and other health outcomes related to an infectious
disease outbreak among pregnant and postpartum individuals.
(2) Maternal and infant health outcomes among individuals
who test positive for an infectious disease during or after
pregnancy.
(c) American Indian and Alaska Native Health Outcomes.--In carrying
out subsection (a), the Secretary shall consult with Indian Tribes and
confer with Urban Indian organizations.
(d) Disaggregated Information.--In carrying out subsection (a), the
Secretary shall disaggregate data by race, ethnicity, gender, primary
language, geography, socioeconomic status, and other relevant factors.
(e) Update.--During public health emergencies, the Secretary shall
update the data made available under this section--
(1) at least on a monthly basis; and
(2) not less than one month after the end of such public
health emergency.
(f) Privacy.--In carrying out subsection (a), the Secretary shall
take steps to protect the privacy of individuals pursuant to
regulations promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
(g) Guidance.--
(1) In general.--Not later than 30 days after the
declaration of a public health emergency, the Secretary shall
issue guidance to States and local public health departments to
ensure that--
(A) laboratories that test specimens for an
infectious disease receive all relevant demographic
data on race, ethnicity, pregnancy status, and other
demographic data as determined by the Secretary; and
(B) data described in subsection (b) are
disaggregated by race, ethnicity, gender, primary
language, geography, socioeconomic status, and other
relevant factors.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with Indian Tribes--
(A) to ensure that such guidance includes tribally
developed best practices; and
(B) to reduce misclassification of American Indians
and Alaska Natives.
SEC. 4. PUBLIC HEALTH COMMUNICATION REGARDING MATERNAL CARE DURING
PUBLIC HEALTH EMERGENCIES.
The Director of the Centers for Disease Control and Prevention
shall conduct public health education campaigns during public health
emergencies to ensure that pregnant and postpartum individuals, their
employers, and their health care providers have accurate, evidence-
based information on maternal and infant health risks during the public
health emergency, with a particular focus on reaching pregnant and
postpartum individuals in underserved communities.
SEC. 5. TASK FORCE ON BIRTHING EXPERIENCE AND SAFE, RESPECTFUL,
RESPONSIVE, AND EMPOWERING MATERNITY CARE DURING PUBLIC
HEALTH EMERGENCIES.
(a) Establishment.--The Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention and the
Administrator of the Health Resources and Services Administration,
shall convene a task force (in this section referred to as the ``Task
Force'') to develop Federal recommendations regarding respectful,
responsive, and empowering maternity care, including safe birth care
and postpartum care, during public health emergencies.
(b) Duties.--The Task Force shall develop, publicly post, and
update Federal recommendations in multiple languages to ensure high-
quality, nondiscriminatory maternity care, promote positive birthing
experiences, and improve maternal health outcomes during public health
emergencies, with a particular focus on outcomes for individuals from
demographic groups with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes. Such recommendations shall--
(1) address, with particular attention to ensuring
equitable treatment on the basis of race and ethnicity--
(A) measures to facilitate respectful, responsive,
and empowering maternity care;
(B) measures to facilitate telehealth maternity
care for pregnant people who cannot regularly access
in-person care;
(C) strategies to increase access to specialized
care for those with high-risk pregnancies or pregnant
individuals with elevated risk factors;
(D) diagnostic testing for pregnant and laboring
patients;
(E) birthing without one's chosen companions, with
one's chosen companions, and with smartphone or other
telehealth connection to one's chosen companions;
(F) newborn separation after birth in relation to
maternal infection status;
(G) breast milk feeding in relation to maternal
infection status;
(H) licensure, training, scope of practice, and
Medicaid and other insurance reimbursement for
certified midwives, certified nurse-midwives, and
certified professional midwives, in a manner that
facilitates inclusion of midwives of color and midwives
from underserved communities;
(I) financial support and training for perinatal
health workers who provide nonclinical support to
people from pregnancy through the postpartum period in
a manner that facilitates inclusion from underserved
communities;
(J) strategies to ensure and expand doula coverage
under State Medicaid programs;
(K) how to identify, address, and treat prenatal
and postpartum mental and behavioral health conditions,
such as anxiety, substance use disorder, and
depression, during public health emergencies;
(L) how to identify and address instances of
intimate partner violence during pregnancy which may
arise or intensify during public health emergencies;
(M) strategies to address hospital capacity
concerns in communities with a surge in infectious
disease cases and to provide childbearing people with
options that reduce the potential for cross-
contamination and increase the ability to implement
their care preferences while maintaining safety and
quality, such as the use of auxiliary maternity units
and freestanding birth centers;
(N) provision of child care services during
prenatal and postpartum appointments for mothers whose
children are unable to attend as a result of
restrictions relating to the public health emergencies;
(O) how to identify and address racism, bias, and
discrimination in the delivery of maternity care
services to pregnant and postpartum people, including
evaluating the value of training for hospital staff on
implicit bias and racism, respectful, responsive, and
empowering maternity care, and demographic data
collection;
(P) how to address the needs of undocumented
pregnant individuals and new mothers who may be afraid
or unable to seek needed care during the public health
emergency;
(Q) how to address the needs of uninsured pregnant
individuals who have historically relied on emergency
departments for care;
(R) how to identify pregnant and postpartum
individuals at risk for depression, anxiety disorder,
psychosis, obsessive-compulsive disorder, and other
maternal mood disorders before, during, and after
pregnancy, and how to treat those diagnosed with a
postpartum mood disorder;
(S) how to effectively and compassionately screen
for substance use disorder during pregnancy and
postpartum and help pregnant and postpartum individuals
find support and effective treatment;
(T) how to ensure access to infant nutrition during
public health emergencies; and
(U) such other matters as the Task Force determines
appropriate;
(2) identify barriers to the implementation of the
recommendations;
(3) take into consideration existing State and other
programs that have demonstrated effectiveness in addressing
pregnancy, birth, and postpartum care during public health
emergencies; and
(4) identify policies specific to COVID-19 that should be
discontinued when safely possible and those that should be
continued as the public health emergency abates.
(c) Membership.--The Secretary shall appoint the members of the
Task Force. Such members shall be comprised of--
(1) representatives of the Department of Health and Human
Services, including representatives of--
(A) the Secretary;
(B) the Director of the Centers for Disease Control
and Prevention;
(C) the Administrator of the Health Resources and
Services Administration;
(D) the Administrator of the Centers for Medicare &
Medicaid Services;
(E) the Director of the Agency for Healthcare
Research and Quality;
(F) the Commissioner of Food and Drugs;
(G) the Assistant Secretary for Mental Health and
Substance Use; and
(H) the Director of the Indian Health Service;
(2) at least 3 State, local, or territorial public health
officials representing departments of public health, who shall
represent jurisdictions from different regions of the United
States with relatively high concentrations of historically
marginalized populations;
(3) at least 1 Tribal public health official representing
departments of public health;
(4) 1 or more representatives of community-based
organizations that address adverse maternal health outcomes
with a specific focus on racial and ethnic inequities in
maternal health outcomes, with special consideration given to
representatives of such organizations that are led by a person
of color or from communities with significant minority
populations;
(5) a professionally diverse panel of maternity care
providers and perinatal health workers;
(6) 1 or more patients who were pregnant or gave birth
during the COVID-19 public health emergency;
(7) 1 or more patients who contracted COVID-19 and later
gave birth;
(8) 1 or more patients who have received support from a
perinatal health worker; and
(9) racially and ethnically diverse representation from at
least 3 independent experts with knowledge or field experience
with racial and ethnic disparities in public health, women's
health, or maternal mortality and severe maternal morbidity.
SEC. 6. DEFINITIONS.
In this Act:
(1) Culturally and linguistically congruent.--The term
``culturally and linguistically congruent'', with respect to
care or maternity care, means care that is in agreement with
the preferred cultural values, beliefs, worldview, language,
and practices of the health care consumer and other
stakeholders.
(2) Maternal mortality.--The term ``maternal mortality''
means a death occurring during or within a 1-year period after
pregnancy, caused by pregnancy-related or childbirth
complications, including a suicide, overdose, or other death
resulting from a mental health or substance use disorder
attributed to or aggravated by pregnancy-related or childbirth
complications.
(3) Perinatal health worker.--The term ``perinatal health
worker'' means a nonclinical health worker focused on maternal
or perinatal health, such as a doula, community health worker,
peer supporter, lactation educator or counselor, nutritionist
or dietitian, childbirth educator, social worker, home visitor,
patient navigator or coordinator, or language interpreter.
(4) Postpartum and postpartum period.--The terms
``postpartum'' and ``postpartum period'' refer to the 1-year
period beginning on the last day of the pregnancy of an
individual.
(5) Public health emergency.--The term ``public health
emergency'' means a public health emergency declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d).
(6) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1)).
(7) Respectful maternity care.--The term ``respectful
maternity care'' refers to care organized for, and provided to,
pregnant and postpartum individuals in a manner that--
(A) is culturally and linguistically congruent;
(B) maintains their dignity, privacy, and
confidentiality;
(C) ensures freedom from harm and mistreatment; and
(D) enables informed choice and continuous support.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) Severe maternal morbidity.--The term ``severe maternal
morbidity'' means a health condition, including mental health
conditions and substance use disorders, attributed to or
aggravated by pregnancy or childbirth that results in
significant short-term or long-term consequences to the health
of the individual who was pregnant.
<all>
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"title": "A bill to authorize appropriations for data collection, surveillance, and research on maternal health outcomes during public health emergencies, and for other purposes.",
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} | |
118S1606 | Black Maternal Health Momnibus Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1606 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1606
To end preventable maternal mortality, severe maternal morbidity, and
maternal health disparities in the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Booker (for himself, Ms. Warren, Mr. Warnock, Mr. Merkley, Mr.
Schatz, Mr. Casey, Mr. Sanders, Mr. Van Hollen, Mr. Padilla, Mr.
Menendez, Mrs. Gillibrand, Mr. Cardin, Mr. Heinrich, Ms. Klobuchar, Mr.
Welch, Mr. Bennet, Ms. Baldwin, Ms. Smith, Mr. Markey, Ms. Stabenow,
Mr. Durbin, Ms. Duckworth, Mr. Fetterman, Ms. Hirono, Mr. Kaine, Mr.
Blumenthal, Mr. Brown, and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To end preventable maternal mortality, severe maternal morbidity, and
maternal health disparities in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Maternal Health Momnibus
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Sense of Congress.
TITLE I--SOCIAL DETERMINANTS FOR MOMS
Sec. 101. Task force to address the United States maternal health
crisis.
Sec. 102. Sustained funding to address social determinants of maternal
health.
TITLE II--EXTENDING WIC FOR NEW MOMS
Sec. 201. Extending WIC eligibility for new moms.
TITLE III--HONORING KIRA JOHNSON
Sec. 301. Sustained funding for community-based organizations to
advance maternal health equity.
Sec. 302. Respectful maternity care training for all employees in
maternity care settings.
Sec. 303. Study on reducing and preventing bias, racism, and
discrimination in maternity care settings.
Sec. 304. Respectful maternity care compliance program.
Sec. 305. GAO report.
TITLE IV--MATERNAL HEALTH FOR VETERANS
Sec. 401. Support for maternity health care and coordination programs
of the Department of Veterans Affairs.
TITLE V--PERINATAL WORKFORCE
Sec. 501. HHS agency directives.
Sec. 502. Grants to grow and diversify the perinatal workforce.
Sec. 503. Grants to grow and diversify the nursing workforce in
maternal and perinatal health.
Sec. 504. GAO report.
Sec. 505. Definitions.
TITLE VI--DATA TO SAVE MOMS
Sec. 601. Funding for maternal mortality review committees to promote
representative community engagement.
Sec. 602. Data collection and review.
Sec. 603. Review of maternal health data collection processes and
quality measures.
Sec. 604. Study on maternal health among American Indian and Alaska
Native individuals.
Sec. 605. Grants to minority-serving institutions to study maternal
mortality, severe maternal morbidity, and
other adverse maternal health outcomes.
TITLE VII--MOMS MATTER
Sec. 701. Maternal mental health equity grant program.
Sec. 702. Grants to grow and diversify the maternal mental and
behavioral health care workforce.
TITLE VIII--JUSTICE FOR INCARCERATED MOMS
Sec. 801. Ending the shackling of pregnant individuals.
Sec. 802. Creating model programs for the care of incarcerated
individuals in the prenatal and postpartum
periods.
Sec. 803. Grant program to improve maternal health outcomes for
individuals in State and local prisons and
jails.
Sec. 804. GAO report.
TITLE IX--TECH TO SAVE MOMS
Sec. 901. Integrated telehealth models in maternity care services.
Sec. 902. Grants to expand the use of technology-enabled collaborative
learning and capacity models for pregnant
and postpartum individuals.
Sec. 903. Grants to promote equity in maternal health outcomes through
digital tools.
Sec. 904. Report on the use of technology in maternity care.
TITLE X--IMPACT TO SAVE MOMS
Sec. 1001. Perinatal Care Alternative Payment Model Demonstration
Project.
TITLE XI--MATERNAL HEALTH PANDEMIC RESPONSE
Sec. 1101. Definitions.
Sec. 1102. Funding for data collection, surveillance, and research on
maternal health outcomes during public
health emergencies.
Sec. 1103. Public health emergency maternal health data collection and
disclosure.
Sec. 1104. Public health communication regarding maternal care during
public health emergencies.
Sec. 1105. Task force on birthing experience and safe, respectful,
responsive, and empowering maternity care
during public health emergencies.
TITLE XII--PROTECTING MOMS AND BABIES AGAINST CLIMATE CHANGE
Sec. 1201. Definitions.
Sec. 1202. Grant program to protect vulnerable mothers and babies from
climate change risks.
Sec. 1203. Grant program for education and training at health
profession schools.
Sec. 1204. NIH Consortium on Birth and Climate Change Research.
Sec. 1205. Strategy for identifying climate change risk zones for
vulnerable mothers and babies.
TITLE XIII--MATERNAL VACCINATIONS
Sec. 1301. Maternal vaccination awareness and equity campaign.
SEC. 3. DEFINITIONS.
In this Act:
(1) Culturally and linguistically congruent.--The term
``culturally and linguistically congruent'', with respect to
care or maternity care, means care that is in agreement with
the preferred cultural values, beliefs, worldview, language,
and practices of the health care consumer and other
stakeholders.
(2) Maternal mortality.--The term ``maternal mortality''
means a death occurring during or within a 1-year period after
pregnancy, caused by pregnancy-related or childbirth
complications, including a suicide, overdose, or other death
resulting from a mental health or substance use disorder
attributed to or aggravated by pregnancy-related or childbirth
complications.
(3) Maternity care provider.--The term ``maternity care
provider'' means a health care provider who--
(A) is a physician, a physician assistant, a
midwife who meets, at a minimum, the international
definition of a midwife and global standards for
midwifery education as established by the International
Confederation of Midwives, an advanced practice
registered nurse, or a lactation consultant certified
by the International Board of Lactation Consultant
Examiners; and
(B) has a focus on maternal or perinatal health.
(4) Perinatal health worker.--The term ``perinatal health
worker'' means a nonclinical health worker focused on maternal
or perinatal health, such as a doula, community health worker,
peer supporter, lactation educator or counselor, nutritionist
or dietitian, childbirth educator, social worker, home visitor,
patient navigator or coordinator, or language interpreter.
(5) Postpartum and postpartum period.--The terms
``postpartum'' and ``postpartum period'' refer to the 1-year
period beginning on the last day of the pregnancy of an
individual.
(6) Pregnancy-associated death.--The term ``pregnancy-
associated death'' means a death of a pregnant or postpartum
individual, by any cause, that occurs during, or within 1 year
following, the individual's pregnancy, regardless of the
outcome, duration, or site of the pregnancy.
(7) Pregnancy-related death.--The term ``pregnancy-related
death'' means a death of a pregnant or postpartum individual
that occurs during, or within 1 year following, the
individual's pregnancy, from a pregnancy complication, a chain
of events initiated by pregnancy, or the aggravation of an
unrelated condition by the physiologic effects of pregnancy.
(8) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1)).
(9) Severe maternal morbidity.--The term ``severe maternal
morbidity'' means a health condition, including mental health
conditions and substance use disorders, attributed to or
aggravated by pregnancy or childbirth that results in
significant short-term or long-term consequences to the health
of the individual who was pregnant.
(10) Social determinants of maternal health defined.--The
term ``social determinants of maternal health'' means
nonclinical factors that impact maternal health outcomes.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the respect and proper care that birthing people
deserve is inclusive; and
(2) regardless of race, ethnicity, gender identity, sexual
orientation, religion, marital status, primary language,
familial status, socioeconomic status, immigration status,
incarceration status, or disability, all deserve dignity.
TITLE I--SOCIAL DETERMINANTS FOR MOMS
SEC. 101. TASK FORCE TO ADDRESS THE UNITED STATES MATERNAL HEALTH
CRISIS.
(a) In General.--The Secretary of Health and Human Services shall
convene a task force (in this section referred to as the ``Task
Force'') to develop strategies and coordinate efforts between Federal
agencies and other stakeholders to eliminate preventable maternal
mortality, severe maternal morbidity, and maternal health disparities
in the United States, including actions to address clinical and
nonclinical causes of maternal mortality, severe maternal morbidity,
and maternal health disparities.
(b) Ex Officio Members.--The ex officio members of the Task Force
shall consist of the following:
(1) The Secretary of Health and Human Services (or a
designee thereof).
(2) The Secretary of Housing and Urban Development (or a
designee thereof).
(3) The Secretary of Transportation (or a designee
thereof).
(4) The Secretary of Agriculture (or a designee thereof).
(5) The Secretary of Labor (or a designee thereof).
(6) The Administrator of the Environmental Protection
Agency (or a designee thereof).
(7) The Assistant Secretary for the Administration for
Children and Families (or a designee thereof).
(8) The Administrator of the Centers for Medicare &
Medicaid Services (or a designee thereof).
(9) The Director of the Indian Health Service (or a
designee thereof).
(10) The Director of the National Institutes of Health (or
a designee thereof).
(11) The Director of the Eunice Kennedy Shriver National
Institute of Child Health and Human Development (or a designee
thereof).
(12) The Administrator of the Health Resources and Services
Administration (or a designee thereof).
(13) The Deputy Assistant Secretary for Minority Health of
the Department of Health and Human Services (or a designee
thereof).
(14) The Deputy Assistant Secretary for Women's Health of
the Department of Health and Human Services (or a designee
thereof).
(15) The Director of the Centers for Disease Control and
Prevention (or a designee thereof).
(16) The Director of the Office on Violence Against Women
at the Department of Justice (or a designee thereof).
(c) Appointed Members.--In addition to the ex officio members of
the Task Force, the Secretary of Health and Human Services may appoint
the following members of the Task Force:
(1) Representatives of patients, to include--
(A) a representative of patients who have suffered
from severe maternal morbidity; or
(B) a representative of patients who is a family
member of an individual who suffered a pregnancy-
related death.
(2) Leaders of community-based organizations that address
maternal mortality, severe maternal morbidity, and maternal
health with a specific focus on racial and ethnic disparities.
In appointing such leaders under this paragraph, the Secretary
of Health and Human Services shall give priority to individuals
who are leaders of organizations led by individuals from
demographic groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities, or
other adverse perinatal or childbirth outcomes.
(3) Perinatal health workers.
(4) A professionally and geographically diverse panel of
maternity care providers.
(5) Other maternal health stakeholders outside of the
Federal Government with expertise in maternal health, including
social determinants of maternal health.
(d) Chair.--The Secretary of Health and Human Services shall select
the chair of the Task Force from among the members of the Task Force.
(e) Topics.--In developing strategies coordinating efforts between
Federal agencies and other stakeholders to eliminate preventable
maternal mortality, severe maternal morbidity, and maternal health
disparities in the United States under this section, the Task Force may
address topics such as--
(1) addressing barriers that prevent individuals from
attending prenatal and postpartum appointments, accessing
maternal health care services, or accessing services and
resources related to social determinants of maternal health;
(2) increasing access to safe, stable, affordable, and
adequate housing for pregnant and postpartum individuals and
their families;
(3) delivering healthy food, infant formula, clean water,
diapers, or other perinatal necessities to pregnant and
postpartum individuals located in areas that are food deserts;
(4) addressing the impacts of water and air quality,
exposure to extreme temperatures, environmental chemicals,
environmental risks in the workplace and the home, and
pollution levels, on maternal and infant health outcomes;
(5) offering free and accessible drop-in childcare services
during prenatal and postpartum appointments;
(6) addressing the clinical and nonclinical needs of
postpartum individuals and their families for the duration of
the postpartum period;
(7) engaging with nongovernmental entities to address
social determinants of maternal health, including through
public-private partnerships;
(8) addressing the impact of domestic or intimate partner
violence on maternal health outcomes; and
(9) other topics determined by the chair of the Task Force.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and every year thereafter, the Task Force shall submit to
Congress and make publicly available on the website of the Department
of Health and Human Services a report--
(1) describing the Task Force's efforts to develop
strategies and coordinate efforts between Federal agencies and
other stakeholders to eliminate preventable maternal mortality,
severe maternal morbidity, and maternal health disparities in
the United States;
(2) providing an overview of actions taken by each member
of the Task Force listed under subsection (b) to eliminate
preventable maternal mortality, severe maternal morbidity, and
maternal health disparities in the United States;
(3) providing recommendations on Federal funding amounts
and authorities needed to implement strategies developed by the
Task Force to eliminate preventable maternal mortality, severe
maternal morbidity, and maternal health disparities in the
United States;
(4) providing recommendations on actions that stakeholders
outside of the Federal Government can take to eliminate
preventable maternal mortality, severe maternal morbidity, and
maternal health disparities in the United States; and
(5) addressing other topics as determined by the chair of
the Task Force.
(g) Termination.--Section 1013 of title 5, United States Code,
shall not apply to the Task Force with respect to termination.
SEC. 102. SUSTAINED FUNDING TO ADDRESS SOCIAL DETERMINANTS OF MATERNAL
HEALTH.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall award grants to
eligible entities to address social determinants of maternal health to
eliminate maternal mortality, severe maternal morbidity, and maternal
health disparities.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) a community-based organization, Indian Tribe or Tribal
organization, or Urban Indian organization;
(2) a public health department or nonprofit organization
working with an entity listed in paragraph (1); or
(3) a consortium of entities listed in paragraph (1) or (2)
that includes at minimum one entity listed in paragraph (1).
(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may provide.
(d) Prioritization.--In awarding grants under subsection (a), the
Secretary shall give priority to an eligible entity that is operating
in an area with--
(1) high rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes; and
(2) a high poverty rate.
(e) Activities.--An eligible entity that receives a grant under
this section may use the grant to address social determinants of
maternal health such as--
(1) housing;
(2) transportation;
(3) nutrition;
(4) employment, workplace conditions, and other economic
factors;
(5) environmental conditions;
(6) intimate partner violence; and
(7) other nonclinical factors that impact maternal health
outcomes.
(f) Technical Assistance.--The Secretary shall provide to grant
recipients under this section technical assistance to plan for
sustaining programs to address social determinants of maternal health
after the period of the grant.
(g) Reporting.--
(1) Grantees.--Not later than 1 year after an eligible
entity first receives a grant under this section, and annually
thereafter, an eligible entity shall submit to the Secretary,
and make publicly available, a report on the status of
activities conducted using the grant. Each such report shall
include data on the effects of such activities, disaggregated
by race, ethnicity, gender, primary language, geography,
socioeconomic status, and other relevant factors.
(2) Secretary.--Not later than the end of fiscal year 2028,
the Secretary shall submit to Congress a report that includes--
(A) a summary of the reports under paragraph (1);
and
(B) recommendations for future Federal grant
allocations to address social determinants of maternal
health.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2024 through 2028.
TITLE II--EXTENDING WIC FOR NEW MOMS
SEC. 201. EXTENDING WIC ELIGIBILITY FOR NEW MOMS.
(a) Extension of Postpartum Period.--Section 17(b)(10) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking
``six months'' and inserting ``24 months''.
(b) Extension of Breastfeeding Period.--Section 17(d)(3)(A)(ii) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is
amended by striking ``1 year'' and inserting ``24 months''.
(c) Report.--Not later than 2 years after the date of the enactment
of this section, the Secretary shall submit to Congress a report that
includes an evaluation of the effect of each of the amendments made by
this section on--
(1) maternal and infant health outcomes, including racial
and ethnic disparities with respect to such outcomes;
(2) breastfeeding rates among postpartum individuals;
(3) qualitative evaluations of family experiences under the
special supplemental nutrition program under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786); and
(4) other relevant information as determined by the
Secretary.
TITLE III--HONORING KIRA JOHNSON
SEC. 301. SUSTAINED FUNDING FOR COMMUNITY-BASED ORGANIZATIONS TO
ADVANCE MATERNAL HEALTH EQUITY.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall award grants to
eligible entities to establish or expand programs to advance maternal
health equity.
(b) Timing.--Following the 1-year period described in subsection
(d), the Secretary shall commence awarding the grants authorized by
subsection (a).
(c) Eligible Entities.--To be eligible to seek a grant under this
section, an entity shall be a community-based organization offering
programs and resources aligned with evidence-based practices for
improving maternal health outcomes for demographic groups with elevated
rates of maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes.
(d) Outreach and Technical Assistance Period.--During the 1-year
period beginning on the date of enactment of this Act, the Secretary
shall--
(1) conduct outreach to encourage eligible entities to
apply for grants under this section; and
(2) provide technical assistance to eligible entities on
best practices for applying for grants under this section.
(e) Special Consideration.--
(1) Outreach.--In conducting outreach under subsection (d),
the Secretary shall give special consideration to eligible
entities that--
(A) are based in, and provide support for,
communities with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes, to
the extent such data are available;
(B) are led by individuals from demographic groups
with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or
other adverse perinatal or childbirth outcomes; and
(C) offer programs and resources that are aligned
with evidence-based practices for improving maternal
health outcomes for individuals from demographic groups
with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or
other adverse perinatal or childbirth outcomes.
(2) Awards.--In awarding grants under this section, the
Secretary shall give special consideration to eligible entities
that--
(A) are described in subparagraphs (A), (B), and
(C) of paragraph (1);
(B) offer programs and resources designed in
consultation with and intended for individuals from
demographic groups with elevated rates of maternal
mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth
outcomes;
(C) offer programs and resources in the communities
in which the respective eligible entities are located
that--
(i) promote maternal mental health and
maternal substance use disorder treatments and
supports that are aligned with evidence-based
practices for improving maternal mental and
behavioral health outcomes for individuals from
demographic groups with elevated rates of
maternal mortality, severe maternal morbidity,
maternal health disparities, or other adverse
perinatal or childbirth outcomes;
(ii) address social determinants of
maternal health;
(iii) promote evidence-based health
literacy and pregnancy, childbirth, and
parenting education;
(iv) provide support from perinatal health
workers;
(v) provide culturally and linguistically
congruent training to perinatal health workers;
(vi) conduct or support research on
maternal health issues disproportionately
impacting individuals from demographic groups
with elevated rates of maternal mortality,
severe maternal morbidity, maternal health
disparities, or other adverse perinatal or
childbirth outcomes;
(vii) offer group prenatal care or group
postpartum care;
(viii) coordinate mutual aid efforts during
infant formula shortages, including community
milk depots, donor human milk banks and
exchanges, and forums for community outreach
and education;
(ix) provide support to individuals or
family members of individuals who suffered a
pregnancy loss, pregnancy-associated death, or
pregnancy-related death; or
(x) operate midwifery practices that
provide culturally and linguistically congruent
maternal health care and support, including for
the purposes of--
(I) supporting additional
education, training, and certification
programs, including support for
distance learning;
(II) providing financial support to
current and future midwives to address
education costs, debts, and other
needs;
(III) clinical site investments;
(IV) supporting preceptor
development trainings;
(V) expanding the midwifery
practice; or
(VI) related needs identified by
the midwifery practice and described in
the practice's application; and
(D) have developed other programs and resources
that address community-specific needs for pregnant and
postpartum individuals and are aligned with evidence-
based practices for improving maternal health outcomes
for individuals from demographic groups with elevated
rates of maternal mortality, severe maternal morbidity,
maternal health disparities, or other adverse perinatal
or childbirth outcomes.
(f) Technical Assistance.--The Secretary shall provide to grant
recipients under this section technical assistance on--
(1) capacity building to establish or expand programs to
advance maternal health equity;
(2) best practices in data collection, measurement,
evaluation, and reporting; and
(3) planning for sustaining programs to advance maternal
health equity after the period of the grant.
(g) Evaluation.--Not later than the end of fiscal year 2028, the
Secretary shall submit to the Congress an evaluation of the grant
program under this section that--
(1) assesses the effectiveness of outreach efforts during
the application process in diversifying the pool of grant
recipients;
(2) makes recommendations for future outreach efforts to
diversify the pool of grant recipients for Department of Health
and Human Services grant programs and funding opportunities
related to maternal health;
(3) assesses the effectiveness of programs funded by grants
under this section in improving maternal health outcomes for
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes,
to the extent practicable; and
(4) makes recommendations for future Department of Health
and Human Services grant programs and funding opportunities
that deliver funding to community-based organizations that
provide programs and resources that are aligned with evidence-
based practices for improving maternal health outcomes for
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes.
(h) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for each of fiscal
years 2024 through 2028.
SEC. 302. RESPECTFUL MATERNITY CARE TRAINING FOR ALL EMPLOYEES IN
MATERNITY CARE SETTINGS.
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 new section:
``SEC. 742. RESPECTFUL MATERNITY CARE TRAINING FOR ALL EMPLOYEES IN
MATERNITY CARE SETTINGS.
``(a) Grants.--The Secretary shall award grants for programs to
reduce and prevent bias, racism, and discrimination in maternity care
settings and to advance respectful, culturally and linguistically
congruent, trauma-informed care.
``(b) Special Consideration.--In awarding grants under subsection
(a), the Secretary shall give special consideration to applications for
programs that would--
``(1) apply to all maternity care providers and any
employees who interact with pregnant and postpartum individuals
in the provider setting, including front desk employees,
sonographers, schedulers, health care professionals, hospital
or health system administrators, security staff, and other
employees;
``(2) emphasize periodic, as opposed to one-time, trainings
for all birthing professionals and employees described in
paragraph (1);
``(3) address implicit bias, racism, and cultural humility;
``(4) be delivered in ongoing education settings for
providers maintaining their licenses, with a preference for
trainings that provide continuing education units;
``(5) include trauma-informed care best practices and an
emphasis on shared decision making between providers and
patients;
``(6) include antiracism training and programs;
``(7) be delivered in undergraduate programs that funnel
into health professions schools;
``(8) be delivered in settings that apply to providers of
the special supplemental nutrition program for women, infants,
and children under section 17 of the Child Nutrition Act of
1966;
``(9) integrate bias training in obstetric emergency
simulation trainings or related trainings;
``(10) include training for emergency department employees
and emergency medical technicians on recognizing warning signs
for severe pregnancy-related complications;
``(11) offer training to all maternity care providers on
the value of racially, ethnically, and professionally diverse
maternity care teams to provide culturally and linguistically
congruent care; or
``(12) be based on one or more programs designed by a
historically Black college or university or other minority-
serving institution.
``(c) Application.--To seek a grant under subsection (a), an entity
shall submit an application at such time, in such manner, and
containing such information as the Secretary may require.
``(d) Reporting.--Each recipient of a grant under this section
shall annually submit to the Secretary a report on the status of
activities conducted using the grant, including, as applicable, a
description of the impact of training provided through the grant on
patient outcomes and patient experience for pregnant and postpartum
individuals from racial and ethnic minority groups and their families.
``(e) Best Practices.--Based on the annual reports submitted
pursuant to subsection (d), the Secretary--
``(1) shall produce an annual report on the findings
resulting from programs funded through this section;
``(2) shall disseminate such report to all recipients of
grants under this section and to the public; and
``(3) may include in such report findings on best practices
for improving patient outcomes and patient experience for
pregnant and postpartum individuals from racial and ethnic
minority groups and their families in maternity care settings.
``(f) Definitions.--In this section:
``(1) The term `postpartum' means the 1-year period
beginning on the last day of an individual's pregnancy.
``(2) The term `culturally and linguistically congruent'
means in agreement with the preferred cultural values, beliefs,
worldview, language, and practices of the health care consumer
and other stakeholders.
``(3) The term `racial and ethnic minority group' has the
meaning given such term in section 1707(g)(1).
``(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 303. STUDY ON REDUCING AND PREVENTING BIAS, RACISM, AND
DISCRIMINATION IN MATERNITY CARE SETTINGS.
(a) In General.--The Secretary of Health and Human Services shall
seek to enter into an agreement, not later than 90 days after the date
of enactment of this Act, with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') under which the National Academies agree to--
(1) conduct a study on the design and implementation of
programs to reduce and prevent bias, racism, and discrimination
in maternity care settings and to advance respectful,
culturally and linguistically congruent, trauma-informed care;
and
(2) not later than 24 months after the date of enactment of
this Act--
(A) complete the study; and
(B) transmit a report on the results of the study
to the Congress.
(b) Possible Topics.--The agreement entered into pursuant to
subsection (a) may provide for the study of any of the following:
(1) The development of a scorecard or other evaluation
standards for programs designed to reduce and prevent bias,
racism, and discrimination in maternity care settings to assess
the effectiveness of such programs in improving patient
outcomes and patient experience for pregnant and postpartum
individuals from racial and ethnic minority groups and their
families.
(2) Determination of the types and frequency of training to
reduce and prevent bias, racism, and discrimination in
maternity care settings that are demonstrated to improve
patient outcomes or patient experience for pregnant and
postpartum individuals from racial and ethnic minority groups
and their families.
SEC. 304. RESPECTFUL MATERNITY CARE COMPLIANCE PROGRAM.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall award grants
to accredited hospitals, health systems, and other maternity care
settings to establish as an integral part of quality implementation
initiatives within one or more hospitals or other birth settings a
respectful maternity care compliance program.
(b) Program Requirements.--A respectful maternity care compliance
program funded through a grant under this section shall--
(1) institutionalize mechanisms to allow patients receiving
maternity care services, the families of such patients, or
perinatal health workers supporting such patients to report
instances of racism or evidence of bias on the basis of race,
ethnicity, or another protected class;
(2) institutionalize response mechanisms through which
representatives of the program can directly follow up with the
patient, if possible, and the patient's family in a timely
manner;
(3) prepare and make publicly available a hospital- or
health system-wide strategy to reduce bias on the basis of
race, ethnicity, or another protected class in the delivery of
maternity care that includes--
(A) information on the training programs to reduce
and prevent bias, racism, and discrimination on the
basis of race, ethnicity, or another protected class
for all employees in maternity care settings;
(B) information on the number of cases reported to
the compliance program; and
(C) the development of methods to routinely assess
the extent to which bias, racism, or discrimination on
the basis of race, ethnicity, or another protected
class is present in the delivery of maternity care to
patients from racial and ethnic minority groups;
(4) develop mechanisms to routinely collect and publicly
report hospital-level data related to patient-reported
experience of care; and
(5) provide annual reports to the Secretary with
information about each case reported to the compliance program
over the course of the year containing such information as the
Secretary may require, such as--
(A) deidentified demographic information on the
patient in the case, such as race, ethnicity, gender
identity, and primary language;
(B) the content of the report from the patient or
the family of the patient to the compliance program;
(C) the response from the compliance program; and
(D) to the extent applicable, institutional changes
made as a result of the case.
(c) Secretary Requirements.--
(1) Processes.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish processes
for--
(A) disseminating best practices for establishing
and implementing a respectful maternity care compliance
program within a hospital or other birth setting;
(B) promoting coordination and collaboration
between hospitals, health systems, and other maternity
care delivery settings on the establishment and
implementation of respectful maternity care compliance
programs; and
(C) evaluating the effectiveness of respectful
maternity care compliance programs on maternal health
outcomes and patient and family experiences, especially
for patients from racial and ethnic minority groups and
their families.
(2) Study.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall,
through a contract with an independent research
organization, conduct a study on strategies to
address--
(i) racism or bias on the basis of race,
ethnicity, or another protected class in the
delivery of maternity care services; and
(ii) successful implementation of
respectful care initiatives.
(B) Components of study.--The study shall include
the following:
(i) An assessment of the reports submitted
to the Secretary from the respectful maternity
care compliance programs pursuant to subsection
(b)(5).
(ii) Based on such assessment,
recommendations for potential accountability
mechanisms related to cases of racism or bias
on the basis of race, ethnicity, or another
protected class in the delivery of maternity
care services at hospitals and other birth
settings. Such recommendations shall take into
consideration medical and nonmedical factors
that contribute to adverse patient experiences
and maternal health outcomes.
(C) Report.--The Secretary shall submit to the
Congress and make publicly available a report on the
results of the study under this paragraph.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2024 through 2029.
SEC. 305. GAO REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act and annually thereafter, the Comptroller General of the
United States shall submit to the Congress and make publicly available
a report on the establishment of respectful maternity care compliance
programs within hospitals, health systems, and other maternity care
settings.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) Information regarding the extent to which hospitals,
health systems, and other maternity care settings have elected
to establish respectful maternity care compliance programs,
including--
(A) which hospitals and other birth settings elect
to establish compliance programs and when such programs
are established;
(B) to the extent practicable, impacts of the
establishment of such programs on maternal health
outcomes and patient and family experiences in the
hospitals and other birth settings that have
established such programs, especially for patients from
racial and ethnic minority groups and their families;
(C) information on geographic areas, and types of
hospitals or other birth settings, where respectful
maternity care compliance programs are not being
established and information on factors contributing to
decisions to not establish such programs; and
(D) recommendations for establishing respectful
maternity care compliance programs in geographic areas,
and types of hospitals or other birth settings, where
such programs are not being established.
(2) Whether the funding made available to carry out this
section has been sufficient and, if applicable, recommendations
for additional appropriations to carry out this section.
(3) Such other information as the Comptroller General
determines appropriate.
TITLE IV--MATERNAL HEALTH FOR VETERANS
SEC. 401. SUPPORT FOR MATERNITY HEALTH CARE AND COORDINATION PROGRAMS
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter until September 30,
2028, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and the House of Representatives,
and make publicly available, a report that contains the following:
(1) A summary of the activities carried out under the
programs of the Department of Veterans Affairs relating to
maternity health care or coordination.
(2) Data on maternal health outcomes of veterans who
receive care furnished by the Secretary of Veterans Affairs,
including pursuant to such programs.
(3) Recommendations by the Secretary of Veterans Affairs to
improve the maternal health outcomes of veterans, with a
particular focus on veterans from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Veterans Affairs $15,000,000 for each of
fiscal years 2024, 2025, 2026, 2027, and 2028, for the programs
of the Department of Veterans Affairs relating to maternity
care coordination and related programs, including the maternity
care coordination program described in Veterans Health
Administration Directive 1330.03.
(2) Supplement not supplant.--Amounts authorized under
paragraph (1) are authorized in addition to any other amounts
authorized for maternity health care and coordination for the
Department of Veterans Affairs.
TITLE V--PERINATAL WORKFORCE
SEC. 501. HHS AGENCY DIRECTIVES.
(a) Guidance to States.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall issue and disseminate guidance to States to
educate providers, managed care entities, and other insurers
about the value and process of delivering respectful maternal
health care through diverse and multidisciplinary care provider
models.
(2) Contents.--The guidance required by paragraph (1) shall
address how States can encourage and incentivize hospitals,
health systems, midwifery practices, freestanding birth
centers, other maternity care provider groups, managed care
entities, and other insurers--
(A) to recruit and retain maternity care providers,
mental and behavioral health care providers acting in
accordance with State law, and registered dietitians or
nutrition professionals (as such term is defined in
section 1861(vv)(2) of the Social Security Act (42
U.S.C. 1395x(vv)(2)))--
(i) from racially, ethnically, and
linguistically diverse backgrounds;
(ii) with experience practicing in racially
and ethnically diverse communities; and
(iii) who have undergone training on
implicit bias and racism;
(B) to incorporate into maternity care teams--
(i) midwives who meet, at a minimum, the
international definition of a midwife and
global standards for midwifery education as
established by the International Confederation
of Midwives;
(ii) perinatal health workers;
(iii) physician assistants;
(iv) advanced practice registered nurses;
and
(v) lactation consultants certified by the
International Board of Lactation Consultant
Examiners;
(C) to provide collaborative, culturally and
linguistically congruent care; and
(D) to provide opportunities for individuals
enrolled in accredited midwifery education programs to
participate in job shadowing with maternity care teams
in hospitals, health systems, midwifery practices, and
freestanding birth centers.
(b) Study on Respectful and Culturally and Linguistically Congruent
Maternity Care.--
(1) Study.--The Secretary of Health and Human Services
acting through the Director of the National Institutes of
Health (in this subsection referred to as the ``Secretary'')
shall conduct a study on best practices in respectful and
culturally and linguistically congruent maternity care.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) complete the study required by paragraph (1);
(B) submit to the Congress and make publicly
available a report on the results of such study; and
(C) include in such report--
(i) a compendium of examples of hospitals,
health systems, midwifery practices,
freestanding birth centers, other maternity
care provider groups, managed care entities,
and other insurers that are delivering
respectful and culturally and linguistically
congruent maternal health care;
(ii) a compendium of examples of hospitals,
health systems, midwifery practices,
freestanding birth centers, other maternity
care provider groups, managed care entities,
and other insurers that have made progress in
reducing disparities in maternal health
outcomes and improving birthing experiences for
pregnant and postpartum individuals from racial
and ethnic minority groups; and
(iii) recommendations to hospitals, health
systems, midwifery practices, freestanding
birth centers, other maternity care provider
groups, managed care entities, and other
insurers, for best practices in respectful and
culturally and linguistically congruent
maternity care.
SEC. 502. GRANTS TO GROW AND DIVERSIFY THE PERINATAL WORKFORCE.
Title VII of the Public Health Service Act is amended by inserting
after section 757 (42 U.S.C. 294f) the following new section:
``SEC. 758. PERINATAL WORKFORCE GRANTS.
``(a) In General.--The Secretary shall award grants to entities to
establish or expand programs described in subsection (b) to grow and
diversify the perinatal workforce.
``(b) Use of Funds.--Recipients of grants under this section shall
use the grants to grow and diversify the perinatal workforce by--
``(1) establishing accredited schools or programs that
provide education and training to individuals seeking
appropriate licensing and certification as--
``(A) physician assistants who will complete
clinical training in the field of maternal and
perinatal health;
``(B) perinatal health workers; or
``(C) midwives who meet, at a minimum, the
international definition of a midwife and global
standards for midwifery education as established by the
International Confederation of Midwives; and
``(2) expanding the capacity of existing accredited schools
or programs described in paragraph (1), for the purposes of
increasing the number of students enrolled in such accredited
schools or programs, such as by awarding scholarships for
students (including students from racially, ethnically, and
linguistically diverse backgrounds).
``(c) Prioritization.--In awarding grants under this section, the
Secretary shall give priority to a school or program described in
subsection (b) that--
``(1) has demonstrated a commitment to recruiting and
retaining students and faculty from racial and ethnic minority
groups;
``(2) has developed a strategy to recruit and retain a
diverse pool of students into the school or program described
in subsection (b) that is supported by funds received through
the grant, particularly from racial and ethnic minority groups
and other underserved populations;
``(3) has developed a strategy to recruit and retain
students who plan to practice in a health professional shortage
area designated under section 332;
``(4) has developed a strategy to recruit and retain
students who plan to practice in an area with significant
racial and ethnic disparities in maternal health outcomes, to
the extent practicable; and
``(5) includes in the standard curriculum for all students
within the school or program described in subsection (b) a
bias, racism, or discrimination training program that includes
training on implicit bias and racism.
``(d) Reporting.--As a condition on receipt of a grant under this
section for a school or program described in subsection (b), an entity
shall agree to submit to the Secretary an annual report on the
activities conducted through the grant, including--
``(1) the number and demographics of students participating
in the school or program;
``(2) the extent to which students in the school or program
are entering careers in--
``(A) health professional shortage areas designated
under section 332; and
``(B) areas with elevated rates of maternal
mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth
outcomes, to the extent such data are available; and
``(3) whether the school or program has included in the
standard curriculum for all students a bias, racism, or
discrimination training program that includes explicit and
implicit bias, and if so the effectiveness of such training
program.
``(e) Period of Grants.--The period of a grant under this section
shall be up to 5 years.
``(f) Application.--To seek a grant under this section, an entity
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require,
including any information necessary for prioritization under subsection
(c).
``(g) Technical Assistance.--The Secretary shall provide, directly
or by contract, technical assistance to entities seeking or receiving a
grant under this section on the development, use, evaluation, and
postgrant period sustainability of the school or program described in
subsection (b) that is proposed to be, or is being, established or
expanded through the grant.
``(h) Report by the Secretary.--Not later than 4 years after the
date of enactment of this section, the Secretary shall prepare and
submit to the Congress, and post on the internet website of the
Department of Health and Human Services, a report on the effectiveness
of the grant program under this section at--
``(1) recruiting students from racial and ethnic minority
groups;
``(2) increasing the number of health professionals
described in subparagraphs (A), (B), and (C) of subsection
(b)(1) from racial and ethnic minority groups and other
underserved populations;
``(3) increasing the number of such health professionals
working in health professional shortage areas designated under
section 332; and
``(4) increasing the number of such health professionals
working in areas with significant racial and ethnic disparities
in maternal health outcomes, to the extent such data are
available.
``(i) Definition.--In this section, the term `racial and ethnic
minority group' has the meaning given such term in section 1707(g)(1).
``(j) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $15,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 503. GRANTS TO GROW AND DIVERSIFY THE NURSING WORKFORCE IN
MATERNAL AND PERINATAL HEALTH.
Title VIII of the Public Health Service Act is amended by inserting
after section 811 of that Act (42 U.S.C. 296j) the following:
``SEC. 812. PERINATAL NURSING WORKFORCE GRANTS.
``(a) In General.--The Secretary shall award grants to schools of
nursing to grow and diversify the perinatal nursing workforce.
``(b) Use of Funds.--Recipients of grants under this section shall
use the grants to grow and diversify the perinatal nursing workforce by
providing scholarships to students seeking to become--
``(1) nurse practitioners whose education includes a focus
on maternal and perinatal health;
``(2) certified nurse-midwives; or
``(3) clinical nurse specialists whose education includes a
focus on maternal and perinatal health.
``(c) Prioritization.--In awarding grants under this section, the
Secretary shall give priority to any school of nursing that--
``(1) has developed a strategy to recruit and retain a
diverse pool of students seeking to enter careers focused on
maternal and perinatal health, particularly students from
racial and ethnic minority groups and other underserved
populations;
``(2) has developed a partnership with a practice setting
in a health professional shortage area designated under section
332 for the clinical placements of the school's students;
``(3) has developed a strategy to recruit and retain
students who plan to practice in an area with significant
racial and ethnic disparities in maternal health outcomes, to
the extent practicable; and
``(4) includes in the standard curriculum for all students
seeking to enter careers focused on maternal and perinatal
health a bias, racism, or discrimination training program that
includes education on implicit bias and racism.
``(d) Reporting.--As a condition on receipt of a grant under this
section, a school of nursing shall agree to submit to the Secretary an
annual report on the activities conducted through the grant, including,
to the extent practicable--
``(1) the number and demographics of students in the school
of nursing seeking to enter careers focused on maternal and
perinatal health;
``(2) the extent to which such students are preparing to
enter careers in--
``(A) health professional shortage areas designated
under section 332; and
``(B) areas with elevated rates of maternal
mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth
outcomes, to the extent such data are available; and
``(3) whether the standard curriculum for all students
seeking to enter careers focused on maternal and perinatal
health includes a bias, racism, or discrimination training
program that includes education on implicit bias and racism.
``(e) Period of Grants.--The period of a grant under this section
shall be up to 5 years.
``(f) Application.--To seek a grant under this section, an entity
shall submit to the Secretary an application, at such time, in such
manner, and containing such information as the Secretary may require,
including any information necessary for prioritization under subsection
(c).
``(g) Technical Assistance.--The Secretary shall provide, directly
or by contract, technical assistance to schools of nursing seeking or
receiving a grant under this section on the processes of awarding and
evaluating scholarships through the grant.
``(h) Report by the Secretary.--Not later than 4 years after the
date of enactment of this section, the Secretary shall prepare and
submit to the Congress, and post on the internet website of the
Department of Health and Human Services, a report on the effectiveness
of the grant program under this section at--
``(1) recruiting students from racial and ethnic minority
groups and other underserved populations;
``(2) increasing the number of advanced practice registered
nurses entering careers focused on maternal and perinatal
health from racial and ethnic minority groups and other
underserved populations;
``(3) increasing the number of advanced practice registered
nurses entering careers focused on maternal and perinatal
health working in health professional shortage areas designated
under section 332; and
``(4) increasing the number of advanced practice registered
nurses entering careers focused on maternal and perinatal
health working in areas with significant racial and ethnic
disparities in maternal health outcomes, to the extent such
data are available.
``(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $15,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 504. GAO REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act and every 5 years thereafter, the Comptroller General of
the United States shall submit to Congress a report on barriers to
maternal health education and access to care in the United States. Such
report shall include the information and recommendations described in
subsection (b).
(b) Content of Report.--The report under subsection (a) shall
include--
(1) an assessment of current barriers to entering and
successfully completing accredited midwifery education
programs, and recommendations for addressing such barriers,
particularly for low-income women and women from racial and
ethnic minority groups;
(2) an assessment of current barriers to entering and
successfully completing accredited education programs for other
health professional careers related to maternity care,
including maternity care providers, mental and behavioral
health care providers acting in accordance with State law, and
registered dietitians or nutrition professionals (as such term
is defined in section 1861(vv)(2) of the Social Security Act
(42 U.S.C. 1395x(vv)(2)), particularly for low-income women and
women from racial and ethnic minority groups;
(3) an assessment of current barriers that prevent midwives
from meeting the international definition of a midwife and
global standards for midwifery education as established by the
International Confederation of Midwives, and recommendations
for addressing such barriers, particularly for low-income women
and women from racial and ethnic minority groups;
(4) an assessment of disparities in access to maternity
care providers, mental or behavioral health care providers
acting in accordance with State law, and registered dietitians
or nutrition professionals (as such term is defined in section
1861(vv)(2) of the Social Security Act (42 U.S.C.
1395x(vv)(2))), and perinatal health workers, stratified by
race, ethnicity, gender identity, primary language, geographic
location, and insurance type and recommendations to promote
greater access equity; and
(5) recommendations to promote greater equity in
compensation for perinatal health workers under public and
private insurers, particularly for such individuals from
racially and ethnically diverse backgrounds.
SEC. 505. DEFINITIONS.
In this title:
(1) Culturally and linguistically congruent.--The term
``culturally and linguistically congruent'', with respect to
care or maternity care, means care that is in agreement with
the preferred cultural values, beliefs, worldview, language,
and practices of the health care consumer and other
stakeholders.
(2) Maternity care provider.--The term ``maternity care
provider'' means a health care provider who--
(A) is a physician, physician assistant, midwife
who meets at a minimum the international definition of
a midwife and global standards for midwifery education
as established by the International Confederation of
Midwives, advanced practice registered nurse, or a
lactation consultant certified by the International
Board of Lactation Consultant Examiners; and
(B) has a focus on maternal or perinatal health.
(3) Perinatal health worker.--The term ``perinatal health
worker'' means a nonclinical health worker focused on maternal
or perinatal health, such as a doula, community health worker,
peer supporter, lactation educator or counselor, nutritionist
or dietitian, childbirth educator, social worker, home visitor,
patient navigator or coordinator, or language interpreter.
(4) Postpartum.--The term ``postpartum'' refers to the 1-
year period beginning on the last day of the pregnancy of an
individual.
(5) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1)).
TITLE VI--DATA TO SAVE MOMS
SEC. 601. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE
REPRESENTATIVE COMMUNITY ENGAGEMENT.
(a) In General.--Section 317K(d) of the Public Health Service Act
(42 U.S.C. 247b-12(d)) is amended by adding at the end the following:
``(9) Grants to promote representative community engagement
in maternal mortality review committees.--
``(A) In general.--The Secretary may, using funds
made available pursuant to subparagraph (C), provide
assistance to an applicable maternal mortality review
committee of a State, Indian tribe, tribal
organization, or Urban Indian organization (as such
term is defined in section 4 of the Indian Health Care
Improvement Act)--
``(i) to select for inclusion in the
membership of such a committee community
members from the State, Indian tribe, tribal
organization, or Urban Indian organization by--
``(I) prioritizing community
members who can increase the diversity
of the committee's membership with
respect to race and ethnicity,
location, personal or family
experiences of maternal mortality or
severe maternal morbidity, and
professional background, including
members with nonclinical experiences;
and
``(II) to the extent applicable,
using funds reserved under subsection
(f), to address barriers to maternal
mortality review committee
participation for community members,
including required training,
transportation barriers, compensation,
and other supports as may be necessary;
``(ii) to establish initiatives to conduct
outreach and community engagement efforts
within communities throughout the State or
Indian tribe to seek input from community
members on the work of such maternal mortality
review committee, with a particular focus on
outreach to women from racial and ethnic
minority groups (as such term is defined in
section 1707(g)(1)); and
``(iii) to release public reports
assessing--
``(I) the pregnancy-related death
and pregnancy-associated death review
processes of the maternal mortality
review committee, with a particular
focus on the maternal mortality review
committee's sensitivity to the unique
circumstances of pregnant and
postpartum individuals from racial and
ethnic minority groups (as such term is
defined in section 1707(g)(1)) who have
suffered pregnancy-related deaths; and
``(II) the impact of the use of
funds made available pursuant to
subparagraph (C) on increasing the
diversity of the maternal mortality
review committee membership and
promoting community engagement efforts
throughout the State or Indian tribe.
``(B) Technical assistance.--The Secretary shall
provide (either directly through the Department of
Health and Human Services or by contract) technical
assistance to any maternal mortality review committee
receiving a grant under this paragraph on best
practices for increasing the diversity of the maternal
mortality review committee's membership and for
conducting effective community engagement throughout
the State or Indian tribe.
``(C) Authorization of appropriations.--In addition
to any funds made available under subsection (f), there
is authorized to be appropriated to carry out this
paragraph $10,000,000 for each of fiscal years 2024
through 2028.''.
(b) Reservation of Funds.--Section 317K(f) of the Public Health
Service Act (42 U.S.C. 247b-12(f)) is amended by adding at the end the
following: ``Of the amount made available under the preceding sentence
for a fiscal year, not less than $1,500,000 shall be reserved for
grants to Indian tribes, tribal organizations, or Urban Indian
organizations (as such term is defined in section 4 of the Indian
Health Care Improvement Act)''.
SEC. 602. DATA COLLECTION AND REVIEW.
Section 317K(d)(3)(A)(i) of the Public Health Service Act (42
U.S.C. 247b-12(d)(3)(A)(i)) is amended--
(1) by redesignating subclauses (II) and (III) as
subclauses (V) and (VI), respectively; and
(2) by inserting after subclause (I) the following:
``(II) to the extent practicable,
reviewing cases of severe maternal
morbidity, according to the most up-to-
date indicators;
``(III) to the extent practicable,
reviewing deaths during pregnancy or up
to 1 year after the end of a pregnancy
from suicide, overdose, or other death
from a mental health condition or
substance use disorder attributed to or
aggravated by pregnancy or childbirth
complications;
``(IV) to the extent practicable,
consulting with local community-based
organizations representing pregnant and
postpartum individuals from demographic
groups with elevated rates of maternal
mortality, severe maternal morbidity,
maternal health disparities, or other
adverse perinatal or childbirth
outcomes to ensure that, in addition to
clinical factors, nonclinical factors
that might have contributed to a
pregnancy-related death are
appropriately considered;''.
SEC. 603. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND
QUALITY MEASURES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Administrator of the Centers for Medicare & Medicaid
Services and the Director of the Agency for Healthcare Research and
Quality (referred to in this section as the ``Secretary''), shall
consult with relevant stakeholders--
(1) to review existing maternal health data collection
processes and quality measures; and
(2) to make recommendations to improve such processes and
measures, including topics described under subsection (c).
(b) Collaboration.--In carrying out this section, the Secretary
shall consult with a diverse group of maternal health stakeholders,
which may include--
(1) pregnant and postpartum individuals and their family
members, and nonprofit organizations representing such
individuals, with a particular focus on patients from racial
and ethnic minority groups;
(2) community-based organizations that provide support for
pregnant and postpartum individuals, with a particular focus on
patients from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
(3) membership organizations for maternity care providers;
(4) organizations representing perinatal health workers;
(5) organizations that focus on maternal mental or
behavioral health;
(6) organizations that focus on intimate partner violence;
(7) institutions of higher education, with a particular
focus on minority-serving institutions;
(8) licensed and accredited hospitals, birth centers,
midwifery practices, or other facilities that provide maternal
health care services;
(9) relevant State and local public agencies, including
State maternal mortality review committees; and
(10) the National Quality Forum, or such other standard-
setting organizations specified by the Secretary.
(c) Topics.--The review of maternal health data collection
processes and recommendations to improve such processes and measures
required under subsection (a) shall assess all available relevant
information, including information from State-level sources, and shall
consider at least the following:
(1) Current State and Tribal practices for maternal health,
maternal mortality, and severe maternal morbidity data
collection and dissemination, including consideration of--
(A) the timeliness of processes for amending a
death certificate when new information pertaining to
the death becomes available to reflect whether the
death was a pregnancy-related death;
(B) relevant data collected with electronic health
records, including data on race, ethnicity, primary
language, socioeconomic status, geography, insurance
type, and other relevant demographic information;
(C) maternal health data collected and publicly
reported by hospitals, health systems, midwifery
practices, and birth centers;
(D) the barriers preventing States from correlating
maternal outcome data with data on race, ethnicity, and
other demographic characteristics;
(E) processes for determining the cause of a
pregnancy-associated death in States that do not have a
maternal mortality review committee;
(F) whether maternal mortality review committees
include multidisciplinary and diverse membership (as
described in section 317K(d)(1)(A) of the Public Health
Service Act (42 U.S.C. 247b-12(d)(1)(A)));
(G) whether members of maternal mortality review
committees participate in trainings on bias, racism, or
discrimination, and the quality of such trainings;
(H) the extent to which States have implemented
systematic processes of listening to the stories of
pregnant and postpartum individuals and their family
members, with a particular focus on pregnant and
postpartum individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes, and their
family members, to fully understand the causes of, and
inform potential solutions to, the maternal mortality
and severe maternal morbidity crisis within their
respective States;
(I) the extent to which maternal mortality review
committees are considering social determinants of
maternal health when examining the causes of pregnancy-
associated and pregnancy-related deaths;
(J) the extent to which maternal mortality review
committees are making actionable recommendations based
on their reviews of adverse maternal health outcomes
and the extent to which such recommendations are being
implemented by appropriate stakeholders;
(K) the legal and administrative barriers
preventing the collection, collation, and dissemination
of State maternity care data;
(L) the effectiveness of data collection and
reporting processes in separating pregnancy-associated
deaths from pregnancy-related deaths; and
(M) the current Federal, State, local, and Tribal
funding support for the activities referred to in
subparagraphs (A) through (L).
(2) Whether the funding support referred to in paragraph
(1)(M) is adequate for States to carry out optimal data
collection and dissemination processes with respect to maternal
health, maternal mortality, and severe maternal morbidity.
(3) Current quality measures for maternity care, including
prenatal measures, labor and delivery measures, and postpartum
measures, including topics such as--
(A) effective quality measures for maternity care
used by hospitals, health systems, midwifery practices,
birth centers, health plans, and other relevant
entities;
(B) the sufficiency of current outcome measures
used to evaluate maternity care for driving improved
care, experiences, and outcomes in maternity care
payment and delivery system models;
(C) maternal health quality measures that other
countries effectively use;
(D) validated measures that have been used for
research purposes that could be tested, refined, and
submitted for national endorsement;
(E) barriers preventing maternity care providers
and insurers from implementing quality measures that
are aligned with best practices;
(F) the frequency with which maternity care quality
measures are reviewed and revised;
(G) the strengths and weaknesses of the Prenatal
and Postpartum Care measures of the Health Plan
Employer Data and Information Set measures established
by the National Committee for Quality Assurance;
(H) the strengths and weaknesses of maternity care
quality measures under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
and the Children's Health Insurance Program under title
XXI of such Act (42 U.S.C. 1397 et seq.), including the
extent to which States voluntarily report relevant
measures;
(I) the extent to which maternity care quality
measures are informed by patient experiences that
include measures of patient-reported experience of
care;
(J) the current processes for collecting and making
publicly available, to the extent practicable,
stratified data on race, ethnicity, and other
demographic characteristics of pregnant and postpartum
individuals in hospitals, health systems, midwifery
practices, and birth centers, and for incorporating
such demographically stratified data in maternity care
quality measures;
(K) the extent to which maternity care quality
measures account for the unique experiences of pregnant
and postpartum individuals from racial and ethnic
minority groups (as such term is defined in section
1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1))); and
(L) the extent to which hospitals, health systems,
midwifery practices, and birth centers are implementing
existing maternity care quality measures.
(4) Recommendations on authorizing additional funds and
providing additional technical assistance to improve maternal
mortality review committees and State and Tribal maternal
health data collection and reporting processes.
(5) Recommendations for new authorities that may be granted
to maternal mortality review committees to be able to--
(A) access records from other Federal and State
agencies and departments that may be necessary to
identify causes of pregnancy-associated and pregnancy-
related deaths that are unique to pregnant and
postpartum individuals from specific populations, such
as veterans and individuals who are incarcerated; and
(B) work with relevant experts who are not members
of the maternal mortality review committee to assist in
the review of pregnancy-associated deaths of pregnant
and postpartum individuals from specific populations,
such as veterans and individuals who are incarcerated.
(6) Recommendations to improve and standardize current
quality measures for maternity care, with a particular focus on
maternal health disparities.
(7) Recommendations to improve the coordination by the
Department of Health and Human Services of the efforts
undertaken by the agencies and organizations within the
Department related to maternal health data and quality
measures.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Congress and make publicly
available a report on the results of the review of maternal health data
collection processes and quality measures and recommendations to
improve such processes and measures required under subsection (a).
(e) Definition.--In this section, the term ``maternal mortality
review committee'' means a maternal mortality review committee duly
authorized by a State and receiving funding under section 317K(a)(2)(D)
of the Public Health Service Act (42 U.S.C. 247b-12(a)(2)(D)).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2024 through 2027.
SEC. 604. STUDY ON MATERNAL HEALTH AMONG AMERICAN INDIAN AND ALASKA
NATIVE INDIVIDUALS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, in
coordination with entities described in subsection (b)--
(1) not later than 90 days after the date of enactment of
this Act, enter into a contract with an independent research
organization or Tribal Epidemiology Center to conduct a
comprehensive study on maternal mortality, severe maternal
morbidity, and other adverse perinatal or childbirth outcomes
in the populations of American Indian and Alaska Native
individuals; and
(2) not later than 3 years after the date of enactment of
this Act, submit to Congress a report on such study that
contains recommendations for policies and practices that can be
adopted to improve maternal health outcomes for American Indian
and Alaska Native individuals.
(b) Participating Entities.--The entities described in this
subsection shall consist of 12 members, selected by the Secretary from
among individuals nominated by Indian Tribes and Tribal organizations
(as such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)), and Urban
Indian organizations (as such term is defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)). In selecting such
members, the Secretary shall ensure that each of the 12 service areas
of the Indian Health Service is represented.
(c) Contents of Study.--The study conducted pursuant to subsection
(a) shall--
(1) examine the causes of maternal mortality and severe
maternal morbidity that are unique to American Indian and
Alaska Native individuals;
(2) include a systematic process of listening to the
stories of American Indian and Alaska Native individuals to
fully understand the causes of, and inform potential solutions
to, the maternal health crisis within their respective
communities;
(3) distinguish between the causes of, landscape of
maternity care at, and recommendations to improve maternal
health outcomes within, the different settings in which
American Indian and Alaska Native individuals receive maternity
care, such as--
(A) facilities operated by the Indian Health
Service;
(B) an Indian health program operated by an Indian
Tribe or Tribal organization pursuant to a contract,
grant, cooperative agreement, or compact with the
Indian Health Service pursuant to the Indian Self-
Determination Act;
(C) an urban Indian health program operated by an
Urban Indian organization pursuant to a grant or
contract with the Indian Health Service pursuant to
title V of the Indian Health Care Improvement Act; and
(D) facilities outside of the Indian Health Service
in which American Indian and Alaska Native individuals
receive maternity care services;
(4) review processes for coordinating programs of the
Indian Health Service with social services provided through
other programs administered by the Secretary (other than the
Medicare Program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), the Medicaid Program under title XIX
of such Act (42 U.S.C. 1396 et seq.), and the Children's Health
Insurance Program under title XXI of such Act (42 U.S.C. 1397
et seq.);
(5) review current data collection and quality measurement
processes and practices;
(6) assess causes and frequency of maternal mental health
conditions and substance use disorders;
(7) consider social determinants of health, including
poverty, lack of health insurance, unemployment, sexual and
domestic violence, and environmental conditions in Tribal
areas;
(8) consider the role that historical mistreatment of
American Indian and Alaska Native women has played in causing
currently elevated rates of maternal mortality, severe maternal
morbidity, and other adverse perinatal or childbirth outcomes;
(9) consider how current funding of the Indian Health
Service affects the ability of the Service to deliver quality
maternity care;
(10) consider the extent to which the delivery of maternity
care services is culturally appropriate for American Indian and
Alaska Native individuals;
(11) make recommendations to reduce misclassification of
American Indian and Alaska Native individuals, including
consideration of best practices in training for maternal
mortality review committee members to be able to correctly
classify American Indian and Alaska Native individuals; and
(12) make recommendations informed by the stories shared by
American Indian and Alaska Native individuals referred to in
paragraph (2) to improve maternal health outcomes for such
individuals.
(d) Report.--The agreement entered into under subsection (a) with
an independent research organization or Tribal Epidemiology Center
shall require that the organization or Center transmit to Congress a
report on the results of the study conducted pursuant to that agreement
not later than 36 months after the date of enactment of this Act.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2024 through 2026.
SEC. 605. GRANTS TO MINORITY-SERVING INSTITUTIONS TO STUDY MATERNAL
MORTALITY, SEVERE MATERNAL MORBIDITY, AND OTHER ADVERSE
MATERNAL HEALTH OUTCOMES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
program under which the Secretary shall award grants to research
centers, health professions schools and programs, and other entities at
minority-serving institutions to study specific aspects of the maternal
health crisis among pregnant and postpartum individuals from racial and
ethnic minority groups. Such research may--
(1) include the development and implementation of
systematic processes of listening to the stories of pregnant
and postpartum individuals from racial and ethnic minority
groups, and perinatal health workers supporting such
individuals, to fully understand the causes of, and inform
potential solutions to, the maternal mortality and severe
maternal morbidity crisis within their respective communities;
(2) assess the potential causes of relatively low rates of
maternal mortality among Hispanic individuals, including
potential racial misclassification and other data collection
and reporting issues that might be misrepresenting maternal
mortality rates among Hispanic individuals in the United
States;
(3) assess differences in rates of adverse maternal health
outcomes among subgroups identifying as Hispanic, including
disparities in access to early prenatal care; and
(4) include lactation education to promote racial and
ethnic diversity within the workforce of health care
professionals with breastfeeding and lactation expertise.
(b) Application.--To be eligible to receive a grant under
subsection (a), an entity described in such subsection shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(c) Technical Assistance.--The Secretary may use not more than 10
percent of the funds made available under subsection (g)--
(1) to conduct outreach to minority-serving institutions to
raise awareness of the availability of grants under subsection
(a);
(2) to provide technical assistance in the application
process for such a grant; and
(3) to promote capacity building as needed to enable
entities described in such subsection to submit such an
application.
(d) Reporting Requirement.--Each entity awarded a grant under this
section shall periodically submit to the Secretary a report on the
status of activities conducted using the grant.
(e) Evaluation.--Beginning 1 year after the date on which the first
grant is awarded under this section, the Secretary shall submit to
Congress an annual report summarizing the findings of research
conducted using funds made available under this section.
(f) Minority-Serving Institutions Defined.--In this section, the
term ``minority-serving institution'' means an institution described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
TITLE VII--MOMS MATTER
SEC. 701. MATERNAL MENTAL HEALTH EQUITY GRANT PROGRAM.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use,
shall establish a program to award grants to eligible entities to
address maternal mental health conditions and substance use disorders,
with a focus on demographic groups with elevated rates of maternal
mortality, severe maternal morbidity, maternal health disparities, or
other adverse perinatal or childbirth outcomes.
(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to an eligible entity that--
(1) is, or will partner with, a community-based
organization to address maternal mental health conditions and
substance use disorders described in subsection (a);
(2) is operating in an area with elevated rates of maternal
mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
and
(3) is operating in a health professional shortage area
designated under section 332 of the Public Health Service Act
(42 U.S.C. 254e).
(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant for the following:
(1) Establishing or expanding maternity care programs to
improve the integration of maternal mental health and
behavioral health care services into primary care settings
where pregnant individuals regularly receive health care
services.
(2) Establishing or expanding group prenatal care programs
or postpartum care programs.
(3) Expanding existing programs that improve maternal
mental and behavioral health during the prenatal and postpartum
periods, with a focus on individuals from demographic groups
with elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes.
(4) Providing services and support for pregnant and
postpartum individuals with maternal mental health conditions
and substance use disorders, including referrals to addiction
treatment centers that offer evidence-based treatment options.
(5) Addressing stigma associated with maternal mental
health conditions and substance use disorders, with a focus on
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes.
(6) Raising awareness of warning signs of maternal mental
health conditions and substance use disorders, with a focus on
pregnant and postpartum individuals from demographic groups
with elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes.
(7) Establishing or expanding programs to prevent suicide
or self-harm among pregnant and postpartum individuals.
(8) Offering evidence-aligned programs at freestanding
birth centers that provide maternal mental and behavioral
health care education, treatments, and services, and other
services for individuals throughout the prenatal and postpartum
period.
(9) Establishing or expanding programs to provide education
and training to maternity care providers with respect to--
(A) identifying potential warning signs for
maternal mental health conditions or substance use
disorders in pregnant and postpartum individuals, with
a focus on individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes; and
(B) in the case where such providers identify such
warning signs, offering referrals to mental and
behavioral health care professionals.
(10) Developing a website, or other source, that includes
information on health care providers who treat maternal mental
health conditions and substance use disorders.
(11) Establishing or expanding programs in communities to
improve coordination between maternity care providers and
mental and behavioral health care providers who treat maternal
mental health conditions and substance use disorders, including
through the use of toll-free hotlines.
(12) Carrying out other programs aligned with evidence-
based practices for addressing maternal mental health
conditions and substance use disorders for pregnant and
postpartum individuals from demographic groups with elevated
rates of maternal mortality, severe maternal morbidity,
maternal health disparities, or other adverse perinatal or
childbirth outcomes.
(e) Reporting.--
(1) Eligible entities.--An eligible entity that receives a
grant under subsection (a) shall submit annually to the
Secretary, and make publicly available, a report on the
activities conducted using funds received through a grant under
this section. Such reports shall include quantitative and
qualitative evaluations of such activities, including the
experience of individuals who received health care through such
grant.
(2) Secretary.--Not later than the end of fiscal year 2027,
the Secretary shall submit to Congress a report that includes--
(A) a summary of the reports received under
paragraph (1);
(B) an evaluation of the effectiveness of grants
awarded under this section;
(C) recommendations with respect to expanding
coverage of evidence-based screenings and treatments
for maternal mental health conditions and substance use
disorders; and
(D) recommendations with respect to ensuring
activities described under subsection (d) continue
after the end of a grant period.
(f) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a community-based organization serving pregnant
and postpartum individuals, including such
organizations serving individuals from demographic
groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(B) a nonprofit or patient advocacy organization
with expertise in maternal mental and behavioral
health;
(C) a maternity care provider;
(D) a mental or behavioral health care provider who
treats maternal mental health conditions or substance
use disorders;
(E) a State or local governmental entity, including
a State or local public health department;
(F) an Indian Tribe or Tribal organization (as such
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)); and
(G) an Urban Indian organization (as such term is
defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603)).
(2) Freestanding birth center.--The term ``freestanding
birth center'' has the meaning given that term under section
1905(l) of the Social Security Act (42 U.S.C. 1396d(l)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $25,000,000 for each of fiscal
years 2024 through 2027.
SEC. 702. GRANTS TO GROW AND DIVERSIFY THE MATERNAL MENTAL AND
BEHAVIORAL HEALTH CARE WORKFORCE.
Title VII of the Public Health Service Act is amended by inserting
after section 758 of such Act, as added by section 502 of this Act, the
following new section:
``SEC. 758A. MATERNAL MENTAL AND BEHAVIORAL HEALTH CARE WORKFORCE
GRANTS.
``(a) In General.--The Secretary may award grants to entities to
establish or expand programs described in subsection (b) to grow and
diversify the maternal mental and behavioral health care workforce.
``(b) Use of Funds.--Recipients of grants under this section shall
use the grants to grow and diversify the maternal mental and behavioral
health care workforce by--
``(1) establishing schools or programs that provide
education and training to individuals seeking appropriate
licensing or certification as mental or behavioral health care
providers who will specialize in maternal mental health
conditions or substance use disorders; or
``(2) expanding the capacity of existing schools or
programs described in paragraph (1), for the purposes of
increasing the number of students enrolled in such schools or
programs, including by awarding scholarships for students.
``(c) Prioritization.--In awarding grants under this section, the
Secretary shall give priority to any entity that--
``(1) has demonstrated a commitment to recruiting and
retaining students and faculty from racial and ethnic minority
groups;
``(2) has developed a strategy to recruit and retain a
diverse pool of students into the maternal mental or behavioral
health care workforce program or school supported by funds
received through the grant, particularly from racial and ethnic
minority groups and other underserved populations;
``(3) has developed a strategy to recruit and retain
students who plan to practice in a health professional shortage
area designated under section 332;
``(4) has developed a strategy to recruit and retain
students who plan to practice in an area with significant
maternal health disparities, to the extent practicable; and
``(5) includes in the standard curriculum for all students
within the maternal mental or behavioral health care workforce
program or school a bias, racism, or discrimination training
program that includes training on implicit bias and racism.
``(d) Reporting.--As a condition on receipt of a grant under this
section for a maternal mental or behavioral health care workforce
program or school, an entity shall agree to submit to the Secretary an
annual report on the activities conducted through the grant,
including--
``(1) the number and demographics of students participating
in the program or school;
``(2) the extent to which students in the program or school
are entering careers in--
``(A) health professional shortage areas designated
under section 332; and
``(B) areas with significant maternal health
disparities, to the extent such data are available; and
``(3) whether the program or school has included in the
standard curriculum for all students a bias, racism, or
discrimination training program that includes training on
implicit bias and racism, and if so the effectiveness of such
training program.
``(e) Period of Grants.--The period of a grant under this section
shall be up to 5 years.
``(f) Application.--To seek a grant under this section, an entity
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require,
including any information necessary for prioritization under subsection
(c).
``(g) Technical Assistance.--The Secretary shall provide, directly
or by contract, technical assistance to entities seeking or receiving a
grant under this section on the development, use, evaluation, and
postgrant period sustainability of the maternal mental or behavioral
health care workforce programs or schools proposed to be, or being,
established or expanded through the grant.
``(h) Report by the Secretary.--Not later than 4 years after the
date of enactment of this section, the Secretary shall prepare and
submit to the Congress, and post on the internet website of the
Department of Health and Human Services, a report on the effectiveness
of the grant program under this section at--
``(1) recruiting students from racial and ethnic minority
groups and other underserved populations;
``(2) increasing the number of mental or behavioral health
care providers specializing in maternal mental health
conditions or substance use disorders from racial and ethnic
minority groups and other underserved populations;
``(3) increasing the number of mental or behavioral health
care providers specializing in maternal mental health
conditions or substance use disorders working in health
professional shortage areas designated under section 332; and
``(4) increasing the number of mental or behavioral health
care providers specializing in maternal mental health
conditions or substance use disorders working in areas with
significant maternal health disparities, to the extent such
data are available.
``(i) Definitions.--In this section:
``(1) Racial and ethnic minority group.--The term `racial
and ethnic minority group' has the meaning given such term in
section 1707(g)(1).
``(2) Mental or behavioral health care provider.--The term
`mental or behavioral health care provider' refers to a health
care provider in the field of mental and behavioral health,
including substance use disorders, acting in accordance with
State law.
``(j) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $15,000,000 for each of fiscal
years 2024 through 2028.''.
TITLE VIII--JUSTICE FOR INCARCERATED MOMS
SEC. 801. ENDING THE SHACKLING OF PREGNANT INDIVIDUALS.
(a) In General.--Beginning on the date that is 6 months after the
date of enactment of this Act, and annually thereafter, in each State
that receives a grant under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et
seq.) (commonly referred to as the ``Edward Byrne Memorial Justice
Assistance Grant Program'') and that does not have in effect throughout
the State for such fiscal year laws restricting the use of restraints
on pregnant individuals in prison that are substantially similar to the
rights, procedures, requirements, effects, and penalties set forth in
section 4322 of title 18, United States Code, the amount of such grant
that would otherwise be allocated to such State under such subpart for
the fiscal year shall be decreased by 25 percent.
(b) Reallocation.--Amounts not allocated to a State for failure to
comply with subsection (a) shall be reallocated in accordance with
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.) to States that have
complied with such subsection.
SEC. 802. CREATING MODEL PROGRAMS FOR THE CARE OF INCARCERATED
INDIVIDUALS IN THE PRENATAL AND POSTPARTUM PERIODS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General, acting through the Director of the
Bureau of Prisons, shall establish, in not fewer than 6 Bureau of
Prisons facilities, programs to optimize maternal health outcomes for
pregnant and postpartum individuals incarcerated in such facilities.
The Attorney General shall establish such programs in consultation with
stakeholders such as--
(1) relevant community-based organizations, particularly
organizations that represent incarcerated and formerly
incarcerated individuals and organizations that seek to improve
maternal health outcomes for pregnant and postpartum
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
(2) relevant organizations representing patients, with a
particular focus on patients from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes;
(3) organizations representing maternity care providers and
maternal health care education programs;
(4) perinatal health workers; and
(5) researchers and policy experts in fields related to
maternal health care for incarcerated individuals.
(b) Start Date.--Each selected facility shall begin facility
programs not later than 18 months after the date of enactment of this
Act.
(c) Facility Priority.--In carrying out subsection (a), the
Director shall give priority to a facility based on--
(1) the number of pregnant and postpartum individuals
incarcerated in such facility and, among such individuals, the
number of pregnant and postpartum individuals from demographic
groups with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes; and
(2) the extent to which the leaders of such facility have
demonstrated a commitment to developing exemplary programs for
pregnant and postpartum individuals incarcerated in such
facility.
(d) Program Duration.--The programs established under this section
shall be for a 5-year period.
(e) Programs.--Bureau of Prisons facilities selected by the
Director shall establish programs for pregnant and postpartum
incarcerated individuals, and such programs may--
(1) provide access to perinatal health workers from
pregnancy through the postpartum period;
(2) provide access to healthy foods and counseling on
nutrition, recommended activity levels, and safety measures
throughout pregnancy;
(3) train correctional officers to ensure that pregnant
incarcerated individuals receive safe and respectful treatment;
(4) train medical personnel to ensure that pregnant
incarcerated individuals receive trauma-informed, culturally
and linguistically congruent care that promotes the health and
safety of the pregnant individuals;
(5) provide counseling and treatment for individuals who
have suffered from--
(A) diagnosed mental or behavioral health
conditions, including trauma and substance use
disorders;
(B) trauma or violence, including domestic
violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions;
(6) provide evidence-based pregnancy and childbirth
education, parenting support, and other relevant forms of
health literacy;
(7) provide clinical education opportunities to maternity
care providers in training to expand pathways into maternal
health care careers serving incarcerated individuals;
(8) offer opportunities for postpartum individuals to
maintain contact with the individual's newborn child to promote
bonding, including enhanced visitation policies, access to
prison nursery programs, or breastfeeding support;
(9) provide reentry assistance, particularly to--
(A) ensure access to health insurance coverage and
transfer of health records to community providers if an
incarcerated individual exits the criminal justice
system during such individual's pregnancy or in the
postpartum period; and
(B) connect individuals exiting the criminal
justice system during pregnancy or in the postpartum
period to community-based resources, such as referrals
to health care providers, substance use disorder
treatments, and social services that address social
determinants maternal of health; or
(10) establish partnerships with local public entities,
private community entities, community-based organizations,
Indian Tribes and Tribal organizations (as such terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), and Urban Indian
organizations (as such term is defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)) to
establish or expand pretrial diversion programs as an
alternative to incarceration for pregnant and postpartum
individuals. Such programs may include--
(A) evidence-based childbirth education or
parenting classes;
(B) prenatal health coordination;
(C) family and individual counseling;
(D) evidence-based screenings, education, and, as
needed, treatment for mental and behavioral health
conditions, including drug and alcohol treatments;
(E) family case management services;
(F) domestic violence education and prevention;
(G) physical and sexual abuse counseling; and
(H) programs to address social determinants of
health such as employment, housing, education,
transportation, and nutrition.
(f) Implementation and Reporting.--A selected facility shall be
responsible for--
(1) implementing programs, which may include the programs
described in subsection (e); and
(2) not later than 3 years after the date of enactment of
this Act, and 6 years after the date of enactment of this Act,
reporting results of the programs to the Director, including
information describing--
(A) relevant quantitative indicators of success in
improving the standard of care and health outcomes for
pregnant and postpartum incarcerated individuals in the
facility, including data stratified by race, ethnicity,
sex, gender, primary language, age, geography,
disability status, the category of the criminal charge
against such individual, rates of pregnancy-related
deaths, pregnancy-associated deaths, cases of infant
mortality and morbidity, rates of preterm births and
low-birthweight births, cases of severe maternal
morbidity, cases of violence against pregnant or
postpartum individuals, diagnoses of maternal mental or
behavioral health conditions, and other such
information as appropriate;
(B) relevant qualitative and quantitative
evaluations from pregnant and postpartum incarcerated
individuals who participated in such programs,
including measures of patient-reported experience of
care; and
(C) strategies to sustain such programs after
fiscal year 2028 and expand such programs to other
facilities.
(g) Report.--Not later than 6 years after the date of enactment of
this Act, the Director shall submit to the Attorney General and to the
Congress a report describing the results of the programs funded under
this section.
(h) Oversight.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall award a contract to an
independent organization or independent organizations to conduct
oversight of the programs described in subsection (e).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
SEC. 803. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH OUTCOMES FOR
INDIVIDUALS IN STATE AND LOCAL PRISONS AND JAILS.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, acting through the
Director of the Bureau of Justice Assistance, shall award Justice for
Incarcerated Moms grants to States to establish or expand programs in
State and local prisons and jails for pregnant and postpartum
incarcerated individuals. The Attorney General shall award such grants
in consultation with stakeholders such as--
(1) relevant community-based organizations, particularly
organizations that represent incarcerated and formerly
incarcerated individuals and organizations that seek to improve
maternal health outcomes for pregnant and postpartum
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
(2) relevant organizations representing patients, with a
particular focus on patients from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes;
(3) organizations representing maternity care providers and
maternal health care education programs;
(4) perinatal health workers; and
(5) researchers and policy experts in fields related to
maternal health care for incarcerated individuals.
(b) Applications.--Each applicant for a grant under this section
shall submit to the Director of the Bureau of Justice Assistance an
application at such time, in such manner, and containing such
information as the Director may require.
(c) Use of Funds.--A State that is awarded a grant under this
section shall use such grant to establish or expand programs for
pregnant and postpartum incarcerated individuals, and such programs
may--
(1) provide access to perinatal health workers from
pregnancy through the postpartum period;
(2) provide access to healthy foods and counseling on
nutrition, recommended activity levels, and safety measures
throughout pregnancy;
(3) train correctional officers to ensure that pregnant
incarcerated individuals receive safe and respectful treatment;
(4) train medical personnel to ensure that pregnant
incarcerated individuals receive trauma-informed, culturally
and linguistically congruent care that promotes the health and
safety of the pregnant individuals;
(5) provide counseling and treatment for individuals who
have suffered from--
(A) diagnosed mental or behavioral health
conditions, including trauma and substance use
disorders;
(B) trauma or violence, including domestic
violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions;
(6) provide evidence-based pregnancy and childbirth
education, parenting support, and other relevant forms of
health literacy;
(7) provide clinical education opportunities to maternity
care providers in training to expand pathways into maternal
health care careers serving incarcerated individuals;
(8) offer opportunities for postpartum individuals to
maintain contact with the individual's newborn child to promote
bonding, including enhanced visitation policies, access to
prison nursery programs, or breastfeeding support;
(9) provide reentry assistance, particularly to--
(A) ensure access to health insurance coverage and
transfer of health records to community providers if an
incarcerated individual exits the criminal justice
system during such individual's pregnancy or in the
postpartum period; and
(B) connect individuals exiting the criminal
justice system during pregnancy or in the postpartum
period to community-based resources, such as referrals
to health care providers, substance use disorder
treatments, and social services that address social
determinants of maternal health; or
(10) establish partnerships with local public entities,
private community entities, community-based organizations,
Indian Tribes and Tribal organizations (as such terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), and Urban Indian
organizations (as such term is defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)) to
establish or expand pretrial diversion programs as an
alternative to incarceration for pregnant and postpartum
individuals. Such programs may include--
(A) evidence-based childbirth education or
parenting classes;
(B) prenatal health coordination;
(C) family and individual counseling;
(D) evidence-based screenings, education, and, as
needed, treatment for mental and behavioral health
conditions, including drug and alcohol treatments;
(E) family case management services;
(F) domestic violence education and prevention;
(G) physical and sexual abuse counseling; and
(H) programs to address social determinants of
health such as employment, housing, education,
transportation, and nutrition.
(d) Priority.--In awarding grants under this section, the Director
of the Bureau of Justice Assistance shall give priority to applicants
based on--
(1) the number of pregnant and postpartum individuals
incarcerated in the State and, among such individuals, the
number of pregnant and postpartum individuals from demographic
groups with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes; and
(2) the extent to which the State has demonstrated a
commitment to developing exemplary programs for pregnant and
postpartum individuals incarcerated in the prisons and jails in
the State.
(e) Grant Duration.--A grant awarded under this section shall be
for a 5-year period.
(f) Implementing and Reporting.--A State that receives a grant
under this section shall be responsible for--
(1) implementing the program funded by the grant; and
(2) not later than 3 years after the date of enactment of
this Act, and 6 years after the date of enactment of this Act,
reporting results of such program to the Attorney General,
including information describing--
(A) relevant quantitative indicators of the
program's success in improving the standard of care and
health outcomes for pregnant and postpartum
incarcerated individuals in the facility, including
data stratified by race, ethnicity, sex, gender,
primary language, age, geography, disability status,
category of the criminal charge against such
individual, incidence rates of pregnancy-related
deaths, pregnancy-associated deaths, cases of infant
mortality and morbidity, rates of preterm births and
low-birthweight births, cases of severe maternal
morbidity, cases of violence against pregnant or
postpartum individuals, diagnoses of maternal mental or
behavioral health conditions, and other such
information as appropriate;
(B) relevant qualitative and quantitative
evaluations from pregnant and postpartum incarcerated
individuals who participated in such programs,
including measures of patient-reported experience of
care; and
(C) strategies to sustain such programs beyond the
duration of the grant and expand such programs to other
facilities.
(g) Report.--Not later than 6 years after the date of enactment of
this Act, the Attorney General shall submit to the Congress a report
describing the results of such grant programs.
(h) Oversight.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall award a contract to an
independent organization or independent organizations to conduct
oversight of the programs described in subsection (c).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
SEC. 804. GAO REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on adverse maternal and infant health outcomes
among incarcerated individuals and infants born to such individuals,
with a particular focus on racial and ethnic disparities in maternal
and infant health outcomes for incarcerated individuals.
(b) Contents of Report.--The report described in this section shall
include--
(1) to the extent practicable--
(A) the number of pregnant individuals who are
incarcerated in Bureau of Prisons facilities;
(B) the number of incarcerated individuals,
including those incarcerated in Federal, State, and
local correctional facilities, who have experienced a
pregnancy-related death, pregnancy-associated death, or
the death of an infant in the most recent 10 years of
available data;
(C) the number of cases of severe maternal
morbidity among incarcerated individuals, including
those incarcerated in Federal, State, and local
detention facilities, in the most recent 10 years of
available data;
(D) the number of preterm and low-birthweight
births of infants born to incarcerated individuals,
including those incarcerated in Federal, State, and
local correctional facilities, in the most recent 10
years of available data; and
(E) statistics on the racial and ethnic disparities
in maternal and infant health outcomes and severe
maternal morbidity rates among incarcerated
individuals, including those incarcerated in Federal,
State, and local detention facilities;
(2) in the case that the Comptroller General of the United
States is unable determine the information required in
subparagraphs (A) through (C) of paragraph (1), an assessment
of the barriers to determining such information and
recommendations for improvements in tracking maternal health
outcomes among incarcerated individuals, including those
incarcerated in Federal, State, and local detention facilities;
(3) the implications of pregnant and postpartum
incarcerated individuals being ineligible for medical
assistance under a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) including information
about--
(A) the effects of such ineligibility on maternal
health outcomes for pregnant and postpartum
incarcerated individuals, with emphasis given to such
effects for pregnant and postpartum individuals from
racial and ethnic minority groups; and
(B) potential implications on maternal health
outcomes resulting from temporarily suspending, rather
than permanently terminating, such eligibility when a
pregnant or postpartum individual is incarcerated;
(4) the extent to which Federal, State, and local
correctional facilities are holding pregnant and postpartum
individuals who test positive for illicit drug use in detention
with special conditions, such as additional bond requirements,
due to the individual's drug use, and the effect of such
detention policies on maternal and infant health outcomes;
(5) causes of adverse maternal health outcomes that are
unique to incarcerated individuals, including those
incarcerated in Federal, State, and local detention facilities;
(6) causes of adverse maternal health outcomes and severe
maternal morbidity that are unique to incarcerated individuals
from racial and ethnic minority groups;
(7) recommendations to reduce maternal mortality and severe
maternal morbidity among incarcerated individuals and to
address racial and ethnic disparities in maternal health
outcomes for incarcerated individuals in Bureau of Prisons
facilities and State and local prisons and jails; and
(8) such other information as may be appropriate to reduce
the occurrence of adverse maternal health outcomes among
incarcerated individuals and to address racial and ethnic
disparities in maternal health outcomes for such individuals.
TITLE IX--TECH TO SAVE MOMS
SEC. 901. INTEGRATED TELEHEALTH MODELS IN MATERNITY CARE SERVICES.
(a) In General.--Section 1115A(b)(2)(B) of the Social Security Act
(42 U.S.C. 1315a(b)(2)(B)) is amended by adding at the end the
following:
``(xxviii) Focusing on title XIX, providing
for the adoption of and use of telehealth tools
that allow for screening, monitoring, and
management of common health complications with
respect to an individual receiving medical
assistance during such individual's pregnancy
and for not more than a 1-year period beginning
on the last day of the pregnancy.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of the enactment of this Act.
SEC. 902. GRANTS TO EXPAND THE USE OF TECHNOLOGY-ENABLED COLLABORATIVE
LEARNING AND CAPACITY MODELS FOR PREGNANT AND POSTPARTUM
INDIVIDUALS.
Title III of the Public Health Service Act is amended by inserting
after section 330P (42 U.S.C. 254c-22) the following:
``SEC. 330Q. EXPANDING CAPACITY FOR MATERNAL HEALTH OUTCOMES.
``(a) Establishment.--Beginning not later than 1 year after the
date of enactment of this Act, the Secretary shall award grants to
eligible entities to evaluate, develop, and expand the use of
technology-enabled collaborative learning and capacity building models
and improve maternal health outcomes--
``(1) in health professional shortage areas;
``(2) in areas with high rates of maternal mortality and
severe maternal morbidity;
``(3) in rural and underserved areas;
``(4) in areas with significant maternal health
disparities; and
``(5) for medically underserved populations and American
Indians and Alaska Natives, including Indian Tribes, Tribal
organizations, and Urban Indian organizations.
``(b) Use of Funds.--
``(1) Required uses.--Recipients of grants under this
section shall use the grants to--
``(A) train maternal health care providers,
students, and other similar professionals through
models that include--
``(i) methods to increase safety and health
care quality;
``(ii) implicit bias, racism, and
discrimination;
``(iii) best practices in screening for
and, as needed, evaluating and treating
maternal mental health conditions and substance
use disorders;
``(iv) training on best practices in
maternity care for pregnant and postpartum
individuals during public health emergencies;
``(v) methods to screen for social
determinants of maternal health risks in the
prenatal and postpartum; and
``(vi) the use of remote patient monitoring
tools for pregnancy-related complications
described in section 1115A(b)(2)(B)(xxviii) of
the Social Security Act;
``(B) evaluate and collect information on the
effect of such models on--
``(i) access to and quality of care;
``(ii) outcomes with respect to the health
of an individual; and
``(iii) the experience of individuals who
receive pregnancy-related health care;
``(C) develop qualitative and quantitative measures
to identify best practices for the expansion and use of
such models;
``(D) study the effect of such models on patient
outcomes and maternity care providers; and
``(E) conduct any other activity determined by the
Secretary.
``(2) Permissible uses.--Recipients of grants under this
section may use grants to support--
``(A) the use and expansion of technology-enabled
collaborative learning and capacity building models,
including hardware and software that--
``(i) enables distance learning and
technical support; and
``(ii) supports the secure exchange of
electronic health information; and
``(B) maternity care providers, students, and other
similar professionals in the provision of maternity
care through such models.
``(c) Application.--
``(1) In general.--An eligible entity seeking a grant under
subsection (a) shall submit to the Secretary an application, at
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Assurance.--An application under paragraph (1) shall
include an assurance that such entity shall collect information
on and assess the effect of the use of technology-enabled
collaborative learning and capacity building models, including
with respect to--
``(A) maternal health outcomes;
``(B) access to maternal health care services;
``(C) quality of maternal health care; and
``(D) retention of maternity care providers serving
areas and populations described in subsection (a).
``(d) Limitations.--
``(1) Number.--The Secretary may not award more than 1
grant under this section.
``(2) Duration.--A grant awarded under this section shall
be for a 5-year period.
``(e) Access to Broadband.--In administering grants under this
section, the Secretary may coordinate with other agencies to ensure
that funding opportunities are available to support access to reliable,
high-speed internet for grantees.
``(f) Technical Assistance.--The Secretary shall provide (either
directly or by contract) technical assistance to eligible entities,
including recipients of grants under subsection (a), on the
development, use, and sustainability of technology-enabled
collaborative learning and capacity building models to expand access to
maternal health care services provided by such entities, including--
``(1) in health professional shortage areas;
``(2) in areas with high rates of maternal mortality and
severe maternal morbidity or significant maternal health
disparities;
``(3) in rural and underserved areas; and
``(4) for medically underserved populations or American
Indians and Alaska Natives.
``(g) Research and Evaluation.--The Secretary, in consultation with
experts, shall develop a strategic plan to research and evaluate the
evidence for technology-enabled collaborative learning and capacity
building models.
``(h) Reporting.--
``(1) Eligible entities.--An eligible entity that receives
a grant under subsection (a) shall submit to the Secretary a
report, at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Secretary.--Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to the
Congress, and make available on the website of the Department
of Health and Human Services, a report that includes--
``(A) a description of grants awarded under
subsection (a) and the purpose and amounts of such
grants;
``(B) a summary of--
``(i) the evaluations conducted under
subsection (b)(1)(B);
``(ii) any technical assistance provided
under subsection (f); and
``(iii) the activities conducted under
subsection (a); and
``(C) a description of any significant findings
with respect to--
``(i) patient outcomes; and
``(ii) best practices for expanding, using,
or evaluating technology-enabled collaborative
learning and capacity building models.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $6,000,000 for each of fiscal
years 2024 through 2028.
``(j) Definitions.--In this section:
``(1) Eligible entity.--
``(A) In general.--The term `eligible entity' means
an entity that provides, or supports the provision of,
maternal health care services or other evidence-based
services for pregnant and postpartum individuals--
``(i) in health professional shortage
areas;
``(ii) in rural or underserved areas;
``(iii) in areas with high rates of adverse
maternal health outcomes or significant racial
and ethnic disparities in maternal health
outcomes; and
``(iv) who are--
``(I) members of medically
underserved populations; or
``(II) American Indians and Alaska
Natives, including Indian Tribes,
Tribal organizations, and Urban Indian
organizations.
``(B) Inclusions.--An eligible entity may include
entities that lead, or are capable of leading a
technology-enabled collaborative learning and capacity
building model.
``(2) Health professional shortage area.--The term `health
professional shortage area' means a health professional
shortage area designated under section 332.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act.
``(4) Maternal mortality.--The term `maternal mortality'
means a death occurring during or within 1-year period after
pregnancy caused by pregnancy-related or childbirth
complications, including a suicide, overdose, or other death
resulting from a mental health or substance use disorder
attributed to or aggravated by pregnancy or childbirth
complications.
``(5) Medically underserved population.--The term
`medically underserved population' has the meaning given such
term in section 330(b)(3).
``(6) Postpartum.--The term `postpartum' means the 1-year
period beginning on the last date of an individual's pregnancy.
``(7) Severe maternal morbidity.--The term `severe maternal
morbidity' means a health condition, including a mental health
or substance use disorder, attributed to or aggravated by
pregnancy or childbirth that results in significant short-term
or long-term consequences to the health of the individual who
was pregnant.
``(8) Technology-enabled collaborative learning and
capacity building model.--The term `technology-enabled
collaborative learning and capacity building model' means a
distance health education model that connects health care
professionals, and other specialists, through simultaneous
interactive video conferencing for the purpose of facilitating
case-based learning, disseminating best practices, and
evaluating outcomes in the context of maternal health care.
``(9) Tribal organization.--The term `Tribal organization'
has the meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act.
``(10) Urban indian organization.--The term `Urban Indian
organization' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act.''.
SEC. 903. GRANTS TO PROMOTE EQUITY IN MATERNAL HEALTH OUTCOMES THROUGH
DIGITAL TOOLS.
(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act, the Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall make grants to
eligible entities to reduce maternal health disparities by increasing
access to digital tools related to maternal health care, including
provider-facing technologies, such as early warning systems and
clinical decision support mechanisms.
(b) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Prioritization.--In awarding grants under this section, the
Secretary shall prioritize an eligible entity--
(1) in an area with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities, or
other adverse perinatal or childbirth outcomes;
(2) in a health professional shortage area designated under
section 332 of the Public Health Service Act (42 U.S.C. 254e)
or a rural or underserved area; and
(3) that promotes technology that addresses maternal health
disparities.
(d) Limitations.--
(1) Number.--The Secretary may award not more than 1 grant
under this section.
(2) Duration.--A grant awarded under this section shall be
for a 5-year period.
(e) Technical Assistance.--The Secretary shall provide technical
assistance to an eligible entity on the development, use, evaluation,
and postgrant sustainability of digital tools for purposes of promoting
equity in maternal health outcomes.
(f) Reporting.--
(1) Eligible entities.--An eligible entity that receives a
grant under subsection (a) shall submit to the Secretary a
report, at such time, in such manner, and containing such
information as the Secretary may require.
(2) Secretary.--Not later than 4 years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report that includes--
(A) an evaluation on the effectiveness of grants
awarded under this section to improve maternal health
outcomes, particularly for pregnant and postpartum
individuals from racial and ethnic minority groups;
(B) recommendations on new grant programs that
promote the use of technology to improve such maternal
health outcomes; and
(C) recommendations with respect to--
(i) technology-based privacy and security
safeguards in maternal health care;
(ii) reimbursement rates for maternal
telehealth services;
(iii) the use of digital tools to analyze
large data sets to identify potential
pregnancy-related complications;
(iv) barriers that prevent maternity care
providers from providing telehealth services
across States;
(v) the use of consumer digital tools such
as mobile phone applications, patient portals,
and wearable technologies to improve maternal
health outcomes;
(vi) barriers that prevent access to
telehealth services, including a lack of access
to reliable, high-speed internet or electronic
devices;
(vii) barriers to data sharing between the
Special Supplemental Nutrition Program for
Women, Infants, and Children program and
maternity care providers, and recommendations
for addressing such barriers; and
(viii) lessons learned from expanded access
to telehealth related to maternity care during
the COVID-19 public health emergency.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for each of fiscal
years 2024 through 2028.
SEC. 904. REPORT ON THE USE OF TECHNOLOGY IN MATERNITY CARE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this Act as the ``National
Academies'') under which the National Academies shall conduct a study
on the use of technology and patient monitoring devices in maternity
care.
(b) Content.--The agreement entered into pursuant to subsection (a)
shall provide for the study of the following:
(1) The use of innovative technology (including artificial
intelligence) in maternal health care, including the extent to
which such technology has affected racial or ethnic biases in
maternal health care.
(2) The use of patient monitoring devices (including pulse
oximeter devices) in maternal health care, including the extent
to which such devices have affected racial or ethnic biases in
maternal health care.
(3) Best practices for reducing and preventing racial or
ethnic biases in the use of innovative technology and patient
monitoring devices in maternity care.
(4) Best practices in the use of innovative technology and
patient monitoring devices for pregnant and postpartum
individuals from racial and ethnic minority groups.
(5) Best practices with respect to privacy and security
safeguards in such use.
(c) Report.--The agreement under subsection (a) shall direct the
National Academies to complete the study under this section, and
transmit to Congress a report on the results of the study, not later
than 24 months after the date of enactment of this Act.
TITLE X--IMPACT TO SAVE MOMS
SEC. 1001. PERINATAL CARE ALTERNATIVE PAYMENT MODEL DEMONSTRATION
PROJECT.
(a) In General.--For the period of fiscal years 2024 through 2028,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary''), acting through the Administrator of the Centers
for Medicare & Medicaid Services, shall establish and implement, in
accordance with the requirements of this section, a demonstration
project, to be known as the Perinatal Care Alternative Payment Model
Demonstration Project (referred to in this section as the
``Demonstration Project''), for purposes of allowing States to test
payment models under their State plans under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) and State child health plans
under title XXI of such Act (42 U.S.C. 1397aa et seq.) with respect to
maternity care provided to pregnant and postpartum individuals enrolled
in such State plans and State child health plans.
(b) Coordination.--In establishing the Demonstration Project, the
Secretary shall coordinate with stakeholders such as--
(1) State Medicaid programs;
(2) maternity care providers and organizations representing
maternity care providers;
(3) relevant organizations representing patients, with a
particular focus on patients from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes;
(4) relevant community-based organizations, particularly
organizations that seek to improve maternal health outcomes for
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
(5) perinatal health workers;
(6) relevant health insurance issuers;
(7) hospitals, health systems, midwifery practices,
freestanding birth centers (as such term is defined in
paragraph (3)(B) of section 1905(l) of the Social Security Act
(42 U.S.C. 1396d(l))), Federally-qualified health centers (as
such term is defined in paragraph (2)(B) of such section), and
rural health clinics (as such term is defined in section
1861(aa) of such Act (42 U.S.C. 1395x(aa)));
(8) researchers and policy experts in fields related to
maternity care payment models; and
(9) any other stakeholders as the Secretary determines
appropriate, with a particular focus on stakeholders from
demographic groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities, or
other adverse perinatal or childbirth outcomes.
(c) Considerations.--In establishing the Demonstration Project, the
Secretary shall consider any alternative payment model that--
(1) is designed to improve maternal health outcomes for
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes;
(2) includes methods for stratifying patients by pregnancy
risk level and, as appropriate, adjusting payments under such
model to take into account pregnancy risk level, including
consideration of the appropriate transfer of patients by
pregnancy risk level;
(3) establishes evidence-based quality metrics for such
payments;
(4) includes consideration of nonhospital birth settings
such as freestanding birth centers (as so defined);
(5) includes consideration of social determinants of
maternal health;
(6) includes diverse maternity care teams that include--
(A) maternity care providers, mental and behavioral
health care providers acting in accordance with State
law, and registered dietitians or nutrition
professionals (as such term is defined in section
1861(vv)(2) of the Social Security Act (42 U.S.C.
1395x(vv)(2)))--
(i) from racially, ethnically, and
professionally diverse backgrounds;
(ii) with experience practicing in racially
and ethnically diverse communities; or
(iii) who have undergone training on
implicit bias and racism; and
(B) perinatal health workers; or
(7) includes consideration of maternal mental health
conditions and substance use disorders.
(d) Eligibility.--To be eligible to participate in the
Demonstration Project, a State shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
(e) Evaluation.--The Secretary shall conduct an evaluation of the
Demonstration Project to determine the impact of the Demonstration
Project on--
(1) maternal health outcomes, with data stratified by race,
ethnicity, primary language, socioeconomic status, geography,
insurance type, and other factors as the Secretary determines
appropriate;
(2) spending on maternity care by States participating in
the Demonstration Project;
(3) to the extent practicable, qualitative and quantitative
measures of patient experience; and
(4) any other areas of assessment that the Secretary
determines relevant.
(f) Report.--Not later than one year after the completion or
termination date of the Demonstration Project, the Secretary shall
submit to the Congress, and make publicly available, a report
containing--
(1) the results of any evaluation conducted under
subsection (e); and
(2) a recommendation regarding whether the Demonstration
Project should be continued after fiscal year 2028 and expanded
on a national basis.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
(h) Definitions.--In this section:
(1) Alternative payment model.--The term ``alternative
payment model'' has the meaning given such term in section
1833(z)(3)(C) of the Social Security Act (42 U.S.C.
1395l(z)(3)(C)).
(2) Perinatal.--The term ``perinatal'' means the period
beginning on the day an individual becomes pregnant and ending
on the last day of the 1-year period beginning on the last day
of such individual's pregnancy.
TITLE XI--MATERNAL HEALTH PANDEMIC RESPONSE
SEC. 1101. DEFINITIONS.
In this title:
(1) Respectful maternity care.--The term ``respectful
maternity care'' refers to care organized for, and provided to,
pregnant and postpartum individuals in a manner that--
(A) is culturally and linguistically congruent;
(B) maintains their dignity, privacy, and
confidentiality;
(C) ensures freedom from harm and mistreatment; and
(D) enables informed choice and continuous support.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 1102. FUNDING FOR DATA COLLECTION, SURVEILLANCE, AND RESEARCH ON
MATERNAL HEALTH OUTCOMES DURING PUBLIC HEALTH
EMERGENCIES.
To conduct or support data collection, surveillance, and research
on maternal health as a result of public health emergencies and
infectious diseases that pose a risk to maternal and infant health,
including support to assist in the capacity building for State, Tribal,
territorial, and local public health departments to collect and
transmit racial, ethnic, and other demographic data related to maternal
health, there are authorized to be appropriated--
(1) $100,000,000 for the Surveillance for Emerging Threats
to Mothers and Babies program of the Centers for Disease
Control and Prevention, to support the Centers for Disease
Control and Prevention in its efforts to--
(A) work with public health, clinical, and
community-based organizations to provide timely,
continually updated guidance to families and health
care providers on ways to reduce risk to pregnant and
postpartum individuals and their newborns and tailor
interventions to improve their long-term health;
(B) partner with more State, Tribal, territorial,
and local public health programs in the collection and
analysis of clinical data on the impact of public
health emergencies and infectious diseases that pose a
risk to maternal and infant health on pregnant and
postpartum patients and their newborns, particularly
among patients from racial and ethnic minority groups;
and
(C) establish regionally based centers of
excellence to offer medical, public health, and other
knowledge to ensure communities can help pregnant and
postpartum individuals and newborns get the care and
support they need, particularly in areas with large
populations of individuals from demographic groups with
elevated rates of maternal mortality, severe maternal
morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes;
(2) $30,000,000 for the Enhancing Reviews and Surveillance
to Eliminate Maternal Mortality program (commonly known as the
``ERASE MM program'') of the Centers for Disease Control and
Prevention, to support the Centers for Disease Control and
Prevention in expanding its partnerships with States and Indian
Tribes and provide technical assistance to existing Maternal
Mortality Review Committees;
(3) $45,000,000 for the Pregnancy Risk Assessment
Monitoring System (commonly known as the ``PRAMS'') of the
Centers for Disease Control and Prevention, to support the
Centers for Disease Control and Prevention in its efforts to--
(A) create a supplement to its PRAMS survey related
to public health emergencies and infectious diseases
that pose a risk to maternal and infant health;
(B) add questions around experiences of respectful
maternity care in prenatal, intrapartum, and postpartum
care; and
(C) work to transition such PRAMS survey to an
electronic platform and expand such PRAMS survey to a
larger population, with a special focus on reaching
underrepresented communities, and other program
improvements; and
(4) $15,000,000 for the National Institute of Child Health
and Human Development, to conduct or support research for
interventions to mitigate the effects of public health
emergencies and infectious diseases that pose a risk to
maternal and infant health, with a particular focus on
individuals from demographic groups with elevated rates of
maternal mortality, severe maternal morbidity, maternal health
disparities, or other adverse perinatal or childbirth outcomes.
SEC. 1103. PUBLIC HEALTH EMERGENCY MATERNAL HEALTH DATA COLLECTION AND
DISCLOSURE.
(a) Availability of Collected Data.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention and the
Administrator of the Centers for Medicare & Medicaid Services, shall
make publicly available on the website of the Centers for Disease
Control and Prevention data described in subsection (b).
(b) Data Described.--The data described in this subsection are data
collected through Federal surveillance systems under the Centers for
Disease Control and Prevention with respect to public health
emergencies and individuals who are pregnant or in a postpartum period.
Such data shall include the following:
(1) Diagnostic testing, confirmed cases, hospitalizations,
deaths, and other health outcomes related to an infectious
disease outbreak among pregnant and postpartum individuals.
(2) Maternal and infant health outcomes among individuals
who test positive for an infectious disease during or after
pregnancy.
(c) American Indian and Alaska Native Health Outcomes.--In carrying
out subsection (a), the Secretary shall consult with Indian Tribes and
confer with Urban Indian organizations.
(d) Disaggregated Information.--In carrying out subsection (a), the
Secretary shall disaggregate data by race, ethnicity, gender, primary
language, geography, socioeconomic status, and other relevant factors.
(e) Update.--During public health emergencies, the Secretary shall
update the data made available under this section--
(1) at least on a monthly basis; and
(2) not less than one month after the end of such public
health emergency.
(f) Privacy.--In carrying out subsection (a), the Secretary shall
take steps to protect the privacy of individuals pursuant to
regulations promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
(g) Guidance.--
(1) In general.--Not later than 30 days after the
declaration of a public health emergency under section 319 of
the Public Health Service Act (42 U.S.C. 247d), the Secretary
shall issue guidance to States and local public health
departments to ensure that--
(A) laboratories that test specimens for an
infectious disease receive all relevant demographic
data on race, ethnicity, pregnancy status, and other
demographic data as determined by the Secretary; and
(B) data described in subsection (b) are
disaggregated by race, ethnicity, gender, primary
language, geography, socioeconomic status, and other
relevant factors.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with Indian Tribes--
(A) to ensure that such guidance includes tribally
developed best practices; and
(B) to reduce misclassification of American Indians
and Alaska Natives.
SEC. 1104. PUBLIC HEALTH COMMUNICATION REGARDING MATERNAL CARE DURING
PUBLIC HEALTH EMERGENCIES.
The Director of the Centers for Disease Control and Prevention
shall conduct public health education campaigns during public health
emergencies to ensure that pregnant and postpartum individuals, their
employers, and their health care providers have accurate, evidence-
based information on maternal and infant health risks during the public
health emergency, with a particular focus on reaching pregnant and
postpartum individuals in underserved communities.
SEC. 1105. TASK FORCE ON BIRTHING EXPERIENCE AND SAFE, RESPECTFUL,
RESPONSIVE, AND EMPOWERING MATERNITY CARE DURING PUBLIC
HEALTH EMERGENCIES.
(a) Establishment.--The Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention and the
Administrator of the Health Resources and Services Administration,
shall convene a task force (in this subsection referred to as the
``Task Force'') to develop Federal recommendations regarding
respectful, responsive, and empowering maternity care, including safe
birth care and postpartum care, during public health emergencies.
(b) Duties.--The Task Force shall develop, publicly post, and
update Federal recommendations in multiple languages to ensure high-
quality, nondiscriminatory maternity care, promote positive birthing
experiences, and improve maternal health outcomes during public health
emergencies, with a particular focus on outcomes for individuals from
demographic groups with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or other adverse
perinatal or childbirth outcomes. Such recommendations shall--
(1) address, with particular attention to ensuring
equitable treatment on the basis of race and ethnicity--
(A) measures to facilitate respectful, responsive,
and empowering maternity care;
(B) measures to facilitate telehealth maternity
care for pregnant people who cannot regularly access
in-person care;
(C) strategies to increase access to specialized
care for those with high-risk pregnancies or pregnant
individuals with elevated risk factors;
(D) diagnostic testing for pregnant and laboring
patients;
(E) birthing without one's chosen companions, with
one's chosen companions, and with smartphone or other
telehealth connection to one's chosen companions;
(F) newborn separation after birth in relation to
maternal infection status;
(G) breast milk feeding in relation to maternal
infection status;
(H) licensure, training, scope of practice, and
Medicaid and other insurance reimbursement for
certified midwives, certified nurse-midwives, and
certified professional midwives, in a manner that
facilitates inclusion of midwives of color and midwives
from underserved communities;
(I) financial support and training for perinatal
health workers who provide nonclinical support to
people from pregnancy through the postpartum period in
a manner that facilitates inclusion from underserved
communities;
(J) strategies to ensure and expand doula coverage
under State Medicaid programs;
(K) how to identify, address, and treat prenatal
and postpartum mental and behavioral health conditions,
such as anxiety, substance use disorder, and
depression, during public health emergencies;
(L) how to identify and address instances of
intimate partner violence during pregnancy which may
arise or intensify during public health emergencies;
(M) strategies to address hospital capacity
concerns in communities with a surge in infectious
disease cases and to provide childbearing people with
options that reduce the potential for cross-
contamination and increase the ability to implement
their care preferences while maintaining safety and
quality, such as the use of auxiliary maternity units
and freestanding birth centers;
(N) provision of child care services during
prenatal and postpartum appointments for mothers whose
children are unable to attend as a result of
restrictions relating to the public health emergencies;
(O) how to identify and address racism, bias, and
discrimination in the delivery of maternity care
services to pregnant and postpartum people, including
evaluating the value of training for hospital staff on
implicit bias and racism, respectful, responsive, and
empowering maternity care, and demographic data
collection;
(P) how to address the needs of undocumented
pregnant individuals and new mothers who may be afraid
or unable to seek needed care during the COVID-19
public health emergency;
(Q) how to address the needs of uninsured pregnant
individuals who have historically relied on emergency
departments for care;
(R) how to identify pregnant and postpartum
individuals at risk for depression, anxiety disorder,
psychosis, obsessive-compulsive disorder, and other
maternal mood disorders before, during, and after
pregnancy, and how to treat those diagnosed with a
postpartum mood disorder;
(S) how to effectively and compassionately screen
for substance use disorder during pregnancy and
postpartum and help pregnant and postpartum individuals
find support and effective treatment;
(T) how to ensure access to infant nutrition during
public health emergencies; and
(U) such other matters as the Task Force determines
appropriate;
(2) identify barriers to the implementation of the
recommendations;
(3) take into consideration existing State and other
programs that have demonstrated effectiveness in addressing
pregnancy, birth, and postpartum care during public health
emergencies; and
(4) identify policies specific to COVID-19 that should be
discontinued when safely possible and those that should be
continued as the public health emergency abates.
(c) Membership.--The Secretary shall appoint the members of the
Task Force. Such members shall be comprised of--
(1) representatives of the Department of Health and Human
Services, including representatives of--
(A) the Secretary;
(B) the Director of the Centers for Disease Control
and Prevention;
(C) the Administrator of the Health Resources and
Services Administration;
(D) the Administrator of the Centers for Medicare &
Medicaid Services;
(E) the Director of the Agency for Healthcare
Research and Quality;
(F) the Commissioner of Food and Drugs;
(G) the Assistant Secretary for Mental Health and
Substance Use; and
(H) the Director of the Indian Health Service;
(2) at least 3 State, local, or territorial public health
officials representing departments of public health, who shall
represent jurisdictions from different regions of the United
States with relatively high concentrations of historically
marginalized populations;
(3) at least 1 Tribal public health official representing
departments of public health;
(4) 1 or more representatives of community-based
organizations that address adverse maternal health outcomes
with a specific focus on racial and ethnic inequities in
maternal health outcomes, with special consideration given to
representatives of such organizations that are led by a person
of color or from communities with significant minority
populations;
(5) a professionally diverse panel of maternity care
providers and perinatal health workers;
(6) 1 or more patients who were pregnant or gave birth
during the COVID-19 public health emergency;
(7) 1 or more patients who contracted COVID-19 and later
gave birth;
(8) 1 or more patients who have received support from a
perinatal health worker; and
(9) racially and ethnically diverse representation from at
least 3 independent experts with knowledge or field experience
with racial and ethnic disparities in public health, women's
health, or maternal mortality and severe maternal morbidity.
TITLE XII--PROTECTING MOMS AND BABIES AGAINST CLIMATE CHANGE
SEC. 1201. DEFINITIONS.
In this title, the following definitions apply:
(1) Adverse maternal and infant health outcomes.--The term
``adverse maternal and infant health outcomes'' includes the
outcomes of preterm birth, low birth weight, stillbirth, infant
or maternal mortality, and severe maternal morbidity.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(4) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)).
(5) Risks associated with climate change.--The term ``risks
associated with climate change'' includes risks associated with
extreme heat, air pollution, extreme weather events, and other
environmental issues associated with climate change that can
result in adverse maternal and infant health outcomes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Stakeholder organization.--The term ``stakeholder
organization'' means--
(A) a community-based organization with expertise
in providing assistance to vulnerable individuals;
(B) a nonprofit organization with expertise in--
(i) maternal or infant health; or
(ii) environmental or climate justice; and
(C) a patient advocacy organization representing
vulnerable individuals.
(8) Vulnerable individual.--The term ``vulnerable
individual'' means--
(A) an individual who is pregnant;
(B) an individual who was pregnant during any
portion of the preceding 1-year period; and
(C) an individual under 3 years of age.
SEC. 1202. GRANT PROGRAM TO PROTECT VULNERABLE MOTHERS AND BABIES FROM
CLIMATE CHANGE RISKS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a grant program to
protect vulnerable individuals from risks associated with climate
change.
(b) Grant Authority.--In carrying out the Program, the Secretary
may award, on a competitive basis, grants to 10 covered entities.
(c) Applications.--To be eligible for a grant under the Program, a
covered entity shall submit to the Secretary an application at such
time, in such form, and containing such information as the Secretary
may require, which shall include, at a minimum, a description of the
following:
(1) Plans for the use of grant funds awarded under the
Program and how patients and stakeholder organizations were
involved in the development of such plans.
(2) How such grant funds will be targeted to geographic
areas that have disproportionately high levels of risks
associated with climate change for vulnerable individuals.
(3) How such grant funds will be used to address racial and
ethnic disparities in--
(A) adverse maternal and infant health outcomes;
and
(B) exposure to risks associated with climate
change for vulnerable individuals.
(4) Strategies to prevent an initiative assisted with such
grant funds from causing--
(A) adverse environmental impacts;
(B) displacement of residents and businesses;
(C) rent and housing price increases; or
(D) disproportionate adverse impacts on racial and
ethnic minority groups and other underserved
populations.
(d) Selection of Grant Recipients.--
(1) Timing.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall select the
recipients of grants under the Program.
(2) Consultation.--In selecting covered entities for grants
under the Program, the Secretary shall consult with--
(A) representatives of stakeholder organizations;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Administrator of the National Oceanic and
Atmospheric Administration; and
(D) from the Department of Health and Human
Services--
(i) the Deputy Assistant Secretary for
Minority Health;
(ii) the Administrator of the Centers for
Medicare & Medicaid Services;
(iii) the Administrator of the Health
Resources and Services Administration;
(iv) the Director of the National
Institutes of Health; and
(v) the Director of the Centers for Disease
Control and Prevention.
(3) Priority.--In selecting grantees under the Program, the
Secretary shall give priority to covered entities that serve a
county or locality--
(A) designated, or located in an area designated,
as a nonattainment area pursuant to section 107 of the
Clean Air Act (42 U.S.C. 7407) for any air pollutant
for which air quality criteria have been issued under
section 108(a) of such Act (42 U.S.C. 7408(a));
(B) with a level of vulnerability of moderate-to-
high or higher, according to the Social Vulnerability
Index of the Centers for Disease Control and
Prevention, or a similar rating of social vulnerability
according to related Federal mapping tools;
(C) with temperatures that pose a risk to human
health, as determined by the Secretary, in consultation
with the Administrator of the National Oceanic and
Atmospheric Administration and the Chair of the United
States Global Change Research Program, based on the
best available science;
(D) with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(E) with a rating of very high or relatively high
risk according to the National Risk Index for Natural
Hazards of the Federal Emergency Management Agency; or
(F) with other climate-sensitive hazards with
associations to adverse maternal or infant health
outcomes, as determined by the Secretary.
(4) Limitation.--A recipient of grant funds under the
Program may not use such grant funds to serve a county or
locality that is served by any other recipient of a grant under
the Program.
(e) Use of Funds.--A covered entity awarded grant funds under the
Program may only use such grant funds for the following:
(1) Initiatives to identify risks associated with climate
change for vulnerable individuals and to provide services and
support to such individuals that address such risks, which may
include--
(A) training for health care providers, perinatal
health workers, and other employees in hospitals, birth
centers, midwifery practices, and other health care
practices that provide prenatal or labor and delivery
services to vulnerable individuals on the
identification of, and patient counseling relating to,
risks associated with climate change for vulnerable
individuals;
(B) hiring, training, or providing resources to
perinatal health workers who can help identify risks
associated with climate change for vulnerable
individuals, provide patient counseling about such
risks, and carry out the distribution of relevant
services and support;
(C) enhancing the monitoring of risks associated
with climate change for vulnerable individuals,
including by--
(i) collecting data on such risks in
specific census tracts, neighborhoods, or other
geographic areas; and
(ii) sharing such data with local health
care providers, perinatal health workers, and
other employees in hospitals, birth centers,
midwifery practices, and other health care
practices that provide prenatal or labor and
delivery services to local vulnerable
individuals; and
(D) providing vulnerable individuals--
(i) air conditioning units, residential
weatherization support, filtration systems,
household appliances, or related items;
(ii) direct financial assistance; and
(iii) services and support, including
housing assistance, evacuation assistance,
transportation assistance, access to cooling
shelters, and mental health counseling, to
prepare for or recover from extreme weather
events, which may include floods, hurricanes,
wildfires, droughts, and related events.
(2) Initiatives to mitigate levels of and exposure to risks
associated with climate change for vulnerable individuals,
which shall be based on the best available science and which
may include initiatives to--
(A) develop, maintain, or expand urban or community
forestry initiatives and tree canopy coverage
initiatives;
(B) improve infrastructure, such as buildings and
paved surfaces;
(C) develop or improve community outreach networks
to provide culturally and linguistically appropriate
information and notifications about risks associated
with climate change for vulnerable individuals; and
(D) provide enhanced services to racial and ethnic
minority groups and other underserved populations.
(f) Length of Award.--A grant under this section shall be disbursed
over 4 fiscal years.
(g) Technical Assistance.--The Secretary shall provide technical
assistance to a covered entity awarded a grant under the Program to
support the development, implementation, and evaluation of activities
funded with such grant.
(h) Reports to Secretary.--
(1) Annual report.--For each fiscal year during which a
covered entity is disbursed grant funds under the Program, such
covered entity shall submit to the Secretary a report that
summarizes the activities carried out by such covered entity
with such grant funds during such fiscal year, which shall
include a description of the following:
(A) The involvement of stakeholder organizations in
the implementation of initiatives assisted with such
grant funds.
(B) Relevant health and environmental data,
disaggregated, to the extent practicable, by race,
ethnicity, primary language, socioeconomic status,
geography, insurance type, pregnancy status, and other
relevant demographic information.
(C) Qualitative feedback received from vulnerable
individuals with respect to initiatives assisted with
such grant funds.
(D) Criteria used in selecting the geographic areas
assisted with such grant funds.
(E) Efforts to address racial and ethnic
disparities in adverse maternal and infant health
outcomes and in exposure to risks associated with
climate change for vulnerable individuals.
(F) Any negative and unintended impacts of
initiatives assisted with such grant funds, including--
(i) adverse environmental impacts;
(ii) displacement of residents and
businesses;
(iii) rent and housing price increases; and
(iv) disproportionate adverse impacts on
racial and ethnic minority groups and other
underserved populations.
(G) How the covered entity will address and prevent
any impacts described in subparagraph (F).
(2) Publication.--Not later than 30 days after the date on
which a report is submitted under paragraph (1), the Secretary
shall publish such report on a public website of the Department
of Health and Human Services.
(i) Report to Congress.--Not later than the date that is 5 years
after the date on which the Program is established, the Secretary shall
submit to Congress and publish on a public website of the Department of
Health and Human Services a report on the results of the Program,
including the following:
(1) Summaries of the annual reports submitted under
subsection (h).
(2) Evaluations of the initiatives assisted with grant
funds under the Program.
(3) An assessment of the effectiveness of the Program in--
(A) identifying risks associated with climate
change for vulnerable individuals;
(B) providing services and support to such
individuals;
(C) mitigating levels of and exposure to such
risks; and
(D) addressing racial and ethnic disparities in
adverse maternal and infant health outcomes and in
exposure to such risks.
(4) A description of how the Program could be expanded,
including--
(A) monitoring efforts or data collection that
would be required to identify areas with high levels of
risks associated with climate change for vulnerable
individuals;
(B) how such areas could be identified using the
strategy developed under section 1205; and
(C) recommendations for additional funding.
(j) Definitions.--In this section:
(1) The term ``covered entity'' means a consortium of
organizations serving a county that--
(A) shall include a community-based organization;
and
(B) may include--
(i) another stakeholder organization;
(ii) the government of such county;
(iii) the governments of one or more
municipalities within such county;
(iv) a State or local public health
department or emergency management agency;
(v) a local health care practice, which may
include a licensed and accredited hospital,
birth center, midwifery practice, or other
health care practice that provides prenatal or
labor and delivery services to vulnerable
individuals;
(vi) an Indian tribe or Tribal organization
(as such terms are defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(vii) an Urban Indian organization (as
defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603)); and
(viii) an institution of higher education.
(2) The term ``Program'' means the grant program under this
section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for the period of
fiscal years 2024 through 2027.
SEC. 1203. GRANT PROGRAM FOR EDUCATION AND TRAINING AT HEALTH
PROFESSION SCHOOLS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a grant program to provide funds to health profession schools
to support the development and integration of education and training
programs for identifying and addressing risks associated with climate
change for vulnerable individuals.
(b) Grant Authority.--In carrying out the Program, the Secretary
may award, on a competitive basis, grants to health profession schools.
(c) Application.--To be eligible for a grant under the Program, a
health profession school shall submit to the Secretary an application
at such time, in such form, and containing such information as the
Secretary may require, which shall include, at a minimum, a description
of the following:
(1) How such health profession school will engage with
vulnerable individuals, and stakeholder organizations
representing such individuals, in developing and implementing
the education and training programs supported by grant funds
awarded under the Program.
(2) How such health profession school will ensure that such
education and training programs will address racial and ethnic
disparities in exposure to, and the effects of, risks
associated with climate change for vulnerable individuals.
(d) Use of Funds.--A health profession school awarded a grant under
the Program shall use the grant funds to develop, and integrate into
the curriculum and continuing education of such health profession
school, education and training on each of the following:
(1) Identifying risks associated with climate change for
vulnerable individuals and individuals with the intent to
become pregnant.
(2) How risks associated with climate change affect
vulnerable individuals and individuals with the intent to
become pregnant.
(3) Racial and ethnic disparities in exposure to, and the
effects of, risks associated with climate change for vulnerable
individuals and individuals with the intent to become pregnant.
(4) Patient counseling and mitigation strategies relating
to risks associated with climate change for vulnerable
individuals.
(5) Relevant services and support for vulnerable
individuals relating to risks associated with climate change
and strategies for ensuring vulnerable individuals have access
to such services and support.
(6) Implicit and explicit bias, racism, and discrimination.
(7) Related topics identified by such health profession
school based on the engagement of such health profession school
with vulnerable individuals and stakeholder organizations
representing such individuals.
(e) Partnerships.--In carrying out activities with grant funds, a
health profession school awarded a grant under the Program may partner
with one or more of the following:
(1) A State or local public health department.
(2) A health care professional membership organization.
(3) A stakeholder organization.
(4) A health profession school.
(5) An institution of higher education.
(f) Reports to Secretary.--
(1) Annual report.--For each fiscal year during which a
health profession school is disbursed grant funds under the
Program, such health profession school shall submit to the
Secretary a report that describes the activities carried out
with such grant funds during such fiscal year.
(2) Final report.--Not later than the date that is 1 year
after the end of the last fiscal year during which a health
profession school is disbursed grant funds under the Program,
the health profession school shall submit to the Secretary a
final report that summarizes the activities carried out with
such grant funds.
(g) Report to Congress.--Not later than the date that is 6 years
after the date on which the Program is established, the Secretary shall
submit to Congress and publish on a public website of the Department of
Health and Human Services a report that includes the following:
(1) A summary of the reports submitted under subsection
(f).
(2) Recommendations to improve education and training
programs at health profession schools with respect to
identifying and addressing risks associated with climate change
for vulnerable individuals.
(h) Definitions.--In this section:
(1) The term ``health profession school'' means an
accredited--
(A) medical school;
(B) school of nursing;
(C) midwifery program;
(D) physician assistant education program;
(E) teaching hospital;
(F) residency or fellowship program; or
(G) other school or program determined appropriate
by the Secretary.
(2) The term ``Program'' means the grant program under this
section.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for the period of
fiscal years 2024 through 2027.
SEC. 1204. NIH CONSORTIUM ON BIRTH AND CLIMATE CHANGE RESEARCH.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Director of the National Institutes of
Health shall establish the Consortium on Birth and Climate Change
Research (in this section referred to as the ``Consortium'').
(b) Duties.--
(1) In general.--The Consortium shall coordinate, across
the institutes, centers, and offices of the National Institutes
of Health, research on the risks associated with climate change
for vulnerable individuals.
(2) Required activities.--In carrying out paragraph (1),
the Consortium shall--
(A) establish research priorities, including by
prioritizing research that--
(i) identifies the risks associated with
climate change for vulnerable individuals with
a particular focus on disparities in such risks
among racial and ethnic minority groups and
other underserved populations; and
(ii) identifies strategies to reduce levels
of, and exposure to, such risks, with a
particular focus on risks among racial and
ethnic minority groups and other underserved
populations;
(B) identify gaps in available data related to such
risks;
(C) identify gaps in, and opportunities for,
research collaborations;
(D) identify funding opportunities for community-
based organizations and researchers from racially,
ethnically, and geographically diverse backgrounds;
(E) identify opportunities to increase public
awareness related to risks associated with climate
change for vulnerable individuals; and
(F) publish annual reports on the work and findings
of the Consortium on a public website of the National
Institutes of Health.
(c) Membership.--The Director shall appoint to the Consortium
representatives of such institutes, centers, and offices of the
National Institutes of Health as the Director considers appropriate,
including, at a minimum, representatives of--
(1) the National Institute of Environmental Health
Sciences;
(2) the National Institute on Minority Health and Health
Disparities;
(3) the Eunice Kennedy Shriver National Institute of Child
Health and Human Development;
(4) the National Institute of Mental Health;
(5) the National Institute of Nursing Research; and
(6) the Office of Research on Women's Health.
(d) Chairperson.--The Chairperson of the Consortium shall be
designated by the Director and selected from among the representatives
appointed under subsection (c).
(e) Consultation.--In carrying out the duties described in
subsection (b), the Consortium shall consult with--
(1) the heads of relevant Federal agencies, including--
(A) the Environmental Protection Agency;
(B) the National Oceanic and Atmospheric
Administration;
(C) the Occupational Safety and Health
Administration; and
(D) from the Department of Health and Human
Services--
(i) the Office of Minority Health in the
Office of the Secretary;
(ii) the Centers for Medicare & Medicaid
Services;
(iii) the Health Resources and Services
Administration;
(iv) the Centers for Disease Control and
Prevention;
(v) the Indian Health Service; and
(vi) the Administration for Children and
Families; and
(2) representatives of--
(A) stakeholder organizations;
(B) health care providers and professional
membership organizations with expertise in maternal
health or environmental justice;
(C) State and local public health departments;
(D) licensed and accredited hospitals, birth
centers, midwifery practices, or other health care
practices that provide prenatal or labor and delivery
services to vulnerable individuals; and
(E) institutions of higher education, including
such institutions that are minority-serving
institutions or have expertise in maternal health or
environmental justice.
SEC. 1205. STRATEGY FOR IDENTIFYING CLIMATE CHANGE RISK ZONES FOR
VULNERABLE MOTHERS AND BABIES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall develop a strategy (in this section referred to as the
``Strategy'') for designating areas that the Secretary determines to
have a high risk of adverse maternal and infant health outcomes among
vulnerable individuals as a result of risks associated with climate
change.
(b) Strategy Requirements.--
(1) In general.--In developing the Strategy, the Secretary
shall establish a process to identify areas where vulnerable
individuals are exposed to a high risk of adverse maternal and
infant health outcomes as a result of risks associated with
climate change in conjunction with other factors that can
impact such health outcomes, including--
(A) the incidence of diseases associated with air
pollution, extreme heat, and other environmental
factors;
(B) the availability and accessibility of maternal
and infant health care providers;
(C) English-language proficiency among women of
reproductive age;
(D) the health insurance status of women of
reproductive age;
(E) the number of women of reproductive age who are
members of racial or ethnic groups with
disproportionately high rates of adverse maternal and
infant health outcomes;
(F) the socioeconomic status of women of
reproductive age, including with respect to--
(i) poverty;
(ii) unemployment;
(iii) household income; and
(iv) educational attainment; and
(G) access to quality housing, transportation, and
nutrition.
(2) Resources.--In developing the Strategy, the Secretary
shall identify, and incorporate a description of, the
following:
(A) Existing mapping tools or Federal programs that
identify--
(i) risks associated with climate change
for vulnerable individuals; and
(ii) other factors that can influence
maternal and infant health outcomes, including
the factors described in paragraph (1).
(B) Environmental, health, socioeconomic, and
demographic data relevant to identifying risks
associated with climate change for vulnerable
individuals.
(C) Existing monitoring networks that collect data
described in subparagraph (B), and any gaps in such
networks.
(D) Federal, State, and local stakeholders involved
in maintaining monitoring networks identified under
subparagraph (C), and how such stakeholders are
coordinating their monitoring efforts.
(E) Additional monitoring networks, and
enhancements to existing monitoring networks, that
would be required to address gaps identified under
subparagraph (C), including at the subcounty and census
tract level.
(F) Funding amounts required to establish the
monitoring networks identified under subparagraph (E)
and recommendations for Federal, State, and local
coordination with respect to such networks.
(G) Potential uses for data collected and generated
as a result of the Strategy, including how such data
may be used in determining recipients of grants under
the program established by section 2 or other similar
programs.
(H) Other information the Secretary considers
relevant for the development of the Strategy.
(c) Coordination and Consultation.--In developing the Strategy, the
Secretary shall--
(1) coordinate with the Administrator of the Environmental
Protection Agency and the Administrator of the National Oceanic
and Atmospheric Administration; and
(2) consult with--
(A) stakeholder organizations;
(B) health care providers and professional
membership organizations with expertise in maternal
health or environmental justice;
(C) State and local public health departments;
(D) licensed and accredited hospitals, birth
centers, midwifery practices, or other health care
providers that provide prenatal or labor and delivery
services to vulnerable individuals; and
(E) institutions of higher education, including
such institutions that are minority-serving
institutions or have expertise in maternal health or
environmental justice.
(d) Notice and Comment.--At least 240 days before the date on which
the Strategy is published in accordance with subsection (e), the
Secretary shall provide--
(1) notice of the Strategy on a public website of the
Department of Health and Human Services; and
(2) an opportunity for public comment of at least 90 days.
(e) Publication.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall publish on a public website
of the Department of Health and Human Services--
(1) the Strategy;
(2) the public comments received under subsection (d); and
(3) the responses of the Secretary to such public comments.
TITLE XIII--MATERNAL VACCINATIONS
SEC. 1301. MATERNAL VACCINATION AWARENESS AND EQUITY CAMPAIGN.
(a) Campaign.--Section 313 of the Public Health Service Act (42
U.S.C. 245) is amended--
(1) in subsection (a), by inserting ``and among pregnant
and postpartum individuals,'' after ``low rates of
vaccination,'';
(2) in subsection (c)(3), by striking ``prenatal and
pediatric'' and inserting ``prenatal, obstetric, and
pediatric'';
(3) in subsection (d)(4)(B), by inserting ``pregnant and
postpartum individuals and'' after ``including''; and
(4) in subsection (g), by striking ``$15,000,000 for each
of fiscal years 2021 through 2025'' and inserting ``$17,000,000
for each of fiscal years 2024 through 2028''.
(b) Additional Activities.--Section 317(k)(1)(E) of the Public
Health Service Act (42 U.S.C. 247b(k)(1)(E)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(vii) increase vaccination rates of
pregnant and postpartum individuals, including
individuals from racial and ethnic minority
groups, and their children; and''.
<all>
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118S1607 | Repair Abuses of MSP Payments (RAMP) Act | [
[
"S001184",
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"H001076",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1607 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1607
To amend title XVIII of the Social Security Act to permit a private
cause of action for damages in the case of a group health plan which
fails to provide for primary payment or appropriate reimbursement.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Scott of South Carolina (for himself and Ms. Hassan) 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 permit a private
cause of action for damages in the case of a group health plan which
fails to provide for primary payment or appropriate reimbursement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repair Abuses of MSP Payments (RAMP)
Act''.
SEC. 2. PRIVATE CAUSE OF ACTION FOR DAMAGES IN THE CASE OF A GROUP
HEALTH PLAN WHICH FAILS TO PROVIDE FOR PRIMARY PAYMENT OR
APPROPRIATE REIMBURSEMENT.
Section 1862(b)(3)(A) of the Social Security Act (42 U.S.C.
1395y(b)(3)(A)) is amended by striking ``primary plan'' and inserting
``group health plan (as defined in paragraph (1)(A)(v))''.
<all>
</pre></body></html>
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118S1608 | Starr–Camargo Bridge Expansion Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1608 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1608
To provide for the expansion of the Starr-Camargo Bridge near Rio
Grande City, Texas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Cornyn (for himself, Mr. Cruz, and Mr. Kelly) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To provide for the expansion of the Starr-Camargo Bridge near Rio
Grande City, Texas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Starr-Camargo Bridge Expansion
Act''.
SEC. 2. STARR-CAMARGO BRIDGE.
(a) Authorization.--The first section of Public Law 87-532 (76
Stat. 153; 130 Stat. 411) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``and expand'' after
``construct'';
(B) by inserting ``, including the expansion and
addition of adjacent spans to the existing
international bridge,'' after ``thereto'';
(C) by inserting ``multimodal toll'' after ``14'';
(D) by striking ``to maintain'' and inserting ``and
to maintain, control,''; and
(E) by striking ``such bridge'' and inserting
``those bridges''; and
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``expansion,'' after ``construction,''.
(b) Rights of Starr-Camargo Bridge Company and Successors and
Assigns.--Section 3(a) of Public Law 87-532 (76 Stat. 153; 130 Stat.
411) is amended by inserting ``, as needed for the location,
construction, expansion, control, operation, and maintenance of the
bridges referred to in subsection (a)(2) at or near Rio Grande City,
Texas'' after ``chapter 466)''.
(c) Sunset.--Section 5 of Public Law 87-532 (76 Stat. 153; 130
Stat. 411) is amended--
(1) by inserting ``by the Starr-Camargo Bridge Company and
its successors and assigns'' after ``constructed'';
(2) by striking ``three'' and inserting ``60'';
(3) by striking ``five'' and inserting ``65''; and
(4) by striking ``date of enactment of this Act'' and
inserting ``date of enactment of the Starr-Camargo Bridge
Expansion Act''.
(d) Savings Provision.--Nothing in this section or the amendments
made by this section--
(1) grants new rights or duties to the San Benito
International Bridge Company (known as the ``Free Trade
International Bridge'' as of the date of enactment of this
Act); or
(2) alters, repeals, or voids any rights or duties held by
the San Benito International Bridge Company (known as the
``Free Trade International Bridge'' as of the date of enactment
of this Act) under Public Law 87-532 (76 Stat. 153; 130 Stat.
411), as in effect on the day before the date of enactment of
this Act.
<all>
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118S1609 | Support Our Election Workers Act | [
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"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1609
To direct the Election Assistance Commission to establish a program to
make grants to States to provide increased pay for election workers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Ms. Klobuchar (for herself, Mr. Warner, Mr. Padilla, Mr. Welch, Mr.
Brown, Mr. Sanders, Ms. Smith, Mr. Whitehouse, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on Rules and Administration
_______________________________________________________________________
A BILL
To direct the Election Assistance Commission to establish a program to
make grants to States to provide increased pay for election 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 ``Support Our Election Workers Act''.
SEC. 2. PROGRAM FOR GRANTS TO SUPPORT ELECTION WORKERS.
(a) Establishment of Program.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding
at the end the following:
``PART 7-- PAYMENTS TO HELP SUPPORT ELECTION WORKERS
``SEC. 297. ESTABLISHMENT AND OPERATION OF GRANT PROGRAM.
``(a) In General.--The Commission shall establish and operate a
program under which the Commission shall make payments to eligible
States for providing increased pay for election workers, including
individuals serving as election officials or poll workers on a
temporary or unpaid basis.
``(b) Amount of Payment.--
``(1) Amount.--The amount of a payment made to a State
under the program established under this part shall be equal to
the greater of--
``(A) the reasonable costs the State expects to
incur in providing increased pay for election workers,
as determined by the Commission taking into account the
information provided by the State in the plan described
in section 297A; or
``(B) the minimum payment amount described in
paragraph (2) with respect to the fiscal year.
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph with respect to a fiscal year is
equal to one-half of 1 percent of the aggregate amount made
available during the fiscal year for payments under the program
established under this part.
``(c) Application.--In order to be eligible to receive a payment
under the program established under this part, a State shall submit to
the Commission, at such time and in such form as the Commission may
require, an application containing a description of a plan for how the
State will use the payment to provide increased pay to election
workers, as described in section 297A, together with such other
information and assurances as the Commission may require.
``(d) Reports.--A State receiving a payment under the program
established under this part shall submit to the Commission such reports
on the State's use of the payment as the Commission may require.
``SEC. 297A. STATE PLAN FOR PROVIDING INCREASED PAY TO ELECTION
WORKERS.
``(a) Elements of Plan.--A State's plan for providing increased pay
to election workers shall include the following elements:
``(1) A description of how the State will use increased pay
to retain qualified election workers and to recruit new
election workers.
``(2) The requirements an individual must meet in order to
be eligible to receive increased pay under the plan.
``(3) The amount of the reasonable costs the State expects
to incur in providing increased pay for such eligible
individuals.
``(4) The procedures for carrying out the plan, including
the extent to which State and local election officials will be
responsible for carrying out the plan.
``(b) Opportunity of All Election Workers To Receive Pay.--Under
the State's plan, the State may not treat an election worker as
ineligible to receive increased pay solely because the individual does
not interact directly with voters, individuals attempting to vote, or
individuals attempting to register to vote.
``SEC. 297B. COVERAGE OF COMMONWEALTH OF NORTHERN MARIANA ISLANDS.
``In this part, the Commonwealth of the Northern Mariana Islands
shall be considered a State.
``SEC. 297C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part such sums as may be necessary for fiscal year 2024 and each
succeeding fiscal year.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``PART 7-- Payments to Help Support Election Workers
``Sec. 297. Establishment and operation of grant program.
``Sec. 297A. State plan for providing increased pay to election
workers.
``Sec. 297B. Coverage of Commonwealth of Northern Mariana Islands.
``Sec. 297C. Authorization of appropriations.''.
<all>
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118S161 | JOBS Act of 2023 | [
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] | <p> <b>Jumpstart Our Businesses by Supporting Students Act of 2023 or the JOBS Act of 2023</b></p> <p>This bill expands student eligibility for Pell Grants by establishing the Job Training Federal Pell Grant program.</p> <p>Specifically, the bill requires the Department of Education to award a job training Pell Grant to a student who does not have a degree; attends an institution of higher education (IHE); is enrolled in a career and technical education program at an IHE that provides 150 to 600 clock hours of instructional time over a period of 8 to 15 weeks and provides training aligned with high-skill, high-wage, or in-demand industry sectors (i.e., job training programs); and meets all other eligibility requirements for a Pell Grant.</p> <p>Additionally, the bill specifies that any period during which a student receives a job training Pell Grant counts toward that student's Pell Grant eligibility period.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 161 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 161
To extend Federal Pell Grant eligibility of certain short-term
programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Kaine (for himself, Mr. Braun, Ms. Baldwin, Mr. Barrasso, Mr.
Bennet, Mr. Blumenthal, Mr. Booker, Mrs. Capito, Mr. Cardin, Ms.
Collins, Ms. Cortez Masto, Mr. Cramer, Mr. Daines, Ms. Duckworth, Ms.
Ernst, Mrs. Feinstein, Mrs. Gillibrand, Ms. Hassan, Mr. Hickenlooper,
Mr. Hoeven, Mrs. Hyde-Smith, Mr. Kelly, Mr. King, Ms. Klobuchar, Mr.
Lujan, Mr. Marshall, Mr. Ossoff, Mr. Rubio, Mrs. Shaheen, Ms. Sinema,
Ms. Smith, Mr. Tillis, Mr. Tuberville, Mr. Van Hollen, Mr. Warner, Mr.
Wicker, and Mr. Wyden) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To extend Federal Pell Grant eligibility of certain short-term
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 ``Jumpstart Our Businesses by
Supporting Students Act of 2023'' or the ``JOBS Act of 2023''.
SEC. 2. EXTENDING FEDERAL PELL GRANT ELIGIBILITY OF CERTAIN SHORT-TERM
PROGRAMS.
(a) In General.--
(1) Prior to fafsa simplification.--Section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by
inserting after subsection (j) the following:
``(k) Job Training Federal Pell Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible career pathway program.--The term
`eligible career pathway program' means a program
that--
``(i) meets the requirements of section
484(d)(2);
``(ii) is listed on the provider list under
section 122(d) of the Workforce Innovation and
Opportunity Act;
``(iii) is part of a career pathway, as
defined in section 3 of that Act; and
``(iv) is aligned to a program of study as
defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006.
``(B) Eligible job training program.--
``(i) In general.--The term `eligible job
training program' means a career and technical
education program at an institution of higher
education that--
``(I) provides not less than 150,
and not more than 600, clock hours of
instructional time over a period of not
less than 8 weeks and not more than 15
weeks;
``(II) provides training aligned
with the requirements of high-skill,
high-wage, or in-demand industry
sectors or occupations in the State or
local area, as determined by an
industry or sector partnership;
``(III) is a program of training
services, and provided through an
eligible training provider, as
described under section 122(d) of the
Workforce Innovation and Opportunity
Act;
``(IV) provides a student, upon
completion of the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, including
credentials recognized by industry or
sector partnerships in the relevant
industry in the State or local area
where the industry is located and the
job training program is provided;
``(V) has been determined by the
institution of higher education (after
validation of that determination by an
industry or sector partnership) to
provide academic content, an amount of
instructional time, and a recognized
postsecondary credential that are
sufficient to--
``(aa) meet the hiring
requirements of potential
employers; and
``(bb) satisfy any
applicable educational
prerequisite requirement for
professional licensure or
certification, so that the
student who completes the
program and seeks employment
qualifies to take any licensure
or certification examination
needed to practice or find
employment in an occupation
that the program prepares
students to enter;
``(VI) may include integrated
education and training;
``(VII) may be offered as part of
an eligible career pathway program;
``(VIII) does not exceed by more
than 50 percent the minimum number of
clock hours required for training if
the State has established such a
requirement; and
``(IX) shall include institutional
credit articulation for a student
enrolled in a noncredit job training
program.
``(ii) Approval by the secretary.--In the
case of a program that is seeking to establish
eligibility as an eligible job training program
under this subparagraph, the Secretary shall
make a determination about whether the program
meets the requirements of this subparagraph not
more than 60 days after the date on which such
program is submitted for consideration as an
eligible job training program.
``(iii) Additional assurance.--The
Secretary shall not determine that a program is
an eligible job training program in accordance
with clause (ii) unless the Secretary receives
a certification from the appropriate State
board containing an assurance that the program
meets the requirements of clause (i).
``(C) Institution of higher education.--The term
`institution of higher education' means--
``(i) an institution of higher education,
as defined in section 101; or
``(ii) a postsecondary vocational
institution, as defined in section 102(c).
``(D) Institutional credit articulation.--The term
`institutional credit articulation' means an
institution of higher education provides a student who
has completed a noncredit program with the equivalent
academic credit that may be applied to a subsequent
credit-bearing certificate or degree program upon
enrollment in such program at such institution.
``(E) WIOA definitions.--The terms `industry or
sector partnership', `in-demand industry sector or
occupation', `recognized postsecondary credential', and
`State board' have the meanings given such terms in
section 3 of the Workforce Innovation and Opportunity
Act.
``(2) In general.--For the award year beginning on July 1,
2023, and each subsequent award year, the Secretary shall carry
out a program through which the Secretary shall award Federal
Pell Grants to students in eligible job training programs
(referred to as a `job training Federal Pell Grant'). Each
eligible job training Federal Pell Grant awarded under this
subsection shall have the same terms and conditions, and be
awarded in the same manner, as other Federal Pell Grants
awarded under subsection (a), except as follows:
``(A) A student who is eligible to receive a job
training Federal Pell Grant under this subsection is a
student who--
``(i) has not yet attained a
postbaccalaureate degree;
``(ii) attends an institution of higher
education;
``(iii) is enrolled, or accepted for
enrollment, in an eligible job training program
at such institution of higher education; and
``(iv) meets all other eligibility
requirements for a Federal Pell Grant (except
with respect to the type of program of study,
as provided in clause (iii)).
``(B) The amount of a job training Federal Pell
Grant for an eligible student shall be determined under
subsection (b), except that subsection (b)(4) shall not
apply.
``(3) Inclusion in total eligibility period.--Any period
during which a student receives a job training Federal Pell
Grant under this subsection shall be included in calculating
the student's period of eligibility for Federal Pell Grants
under subsection (c), and the eligibility requirements
regarding students who are enrolled in an undergraduate program
on less than a full-time basis shall similarly apply to
students who are enrolled in an eligible job training program
at an eligible institution on less than a full-time basis.''.
(2) After fafsa simplification act.--Section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a), as amended by
section 703 of the FAFSA Simplification Act (title VII of
division FF of Public Law 116-260) and the FAFSA Simplification
Act Technical Corrections Act (Public Law 117-103), is further
amended by adding at the end the following:
``(k) Job Training Federal Pell Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible career pathway program.--The term
`eligible career pathway program' means a program
that--
``(i) meets the requirements of section
484(d)(2);
``(ii) is listed on the provider list under
section 122(d) of the Workforce Innovation and
Opportunity Act;
``(iii) is part of a career pathway, as
defined in section 3 of that Act; and
``(iv) is aligned to a program of study as
defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006.
``(B) Eligible job training program.--
``(i) In general.--The term `eligible job
training program' means a career and technical
education program at an institution of higher
education that--
``(I) provides not less than 150,
and not more than 600, clock hours of
instructional time over a period of not
less than 8 weeks and not more than 15
weeks;
``(II) provides training aligned
with the requirements of high-skill,
high-wage, or in-demand industry
sectors or occupations in the State or
local area, as determined by an
industry or sector partnership;
``(III) is a program of training
services, and provided through an
eligible training provider, as
described under section 122(d) of the
Workforce Innovation and Opportunity
Act;
``(IV) provides a student, upon
completion of the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, including
credentials recognized by industry or
sector partnerships in the relevant
industry in the State or local area
where the industry is located and the
job training program is provided;
``(V) has been determined by the
institution of higher education (after
validation of that determination by an
industry or sector partnership) to
provide academic content, an amount of
instructional time, and a recognized
postsecondary credential that are
sufficient to--
``(aa) meet the hiring
requirements of potential
employers; and
``(bb) satisfy any
applicable educational
prerequisite requirement for
professional licensure or
certification, so that the
student who completes the
program and seeks employment
qualifies to take any licensure
or certification examination
needed to practice or find
employment in an occupation
that the program prepares
students to enter;
``(VI) may include integrated
education and training;
``(VII) may be offered as part of
an eligible career pathway program;
``(VIII) does not exceed by more
than 50 percent the minimum number of
clock hours required for training if
the State has established such a
requirement; and
``(IX) shall include institutional
credit articulation for a student
enrolled in a noncredit job training
program.
``(ii) Approval by the secretary.--In the
case of a program that is seeking to establish
eligibility as an eligible job training program
under this subparagraph, the Secretary shall
make a determination about whether the program
meets the requirements of this subparagraph not
more than 60 days after the date on which such
program is submitted for consideration as an
eligible job training program.
``(iii) Additional assurance.--The
Secretary shall not determine that a program is
an eligible job training program in accordance
with clause (ii) unless the Secretary receives
a certification from the appropriate State
board containing an assurance that the program
meets the requirements of clause (i).
``(C) Institution of higher education.--The term
`institution of higher education' means--
``(i) an institution of higher education,
as defined in section 101; or
``(ii) a postsecondary vocational
institution, as defined in section 102(c).
``(D) Institutional credit articulation.--The term
`institutional credit articulation' means an
institution of higher education provides a student who
has completed a noncredit program with the equivalent
academic credit that may be applied to a subsequent
credit-bearing certificate or degree program upon
enrollment in such program at such institution.
``(E) WIOA definitions.--The terms `industry or
sector partnership', `in-demand industry sector or
occupation', `recognized postsecondary credential', and
`State board' have the meanings given such terms in
section 3 of the Workforce Innovation and Opportunity
Act.
``(2) In general.--For the award year beginning on July 1,
2023, and each subsequent award year, the Secretary shall carry
out a program through which the Secretary shall award Federal
Pell Grants to students in eligible job training programs
(referred to as a `job training Federal Pell Grant'). Each
eligible job training Federal Pell Grant awarded under this
subsection shall have the same terms and conditions, and be
awarded in the same manner, as other Federal Pell Grants
awarded under subsection (b), except as follows:
``(A) A student who is eligible to receive a job
training Federal Pell Grant under this subsection is a
student who--
``(i) has not yet attained a
postbaccalaureate degree;
``(ii) attends an institution of higher
education;
``(iii) is enrolled, or accepted for
enrollment, in an eligible job training program
at such institution of higher education; and
``(iv) meets all other eligibility
requirements for a Federal Pell Grant (except
with respect to the type of program of study,
as provided in clause (iii)).
``(B) The amount of a job training Federal Pell
Grant for an eligible student shall be determined under
subsection (b), except that notwithstanding subsection
(b)(1)(B) a student who is eligible for less than the
minimum Federal Pell Grant for an academic year in
which the student is enrolled in an eligible program
full time may still be eligible for a Federal Pell
Grant.
``(3) Inclusion in total eligibility period.--Any period
during which a student receives a job training Federal Pell
Grant under this subsection shall be included in calculating
the student's period of eligibility for Federal Pell Grants
under subsection (d), and the eligibility requirements
regarding students who are enrolled in an undergraduate program
on less than a full-time basis shall similarly apply to
students who are enrolled in an eligible job training program
at an eligible institution on less than a full-time basis.''.
(3) Effective date.--The amendment made by paragraph (2)
shall take effect as if included in section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260), as amended by the FAFSA Simplification Act Technical
Corrections Act (Public Law 117-103), and subject to the
effective date of section 701(b) of such Act.
(b) Accrediting Agency Recognition of Eligible Job Training
Programs.--Section 496(a)(4) of the Higher Education Act of 1965 (20
U.S.C. 1099b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(ii), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) if such agency or association has or seeks to
include within its scope of recognition the evaluation
of the quality of institutions of higher education
participating in the job training Federal Pell Grant
program under section 401(k), such agency or
association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the
Secretary that, with respect to such eligible job
training programs (as defined in that subsection)--
``(i) the agency or association's standards
include a process for determining if the
institution has the capability to effectively
offer an eligible job training program; and
``(ii) the agency or association requires a
demonstration that the program--
``(I) has identified each
recognized postsecondary credential
offered and the corresponding industry
or sector partnership that actively
recognizes each credential in the
relevant industry in the State or local
area where the industry is located; and
``(II) provides the academic
content and amount of instructional
time that is sufficient to--
``(aa) meet the hiring
requirements of potential
employers; and
``(bb) satisfy any
applicable educational
prerequisites for professional
licensure or certification
requirements so that the
student who completes the
program and seeks employment
qualifies to take any licensure
or certification examination
that is needed to practice or
find employment in an
occupation that the program
prepares students to enter.''.
(c) Interagency Data Sharing.--The Secretary of Education shall
coordinate and enter into a data sharing agreement with the Secretary
of Labor to ensure access to data related to indicators of performance
collected under section 116 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141). Under such data sharing agreement, the
Commissioner of the National Center for Education Statistics shall
collect and review the contents of performance reports for eligible
providers of training services described in section 116(d)(4) of that
Act not less frequently than once each year.
(d) Minimum Federal Pell Grant.--
(1) In general.--Section 401(b)(4) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(4)) is amended by striking
``ten percent'' and inserting ``5 percent''.
(2) FAFSA simplification.--
(A) In general.--Section 401(a)(2)(F) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(a)(2)(F)), as
amended by section 703 of the FAFSA Simplification Act
(title VII of division FF of Public Law 116-260) and
the FAFSA Simplification Act Technical Corrections Act
(Public Law 117-103), is further amended by striking
``ten percent'' and inserting ``5 percent''.
(B) Effective date.--The amendment made by this
paragraph shall take effect as if included in section
703 of the FAFSA Simplification Act (title VII of
division FF of Public Law 116-260) and the FAFSA
Simplification Act Technical Corrections Act (Public
Law 117-103), and subject to the effective date of
section 701(b) of such Act.
(e) Effective Date.--Unless otherwise specified, this section, and
the amendments made by this section, shall take effect on July 1, 2023.
<all>
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118S1610 | Protecting Service Members and Military Families’ Access to Reproductive Care Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1610 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1610
To authorize administrative absences and travel and transportation
allowances for members of the Armed Forces to travel to obtain
reproductive health care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mrs. Shaheen (for herself, Ms. Hirono, Mr. Blumenthal, Mr. Fetterman,
Mrs. Gillibrand, Mr. King, Mr. Hickenlooper, Mr. Cardin, Ms. Warren,
Ms. Baldwin, Ms. Duckworth, Mr. Welch, Mr. Wyden, Mr. Sanders, Mr.
Carper, Mrs. Murray, Mr. Booker, Mr. Bennet, Mr. Kelly, Ms. Klobuchar,
Mrs. Feinstein, Mr. Brown, Ms. Rosen, Mr. Markey, Mr. Durbin, Ms.
Smith, Mr. Whitehouse, Mr. Heinrich, Ms. Cantwell, and Ms. Cortez
Masto) introduced the following bill; which was read twice and referred
to the Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize administrative absences and travel and transportation
allowances for members of the Armed Forces to travel to obtain
reproductive health 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 ``Protecting Service Members and
Military Families' Access to Reproductive Care Act of 2023''.
SEC. 2. AUTHORIZATION OF ADMINISTRATIVE ABSENCES AND TRAVEL AND
TRANSPORTATION ALLOWANCES FOR REPRODUCTIVE HEALTH CARE.
(a) Leaves of Absence.--
(1) In general.--Chapter 40 of title 10, United States
Code, is amended by inserting after section 708 the following
new section:
``Sec. 708a. Reproductive health administrative absence
``(a) In General.--Under such regulations as the Secretary of
Defense may prescribe, the Secretary shall grant an administrative
absence to a member of the Armed Forces who requests such an absence--
``(1) to receive non-covered reproductive health care; or
``(2) to accompany a spouse or other dependent who receives
non-covered reproductive health care.
``(b) Duration.--An administrative absence granted under subsection
(a) pursuant to a request made under that subsection may extend for a
period of not more than 21 days for each such request.
``(c) Requirements for Regulations.--The regulations prescribed
under subsection (a) shall provide that--
``(1) no additional requirement, including consultations
with a chaplain, medical testing, or any other form of
counseling, may be imposed on a member requesting an
administrative absence under subsection (a) by the Secretary or
the commander or other approval authority of the member; and
``(2) the Secretary and the commander or other approval
authority of a member shall prioritize the privacy of the
member (and the spouse or other dependent of the member, if
applicable), consistent with applicable statutes and
regulations governing protected medical information.
``(d) Non-Covered Reproductive Health Care Defined.--In this
section, the term `non-covered reproductive health care' means
reproductive health care not authorized to be performed at a medical
treatment facility or other facility of the Department of Defense
consistent with Federal law, including--
``(1) an abortion; or
``(2) assisted reproductive technology, including--
``(A) ovarian stimulation and egg retrieval,
including any needed medications and procedures
required for retrieval, processing, and utilization of
an egg for assisted reproductive technology or
cryopreservation;
``(B) sperm collection and processing for assisted
reproductive technology or cryopreservation;
``(C) intrauterine insemination; and
``(D) in vitro fertilization, including--
``(i) in vitro fertilization with fresh
embryo transfer;
``(ii) gamete intrafallopian transfer;
``(iii) zygote intrafollopian transfer;
``(iv) pronuclear stage tubal transfer;
``(v) tubal embryo transfer; and
``(vi) frozen embryo transfer.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 40 of such title is amended by inserting
after the item relating to section 708 the following new item:
``708a. Reproductive health administrative absence.''.
(b) Authorization of Travel and Transportation Allowances.--Section
452(b) of title 37, United States Code, is amended by adding at the end
the following new paragraph:
``(24) Travel by a member or a dependent to receive non-
covered reproductive health care (as defined in section 708a(d)
of title 10), including an abortion and assisted reproductive
technology.''.
(c) Rule of Construction.--Nothing in this section or an amendment
made by this section may be construed to restrict or deprive a member
of the Armed Forces from accessing or being granted convalescent leave
consistent with section 701 of title 10, United States Code.
<all>
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118S1611 | Community Connect Grant Program Act of 2023 | [
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1611 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1611
To amend the Rural Electrification Act of 1936 to reauthorize the
Community Connect Grant Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Ms. Smith introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Rural Electrification Act of 1936 to reauthorize the
Community Connect 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 ``Community Connect Grant Program Act
of 2023''.
SEC. 2. COMMUNITY CONNECT GRANT PROGRAM.
Section 604 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-3) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``less than the''
and all that follows through the period at the end and
inserting the following: ``less than--
``(A) a 100-Mbps downstream transmission capacity;
and
``(B) a 20-Mbps upstream transmission capacity.'';
and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``an area'' and inserting ``a
rural area'';
(ii) in subparagraph (A), by striking ``10-
Mbps'' and inserting ``25-Mbps''; and
(iii) in subparagraph (B), by striking ``1-
Mbps'' and inserting ``3-Mbps'';
(2) in subsection (d)(2)(A), by striking ``area; or'' and
inserting ``area (including any eligible broadband service that
will be provided in the future in the eligible service area
pursuant to enforceable commitments for network deployment
applicable under another broadband funding program); or''; and
(3) in subsection (g), by striking ``2023'' and inserting
``2028''.
<all>
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118S1612 | Reimburse Veterans for Domiciliary Care Act | [
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1612 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1612
To require the Secretary of Veterans Affairs to publish a rule to
implement the requirement that the Secretary be permitted to waive the
limitation in law on reimbursement of veterans receiving domiciliary
care in State homes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. King (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to publish a rule to
implement the requirement that the Secretary be permitted to waive the
limitation in law on reimbursement of veterans receiving domiciliary
care in State homes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reimburse Veterans for Domiciliary
Care Act''.
SEC. 2. PUBLICATION OF RULE FOR WAIVER ON LIMITATION OF PAYMENTS TO
STATE HOMES FOR DOMICILIARY CARE PROVIDED TO VETERANS.
(a) Proposed Rule.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe and publish in the Federal Register a proposed rule
implementing the requirement under section 3007(a) of the Johnny
Isakson and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315; 38 U.S.C. 1741 note).
(b) Final Rule.--Not later than 180 days after the publication of
the initial rule required under subsection (a), or the date that is 260
days after the date of the enactment of this Act, whichever occurs
first, the Secretary shall prescribe and publish in the Federal
Register a final rule implementing the requirement specified in such
subsection.
(c) Retroactive Payments.--In prescribing the proposed rule under
subsection (a) and the final rule under subsection (b), the Secretary
shall ensure that the authority of the Secretary to provide payments to
State homes (as defined in section 101(19) of title 38, United States
Code) pursuant to any such rule is retroactive to January 5, 2021.
<all>
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118S1613 | Feral Swine Eradication Act | [
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"sponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
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"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1613 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1613
To amend the Agriculture Improvement Act of 2018 to reauthorize the
feral swine eradication and control pilot program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Cornyn (for himself, Mr. Lujan, Mr. Tuberville, and Mr. Warnock)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agriculture Improvement Act of 2018 to reauthorize the
feral swine eradication and control pilot 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 ``Feral Swine Eradication Act''.
SEC. 2. FERAL SWINE ERADICATION AND CONTROL PROGRAM.
(a) In General.--Section 2408 of the Agriculture Improvement Act of
2018 (7 U.S.C. 8351 note; Public Law 115-334) is amended--
(1) in the section heading, by striking ``pilot'';
(2) in subsection (a), by striking ``pilot program'' and
inserting ``program (referred to in this section as the
`program')'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``pilot'';
(B) in each of paragraphs (1) and (2), by striking
``the pilot areas'' and inserting ``eligible areas'';
(C) in paragraph (4), by striking ``pilot'' and
inserting ``eligible'';
(D) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(E) by inserting after paragraph (2) the following:
``(3) after the Secretary determines that feral swine have
been eradicated from an eligible area, ensure that the Animal
and Plant Health Inspection Service and the Natural Resources
Conservation Service continue monitoring that area for the
reoccurrence of feral swine for a period of 1 year;'';
(4) in each of subsections (c), (e), (f), and (g), by
striking ``pilot program'' each place it appears and inserting
``program'';
(5) in subsection (c)(1), by striking ``the pilot areas''
and inserting ``eligible areas'';
(6) in subsection (e), in the subsection heading, by
striking ``Pilot'' and inserting ``Eligible'';
(7) in subsection (g)(1), by striking ``2019 through 2023''
and inserting ``2024 through 2028''; and
(8) by adding at the end the following:
``(h) Reports.--Not later than 2 years, and not later than 4 years
and 6 months, after the date of enactment of this subsection, the
Administrator of the Animal and Plant Health Inspection Service and the
Chief of the Natural Resources Conservation Service, acting jointly,
shall submit to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House of
Representatives and make publicly available on the website of the
Department of Agriculture a report that--
``(1) describes, for the period beginning on the date of
the establishment of the program and ending on the date of the
submission of the report--
``(A) activities carried out under the program,
including--
``(i) the number of counties in which feral
swine are no longer present; and
``(ii) estimated reductions in agriculture
and natural resource damage, and improvements
to human and livestock health and safety, as a
result of feral swine removal;
``(B) the use of funding made available under this
section, including the number of counties in each State
provided funding; and
``(C) the roles of the Animal and Plant Health
Inspection Service and the Natural Resources
Conservation Service and agricultural producers
provided financial assistance under this section in
carrying out activities under the program; and
``(2) includes--
``(A) a determination by the Administrator of the
Animal and Plant Health Inspection Service and the
Chief of the Natural Resources Conservation Service as
to the extent to which the program has been successful;
and
``(B) any recommendations for improvements to the
program.''.
(b) Conforming Amendment.--The table of contents for the
Agriculture Improvement Act of 2018 (Public Law 115-334; 132 Stat.
4491) is amended by striking the item relating to section 2408 and
inserting the following:
``Sec. 2408. Feral swine eradication and control program.''.
<all>
</pre></body></html>
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118S1614 | Lacey Act Amendments of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1614
To amend title 18, United States Code, to enhance protections against
the importation, and transport between States, of injurious species,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to enhance protections against
the importation, and transport between States, of injurious species,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lacey Act Amendments of 2023''.
SEC. 2. AMENDMENTS.
(a) In General.--Section 42 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``shipment
between the continental United States'' and inserting
``transport between the States''; and
(B) by inserting after the first sentence the
following: ``Notwithstanding any other provision of
law, the Secretary of the Interior may prescribe by
regulation an emergency designation prohibiting the
importation of any species of wild mammals, wild birds,
fish (including mollusks and crustacea), amphibians, or
reptiles, or the offspring or eggs of any such species,
as injurious to human beings, to the interests of
agriculture, horticulture, or forestry, or to wildlife
or the wildlife resources of the United States, for not
more than 3 years, under this subsection, if the
Secretary of the Interior determines that such
regulation is necessary to address an imminent threat
to human beings, to the interests of agriculture,
horticulture, or forestry, or to wildlife or the
wildlife resources of the United States. An emergency
designation prescribed under this subsection shall take
effect immediately upon publication in the Federal
Register, unless the Secretary of the Interior
prescribes an effective date that is not later than 60
days after the date of publication. During the period
during which an emergency designation prescribed under
this subsection for a species is in effect, the
Secretary of the Interior shall evaluate whether the
species should be designated as an injurious wildlife
species under the first sentence of this paragraph.'';
and
(2) by adding at the end the following:
``(d) Presumptive Prohibition on Importation.--
``(1) In general.--Importation into the United States of
any species of wild mammals, wild birds, fish (including
mollusks and crustacea), amphibians, or reptiles, or the
offspring or eggs of any such species, that is not native to
the United States and, as of the date of enactment of the Lacey
Act Amendments of 2023, is not prohibited under subsection
(a)(1), is prohibited, unless--
``(A) during the 1-year period preceding the date
of enactment of the Lacey Act Amendments of 2023, the
species was, in more than minimal quantities--
``(i) imported into the United States; or
``(ii) transported between the States, any
territory of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or
any possession of the United States; or
``(B) the Secretary of the Interior determines,
after an opportunity for public comment, that the
species does not pose a significant risk of
invasiveness to the United States and publishes a
notice in the Federal Register of the determination.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the authority of the Secretary of the
Interior under subsection (a)(1).''.
(b) Conforming Amendments.--Section 42(a) of title 18, United
States Code, is amended--
(1) in paragraph (2), by inserting ``and subsection (d)''
after ``this subsection'';
(2) in paragraph (3)--
(A) by striking ``the foregoing'' and inserting
``paragraph (1) or subsection (d)''; and
(B) by striking ``this Act'' each place the term
appears and inserting ``this section'';
(3) in paragraph (4), by inserting ``or subsection (d)''
after ``this subsection''; and
(4) in paragraph (5)--
(A) by inserting ``and subsection (d)'' after
``this subsection''; and
(B) by striking ``hereunder'' and inserting ``under
such provisions''.
(c) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations to define the term ``minimal
quantities'' for purposes of subsection (d)(1)(A) of section 42
of title 18, United States Code, as added by subsection (a)(2).
(2) Effective date.--Subsection (d) of section 42 of title
18, United States Code, as added by subsection (a)(2), shall
take effect on the date that is 1 year after the date of
enactment of this Act.
<all>
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118S1615 | Regulatory Accountability Act | [
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
],
[
"J000293",
"Sen. Johnson, Ron [R-WI]",
"cosponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1615 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1615
To improve agency rulemaking, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Lankford (for himself, Mr. Thune, Mr. Johnson, and Mr. Marshall)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve agency rulemaking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Accountability Act''.
SEC. 2. DEFINITIONS.
Section 551 of title 5, United States Code, is amended--
(1) in paragraph (5), by striking ``rule making'' and
inserting ``rulemaking'';
(2) in paragraph (6), by striking ``rule making'' and
inserting ``rulemaking'';
(3) in paragraph (13), by striking ``and'' at the end;
(4) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(15) `guidance' means an agency statement of general
applicability that--
``(A) is not intended to have the force and effect
of law; and
``(B) sets forth a policy on a statutory,
regulatory, or technical issue or an interpretation of
a statutory or regulatory issue;
``(16) `major guidance' means guidance that the
Administrator finds is--
``(A) likely to lead to--
``(i) an annual effect on the economy of
$100,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, local, or Tribal government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, public health and
safety, or the ability of United States-based
enterprises to compete with foreign-based
enterprises in domestic and export markets; or
``(B) a departure from a prior statutory
interpretation or agency policy;
``(17) `major rule' means any rule that the Administrator
determines is likely to--
``(A) cause an annual effect on the economy of
$100,000,000 or more;
``(B) cause a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or Tribal government agencies, or geographic
regions;
``(C) cause significant adverse effects on
competition, employment, investment, productivity,
innovation, public health and safety, or the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and export
markets; or
``(D) raise novel legal or policy issues arising
out of legal mandates;
``(18) `Office of Information and Regulatory Affairs' means
the office established under section 3503 of title 44 and any
successor to that office; and
``(19) `Administrator' means the Administrator of the
Office of Information and Regulatory Affairs.''.
SEC. 3. RULEMAKING.
Section 553 of title 5, United States Code, is amended--
(1) in the section heading, by striking ``Rule making'' and
inserting ``Rulemaking'';
(2) in subsection (a), by striking ``(a) This section
applies'' and inserting the following:
``(a) Applicability.--This section applies''; and
(3) by striking subsections (b) through (e) and inserting
the following:
``(b) Rulemaking Considerations.--In a rulemaking, an agency shall
consider, in addition to other applicable considerations, the
following:
``(1) The legal authority under which a rule may be
proposed, including whether rulemaking is required by statute
or is within the discretion of the agency.
``(2) The nature and significance of the problem the agency
intends to address with a rule.
``(3) Whether existing Federal laws or rules have created
or contributed to the problem the agency may address with a
rule and, if so, whether those Federal laws or rules could be
amended or rescinded to address the problem in whole or in
part.
``(4) A reasonable number of alternatives for or to a new
rule, with the consideration of 3 alternatives presumed to be
reasonable, that--
``(A) meet the objectives of the statutory
provision on which the rulemaking relies, including
substantial alternatives or other responses identified
by the agency or by interested persons; and
``(B) consider not only mandating particular
conduct or manners of compliance, but also--
``(i) specifying performance objectives;
``(ii) establishing economic incentives,
including marketable permits, to encourage
desired behavior;
``(iii) establishing disclosure
requirements that will provide information upon
which choices can be made by the public; or
``(iv) adopting other means of meeting the
objectives of the statutory provision on which
the rulemaking relies without mandating
particular conduct or manners of compliance.
``(5) For any major rule, unless prohibited by law, the
potential costs and benefits associated with potential
alternative rules and other responses considered under
paragraph (4), including quantitative and qualitative analyses
of--
``(A) the direct costs and benefits, with costs and
benefits measured over equal time periods;
``(B) the nature and degree of risks addressed by
the rule and the countervailing risks that might be
posed by agency action; and
``(C) to the extent practicable, the cumulative
costs and benefits, and an analysis of the effects that
the rule is anticipated to have on entities that
purchase products or services from, sell products or
services to, or otherwise conduct business with
entities to which the rule will apply.
``(c) Notice of Proposed Rulemaking.--
``(1) In general.--If an agency determines that the
objectives of the agency require the agency to issue a rule,
the agency shall--
``(A) submit a notice of proposed rulemaking to the
Administrator for review;
``(B) refrain from publishing the notice until the
Administrator concludes the review under subparagraph
(A); and
``(C) at the conclusion of review by the
Administrator, publish a notice of proposed rulemaking
in the Federal Register, which shall include--
``(i) a statement of the time, place, and
nature of any public rulemaking proceedings;
``(ii) a reference to the legal authority
under which the rule is proposed, including the
specific statutory provision on which the
rulemaking relies;
``(iii) the text of the proposed rule;
``(iv) a summary of information known to
the agency concerning the considerations
described in subsection (b); and
``(v) where otherwise consistent with
applicable law, for any major rule--
``(I) a reasoned preliminary
explanation regarding how--
``(aa) the proposed rule
meets the objectives of the
statutory provision on which
the rulemaking relies; and
``(bb) the benefits of the
proposed rule justify the
costs;
``(II) a discussion of--
``(aa) the costs and
benefits of alternatives
considered by the agency under
subsection (b)(4);
``(bb) whether the
alternatives considered by the
agency under subsection (b)(4)
meet the objectives of the
statutory provision on which
the rulemaking relies; and
``(cc) the reasons why the
agency did not propose an
alternative considered by the
agency under subsection (b)(4);
and
``(III) a solicitation of public
comment, including on all issues and
alternatives discussed under subclauses
(I) and (II) and subsection (k)(1)(A).
``(2) Accessibility.--
``(A) In general.--Not later than the date on which
an agency publishes a notice of proposed rulemaking
under paragraph (1), all studies, models, scientific
literature, and other information developed or relied
upon by the agency, and actions taken by the agency to
obtain that information, in connection with the
determination of the agency to propose the rule that is
the subject of the rulemaking shall be placed in the
docket for the proposed rule and made accessible to the
public.
``(B) Information controlled by nongovernmental
person.--With respect to any information to which a
nongovernmental person holds a legal right to prohibit
or limit reproduction, distribution, or public display,
the information shall be--
``(i) placed in the docket through citation
or incorporation by reference, including a
specification of the identity of the
nongovernmental person who holds a legal right
to prohibit or limit reproduction,
distribution, or public display of the
information and the means by which a member of
the public may request a full copy of the
information from that holder; and
``(ii) considered made accessible to the
public after a placement described in clause
(i), provided that the nongovernmental person
who holds a legal right to prohibit or limit
reproduction, distribution, or public display
of the information makes the information
reasonably available upon request in a timely
manner to any member of the public who requests
a copy of the information.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply with respect to information that is exempt
from disclosure under section 552(b).
``(3) Information quality.--If an agency proposes a rule
that rests upon scientific, technical, or economic information,
the agency shall--
``(A) propose the rule on the basis of the best
publicly available scientific, technical, or economic
information; and
``(B) to the maximum extent practicable, use that
information in compliance with the guidelines issued
under section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-
554; 114 Stat. 2763A-154).
``(4) Public comment.--
``(A) In general.--After publishing a notice of
proposed rulemaking under paragraph (1), an agency
shall provide interested persons an opportunity to
participate in the rulemaking through the submission of
written material, data, views, or arguments with or
without opportunity for oral presentation, except that
when a rule is required by statute to be made on the
record after opportunity for an agency hearing,
sections 556 and 557 shall apply.
``(B) Timeline.--
``(i) In general.--Subject to subparagraph
(C), an agency shall provide not less than 60
days, or, with respect to a proposed major
rule, not less than 90 days, for interested
persons to submit written material, data,
views, or arguments under subparagraph (A).
``(ii) Adequate review period.--If a
proposed rule relies on information placed in
the docket through citation or incorporation by
reference as described in paragraph (3)(B), the
comment period required under clause (i) shall
be adequate to allow interested persons to
receive and review that information to inform
their submission.
``(C) Responsive comment period for major rules.--
With respect to a proposed major rule, an interested
person who made a submission under subparagraph (A)
during the comment period under subparagraph (B) with
respect to the rule may, during the period beginning on
the day after the date on which that comment period
closes and ending on the date that is 30 days after
that day, respond to any other submission made by any
other interested person under subparagraph (A) during
the initial comment period.
``(D) Accessibility.--All comments and responses
submitted under this paragraph shall be promptly placed
in the docket and made accessible to the public.
``(5) Change of classification after publication of
notice.--If, after an agency submits for review and publishes
the notice of proposed rulemaking required under paragraph (1),
a proposed rule is determined to be a major rule, the agency
shall--
``(A) publish a notice in the Federal Register with
respect to the change of the classification of the
rule; and
``(B) allow interested persons an additional
opportunity of not less than 30 days to comment on--
``(i) the rule; and
``(ii) the change of the classification of
the rule.
``(6) Prohibition on certain communications.--
``(A) In general.--Except as provided in
subparagraph (B), after an agency publishes a notice of
proposed rulemaking required under paragraph (1), or
after an agency publishes a notice of initiation of
rulemaking under subsection (d)(1)(B), the agency, and
any individual acting in an official capacity on behalf
of the agency, may not communicate, and a person who
receives Federal funds from the agency may not use
those funds to communicate, through written, oral,
electronic, or other means, to the public with respect
to the proposed rule in a manner that--
``(i) directly advocates, in support of or
against the proposed rule, for the submission
of information that will form part of the
record for the proposed rule;
``(ii) appeals to the public, or solicits a
third party, to undertake advocacy in support
of or against the proposed rule; or
``(iii) is directly or indirectly for the
purpose of publicity or propaganda within the
United States in a manner that Congress has not
authorized.
``(B) Exception.--The prohibition under
subparagraph (A) shall not apply to a communication
that requests comments on, or provides information
regarding, a proposed rule in an impartial manner.
``(d) Advanced Notice of Proposed Rulemaking for Major Rules.--
``(1) Notice for major rules.--When an agency determines to
initiate a rulemaking that may result in a major rule, the
agency shall--
``(A) establish an electronic docket for that
rulemaking, which may have a physical counterpart; and
``(B) publish an advanced notice of proposed
rulemaking in the Federal Register, which shall, at a
minimum--
``(i) briefly describe the nature and
significance of the problem the agency may
address with the rule, including any data or
categories of data that the agency has
identified as relevant or that the agency
intends to consult for the rule;
``(ii) refer to the legal authority under
which the rule would be proposed, including the
specific statutory provision that authorizes
the rulemaking;
``(iii) invite interested persons to
propose alternatives and other ideas regarding
how best to accomplish the objectives of the
agency in the most effective manner;
``(iv) solicit written data, views, and
arguments from interested persons concerning
the information and issues identified in the
advanced notice;
``(v) provide for a period of not less than
30 days for interested persons to submit
written data, views, and arguments described in
clause (iv) to the agency; and
``(vi) appear in the Federal Register not
later than 90 days before the date on which the
agency publishes a notice of proposed
rulemaking for the rule.
``(2) Accessibility.--All information provided to the
agency under paragraph (1) shall be promptly placed in the
docket and made accessible to the public, unless the
information--
``(A) is information to which the submitter does
not hold a legal right to authorize disclosure; or
``(B) is exempt from disclosure under section
552(b).
``(3) Applicability.--With respect to the alternatives and
other ideas proposed under paragraph (1)(B)(iii)--
``(A) the alternatives and other ideas are for the
benefit of--
``(i) the agency receiving the alternatives
and other ideas; and
``(ii) the public; and
``(B) the agency receiving the alternatives and
other ideas may respond to the alternatives and other
ideas.
``(4) Timetable.--
``(A) In general.--After considering any written
material submitted by interested persons under
paragraph (1), if an agency determines to proceed with
a rulemaking for a major rule, the agency proposing the
rule shall establish a timetable for the rulemaking
that--
``(i) contains intermediate completion
dates for actions of the agency, including--
``(I) the anticipated date on which
the agency shall publish the notice
required under subsection (c)(1) with
respect to the rule; and
``(II) the duration of the comment
period required under subsection
(c)(4), including the date on which the
comment period shall end; and
``(ii) includes a final completion date for
actions by the agency.
``(B) Publication.--The timetable required under
subparagraph (A) shall be published in the electronic
docket established under paragraph (1)(A) with respect
to the rulemaking.
``(C) Consideration of factors.--In establishing
the timetable required under subparagraph (A), an
agency shall consider relevant factors, including--
``(i) the size and complexity of the
rulemaking;
``(ii) the resources available to the
agency;
``(iii) the national significance of the
rulemaking; and
``(iv) all statutory requirements that
govern the timing of the rulemaking.
``(D) Report required.--
``(i) In general.--An agency that fails to
meet an intermediate or final completion date
for an action established under subparagraph
(A) shall submit to Congress and the Director
of the Office of Management and Budget a report
regarding why the agency failed to meet the
completion date.
``(ii) Contents; publication in federal
register.--A report submitted under clause (i)
shall--
``(I) include an amended timetable
for the rulemaking; and
``(II) be published--
``(aa) in the Federal
Register; and
``(bb) in the electronic
docket established under
paragraph (1)(A) with respect
to the rulemaking.
``(E) Changes to intermediate dates published in
electronic docket.--If an agency changes an
intermediate completion date for an action of the
agency established under subparagraph (A)(i), the
agency shall publish in the electronic docket
established under paragraph (1)(A)--
``(i) the updated completion date for the
action; and
``(ii) a brief explanation regarding the
reason for the change to the completion date.
``(5) Notice of determination of other agency course.--
``(A) In general.--If, after publishing the notice
required under paragraph (1), an agency determines not
to issue a major rule, the agency shall--
``(i) publish a notice of determination of
other agency course; and
``(ii) if the agency intends to issue a
rule, comply with the procedures required under
subsection (c).
``(B) Contents.--A notice of determination of other
agency course published under subparagraph (A)(i) shall
include--
``(i) a description of the alternative
response the agency has determined to adopt;
and
``(ii) if the agency intends to issue a
rule, any information required under subsection
(c).
``(e) Final Rules.--
``(1) Net benefits of major rule.--
``(A) In general.--Except as provided in
subparagraph (B), in a rulemaking for a major rule, an
agency shall adopt the alternative considered under
subsection (b)(5) that best minimizes costs while
maximizing net benefits, taking into consideration only
the costs and benefits that arise within the scope of
the statutory provision that authorizes the rulemaking.
``(B) Exceptions.--In a rulemaking for a major
rule, an agency may adopt an alternative other than as
required under subparagraph (A) only if--
``(i) the Administrator approves the
adoption by the agency of the alternative; and
``(ii) the alternative is adopted to--
``(I) account for costs or benefits
that cannot be quantified, including
costs or benefits related to
constitutional or civil rights,
provided that the agency identifies all
such costs and benefits and explains
why those costs and benefits justify
the adoption of the alternative; or
``(II) achieve additional benefits
or cost reductions, provided that the
agency--
``(aa) identifies--
``(AA) all such
additional benefits and
the associated costs of
those benefits; and
``(BB) all such
cost reductions and the
associated benefits of
those cost reductions;
and
``(bb) explains why--
``(AA) the
additional benefits
justify the additional
costs; or
``(BB) the
additional cost
reductions justify any
benefits foregone.
``(C) Rule of construction.--Nothing in
subparagraph (A) may be construed to preclude an agency
from including in an alternative adopted pursuant to
such subparagraph changes made as a result of agency
analysis or review performed under chapter 6 of this
title.
``(2) Publication of notice of final rulemaking.--After
submitting a final rule to the Administrator for review and
obtaining a certification from the Administrator that the
review has concluded, the agency shall publish a notice of
final rulemaking in the Federal Register, which shall include--
``(A) a concise, general statement of the basis and
purpose of the rule and a reference to the legal
authority under which the rule is made, including the
specific statutory provision on which the rulemaking
relies;
``(B) a reasoned determination by the agency
regarding the considerations described in subsection
(b);
``(C) a response to each significant issue raised
in the comments on the proposed rule;
``(D) the internet address of a summary of not more
than 100 words in length of the proposed rule, in plain
language, that shall be posted on the internet website
under section 206(d) of the E-Government Act of 2002
(44 U.S.C. 3501 note) (commonly known as
regulations.gov); and
``(E) with respect to a major rule, a reasoned
determination by the agency that--
``(i) the benefits of the rule advance the
relevant objectives of the statutory provision
on which the rulemaking relies and justify the
costs of the rule; and
``(ii)(I) no other alternative considered
would achieve the relevant objectives of the
statutory provision on which the rulemaking
relies in a manner that more greatly maximizes
net benefits as required under paragraph
(1)(A); or
``(II) the adoption by the agency of a more
costly or less costly rule complies with
paragraph (1)(B).
``(3) Information quality.--If an agency rulemaking rests
upon scientific, technical, or economic information, the agency
shall--
``(A) adopt a final rule on the basis of the best
reasonably available scientific, technical, or economic
information; and
``(B) to the maximum extent practicable, use that
information in compliance with the guidelines issued
under section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-
554; 114 Stat. 2763A-154).
``(4) Accessibility.--
``(A) In general.--Not later than the date on which
an agency publishes a notice of final rulemaking under
paragraph (2), all studies, models, scientific
literature, and other information developed or relied
upon by the agency, and actions taken by the agency to
obtain that information, in connection with the
determination of the agency to finalize the rule that
is the subject of the rulemaking shall be placed in the
docket for the rule and made accessible to the public.
``(B) Information controlled by nongovernmental
person.--With respect to any information to which a
nongovernmental person holds a legal right to prohibit
or limit reproduction, distribution, or public display,
the information shall be--
``(i) placed in the docket through citation
or incorporation by reference, including a
specification of the identity of the
nongovernmental person who holds a legal right
to prohibit or limit reproduction,
distribution, or public display of the
information and the means by which a member of
the public may request a full copy of the
information from that holder; and
``(ii) considered made accessible to the
public after a placement described in clause
(i), provided that the nongovernmental person
who holds a legal right to prohibit or limit
reproduction, distribution, or public display
of the information makes the information
reasonably available upon request in a timely
manner.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply with respect to information that is exempt
from disclosure under section 552(b).
``(5) Rules adopted at the end of a presidential
administration.--
``(A) In general.--During the 60-day period
beginning on a transitional inauguration day (as
defined in section 3349a), with respect to any final
rule that had been placed on file for public inspection
by the Office of the Federal Register or published in
the Federal Register as of the date of the
inauguration, but which had not become effective by the
date of the transitional inauguration day, the agency
issuing the rule may, by order, delay the effective
date of the rule for not more than 90 days for the
purpose of obtaining public comment on whether--
``(i) the rule should be amended or
rescinded; or
``(ii) the effective date of the rule
should be further delayed.
``(B) Opportunity for comment.--If an agency delays
the effective date of a rule under subparagraph (A),
the agency shall give the public not less than 30 days
to submit comments.
``(f) Applicability.--
``(1) Primacy of certain rulemaking considerations and
procedures in other federal laws.--
``(A) Considerations.--If a rulemaking is
authorized under a Federal law that requires an agency
to consider, or prohibits an agency from considering, a
factor in a manner that is inconsistent with, or that
conflicts with, the requirements under this section,
for the purposes of this section, the requirement or
prohibition, as applicable, in that other Federal law
shall apply to the agency in the rulemaking.
``(B) Procedural requirements.--If a rulemaking is
authorized under a Federal law that requires an agency
to follow or use, or prohibits an agency from following
or using, a procedure in a manner that is duplicative
of, or that conflicts with, a procedural requirement
under this section, for the purposes of this section,
the requirement or prohibition, as applicable, in that
other Federal law shall apply to the agency in the
rulemaking.
``(2) Guidance and rules of organization.--Except as
otherwise provided by law, this section shall not apply to
guidance or rules of agency organization, procedure, or
practice.
``(3) Exceptions for good cause.--
``(A) Finding of good cause.--
``(i) In general.--If an agency for good
cause finds that compliance with subsection
(c), (d), or (e)(2)(B) before issuing a final
rule is unnecessary, impracticable, or contrary
to the public interest, that subsection shall
not apply and the agency may issue the final
rule or an interim final rule, as applicable,
under subparagraph (B) or (C).
``(ii) Incorporation of good cause
finding.--If an agency makes a finding under
clause (i), the agency shall include that
finding and a detailed statement with respect
to the reasons for that finding in the final
rule or interim final rule, as applicable,
issued by the agency.
``(B) Direct final rules.--
``(i) In general.--Except as provided in
clause (ii), if an agency makes a finding under
subparagraph (A)(i) that compliance with
subsection (c), (d), or (e)(2)(B) before
issuing a final rule is unnecessary, the agency
shall, before issuing the final rule--
``(I) publish in the Federal
Register the text of the final rule,
the brief statement required under
subparagraph (A)(ii), and a notice of
opportunity for public comment;
``(II) establish a comment period
of not less than 30 days for any
interested person to submit written
material, data, views, or arguments
with respect to the final rule; and
``(III) provide notice of the date
on which the rule will take effect.
``(ii) Exception.--An agency that made a
finding described in clause (i) may choose not
to follow the requirements under that clause if
the agency determines that following the
requirements would not expedite the issuance of
the final rule.
``(iii) Adverse comments.--If an agency
receives significant adverse comments with
respect to a rule during the comment period
established under clause (i)(II), the agency
shall--
``(I) withdraw the notice of final
rulemaking published by the agency with
respect to the rule; and
``(II) complete rulemaking in
accordance with subsections (c) through
(e), as applicable.
``(C) Interim final rules.--
``(i) In general.--If an agency for good
cause finds that compliance with subsection
(c), (d), or (e)(2)(B) before issuing a final
rule is impracticable or contrary to the public
interest, the agency shall issue an interim
final rule by--
``(I) publishing the interim final
rule and a request for public comment
in the portion of the Federal Register
relating to final rules; and
``(II) providing a cross-reference
in the portion of the Federal Register
relating to proposed rules that
requests public comment with respect to
the rule not later than 60 days after
the rule is published under subclause
(I).
``(ii) Interim period.--
``(I) In general.--Not later than
180 days after the date on which an
agency issues an interim final rule
under clause (i), the agency shall--
``(aa) rescind the interim
rule;
``(bb) initiate rulemaking
in accordance with subsections
(c) through (e); or
``(cc) take final action to
adopt a final rule.
``(II) No force or effect.--If, as
of the end of the 180-day period
described in subclause (I), an agency
fails to take an action described in
item (aa), (bb), or (cc) of that
subclause, the interim final rule
issued by the agency shall have no
force or effect.
``(4) Exemption for monetary policy.--This section shall
not apply to a rulemaking or to guidance that concerns monetary
policy proposed or implemented by the Board of Governors of the
Federal Reserve System or the Federal Open Market Committee.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to modify, alter, or abridge exclusive
rights held pursuant to title 17.
``(g) Date of Publication.--A final rule, a direct final rule
described in subsection (f)(3)(B), or an interim final rule described
in subsection (f)(3)(C) shall be published not later than 30 days (or,
in the case of a major rule, not later than 60 days) before the
effective date of the rule, except--
``(1) for guidance; or
``(2) as otherwise provided by an agency for good cause and
as published with the rule.
``(h) Right to Petition and Review of Rules.--Each agency shall--
``(1) give interested persons the right to petition for the
issuance, amendment, or repeal of a rule; and
``(2) on a continuing basis, invite interested persons to
submit, by electronic means, suggestions for rules that warrant
retrospective review and possible modification or repeal.
``(i) Rulemaking Guidelines.--
``(1) Assessment of rules.--
``(A) In general.--The Administrator shall
establish guidelines regarding rulemaking as follows:
``(i) Identification of need for rules.--
Guidelines setting forth how needs for
rulemaking should be identified, including--
``(I) whether rulemaking is made
necessary by compelling public need,
such as material failures of private
markets or public institutions to
protect or improve the health and
safety of the public, the environment,
or the well-being of the public; and
``(II) whether rulemaking needs
could be lessened by reliance on
potential State, local, Tribal, or
regional regulatory action or other
responses that could be taken in lieu
of agency action.
``(ii) Assessment of rules.--Guidelines
setting forth how the assessment, including the
quantitative and qualitative assessment, of
proposed and final rules should occur,
including how to determine--
``(I) the costs and benefits of
proposed and final rules and
alternatives to them, including
quantifiable and non-quantifiable costs
and benefits;
``(II) whether proposed and final
rules maximize net benefits;
``(III) estimated impacts on jobs,
wages, competition, innovation, and
low-income populations;
``(IV) other economic issues that
are relevant to rulemaking under this
section or other sections of this part;
and
``(V) risk assessments that are
relevant to rulemaking under this
section and other sections of this
part.
``(iii) Numbers of alternatives.--
Guidelines regarding when it may be reasonable
to consider in a rulemaking more alternatives
than the number presumed to be reasonable under
subsection (b)(4).
``(iv) Adoption of alternatives for major
rules.--Guidelines regarding when it may be
appropriate, in a rulemaking for a major rule,
to adopt an alternative final rule under
subsection (e)(1)(B).
``(v) Administrator review.--Guidelines
regarding the efficient submission and review
of proposed and final rules under subsections
(c)(1) and (e)(2).
``(B) Agency analysis of rules.--
``(i) In general.--The rigor of the cost-
benefit analysis required or recommended by the
guidelines established under subparagraph (A)
shall be commensurate, as determined by the
Administrator, with the economic impact of a
rule.
``(ii) Risk assessment guidelines.--
Guidelines for a risk assessment described in
subparagraph (A)(iv) shall include criteria
for--
``(I) selecting studies and models;
``(II) evaluating and weighing
evidence; and
``(III) conducting peer reviews.
``(C) Updating guidelines.--Not less frequently
than once every 10 years, the Administrator shall
update the guidelines established under subparagraph
(A) to enable each agency to use the best available
techniques to identify, quantify, and evaluate the need
for rulemaking and present and future benefits, costs,
other economic issues, and risks as objectively and
accurately as practicable.
``(2) Simplification of rules.--
``(A) Issuance of guidelines.--The Administrator
shall issue guidelines to promote coordination,
simplification, and harmonization of agency rules
during the rulemaking process.
``(B) Requirements.--The guidelines issued by the
Administrator under subparagraph (A) shall advise each
agency to--
``(i) avoid rules that are inconsistent or
incompatible with, or duplicative of, other
regulations of the agency and those of other
agencies; and
``(ii) draft the rules of the agency to be
simple and easy to understand, with the goal of
minimizing the potential for uncertainty and
litigation arising from the uncertainty.
``(3) Consistency in rulemaking.--
``(A) In general.--To promote consistency in
rulemaking, the Administrator shall issue guidelines to
ensure that rulemaking conducted in whole or in part
under procedures specified in provisions of law other
than those under this section conform with the
procedures set forth in this section to the fullest
extent allowed by law.
``(B) Agency adoption of regulations.--Each agency
shall adopt regulations for the conduct of hearings
consistent with the guidelines issued under this
paragraph.
``(j) Agency Guidance; Procedures To Issue Major Guidance;
Authority To Issue Guidelines for Issuance of Guidance.--
``(1) In general.--Agency guidance shall--
``(A) not be used by an agency to foreclose
consideration of issues as to which the guidance
expresses a conclusion;
``(B) state that the guidance is not legally
binding by including the phrase `The contents of this
document to not have the force and effect of law and do
not, of themselves, bind the public or the agency. This
document is intended only to provide clarity to the
public regarding existing requirements under the law or
agency policies.' on the first page of the document;
and
``(C) be published in a single location on an
internet website designated by the Director at the time
the guidance is issued.
``(2) Procedures to issue major guidance.--Before issuing
any major guidance, an agency shall make and document a
reasoned determination that--
``(A) such guidance is understandable and complies
with relevant statutory objectives and regulatory
provisions; and
``(B) identifies the costs and benefits, including
all costs and benefits to be considered during a
rulemaking as required under subsection (b), of
requiring conduct conforming to such guidance and
assures that such benefits justify such costs.
``(3) Issuance of updated guidance.--
``(A) In general.--The Administrator shall issue
updated guidelines for use by agencies in the issuance
of guidance documents.
``(B) Requirements.--The guidelines issued by the
Administrator under subparagraph (A) shall advise each
agency--
``(i) not to issue guidance documents that
are inconsistent or incompatible with, or
duplicative of, other rules of the agency and
those of other agencies;
``(ii) to draft the guidance documents of
the agency to be simple and easy to understand,
with the goal of minimizing the potential for
uncertainty and litigation arising from the
uncertainty; and
``(iii) how to develop and implement a
strategy to ensure the proper use of guidance
by the agency.
``(k) Major Rule Frameworks.--
``(1) In general.--Beginning on the date that is 180 days
after the date of enactment of this subsection, when an agency
publishes in the Federal Register--
``(A) a proposed major rule, the agency shall
include a potential framework for assessing the rule,
which shall include a general statement of how the
agency intends to measure the effectiveness of the
rule; or
``(B) a final major rule, the agency shall include
a framework for assessing the rule under paragraph (2),
which shall include--
``(i) a clear statement of the regulatory
objectives of the rule, including a summary of
the benefit and cost of the rule;
``(ii) the methodology by which the agency
plans to analyze the rule, including metrics by
which the agency can measure--
``(I) the effectiveness and
benefits of the rule in producing the
regulatory objectives of the rule; and
``(II) the impacts, including any
costs, of the rule on regulated and
other impacted entities;
``(iii) a plan for gathering data regarding
the metrics described in clause (ii) on an
ongoing basis, or at periodic times, including
a method by which the agency will invite the
public to participate in the review process and
seek input from other agencies; and
``(iv) a specific timeframe, as appropriate
to measure the full impact of the rule but not
more than 10 years after the effective date of
the rule, under which the agency shall conduct
the assessment of the rule in accordance with
paragraph (2)(A).
``(2) Assessment.--
``(A) In general.--Each agency shall assess the
data collected under paragraph (1)(B)(iii), using the
methodology set forth in paragraph (1)(B)(ii) or any
other appropriate methodology developed after the
issuance of a final major rule to better determine
whether the regulatory objective was achieved, with
respect to the rule--
``(i) to analyze how the actual benefits
and costs of the rule may have varied from
those anticipated at the time the rule was
issued; and
``(ii) to determine whether--
``(I) the rule is accomplishing the
regulatory objective of the rule;
``(II) the rule has been rendered
unnecessary, taking into
consideration--
``(aa) changes in the
subject area affected by the
rule; and
``(bb) whether the rule
overlaps, duplicates, or
conflicts with--
``(AA) other rules;
or
``(BB) to the
extent feasible, State
and local government
regulations;
``(III) the rule needs to be
modified in order to accomplish the
regulatory objective; and
``(IV) other alternatives to the
rule or modification of the rule could
better achieve the regulatory objective
while imposing a smaller burden on
society or increase cost-effectiveness,
taking into consideration any cost
already incurred.
``(B) Different methodology.--If an agency uses a
methodology other than the methodology under paragraph
(1)(B)(ii) to assess data under subparagraph (A), the
agency shall include as part of the notice required to
be published under subparagraph (D) an explanation of
the changes in circumstances that necessitated the use
of that other methodology.
``(C) Subsequent assessments.--
``(i) In general.--Except as provided in
clause (ii), if, after an assessment of a major
rule under subparagraph (A), an agency
determines that the rule will remain in effect
with or without modification, the agency
shall--
``(I) determine a specific time, as
appropriate to the rule and not more
than 10 years after the date on which
the agency completes the assessment,
under which the agency shall conduct
another assessment of the rule in
accordance with subparagraph (A); and
``(II) if the assessment conducted
under subclause (I) does not result in
a repeal of the rule, periodically
assess the rule in accordance with
subparagraph (A) to ensure that the
rule continues to meet the regulatory
objective.
``(ii) Exemption.--The Administrator may
exempt an agency from conducting a subsequent
assessment of a rule under clause (i) if the
Administrator determines that there is a
foreseeable and apparent need for the rule
beyond the timeframe required under clause
(i)(I).
``(D) Publication.--Not later than 180 days after
the date on which an agency completes an assessment of
a major rule under subparagraph (A), the agency shall
publish a notice of availability of the results of the
assessment in the Federal Register, including the
specific time for any subsequent assessment of the rule
under subparagraph (C)(i), if applicable.
``(3) OIRA oversight.--The Administrator shall--
``(A) issue guidance for agencies regarding the
development of the framework under paragraph (1) and
the conduct of the assessments under paragraph (2)(A);
``(B) oversee the timely compliance of agencies
with this subsection;
``(C) ensure that the results of each assessment
conducted under paragraph (2)(A) are--
``(i) published promptly on a centralized
Federal website; and
``(ii) noticed in the Federal Register in
accordance with paragraph (2)(D);
``(D) ensure that agencies streamline and
coordinate the assessment of major rules with similar
or related regulatory objectives;
``(E) exempt an agency from including the framework
required under paragraph (1)(B) when publishing a final
major rule if the Administrator determines that
compliance with paragraph (1)(B) is unnecessary,
impracticable, or contrary to the public interest, as
described in subsection (f)(3)(A)(i); and
``(F) extend the deadline specified by an agency
for an assessment of a major rule under paragraph
(1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of
not more than 90 days if the agency justifies why the
agency is unable to complete the assessment by that
deadline.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to affect--
``(A) the authority of an agency to assess or
modify a major rule of the agency earlier than the end
of the timeframe specified for the rule under paragraph
(1)(B)(iv); or
``(B) any other provision of law that requires an
agency to conduct retrospective reviews of rules issued
by the agency.
``(5) Applicability.--
``(A) In general.--This subsection shall not apply
to--
``(i) a major rule of an agency--
``(I) that the Administrator
reviewed before the date of enactment
of this subsection;
``(II) for which the agency is
required to conduct a retrospective
review under any other provision of law
that meets or exceeds the requirements
of this subsection, as determined by
the Administrator; or
``(III) for which the authorizing
statute is subject to periodic
reauthorization by Congress not less
frequently than once every 10 years;
``(ii) guidance;
``(iii) routine and administrative rules;
or
``(iv) a rule that is reviewed under
section 2222 of the Economic Growth and
Regulatory Paperwork Reduction Act of 1996 (12
U.S.C. 3311).
``(B) Direct and interim final major rule.--In the
case of a major rule of an agency for which the agency
is not required to issue a notice of proposed
rulemaking in response to an emergency or a statutorily
imposed deadline, the agency shall publish the
framework required under paragraph (1)(B) in the
Federal Register not later than 180 days after the date
on which the agency publishes the rule.
``(6) Recommendations to congress.--If, under an assessment
conducted under paragraph (2), an agency determines that a
major rule should be modified or repealed, the agency may
submit to Congress recommendations for legislation to amend
applicable provisions of law if the agency is prohibited from
modifying or repealing the rule under another provision of law.
``(7) Judicial review.--
``(A) In general.--Judicial review of agency
compliance with this subsection is limited to whether
an agency--
``(i) published the framework for
assessment of a major rule in accordance with
paragraph (1); or
``(ii) completed and published the required
assessment of a major rule in accordance with
subparagraphs (A) and (D) of paragraph (2).
``(B) Remedy available.--In granting relief in an
action brought under subparagraph (A), a court may only
issue an order remanding the major rule to the agency
to comply with paragraph (1) or subparagraph (A) or (D)
of paragraph (2), as applicable.
``(C) Effective date of major rule.--If, in an
action brought under subparagraph (A)(i), a court
determines that the agency did not comply, the major
rule shall take effect notwithstanding any order issued
by the court.
``(l) Authorities and Responsibilities of the Office of Information
and Regulatory Affairs.--
``(1) In general.--The Administrator shall provide
meaningful guidance and oversight, which may include review by
the Office of Information and Regulatory Affairs, to ensure
that each agency issues rules in accordance with the
requirements under this section and other applicable law and do
not conflict with the policies or actions of another agency.
``(2) Notification.--If the Administrator determines that a
major rule of an agency does not comply with the principles and
requirements of this section, is not consistent with other
applicable laws, or conflicts with the policies or actions of
another agency, the Administrator shall--
``(A) identify areas of noncompliance;
``(B) notify the agency; and
``(C) request that the agency comply before the
agency finalizes the major rule concerned.
``(3) Annual statement to congress on agency compliance.--
The Administrator shall submit to Congress, including the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Accountability of the
House of Representatives, an annual written report that, for
the 1-year period preceding the report--
``(A) details compliance by each agency with the
requirements of this section that relate to major
rules, including activities undertaken at the request
of the Administrator to improve compliance; and
``(B) contains an appendix detailing compliance by
each agency.
``(m) Rule of Construction.--Nothing in this section shall be
construed to limit the scope of the authority of the Office of
Information and Regulatory Affairs under subchapter I of chapter 35 of
title 44, section 515 of the Treasury and General Government
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-154),
chapter 8 of this title, or any other law or Executive Order.''.
SEC. 4. SCOPE OF REVIEW.
Section 706 of title 5, United States Code, is amended--
(1) in the first sentence of the matter preceding paragraph
(1), by striking ``To the extent necessary'' and inserting the
following:
``(a) In General.--To the extent necessary''; and
(2) in subsection (a), as so designated--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``, or, when
appropriate, remand a matter to an agency without
setting aside,'' after ``set aside''; and
(C) by striking the flush text following paragraph
(2)(F) and inserting the following:
``(b) Review of Entire Record; Prejudicial Error.--In making a
determination under subsection (a), the court shall review the whole
record or those parts of the record cited by a party, and due account
shall be taken of the rule of prejudicial error.
``(c) Preclusion of Review.--
``(1) In general.--Any action or inaction of the
Administrator under subchapter II of chapter 5, except sections
552 and 552a, shall not be subject to judicial review.
``(2) Rule of construction.--The preclusion of judicial
review under this subsection shall not be construed or used to
construe any other provision of law to provide any cause of
action against the Administrator, except as explicitly provided
by law.
``(d) Review of Certain Guidance.--Agency guidance that does not
interpret a statute or rule may be reviewed only under subsection
(a)(2)(D).
``(e) Agency Interpretation of Rules.--
``(1) Standard of review.--Unless expressly required
otherwise by statute, the reviewing court shall decide all
questions of law de novo, with due regard for the views of the
agency administering the statute and any other agency involved
in the decision making process.
``(2) Weight.--The weight that a reviewing court gives an
interpretation by an agency of a rule of that agency shall
depend on the thoroughness evident in the consideration of the
rule by the agency, the validity of the reasoning of the
agency, and the consistency of the interpretation with earlier
and later pronouncements.''.
SEC. 5. ADDED DEFINITIONS.
Section 701(b) of title 5, United States Code, is amended--
(1) in paragraph (1)(H), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ```guidance','' after
```relief',''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) `substantial evidence' means such relevant evidence,
including the quality and quality, as a reasonable mind might
accept as adequate to support a conclusion in light of the
record considered as a whole.''.
SEC. 6. APPLICATION.
The amendments made by this Act to sections 553, 701(b), and 706 of
title 5, United States Code, shall not apply to any rulemaking, as
defined in section 551 of title 5, United States Code, as amended by
section 2 of this Act, that is pending or completed as of the date of
enactment of this Act.
SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO COPYRIGHTS.
Nothing in this Act, or in the amendments made by this Act, may be
construed as altering, modifying, or abridging an exclusive right
granted under title 17, United States Code.
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Alaska National Interest Lands Conservation Act.--Section
1002(g)(2) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3142(g)(2)) is amended, in the third sentence, by striking
``section 706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
(b) Antarctic Marine Living Resources Convention Act of 1984.--
Section 308(c) of the Antarctic Marine Living Resources Convention Act
of 1984 (16 U.S.C. 2437(c)) is amended, in the third sentence, by
striking ``section 706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
(c) Congressional Accountability Act of 1995.--Section 409 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1409) is amended, in
the first sentence--
(1) by striking ``section 706(2)'' and inserting ``section
706(a)(2)''; and
(2) by striking ``section 706(2)(B)'' and inserting
``section 706(a)(2)(B)''.
(d) Consumer Product Safety Act.--Section 9(i) of the Consumer
Product Safety Act (15 U.S.C. 2058(i)) is amended, in the first
sentence, by striking ``section 553(e)'' and inserting ``section
553(h)''.
(e) Deep Seabed Hard Mineral Resources Act.--Section 302(b) of the
Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1462(b)) is amended,
in the third sentence, by striking ``section 706(2)(E)'' and inserting
``section 706(a)(2)(E)''.
(f) Defense Production Act of 1950.--Section 709(b)(1) of the
Defense Production Act of 1950 (50 U.S.C. 4559(b)(1)) is amended by
striking ``for not less than 30 days, consistent with the requirements
of section 553(b)'' and inserting ``in a manner consistent with the
requirements of section 553(c)''.
(g) Endangered Species Act of 1973.--Section 4(b)(3) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended--
(1) in subparagraph (A), in the first sentence, by striking
``section 553(e)'' and inserting ``section 553(h)''; and
(2) in subparagraph (D)(i), in the first sentence, by
striking ``section 553(e)'' and inserting ``section 553(h)''.
(h) Expedited Funds Availability Act.--Section 609(a) of the
Expedited Funds Availability Act (12 U.S.C. 4008(a)) is amended, in the
matter preceding paragraph (1), by striking ``section 553(c)'' and
inserting ``section 553''.
(i) Fastener Quality Act.--Section 6(b)(3) of the Fastener Quality
Act (15 U.S.C. 5408(b)(3)) is amended, in the second sentence, by
striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
(j) Federal Food, Drug, and Cosmetic Act.--Section 912(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387l(b)) is amended, in
the second sentence, by striking ``section 706(2)(A)'' and inserting
``section 706(a)(2)(A)''.
(k) Federal Hazardous Substances Act.--Section 3 of the Federal
Hazardous Substances Act (15 U.S.C. 1262) is amended--
(1) in subsection (e)(1), in the first sentence, by
striking ``(other than clause (B) of the last sentence of
subsection (b) of such section) of title 5 of the United States
Code'' and inserting ``of title 5, United States Code, other
than subsection (f)(3) of such section,''; and
(2) in subsection (j), in the first sentence, by striking
``section 553(e)'' and inserting ``section 553(h)''.
(l) Federal Trade Commission Act.--Section 18(e) of the Federal
Trade Commission Act (15 U.S.C. 57a(e)) is amended--
(1) in paragraph (3), in the second sentence of the matter
preceding subparagraph (A), by striking ``section 706(2)'' and
inserting ``section 706(a)(2)''; and
(2) in paragraph (5)(C), in the second sentence, by
striking ``Section 706(2)(E)'' and inserting ``Section
706(a)(2)(E)''.
(m) Flammable Fabrics Act.--The Flammable Fabrics Act (15 U.S.C.
1191 et seq.) is amended--
(1) in section 4(k) (15 U.S.C. 1193(k)), in the first
sentence, by striking ``section 553(e)'' and inserting
``section 553(h)''; and
(2) in section 16(c)(2) (15 U.S.C. 1203(c)(2)), by striking
``section 553(b)'' and inserting ``section 553(c)''.
(n) General Education Provisions Act.--Section 411 of the General
Education Provisions Act (20 U.S.C. 1221e-4) is amended, in the second
sentence, by striking ``Notwithstanding the exception provided under
section 553(b) of title 5, such'' and inserting ``Such''.
(o) High Seas Fishing Compliance Act of 1995.--Section 108(d) of
the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5507(d)) is
amended, in the third sentence, by striking ``section 706(2)'' and
inserting ``section 706(a)(2)''.
(p) Housing and Community Development Act of 1992.--The Housing and
Community Development Act of 1992 (12 U.S.C. 4501 et seq.) is amended--
(1) in section 643(b)(3) (42 U.S.C. 13603(b)(3)), in the
first sentence, by striking ``(notwithstanding subsections
(a)(2), (b)(B), and (d)(3) of such section)'' and inserting
``(notwithstanding subsections (a)(2), (f)(3), and (g)(2) of
such section)''; and
(2) in section 685 (42 U.S.C. 13643), in the second
sentence, by striking ``(notwithstanding subsections (a)(2),
(b)(B), and (d)(3) of such section)'' and inserting
``(notwithstanding subsections (a)(2), (f)(3), and (g)(2) of
such section)''.
(q) International Banking Act of 1978.--Section 7(f)(2) of the
International Banking Act of 1978 (12 U.S.C. 3105(f)(2)) is amended by
striking ``paragraph (2)(F)'' and inserting ``subsection (a)(2)(F)''.
(r) Magnuson-Stevens Fishery Conservation and Management Act.--
Section 308(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858(b)) is amended, in the third sentence,
by striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
(s) Marine Mammal Protection Act of 1972.--Section 109 of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1379) is amended--
(1) in subsection (c)(4), in the first sentence, by
striking ``section 706(2) (A) through (E) of Title'' and
inserting ``subparagraphs (A) through (E) of section 706(a)(2)
of title''; and
(2) in subsection (d)(2), in the second sentence--
(A) by striking ``Title'' and inserting ``title'';
and
(B) by striking ``subsection (d) of such section
553'' and inserting ``subsection (g) of such section
553''.
(t) Mckinney-Vento Homeless Assistance Act.--Section 433 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11387) is amended, in
the second sentence, by striking ``(notwithstanding subsections (a)(2),
(b)(B), and (d)(3) of such section)'' and inserting ``(notwithstanding
subsections (a)(2), (f)(3), and (g)(2) of such section)''.
(u) Migrant and Seasonal Agricultural Worker Protection Act.--The
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.) is amended--
(1) in section 103(c) (29 U.S.C. 1813(c)), in the third
sentence, by striking ``section 706(2)(E)'' and inserting
``section 706(a)(2)(E)''; and
(2) in section 503(c) (29 U.S.C. 1853(c)), in the third
sentence, by striking ``section 706(2)(E)'' and inserting
``section 706(a)(2)(E)''.
(v) Milwaukee Railroad Restructuring Act.--The Milwaukee Railroad
Restructuring Act (45 U.S.C. 901 et seq.) is amended--
(1) in section 5(b)(2) (45 U.S.C. 904(b)(2)), in the second
sentence, by striking ``sections 706(2)(A), 706(2)(B),
706(2)(C), and 706(2)(D) of title 5 of the United States Code''
and inserting ``subparagraphs (A), (B), (C), and (D) of section
706(a)(2) of title 5, United States Code''; and
(2) in section 17(b)(2) (45 U.S.C. 915(b)(2)), in the
second sentence, by striking ``sections 706(2)(A), 706(2)(B),
706(2)(C), and 706(2)(D) of title 5 of the United States Code''
and inserting ``subparagraphs (A), (B), (C), and (D) of section
706(a)(2) of title 5, United States Code''.
(w) Native American Programs Act of 1974.--Section 814 of the
Native American Programs Act of 1974 (42 U.S.C. 2992b-1) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Subparagraph (A) of the
last sentence of section 553(b) of title 5, United
States Code, shall not apply with respect to any
interpretative rule or general statement of policy''
and inserting ``Section 553(c) of title 5, United
States Code, shall apply with respect to guidance'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``Subparagraph (B) of the last
sentence of section 553(b)'' and inserting
``Section 553(f)(3)''; and
(ii) by striking ``an interpretative rule
or a general statement of policy'' and
inserting ``guidance''; and
(C) in paragraph (3), in the matter preceding
subparagraph (A)--
(i) by striking ``The first 2 sentences of
section 553(b)'' and inserting ``Section
553(c)''; and
(ii) by striking ``an interpretative rule,
a general statement of policy,'' and inserting
``guidance'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``section 553(d)'' and
inserting ``section 553(g)''; and
(ii) by striking ``an interpretative rule)
or general statement of policy'' and inserting
``guidance)''; and
(B) in the flush text following paragraph (2), by
striking ``the first 2 sentences of section 553(b)''
and inserting ``section 553(c)'';
(3) in subsection (d), by striking ``an interpretative
rule) and each general statement of policy'' and inserting
``guidance)'';
(4) in subsection (e)--
(A) by striking ``any interpretative rule) or a
general statement of policy'' and inserting
``guidance)''; and
(B) by striking ``or such general statement of
policy'';
(5) in subsection (f)--
(A) by striking ``an interpretative rule) or a
general statement of policy'' and inserting
``guidance)''; and
(B) by striking ``or such general statement of
policy''; and
(6) by adding at the end the following:
``(g) In this section, the term `guidance' has the meaning given
the term in section 551 of title 5, United States Code.''.
(x) Natural Gas Policy Act of 1978.--Section 502(b) of the Natural
Gas Policy Act of 1978 (15 U.S.C. 3412(b)) is amended, in the third
sentence, by striking ``section 553(d)(3)'' and inserting ``section
553(g)(2)''.
(y) Noise Control Act of 1972.--Section 6(c)(2) of the Noise
Control Act of 1972 (42 U.S.C. 4905(c)(2)) is amended by striking ``the
first sentence of section 553(c)'' and inserting ``section 553(c)(4)''.
(z) Northeast Rail Service Act of 1981.--Section 1152(c) of the
Northeast Rail Service Act of 1981 (45 U.S.C. 1105(c)) is amended by
striking ``paragraphs (2) (A), (B), (C), and (D) of section 706, title
5'' and inserting ``subparagraphs (A) through (D) of section 706(a)(2)
of title 5''.
(aa) Northern Pacific Halibut Act of 1982.--Section 8(b) of the
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773f(b)) is amended, in
the third sentence, by striking ``section 706(2)'' and inserting
``section 706(a)(2)''.
(bb) Poison Prevention Packaging Act of 1970.--The Poison
Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended--
(1) in section 5 (15 U.S.C. 1474)--
(A) in subsection (a), in the first sentence, by
striking ``(other than paragraph (3)(B) of the last
sentence of subsection (b) of such section) of title 5
of the United States Code'' and inserting ``of title 5,
United States Code, other than subsection (f)(3) of
such section,''; and
(B) in subsection (b)--
(i) by striking ``of the United States
Code'' each place that term appears and
inserting ``, United States Code''; and
(ii) in paragraph (3), in the first
sentence, by striking ``paragraph (2) of
section 706'' and inserting ``section
706(a)(2)''; and
(2) in section 7(c)(2) (15 U.S.C. 1476(c)(2)), by striking
``section 553(b)'' and inserting ``section 553(c)''.
(cc) Poultry Products Inspection Act.--Section 14(c) of the Poultry
Products Inspection Act (21 U.S.C. 463(c)) is amended by striking
``section 553(c) of title 5, United States Code'' and inserting
``section 553(c)(4) of title 5, United States Code,''.
(dd) Public Health Service Act.--Section 2723(b)(2)(E)(iii) of the
Public Health Service Act (42 U.S.C. 300gg-22(b)(2)(E)(iii)) is amended
by striking ``section 706(2)(E)'' and inserting ``section
706(a)(2)(E)''.
(ee) Regional Rail Reorganization Act of 1973.--Section 216(c)(3)
of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726(c)(3))
is amended, in the fourth sentence, by striking ``section 706(2)'' and
inserting ``section 706(a)(2)''.
(ff) Social Security Act.--The Social Security Act (42 U.S.C. 301
et seq.) is amended--
(1) in section 221(j) (42 U.S.C. 421(j)), in the flush text
following paragraph (3), by striking ``in accordance with
section 553(b)(A) of title 5, United States Code'' and all that
follows through ``and statements'' and inserting ``in
accordance with section 553(f)(2) of title 5, United States
Code, of guidance or rules of agency organization, procedure,
or practice relating to consultative examinations if such
guidance and rules''; and
(2) in section 1871(b)(2) (42 U.S.C. 1395hh(b)(2)), by
striking subparagraph (C) and inserting the following:
``(C) subsection (c) of section 553 of title 5,
United States Code, does not apply pursuant to
subsection (f)(3) of such section.''.
(gg) South Pacific Tuna Act of 1988.--Section 8(b) of the South
Pacific Tuna Act of 1988 (16 U.S.C. 973f(b)) is amended, in the third
sentence, by striking ``section 706(2)'' and inserting ``section
706(a)(2)''.
(hh) Tariff Act of 1930.--Section 777(f)(5) of the Tariff Act of
1930 (19 U.S.C. 1677f(f)(5)) is amended, in the third sentence, by
striking ``section 706(2)'' and inserting ``section 706(a)(2)''.
(ii) Title 5, United States Code.--Title 5, United States Code, is
amended--
(1) in section 556(d), in the sixth sentence, by striking
``rule making'' and inserting ``rulemaking'';
(2) in section 557(b), in the fourth sentence of the matter
preceding paragraph (1), by striking ``rule making'' and
inserting ``rulemaking'';
(3) in section 562(11), by striking ``means `rule making'
as that term is defined in section 551(5)'' and inserting ``has
the meaning given the term in section 551'';
(4) in section 601(2), by striking ``section 553(b)'' and
inserting ``section 553(c)'';
(5) in section 1103(b)(1), by striking ``section 553(b)(1),
(2), and (3)'' and inserting ``section 553(c)''; and
(6) in section 1105, by striking ``subsections (b), (c),
and (d)'' and inserting ``subsections (b) through (g) and
(i)''.
(jj) Title 11, United States Code.--Section 1172(b) of title 11,
United States Code, is amended, in the second sentence, by striking
``sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5''
and inserting ``subparagraphs (A), (B), (C), and (D) of section
706(a)(2) of title 5''.
(kk) Title 14, United States Code.--Section 2507(b)(2)(A) of title
14, United States Code, is amended by striking ``section 706(1)'' and
inserting ``section 706(a)(1)''.
(ll) Title 28, United States Code.--Section 3902 of title 28,
United States Code, is amended, in the first sentence, by striking
``section 706(2)'' and inserting ``section 706(a)(2)''.
(mm) Title 41, United States Code.--Section 8503(a)(2) of title 41,
United States Code, is amended by striking ``section 553(b) to (e)''
and inserting ``section 553''.
(nn) Title 46, United States Code.--Title 46, United States Code,
is amended--
(1) in section 14104(b), in the second sentence, by
striking ``shall be considered to be an interpretive regulation
for purposes of section 553 of title 5'' and inserting ``shall
be subject to section 553 of title 5''; and
(2) in section 70105(c)(3)(B), in the second sentence, by
striking ``section 706(2)(E)'' and inserting ``section
706(a)(2)(E)''.
(oo) Toxic Substances Control Act.--Section 19(c)(1)(B) of the
Toxic Substances Control Act (15 U.S.C. 2618(c)(1)(B)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``paragraph
(2)(E)'' and inserting ``subsection (a)(2)(E)''; and
(B) in subclause (II), by striking ``paragraph
(2)(E)'' and inserting ``subsection (a)(2)(E)''; and
(2) in clause (ii), by striking ``section 553(c)'' and
inserting ``section 553(e)(2)''.
(pp) Unfunded Mandates Reform Act of 1995.--Section 401(a)(2)(A) of
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571(a)(2)(A)) is
amended by striking ``section 706(1)'' and inserting ``section
706(a)(1)''.
(qq) United States Warehouse Act.--Section 13(d)(2) of the United
States Warehouse Act (7 U.S.C. 252(d)(2)) is amended by striking
``section 706(2)'' and inserting ``section 706(a)(2)''.
<all>
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118S1616 | Judiciary Act of 2023 | [
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1616 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1616
To amend title 28, United States Code, to allow for 12 associate
justices of the Supreme Court of the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to allow for 12 associate
justices of the Supreme Court 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 ``Judiciary Act of 2023''.
SEC. 2. NUMBER OF JUSTICES; QUORUM.
Section 1 of title 28, United States Code, is amended by striking
``a Chief Justice of the United States and eight associate justices,
any six of whom shall constitute a quorum'' and inserting ``a Chief
Justice of the United States and 12 associate justices, any 8 of whom
shall constitute a quorum''.
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118S1617 | Protect Our Heroes Act of 2023 | [
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1617 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1617
To protect Federal, State, and local public safety officers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect Federal, State, and local public safety 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 ``Protect Our Heroes Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Law enforcement officers, first responders, and public
safety officials risk their lives every day to serve and
protect our neighborhoods and communities.
(2) These men and women are true public servants who
regularly sacrifice and encounter grave daily harm.
(3) The families of law enforcement officers, first
responders, and public safety officials also sacrifice and
contribute to their roles as guardians of the public good.
(4) In recent times, it has become apparent that these
women and men are being targeted intentionally by criminals in
our society.
(5) Congress must do all it can to promote a system of law
and order that enables law enforcement officers, first
responders, and public safety officials to properly do their
jobs.
SEC. 3. PROTECTION OF PUBLIC SAFETY OFFICERS.
(a) Killing of Public Safety Officers.--
(1) Offense.--Chapter 51 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1123. Killing of public safety officers
``(a) Definitions.--In this section--
``(1) the terms `Federal law enforcement officer' and
`United States judge' have the meanings given those terms in
section 115;
``(2) the term `federally funded public safety officer'
means a public safety officer or judicial officer for a public
agency that--
``(A) receives Federal financial assistance; and
``(B) is an agency of an entity that is a State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, or any territory or possession of the
United States, an Indian tribe, or a unit of local
government of that entity;
``(3) the term `firefighter' includes an individual serving
as an officially recognized or designated member of a legally
organized volunteer fire department and an officially
recognized or designated public employee member of a rescue
squad or ambulance crew;
``(4) the term `judicial officer' means a judge or other
officer or employee of a court, including prosecutors, court
security, pretrial services officers, court reporters, and
corrections, probation, and parole officers;
``(5) the term `law enforcement officer' means an
individual, with arrest powers, involved in crime or juvenile
delinquency control or reduction or enforcement of the laws;
``(6) the term `public agency' includes a court system, the
National Guard of a State to the extent the personnel of that
National Guard are not in Federal service, and the defense
forces of a State authorized by section 109 of title 32; and
``(7) the term `public safety officer' means an individual
serving a public agency in an official capacity, as a law
enforcement officer, as a firefighter, as a chaplain, or as a
member of a rescue squad or ambulance crew.
``(b) Offense.--
``(1) In general.--It shall be unlawful for any person to,
in any circumstance described in paragraph (2), kill, or
attempt or conspire to kill, a current or former judicial
officer or public safety officer, while the officer is engaged
in official duties, or on account of past performance of
official duties.
``(2) Circumstances described.--For purposes of paragraph
(1), a circumstance described in this paragraph is--
``(A) the conduct described in paragraph (1) occurs
during the course of, or as the result of, the travel
of the defendant or the victim--
``(i) across a State line or national
border; or
``(ii) using a channel, facility, or
instrumentality of interstate or foreign
commerce;
``(B) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in paragraph (1);
``(C) in connection with the conduct described in
paragraph (1), the defendant employs a firearm,
dangerous weapon, explosive or incendiary device, or
other weapon that has traveled in interstate or foreign
commerce;
``(D) the conduct described in paragraph (1)--
``(i) interferes with commercial or other
economic activity in which the victim is
engaged at the time of the conduct; or
``(ii) otherwise affects interstate or
foreign commerce; or
``(E) the victim is--
``(i) a Federal law enforcement officer;
``(ii) a United States judge; or
``(iii) a federally funded public safety
officer.
``(c) Penalty.--
``(1) In general.--Any person that violates subsection (b)
shall be fined under this title and imprisoned for not less
than 10 years or for life, or, if death results, shall be
sentenced to not less than 30 years and not more than life, or
may be punished by death.
``(2) Directive to commission.--
``(A) In general.--Pursuant to section 994 of title
28, the United States Sentencing Commission shall
promulgate guidelines or amend existing guidelines to
provide sentencing enhancements of not less than 5
offense levels for offenses where the finder of fact at
trial determines beyond a reasonable doubt that in the
commission of a violation of subsection (b), the
defendant lures the victim to a location for the
purpose of killing, or attempting to kill, the victim.
``(B) Requirement.--In carrying out this paragraph,
the United States Sentencing Commission shall assure
reasonable consistency with other guidelines, avoid
duplicative punishments for substantially the same
offense, and take into account any mitigating
circumstances which might justify exceptions.''.
(2) Table of sections.--The table of sections for chapter
51 of title 18, United States Code, is amended by adding at the
end the following:
``1123. Killing of public safety officers.''.
(b) Assault of Public Safety Officers.--
(1) Offense.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 120. Assaults of public safety officers
``(a) Definitions.--In this section--
``(1) the term `federally funded public safety officer'
means a public safety officer or judicial officer for a public
agency that--
``(A) receives Federal financial assistance; and
``(B) is an agency of an entity that is a State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, or any territory or possession of the
United States, an Indian tribe, or a unit of local
government of that entity;
``(2) the term `firefighter' includes an individual serving
as an officially recognized or designated member of a legally
organized volunteer fire department and an officially
recognized or designated public employee member of a rescue
squad or ambulance crew;
``(3) the term `judicial officer' means a judge or other
officer or employee of a court, including prosecutors, court
security, pretrial services officers, court reporters, and
corrections, probation, and parole officers;
``(4) the term `law enforcement officer' means an
individual, with arrest powers, involved in crime or juvenile
delinquency control or reduction or enforcement of the laws;
``(5) the term `public agency' includes a court system, the
National Guard of a State to the extent the personnel of that
National Guard are not in Federal service, and the defense
forces of a State authorized by section 109 of title 32; and
``(6) the term `public safety officer' means an individual
serving a public agency in an official capacity, as a law
enforcement officer, as a firefighter, as a chaplain, or as a
member of a rescue squad or ambulance crew.
``(b) Offense.--
``(1) In general.--It shall be unlawful, in any
circumstance described in paragraph (2), to assault, or attempt
to assault, a current or former judicial officer or public
safety officer, while the officer is engaged in official
duties, or on account of past performance of official duties.
``(2) Circumstances described.--For purposes of paragraph
(1), a circumstance described in this paragraph is--
``(A) the conduct described in paragraph (1) occurs
during the course of, or as the result of, the travel
of the defendant or the victim--
``(i) across a State line or national
border; or
``(ii) using a channel, facility, or
instrumentality of interstate or foreign
commerce;
``(B) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in paragraph (1);
``(C) in connection with the conduct described in
paragraph (1), the defendant employs a firearm,
dangerous weapon, explosive or incendiary device, or
other weapon that has traveled in interstate or foreign
commerce;
``(D) the conduct described in paragraph (1)--
``(i) interferes with commercial or other
economic activity in which the victim is
engaged at the time of the conduct; or
``(ii) otherwise affects interstate or
foreign commerce; or
``(E) the victim is--
``(i) a Federal law enforcement officer;
``(ii) a United States judge; or
``(iii) a federally funded public safety
officer.
``(c) Penalty.--
``(1) In general.--Any person that violates subsection (b)
shall be subject to a fine under this title and--
``(A) if the assault resulted in bodily injury (as
defined in section 1365), shall be imprisoned not less
than 2 years and not more than 10 years;
``(B) if the assault resulted in substantial bodily
injury (as defined in section 113), shall be imprisoned
not less than 5 years and not more than 20 years;
``(C) if the assault resulted in serious bodily
injury (as defined in section 1365), shall be
imprisoned for not less than 10 years;
``(D) if a deadly or dangerous weapon was used
during and in relation to the assault, shall be
imprisoned for not less than 20 years; and
``(E) shall be imprisoned for not more than 1 year
in any other case.
``(2) Directive to commission.--
``(A) In general.--Pursuant to section 994 of title
28, the United States Sentencing Commission shall
promulgate guidelines or amend existing guidelines to
provide sentencing enhancements of not less than 5
offense levels for offenses where the finder of fact at
trial determines beyond a reasonable doubt that in the
commission of a violation of subsection (b), the
defendant lures the victim to a location for the
purpose of assaulting, or attempting to assault, the
victim.
``(B) Requirement.--In carrying out this paragraph,
the United States Sentencing Commission shall assure
reasonable consistency with other guidelines, avoid
duplicative punishments for substantially the same
offense, and take into account any mitigating
circumstances which might justify exceptions.''.
(2) Table of sections.--The table of sections for chapter 7
of title 18, United States Code, is amended by adding at the
end the following:
``120. Assaults of public safety officers.''.
<all>
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118S1618 | Employee Equity Investment Act of 2023 | [
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"sponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1618 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1618
To amend the Small Business Investment Act of 1958 to establish an
employee equity investment facility, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Van Hollen (for himself, Mr. Rubio, Ms. Baldwin, Mr. Young, Mrs.
Shaheen, and Mr. Braun) introduced the following bill; which was read
twice and referred to the Committee on Small Business and
Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Investment Act of 1958 to establish an
employee equity investment facility, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Equity Investment Act of
2023''.
SEC. 2. EMPLOYEE EQUITY INVESTMENT FACILITY.
(a) Definitions.--Section 103 of the Small Business Investment Act
of 1958 (15 U.S.C. 662) is amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(21) the term `covered investment' means, with respect to
an investment in a covered small business concern--
``(A) the provision of capital to finance the sale
of an ownership interest of a covered small business
concern, including a covered small business concern
created as a result of a corporate divestiture, to an
employee stock ownership plan or eligible worker-owned
cooperative if such sale results in--
``(i) the employee stock ownership plan or
eligible worker-owned cooperative,
respectively, holding a majority interest of
the outstanding stock of the covered small
business concern; and
``(ii) with respect to such a sale to an
employee stock ownership plan, the appointment
of an independent trustee for the transaction;
or
``(B) the provision of capital to finance a covered
small business concern if--
``(i) an employee stock ownership plan or
eligible worker-owned cooperative holds a
majority interest of the outstanding stock of
the covered small business concern, prior to
and immediately following the provision of
capital; and
``(ii) the provision of capital does not
reduce the percentage of stock of the covered
small business concern held by the employee
stock ownership plan or eligible worker-owned
cooperative (as applicable), excluding any
synthetic equity;
``(22) the term `covered small business concern'--
``(A) means a small business concern; and
``(B) with respect to an employee equity investment
company that is not a Protege EEIC, includes an entity
that is not more than 300 percent larger than the size
standards established for categorizing a business
concern as a small business concern under section 3(a)
of the Small Business Act (15 U.S.C. 632(a));
``(23) the term `eligible worker-owned cooperative' has the
meaning given that term in section 1042(c) of the Internal
Revenue Code of 1986;
``(24) the term `employee equity investment company' means
a small business investment company--
``(A) that identifies at the time of application
for licensure under section 301 an intent to be
licensed as an employee equity investment company; and
``(B) for which--
``(i) not less than 75 percent of the total
capital managed by the investment firm shall be
invested in covered investments;
``(ii) not less than 50 percent of the
total capital managed by the investment firm
shall be invested in covered investments
described in paragraph (21)(A);
``(iii) covered investment returns are
obtained from debt, synthetic equity, or a
combination thereof, including returns obtained
from cash interest, payment-in-kind interest,
and stock warrants; and
``(iv) any investment that is not a covered
investment is an investment in a small business
concern;
``(25) the term `employee stock ownership plan' has the
meaning given that term in section 4975(e) of the Internal
Revenue Code of 1986;
``(26) the term `independent trustee' means a trustee
that--
``(A) is in the profession of serving as a
fiduciary for employee stock ownership plans;
``(B) has never--
``(i) performed services for or on behalf
of any party selling an ownership interest in
the covered small business concern to the
employee stock ownership plan involved in the
transaction the trustee is considering; or
``(ii) been a director, officer, or
employee of the covered small business concern;
``(C) has not performed services for or on behalf
of the covered small business concern at any time
during the 5-year period ending on the date of
execution of the transaction the trustee is
considering, unless such services solely consisted of
acting as a fiduciary of an employee benefit plan
(including an employee stock ownership plan) under the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.);
``(D) has not performed services related to the
transaction the trustee is considering, for or on
behalf of--
``(i) the employee equity investment
company that is preparing to or has already
allocated capital to the covered small
business; or
``(ii) any other entity that is structuring
or financing the transaction for any party
other than the employee stock ownership plan;
and
``(E) does not have a familial or corporate
relationship (such as a parent-subsidiary relationship)
to any person or entity described in subparagraph (B),
(C), or (D);
``(27) the term `independent financial advisor' means a
financial or valuation advisor that--
``(A) is in the profession of serving as a
financial or valuation advisor for transactions
involving employee stock ownership plans;
``(B) has never--
``(i) performed services, including a
preliminary valuation, for or on behalf of--
``(I) any party selling an
ownership interest in the covered small
business concern to the employee stock
ownership plan involved in the
transaction the advisor is evaluating;
or
``(II) the covered small business
concern, unless the services were
provided solely to an existing employee
stock ownership plan sponsored by the
covered small business concern; or
``(ii) been a director, officer, or
employee of the covered small business concern;
``(C) has not performed services related to the
transaction the advisor is evaluating, including a
preliminary valuation, for or on behalf of--
``(i) the employee equity investment
company that is preparing to or has already
allocated capital to the covered small
business; or
``(ii) any other entity that is structuring
or financing the transaction for any party
other than the employee stock ownership plan;
and
``(D) does not have a familial or corporate
relationship (such as a parent-subsidiary relationship)
to any of person or entity described in subparagraph
(B) or (C);
``(28) the term `non-EEIC company' means a small business
investment company that--
``(A) is licensed under section 301;
``(B) is selected to receive leverage from the
facility established under section 321; and
``(C) is not an employee equity investment company;
``(29) the term `outstanding stock' means shares of stock,
including synthetic equity;
``(30) the term `Protege EEIC' means an entity licensed
under section 301 as an employee equity investment company and
selected in accordance with section 322(c)--
``(A) for which the managers of the firm have a
documented record of successful business experience;
and
``(B) that has an investment track record that does
not meet the requirements to be licensed under section
301; and
``(31) the term `synthetic equity' has the meaning given
that term in section 409(p)(6) of the Internal Revenue Code of
1986.''.
(b) Employee Equity Investment Facility.--Part A of title III of
the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is
amended by adding at the end the following:
``SEC. 321. EMPLOYEE EQUITY INVESTMENT FACILITY.
``(a) Definition of Facility.--In this section, the term `facility'
means the facility established under subsection (b).
``(b) Establishment.--The Administrator, acting through the
Associate Administrator of the Office of Investment and Innovation of
the Administration, shall establish and carry out a facility to provide
leverage to licensed employee equity investment companies and non-EEIC
companies for the purpose of encouraging covered investments.
``(c) Application.--
``(1) In general.--An investment firm desiring to
participate in the facility shall submit to the Administrator
an application--
``(A) to be licensed to participate in the facility
as an employee equity investment company (including as
a Protege EEIC); or
``(B) to be selected to participate as a non-EEIC
company.
``(2) Rolling basis.--The Administrator shall accept
applications under paragraph (1) on a rolling basis.
``(3) Electronic submissions.--The Administrator shall
allow an applicant under this section to electronically submit
any document required by this section and to provide an
electronic signature for any signature that is required on such
a document.
``(4) Application process.--An investment firm shall
identify an intent to be licensed as an employee equity
investment company at the time the investment firm applies to
be licensed as a small business investment company under
section 301.
``(d) Provisional Approval.--The Administrator may provide
provisional approval for a license to participate in the facility as an
employee equity investment company for a period not to exceed 1 year to
an investment firm submitting an application under subsection (c)--
``(1) that does not meet the minimum private capital
requirements under section 302 necessary for licensing under
section 301 at the time of application;
``(2) that states an intent to more effectively raise
capital commitments in private markets with a license; and
``(3) that states an intent to more precisely request the
desired amount of leverage contingent on securing capital from
private market investors.
``(e) Combined Leverage.--The Administrator may not provide
leverage to employee equity investment companies and non-EEIC companies
under the facility in a total amount that is more than $5,000,000,000
for a fiscal year. Not more than 20 percent of such total amount may be
provided to non-EEIC companies.
``(f) Transaction Requirements.--
``(1) In general.--With respect to a covered investment
described in section 103(21)(A) involving a sale to an employee
stock ownership plan, an independent trustee for the employee
stock ownership plan shall be appointed before the execution of
the covered investment for a period of time that is sufficient
for the independent trustee to fully evaluate the proposed
transaction.
``(2) Fairness opinion.--An independent trustee appointed
under paragraph (1) shall obtain a fairness opinion on the
proposed covered investment from an independent financial
advisor, which shall evaluate whether the price, terms, and
cost of financing of the proposed covered investment are
financially fair to the employee stock ownership plan.
``(g) Prohibitions.--
``(1) Financing.--
``(A) In general.--An employee of a covered small
business concern may not provide personal financing of
any kind for a covered investment, including through a
wage concession or rollover of a retirement plan.
``(B) Exceptions.--Subparagraph (A) shall not apply
to--
``(i) financing provided by an employee for
the sale of an ownership interest held by the
employee in a covered small business concern;
or
``(ii) employee capital contributions or
membership fees paid by members of an eligible
worker-owned cooperative, if such amounts are
reasonable and customary and not used for the
purchase of the covered small business concern.
``(2) Control.--An employee equity investment company or
non-EEIC company shall not exercise control over a covered
small business concern in which the employee equity investment
company or non-EEIC company, respectively, has made a covered
investment.
``(h) Employee Allocations.--With respect to a covered investment
described in section 103(21)(A) made by an employee equity investment
company that involves an employee stock ownership plan, the employee
stock ownership plan shall include a requirement that in the event of a
sale to a third party of the covered small business concern in which
the covered investment is made, the proceeds that the employee stock
ownership plan receives from the sale shall be distributed as though
all shares of stock held by the employee stock ownership plan prior to
the sale were fully allocated.
``(i) Recirculation of Shares.--
``(1) Share count.--With respect to a covered investment
described in section 103(21)(A) made by an employee equity
investment company that involves an employee stock ownership
plan, the number of shares held by the employee stock ownership
plan on the final date of each plan year shall not be less than
the number of shares held by the employee stock ownership plan
on the execution date of the covered investment.
``(2) Limitation.--The requirements under paragraph (1)
shall apply only with respect to the period during which the
employee equity investment company has an interest in the
covered small business concern.
``(3) Exception.--The requirement under paragraph (1) may
be waived by the independent trustee for the applicable
employee stock ownership plan.
``(j) Independent Trustees.--With respect to a covered investment
described in section 103(21)(A) made by an employee equity investment
company that involves an employee stock ownership plan, the employee
stock ownership plan shall have an independent trustee during the
period that the employee equity investment company has an interest in
the covered small business concern.
``(k) Smaller Enterprises.--
``(1) In general.--Except as provided in paragraph (2),
section 303(d) shall not apply to employee equity investment
companies.
``(2) Protegee eeics.--Section 303(d) shall apply to a
Protege EEIC.
``(l) Procedures Related to a Sale of a Covered Small Business
Concern.--
``(1) In general.--Subject to paragraph (2), an employee
equity investment company shall require as a condition of
making a covered investment described in section 103(21)(A)
involving an employee stock ownership plan that--
``(A) before any stock sale or the execution of any
corporate matter listed in section 409(e)(3) of the
Internal Revenue Code of 1986, the employee stock
ownership plan shall--
``(i) appoint an independent trustee for
the transaction; and
``(ii) require that the independent trustee
obtain a fairness opinion from an independent
financial advisor, which shall evaluate whether
the price, terms, and cost of financing of the
proposed covered investment are financially
fair to the employee stock ownership plan; and
``(B) the employee stock ownership plan requires
that--
``(i) in addition to the corporate matters
listed in section 409(e)(3) of the Internal
Revenue Code of 1986, each participant or
beneficiary in the employee stock ownership
plan is entitled to direct the employee stock
ownership plan as to the manner in which voting
rights under securities of the employer which
are allocated to the account of such
participant or beneficiary are to be exercised
with respect to the approval or disapproval of
any stock sale;
``(ii) the requirements of section
409(e)(3) of the Internal Revenue Code of 1986
and clause (i) of this subparagraph shall be
met using the procedures described in section
409(e)(5) of the Internal Revenue Code of 1986;
``(iii) unless the parties agree otherwise,
with respect to unallocated shares, the
independent trustee shall be directed to vote
or tender such unallocated shares in the same
proportion as allocated shares for which the
independent trustee has received voting or
tender instructions from participants in the
employee stock ownership plan; and
``(iv) with respect to allocated shares
that the independent trustee does not receive
voting or tender instructions from participants
in the employee stock ownership plan, the
independent trustee shall have voting
discretion over such shares.
``(2) Voting discretion.--Nothing in paragraph (1)(B) shall
limit the ability of an independent trustee to exercise voting
discretion in accordance with the fiduciary obligations of the
independent trustee under the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et seq.).
``(3) Limitation.--The requirements under paragraph (1)
shall apply only with respect to the period during which the
employee equity investment company has an interest in the
covered small business concern.
``(m) Reports.--In addition to the reporting requirements in
310(b), each employee equity investment company (including each Protege
EEIC licensed to operate as an employee equity investment company) and
each non-EEIC company that has outstanding leverage received from the
facility shall submit to the Administrator an annual report, which
shall include, for the year covered by the report, the following
information, disaggregated by covered investments made under
subparagraph (A) and (B) of section 103(21):
``(1) Whether the covered investment was made with respect
to an employee stock ownership plan or eligible worker-owned
cooperative.
``(2) For an employee stock ownership plan--
``(A) the effective date of the plan;
``(B) the number of active plan participants;
``(C) the number of employees of the covered small
business concern for which the employee stock ownership
plan is established;
``(D) the total value of employer securities, as
determined by an independent appraiser hired by the
independent trustee of the employee stock ownership
plan;
``(E) the total plan assets;
``(F) the total contributions during the plan year;
``(G) the total distributions during the plan year;
``(H) the median account asset balance; and
``(I) demographic information of plan participants,
disaggregated by race, gender, and State.
``(3) For an eligible worker-owned cooperative--
``(A) the number of member-owners;
``(B) the number of employees of the covered small
business concern for which the eligible worker-owned
cooperative is established;
``(C) the total value of employer securities;
``(D) the aggregate assets of all membership
accounts of the cooperative;
``(E) the median membership account balance; and
``(F) demographic information of membership base,
disaggregated by race, gender, and State.
``(n) Implementation Milestones.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator shall begin
accepting applications to be licensed to participate in the
facility as an employee equity investment company (including as
a Protege EEIC).
``(2) Exclusion of leverage.--Not later than 1 year after
the date of enactment of this section, the Administrator shall
begin excluding from the calculation of outstanding leverage,
as described in section 303(b)(2)(F), covered investments
described in clause (iii) of such section.
``(3) License timeline.--Not later than 1 year after the
date of enactment of this section, the Administrator shall
approve the first tranche of licenses to participate in the
facility as an employee equity investment company (including as
a Protege EEIC) with respect to applicants that satisfy the
applicable eligibility criteria.
``(o) Sunset.--
``(1) Definition.--In this subsection, the term `sunset
date' means the first day of the twentieth calendar year that
begins after the date on which the Administrator approves the
first license to participate in the facility as an employee
equity investment company (including as a Protege EEIC).
``(2) Termination of authority.--On and after the sunset
date, the Administrator may not license an entity to
participate in the facility as an employee equity investment
company (including as a Protege EEIC) or select an entity to
participate in the facility as a non-EEIC company.
``(3) Continued participation by existing entities.--
Nothing in paragraph (2) shall be construed to prohibit--
``(A) an employee equity investment company from
continuing to draw leverage on and after the sunset
date that was committed to the entity through the
facility before the sunset date; or
``(B) a non-EEIC company from continuing to receive
an exclusion in the calculation of outstanding leverage
by the Administrator, as described in section
303(b)(2)(F), for covered investments described in
clause (iii) of such section made to a covered small
business before the sunset date.
``(4) Application.--The Administrator shall not consider
paragraph (2) as a factor in the decision to license an entity
to participate in the facility as an employee equity investment
company (including as a Protege EEIC) or to select an entity to
participate in the facility as a non-EEIC company before the
sunset date.''.
(c) Employee Equity Investment Company Procedures.--Title III of
the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is
amended--
(1) in section 301(c) (15 U.S.C. 681(c)), by striking
paragraph (3) and inserting the following:
``(3) Matters considered.--
``(A) In general.--In reviewing and processing any
application under this subsection, the Administrator--
``(i) shall determine whether--
``(I) the applicant meets the
requirements of subsections (a) and (c)
of section 302; and
``(II) the management of the
applicant is qualified and has the
knowledge, experience, and capability
necessary to comply with this Act;
``(ii) shall take into consideration--
``(I) the need for and availability
of financing for small business
concerns in the geographic area in
which the applicant is to commence
business;
``(II) the general business
reputation of the owners and management
of the applicant; and
``(III) the probability of
successful operations of the applicant,
including adequate profitability and
financial soundness;
``(iii) shall not take into consideration
any projected shortage or unavailability of
leverage; and
``(iv) shall give first priority to an
applicant that is located in an underlicensed
State with below median financing, as
determined by the Administrator.
``(B) Additional matters considered for employee
equity investment companies.--
``(i) Investment track record.--Except as
provided in clause (ii), an applicant for a
license to operate as an employee equity
investment company shall submit to the
Administrator proof that the managers of the
applicant have a track record of managing
investments, including structured investments,
realized or unrealized, in an employee stock
ownership plan or eligible worker-owned
cooperative.
``(ii) Advisory requirement.--An applicant
that does not have an investment track record
described in clause (i) or that is a Protege
EEIC shall submit to the Administrator evidence
that the applicant has retained or will retain
a legal, accounting, or financial advisory firm
with at least 5 years of experience in
structuring employee stock ownership plans or
eligible worker-owned cooperatives.
``(iii) Limitation.--The Administrator may
not reject an applicant for a license to
operate as an employee equity investment
company solely because the applicant lacks a
sufficient track record in realized investments
if the applicant demonstrates an otherwise
successful investment track record that
includes unrealized covered investments.''; and
(2) in section 303(b)(2) (15 U.S.C. 683(b)(2))--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``The maximum'' and inserting
``Except as provided otherwise in this paragraph, the
maximum''; and
(B) by adding at the end the following--
``(E) Employee equity investment companies.--
``(i) In general.--Except as provided in
subparagraph (G), the maximum amount of
outstanding leverage made available to any 1
employee equity investment company may not
exceed the lesser of--
``(I) 100 percent of the private
capital of such company; or
``(II) $350,000,000.
``(ii) Multiple licenses under common
control.--The maximum amount of outstanding
leverage made available to 2 or more employee
equity investment companies that are commonly
controlled (as determined by the Administrator)
and not under capital impairment may not exceed
$700,000,000.
``(F) Non-EEIC company employee ownership
investments.--
``(i) In general.--A non-EEIC company may
access leverage from the facility established
under section 321 in addition to any leverage
such non-EEIC company is otherwise eligible to
receive solely for the purpose described in
clause (ii) and subject to the limitation under
clause (iv).
``(ii) Purpose.--The purpose described in
this clause is for the purpose of making
covered investments described in section
103(21)(B) (excluding synthetic equity).
``(iii) Outstanding leverage.--Subject to
the limitation under clause (iv), in
calculating the outstanding leverage of a non-
EEIC company for purposes of subparagraphs
(A)(ii) and (B), the Administrator shall
exclude the amount of leverage outstanding to
covered small business concerns for a covered
investment described in section 103(21)(B)
(excluding synthetic equity) made by such non-
EEIC company.
``(iv) Limitation.--The amount of leverage
provided under clause (i) that is excluded
under clause (iii) may not exceed $50,000,000.
``(G) Protege eeics.--The maximum amount of
outstanding leverage made available under the facility
established under section 321 to any 1 Protege EEIC may
not to exceed the lesser of--
``(i) 100 percent of the private capital of
the Protege EEIC; or
``(ii) $100,000,000.''.
(d) Conforming Amendment.--Section 308(g) of the Small Business
Investment Act of 1958 (15 U.S.C. 687(g)) is amended by adding at the
end the following:
``(4) In its annual report for the year ending on December 31,
2023, and in each succeeding annual report made pursuant to section
10(a) of the Small Business Act, the Administration shall include full
and detailed aggregate data regarding--
``(A) employee stock ownership plans created by an employee
equity investment company, including--
``(i) the total number of active plan participants;
``(ii) the total number of employees of the covered
small business concerns with such employee stock
ownership plans;
``(iii) the total value of employer securities, as
determined by the independent appraisers hired by the
independent trustee of each employee stock ownership
plan;
``(iv) the total plan assets;
``(v) the total contributions during the plan year;
``(vi) the total distributions during the plan
year;
``(vii) the median account asset balance; and
``(viii) demographic information of plan
participants, disaggregated by race, gender, State;
``(B) eligible worker-owned cooperatives created by
employee equity investment companies, including--
``(i) the number of member-owners;
``(ii) the total number of employees of the covered
small business concern with such eligible worker-owned
cooperatives;
``(iii) the total value of employer securities;
``(iv) the assets of all membership accounts;
``(v) the median membership account balance; and
``(vi) demographic information of membership base,
disaggregated by race, gender, and State; and
``(C) non-EEIC companies that received leverage from the
facility, including--
``(i) the total amount of such leverage excluded by
the Administrator pursuant to section 321(e)(3)(C);
``(ii) the number of employee stock ownership plans
and eligible worker-owned cooperatives that received
capital from a non-EEIC company during the year covered
by the report; and
``(iii) the geographic location of each employee
stock ownership plan and eligible worker-owned
cooperative described in clause (ii).''.
SEC. 3. PROTEGE EEIC PROGRAM.
Part A of title III of the Small Business Investment Act of 1958
(15 U.S.C. 681 et seq.), as amended by section 2, is further amended by
adding at the end the following:
``SEC. 322. PROTEGE EEIC PROGRAM.
``(a) Establishment.--The Administrator shall establish a program
to be known as the `Protege EEIC Program' under which a manager with
substantial experience in operating small business investment companies
may enter into a written agreement approved by the Administrator to
provide guidance and assistance to a Protege EEIC with respect to--
``(1) applying for a license for the Protege EEIC to
operate as an employee equity investment company; and
``(2) management of the employee equity investment company
after licensure.
``(b) Application.--After entering into a written agreement
described in subsection (a), the Protege EEIC shall apply for a license
under section 301.
``(c) Selection.--The Administrator may grant a license to a
Protege EEIC to operate as an employee equity investment company under
section 301 based on the investment track record of one or more of the
managers that have entered into a written agreement described in
subsection (a) with the applicant Protege EEIC.
``(d) Requirements for Managers.--If a manager enters into a
written agreement described under subsection (a)--
``(1) the manager may hold a minority financial interest in
the employee equity investment company that is to be managed by
the Protege EEIC;
``(2) the otherwise applicable maximum amount of
outstanding leverage that may be made available to any one
licensed company of the manager under section 303(b)(2)(A)
shall be increased by $17,500,000; and
``(3) the otherwise applicable maximum amount of
outstanding leverage that may be made available to any two or
more licensed companies that are commonly controlled by the
manager under section 303(b)(2)(B) shall be increased by
$35,000,000.''.
SEC. 4. OFFICE OF EMPLOYEE OWNERSHIP.
Part A of title III of the Small Business Investment Act of 1958
(15 U.S.C. 681 et. seq.), as amended by section 3, is further amended
by adding at the end the following:
``SEC. 323. OFFICE OF EMPLOYEE OWNERSHIP.
``(a) Establishment.--There is established in the Administration an
Office of Employee Ownership (in this section referred to as the
`Office') which shall be responsible for--
``(1) developing expertise in employee stock ownership
plans and eligible worker-owned cooperatives; and
``(2) assisting small business concerns in processes
relating to a sale of such concerns to an employee stock
ownership plan or eligible worker-owned cooperative.
``(b) Duties.--The Office shall--
``(1) provide outreach and educational materials to small
business investment companies about the facility established
under section 321;
``(2) maintain and publish a list of legal, accounting, or
financial advisory firms with at least 5 years of experience in
structuring employee stock ownership plans or eligible worker-
owned cooperatives;
``(3) establish a Small Business Employee Ownership and
Cooperatives Promotion Program to offer technical assistance
and training to employee-owned business concerns (as defined in
section 21(c)(3)(U) of the Small Business Act (15 U.S.C.
648(c)(3)(U)) on the transition to employee ownership;
``(4) coordinate with small business development centers on
implementing the requirements relating to employee-owned
business concerns under section 21(c)(3) of the Small Business
Act (15 U.S.C. 648(c)(3)); and
``(5) coordinate with leaders in the field, as determined
by the Administrator, to develop outreach and educational
materials on employee ownership in multiple languages.''.
SEC. 5. MODIFYING UNCONDITIONAL OWNERSHIP AND CONTROL REQUIREMENTS FOR
CERTAIN EMPLOYEE-OWNED SMALL BUSINESS CONCERNS.
(a) Report on Ownership and Control Through an Employee Stock
Ownership Plan or Eligible Worker-Owned Cooperative Relating to Set-
Aside Procurement.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business Administration;
(B) the term ``eligible worker-owned cooperative''
has the meaning given that term in section 1042(c) of
the Internal Revenue Code of 1986; and
(C) the term ``employee stock ownership plan'' has
the meaning given that term in section 4975(e) of the
Internal Revenue Code of 1986.
(2) Sense of congress.--It is the sense of Congress that--
(A) employee stock ownership plans and eligible
worker-owned cooperatives have unique ownership
structures that create barriers to accessing set-aside
procurement programs due to unconditional ownership and
control requirements; and
(B) the ownership structures of an employee stock
ownership plan or an eligible worker-owned cooperative
should not prevent an otherwise eligible entity from
accessing set-aside procurement programs.
(3) Study and report.--
(A) Study.--The Administrator, in coordination with
stakeholders, including women-owned small business
third-party certifiers and relevant Federal agencies,
shall study and recommend alternatives to unconditional
ownership and control requirements for employee stock
ownership plans and eligible worker-owned cooperatives
that would enable access to set-aside procurement
programs.
(B) Report.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall
submit to Congress the recommendations developed under
subparagraph (A) and a plan to implement the
recommendations for all set-aside procurement programs,
including identifying any applicable statutory changes
necessary to implement such recommendations.
(b) Rulemaking.--Not later than 180 days after the submission of
the report required under subsection (a)(3)(B), the Administrator of
the Small Business Administration shall issue or revise any applicable
rules to carry out the recommendations formed in the report.
(c) Grace Period.--
(1) Small business concerns owned and controlled by
socially and economically disadvantaged individuals.--Section
8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended by
adding at the end the following:
``(22) Concerns owned by employee stock ownership plans or
eligible worker-owned cooperatives.--
``(A) In general.--For the purposes of determining
ownership and control of a concern under this
subsection for award of a contract through a
competition restricted to small business concerns owned
and controlled by socially and economically
disadvantaged individuals, any interest in such concern
held by an employee stock ownership plan or an eligible
worker-owned cooperative shall be treated in the same
manner as an interest held by the socially and
economically disadvantaged individuals upon whom
eligibility is based if--
``(i) such concern was a socially and
economically disadvantaged small business
concern prior to the sale to an employee stock
ownership plan or an eligible worker-owned
cooperative; and
``(ii) the chief corporate officer and a
majority of the board of directors of such
concern are socially and economically
disadvantaged individuals.
``(B) Applicability.--The requirements of
subparagraph (A) shall apply for the 2-year period
beginning on the date on which the majority of the
stock of such concern was acquired by an employee stock
ownership plan or eligible worker-owned cooperative.''.
(d) Small Business Concerns Owned and Controlled by Women.--Section
8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended by adding
at the end the following:
``(9) Concerns owned by employee stock ownership plans or
eligible worker-owned cooperatives.--
``(A) In general.--Notwithstanding any other
provision of law, for the purposes of determining
ownership and control of a concern under this
subsection for award of a contract through a
competition restricted to small business concerns owned
and controlled by women, any interest in such concern
held by an employee stock ownership plan or an eligible
worker-owned cooperative, shall be treated in the same
manner as an interest held by the women upon whom
eligibility is based if--
``(i) such concern was a small business
concern owned and controlled by women prior to
the sale to an employee stock ownership plan or
an eligible worker-owned cooperative; and
``(ii) the chief corporate officer and a
majority of the board of directors of such
concern are women.
``(B) Applicability.--The requirements of
subparagraph (A) shall apply for the 2-year period
beginning on the date on which the majority of the
stock of such concern was acquired by an employee stock
ownership plan or eligible worker-owned cooperative.''.
(e) Small Business Concerns Owned and Controlled by Service-
Disabled Veterans.--Section 36 of the Small Business Act (15 U.S.C.
657f) by adding at the end the following:
``(j) Concerns Owned by Employee Stock Ownership Plans or Eligible
Worker-Owned Cooperatives.--
``(1) In general.--Notwithstanding any other provision of
law, for the purposes of determining ownership and control of a
concern under this section for award of a contract through a
competition restricted to small business concerns owned and
controlled by service-disabled veterans, any interest in such
concern held by an employee stock ownership plan or an eligible
worker-owned cooperative, shall be treated in the same manner
as an interest held by the service-disabled veterans upon whom
eligibility is based if--
``(A) such concern was a small business concern
owned and controlled by service-disabled veterans prior
to the sale to an employee stock ownership plan or an
eligible worker-owned cooperative; and
``(B) the chief corporate officer and a majority of
the board of directors of such concern are service-
disabled veterans.
``(2) Applicability.--The requirements of paragraph (1)
shall apply for the 2-year period beginning on the date on
which the majority of the stock of such concern was acquired by
an employee stock ownership plan or eligible worker-owned
cooperative.''.
(f) Definitions.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following:
``(gg) Employee Stock Ownership Plan.--In this Act, the term
`employee stock ownership plan' has the meaning given that term in
section 4975(e)(7) of the Internal Revenue Code of 1986 (26 U.S.C.
4975(e)(7)).
``(hh) Eligible Worker-Owned Cooperative.--In this Act, the term
`eligible worker-owned cooperative' has the meaning given that term in
section 1042(c) of the Internal Revenue Code of 1986.''.
<all>
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118S1619 | Disrupt Fentanyl Trafficking Act of 2023 | [
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1619
To require the Secretary of Defense to develop a strategy to counter
fentanyl trafficking in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Ms. Ernst (for herself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to develop a strategy to counter
fentanyl trafficking in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disrupt Fentanyl Trafficking Act of
2023''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(a) fentanyl trafficking across the borders of the United States,
and the consequences of that trafficking, constitute an unprecedented,
nontraditional, and long-term threat to the national security of the
United States;
(b) transnational criminal organizations have established effective
control over significant areas within Mexico, which has enabled the
development of fentanyl production and trafficking infrastructure;
(c) combating fentanyl trafficking demands--
(1) improved interagency command, control, communications,
and intelligence sharing to enhance the effectiveness of the
interdiction of fentanyl at the borders of the United States;
and
(2) whole-of-government solutions comprised of an
integrated and synchronized interagency organizational
construct committed to dismantling the process of trafficking
fentanyl from chemical precursor to production to delivery in
the United States and enabling partner nations to do the same;
(d) it is within the national security interest of the United
States for Federal, State, and local law enforcement agencies, the
Department of Defense, the Department of State, other counter-drug
agencies, and stakeholders to effectively communicate and that the
failure of effective communication affects the prevention,
interdiction, and prosecution of fentanyl trafficking and distribution
into and within the United States; and
(e) the United States must partner with Mexico and Canada to combat
fentanyl trafficking through institution building, the dismantling of
cartels, and seizures of fentanyl in Mexico, Canada, and intrastate
transit zones.
SEC. 3. DEVELOPMENT OF STRATEGY TO COUNTER FENTANYL TRAFFICKING AND
REPORT.
(a) Strategy.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with other Federal agencies as the Secretary
considers appropriate, shall develop and submit to the
appropriate congressional committees a strategy to use existing
authorities, including the authorities under section 124 of
title 10, United States Code, as appropriate, to target,
disrupt, or degrade threats to the national security of the
United States caused or exacerbated by fentanyl trafficking.
(2) Contents.--The strategy required by paragraph (1) shall
outline how the Secretary of Defense will--
(A) leverage existing authorities regarding
counterdrug and counter-transnational organized crime
activities with a counter-fentanyl nexus to detect and
monitor activities related to fentanyl trafficking;
(B) support operations to counter fentanyl
trafficking carried out by other Federal agencies,
State, Tribal, and local law enforcement agencies, or
foreign security forces;
(C) coordinate efforts of the Department of Defense
for the detection and monitoring of aerial, maritime,
and surface traffic suspected of carrying fentanyl
bound for the United States, including efforts to unify
the use of technology, surveillance, and related
resources across air, land, and maritime domains to
counter fentanyl trafficking, including with respect to
data collection, data processing, and integrating
sensors across such domains;
(D) provide military-unique capabilities to support
activities by the United States Government and foreign
security forces to detect and monitor the trafficking
of fentanyl and precursor chemicals used in fentanyl
production, consistent with section 284(b)(10) of title
10, United States Code;
(E) leverage existing counterdrug and counter-
transnational organized crime programs of the
Department to counter fentanyl trafficking;
(F) assess existing training programs of the
Department and provide training for Federal, State,
Tribal, and local law enforcement agencies conducted by
special operations forces to counter fentanyl
trafficking, consistent with section 284(b) of title
10, United States Code;
(G) engage with foreign security forces to ensure
the counterdrug and counter-transnational organized
crime programs of the Department--
(i) support efforts to counter fentanyl
trafficking; and
(ii) build capacity to interdict fentanyl
in foreign countries, including programs to
train security forces in partner countries to
counter fentanyl trafficking, including
countering illicit flows of fentanyl
precursors, consistent with sections 284(c) and
333 of title 10, United States Code;
(H) use the North American Defense Ministerial and
the bilateral defense working groups and bilateral
military cooperation round tables with Canada and
Mexico to increase domain awareness to detect and
monitor fentanyl trafficking; and
(I) evaluate existing policies, procedures,
processes, and resources that affect the ability of the
Department to counter fentanyl trafficking consistent
with existing counterdrug and counter-transnational
organized crime authorities.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Briefing.--Not later than 45 days after the submission
of the strategy required by paragraph (1), the Secretary shall
provide to the appropriate congressional committees a briefing
on the strategy and plans for its implementation.
(b) Report on Law Enforcement Reimbursement.--The Secretary of
Defense shall submit to the appropriate congressional committees a
report on--
(1) any goods or services provided under section 1535 of
title 31, United States Code (commonly known as the ``Economy
Act''), during the period beginning on January 1, 2010, and
ending on the date on which the report is submitted, by the
Department of Defense to Federal civilian law enforcement
agencies for counterdrug and counter-transnational organized
crime operations on the southern border of the United States;
and
(2) any payments made for such goods or services under such
section during such period.
SEC. 4. COOPERATION WITH MEXICO.
(a) In General.--The Secretary of Defense shall seek to enhance
cooperation with defense officials of the Government of Mexico to
target, disrupt, and degrade transnational criminal organizations
within Mexico that traffic fentanyl.
(b) Report on Enhanced Security Cooperation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
efforts to enhance cooperation with defense officials of the
Government of Mexico specified in subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include--
(A) an assessment of the impact of the efforts to
enhance cooperation described in paragraph (1) on
targeting, disrupting, and degrading fentanyl
trafficking;
(B) a description of limitations on such efforts,
including limitations imposed by the Government of
Mexico;
(C) recommendations by the Secretary on actions to
further improve cooperation with defense officials of
the Government of Mexico;
(D) recommendations by the Secretary on actions of
the Department of Defense to further improve the
capabilities of the Government of Mexico to target,
disrupt, and degrade fentanyl trafficking; and
(E) any other matter the Secretary considers
relevant.
(3) Form.--The report required by paragraph (1) may be
submitted in unclassified form but shall include a classified
annex.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Fentanyl.--The term ``fentanyl'' means fentanyl and any
fentanyl-related substance.
(3) Fentanyl-related substance.--The term ``fentanyl-
related substance''--
(A) means any substance that is structurally
related to fentanyl by 1 or more modifications of--
(i) replacement of the phenyl portion of
the phenethyl group by any monocycle, whether
or not further substituted in or on the
monocycle;
(ii) substitution in or on the phenethyl
group with alkyl, alkenyl, alkoxyl, hydroxyl,
halo, haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine
ring with alkyl, alkenyl, alkoxyl, ester,
ether, hydroxyl, halo, haloalkyl, amino, or
nitro groups;
(iv) replacement of the aniline ring with
any aromatic monocycle whether or not further
substituted in or on the aromatic monocycle;
and
(v) replacement of the N-propionyl group
with another acyl group; and
(B) does not include a substance described in
subparagraph (A) that is--
(i) controlled by action of the Attorney
General pursuant to section 201 of the
Controlled Substances Act (21 U.S.C. 811);
(ii) expressly listed in Schedule I of
section 202(c) of that Act (21 U.S.C. 812) or
another schedule by a statutory provision; or
(iii) removed from Schedule I, or
rescheduled to another schedule, pursuant to
section 201(k) of that Act (21 U.S.C. 811(k)).
(4) Illegal means.--The term ``illegal means'' includes the
trafficking of money, human trafficking, illicit financial
flows, illegal trade in natural resources and wildlife, trade
in illegal drugs and weapons, and other forms of illegal means
determined by the Secretary of Defense.
(5) Security cooperation program.--The term ``security
cooperation program'' has the meaning given that term in
section 301 of title 10, United States Code.
(6) Transnational criminal organization.--
(A) In general.--The term ``transnational criminal
organization'' means a group, network, and associated
individuals who operate transnationally for the purpose
of obtaining power, influence, or monetary or
commercial gain, wholly or in part by illegal means,
while advancing their activities through a pattern of
crime, corruption, or violence and protecting their
illegal activities through a transnational
organizational structure and the exploitation of public
corruption or transnational logistics, financial, or
communication mechanisms.
(B) Additional organizations.--The term
``transnational criminal organization'' includes any
transnational criminal organization identified in the
most recent Drug Threat Assessment of the Drug
Enforcement Agency.
<all>
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118S162 | Smith River National Recreation Area Expansion Act | [
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
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] | <p><b>Smith River National Recreation Area Expansion Act</b></p> <p>This bill expands the Smith River National Recreation Area in California into Oregon and designates specified segments of the North Fork Smith River as components of the National Wild and Scenic Rivers System (NWSRS).</p> <p>The management emphasis for any portion of the recreation area in Oregon shall be on roadless backcountry and white-water recreation.</p> <p>The Department of Agriculture (USDA) shall study the additions to the recreation area, including inventories and assessments of water features (e.g., streams and lakes). USDA shall modify any applicable management plan to protect the resources inventoried.</p> <p>USDA shall seek to enter into a memorandum of understanding with applicable Indian tribes to (1) provide them with access to the portions of the recreation area in Oregon to conduct historical and cultural activities; and (2) develop interpretive information to be provided to the public on the history of, and use of the area by, those tribes.</p> <p>On the adoption of a resolution by the State Land Board of Oregon, USDA shall acquire the 555 acres of land known as the Cedar Creek Parcel in Oregon.</p> <p>A streamside protection zone in which timber harvesting is prohibited (with exceptions) shall be established for each of the designated North Fork Smith River segments.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 162
To amend the Smith River National Recreation Area Act to include
certain additions to the Smith River National Recreation Area, to amend
the Wild and Scenic Rivers Act to designate certain wild rivers in the
State of Oregon, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Merkley (for himself, Mr. Wyden, Mrs. Feinstein, and Mr. Padilla)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Smith River National Recreation Area Act to include
certain additions to the Smith River National Recreation Area, to amend
the Wild and Scenic Rivers Act to designate certain wild rivers in the
State of Oregon, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smith River National Recreation Area
Expansion Act''.
SEC. 2. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION AREA.
(a) Definitions.--Section 3 of the Smith River National Recreation
Area Act (16 U.S.C. 460bbb-1) is amended--
(1) in paragraph (1), by striking ``referred to in section
4(b)'' and inserting ``entitled `Proposed Smith River National
Recreation Area' and dated July 1990''; and
(2) in paragraph (2), by striking ``the Six Rivers National
Forest'' and inserting ``an applicable unit of the National
Forest System''.
(b) Boundaries.--Section 4(b) of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``and on
the map entitled `Proposed Additions to the Smith River
National Recreation Area' and dated January 23, 2023''
after ``1990''; and
(B) in the second sentence, by striking ``map'' and
inserting ``maps''; and
(2) in paragraph (2), by striking ``map'' and inserting
``maps described in paragraph (1)''.
(c) Administration.--Section 5 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the first sentence, by
striking ``the map'' and inserting ``the maps''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``area
shall be on'' and inserting ``area and any
portion of the recreation area in the State of
Oregon shall be on roadless''; and
(ii) by adding at the end the following:
``(I) The Kalmiopsis Wilderness shall be managed in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.).'';
(2) in subsection (c), by striking ``by the amendments made
by section 10(b) of this Act'' and inserting ``within the
recreation area''; and
(3) by adding at the end the following:
``(d) Study; Report.--
``(1) In general.--Not later than 5 years after the date of
enactment of this subsection, the Secretary shall conduct a
study of the area depicted on the map entitled `Proposed
Additions to the Smith River National Recreation Area' and
dated January 23, 2023, that includes inventories and
assessments of streams, fens, wetlands, lakes, other water
features, and associated land, plants (including Port-Orford-
cedar), animals, fungi, algae, and other values, and unstable
and potentially unstable aquatic habitat areas in the study
area.
``(2) Modification of management plans; report.--On
completion of the study under paragraph (1), the Secretary
shall--
``(A) modify any applicable management plan to
fully protect the inventoried values under the study,
including to implement additional standards and
guidelines; and
``(B) submit to Congress a report describing the
results of the study.
``(e) Wildfire Management.--Nothing in this Act affects the
authority of the Secretary (in cooperation with other Federal, State,
and local agencies, as appropriate) to conduct wildland fire operations
within the recreation area, consistent with the purposes of this Act.
``(f) Vegetation Management.--Nothing in this Act prohibits the
Secretary from conducting vegetation management projects (including
wildfire resiliency and forest health projects) within the recreation
area, to the extent consistent with the purposes of the recreation
area.
``(g) Application of Northwest Forest Plan and Roadless Rule to
Certain Portions of the Recreation Area.--Nothing in this Act affects
the application of the Northwest Forest Plan or part 294 of title 36,
Code of Federal Regulations (commonly referred to as the `Roadless
Rule') (as in effect on the date of enactment of this subsection), to
portions of the recreation area in the State of Oregon that are subject
to the plan and those regulations as of the date of enactment of this
subsection.
``(h) Protection of Tribal Rights.--
``(1) In general.--Nothing in this Act diminishes any right
of an Indian Tribe.
``(2) Memorandum of understanding.--The Secretary shall
seek to enter into a memorandum of understanding with
applicable Indian Tribes with respect to--
``(A) providing the Indian Tribes with access to
the portions of the recreation area in the State of
Oregon to conduct historical and cultural activities,
including the procurement of noncommercial forest
products and materials for traditional and cultural
purposes; and
``(B) the development of interpretive information
to be provided to the public on the history of the
Indian Tribes and the use of the recreation area by the
Indian Tribes.''.
(d) Acquisition.--Section 6(a) of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
(1) in the fourth sentence, by striking ``All lands'' and
inserting the following:
``(4) Applicable law.--All land'';
(2) in the third sentence--
(A) by striking ``The Secretary'' and inserting the
following:
``(3) Method of acquisition.--The Secretary'';
(B) by striking ``or any of its political
subdivisions'' and inserting ``, the State of Oregon,
or any political subdivision of the State of California
or the State of Oregon''; and
(C) by striking ``donation or'' and inserting
``purchase, donation, or'';
(3) in the second sentence, by striking ``In exercising''
and inserting the following:
``(2) Consideration of offers by secretary.--In
exercising'';
(4) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary''; and
(5) by adding at the end the following:
``(5) Acquisition of cedar creek parcel.--On the adoption
of a resolution by the State Land Board of Oregon and subject
to available funding, the Secretary shall acquire all right,
title, and interest in and to the approximately 555 acres of
land known as the `Cedar Creek Parcel' located in sec. 16, T.
41 S., R. 11 W., Willamette Meridian.''.
(e) Fish and Game.--Section 7 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
(1) in the first sentence, by inserting ``or the State of
Oregon'' after ``State of California''; and
(2) in the second sentence, by inserting ``or the State of
Oregon, as applicable'' after ``State of California''.
(f) Management Planning.--Section 9 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-7) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(a) Revision of Management Plan.--The Secretary''; and
(2) by adding at the end the following:
``(b) Smith River National Recreation Area Management Plan
Revision.--As soon as practicable after the date of the first revision
of the forest plan after the date of enactment of this subsection, the
Secretary shall revise the management plan for the recreation area--
``(1) to reflect the expansion of the recreation area into
the State of Oregon under the Smith River National Recreation
Area Expansion Act; and
``(2) to include an updated recreation action schedule to
identify specific use and development plans for the areas
described in the map entitled `Proposed Additions to the Smith
River National Recreation Area' and dated January 23, 2023.''.
(g) Streamside Protection Zones.--Section 11(b) of the Smith River
National Recreation Area Act (16 U.S.C. 460bbb-8(b)) is amended by
adding at the end the following:
``(24) Each of the river segments described in subparagraph
(B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(92)).''.
(h) State and Local Jurisdiction and Assistance.--Section 12 of the
Smith River National Recreation Area Act (16 U.S.C. 460bbb-9) is
amended--
(1) in subsection (a), by striking ``California or any
political subdivision thereof'' and inserting ``California, the
State of Oregon, or a political subdivision of the State of
California or the State of Oregon'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``California or its political subdivisions''
and inserting ``California, the State of Oregon, or a political
subdivision of the State of California or the State of
Oregon''; and
(3) in subsection (c), in the first sentence--
(A) by striking ``California and its political
subdivisions'' and inserting ``California, the State of
Oregon, and any political subdivision of the State of
California or the State of Oregon''; and
(B) by striking ``State and its political
subdivisions'' and inserting ``State of California, the
State of Oregon, and any political subdivision of the
State of California or the State of Oregon''.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
(a) North Fork Smith Additions, Oregon.--
(1) Finding.--Congress finds that the source tributaries of
the North Fork Smith River in the State of Oregon possess
outstandingly remarkable wild anadromous fish and prehistoric,
cultural, botanical, recreational, and water quality values.
(2) Designation.--Section 3(a)(92) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
(A) in subparagraph (B), by striking ``scenic'' and
inserting ``wild'';
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``The 13-mile'' and
inserting the following:
``(A) In general.--The 13-mile''; and
(D) by adding at the end the following:
``(B) Additions.--The following segments of the
source tributaries of the North Fork Smith River, to be
administered by the Secretary of Agriculture in the
following classes:
``(i) The 13.26-mile segment of Baldface
Creek from its headwaters, including all
perennial tributaries, to the confluence with
the North Fork Smith in T. 39 S., R 10 W., T.
40 S., R. 10 W., and T. 41 S., R. 11 W.,
Willamette Meridian, as a wild river.
``(ii) The 3.58-mile segment from the
headwaters of Taylor Creek to the confluence
with Baldface Creek, as a wild river.
``(iii) The 4.38-mile segment from the
headwaters of the unnamed tributary to Biscuit
Creek and the headwaters of Biscuit Creek to
the confluence with Baldface Creek, as a wild
river.
``(iv) The 2.27-mile segment from the
headwaters of Spokane Creek to the confluence
with Baldface Creek, as a wild river.
``(v) The 1.25-mile segment from the
headwaters of Rock Creek to the confluence with
Baldface Creek, flowing south from sec. 19, T.
40 S., R. 10 W., Willamette Meridian, as a wild
river.
``(vi) The 1.31-mile segment from the
headwaters of the unnamed tributary number 2 to
the confluence with Baldface Creek, flowing
north from sec. 27, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(vii) The 3.6-mile segment from the 2
headwaters of the unnamed tributary number 3 to
the confluence with Baldface Creek, flowing
south from secs. 9 and 10, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(viii) The 1.57-mile segment from the
headwaters of the unnamed tributary number 4 to
the confluence with Baldface Creek, flowing
north from sec. 26, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(ix) The 0.92-mile segment from the
headwaters of the unnamed tributary number 5 to
the confluence with Baldface Creek, flowing
north from sec. 13, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(x) The 4.90-mile segment from the
headwaters of Cedar Creek to the confluence
with North Fork Smith River, as a wild river.
``(xi) The 2.38-mile segment from the
headwaters of Packsaddle Gulch to the
confluence with North Fork Smith River, as a
wild river.
``(xii) The 2.4-mile segment from the
headwaters of Hardtack Creek to the confluence
with North Fork Smith River, as a wild river.
``(xiii) The 2.21-mile segment from the
headwaters of the unnamed creek to the
confluence with North Fork Smith River, flowing
east from sec. 29, T. 40 S., R. 11 W.,
Willamette Meridian, as a wild river.
``(xiv) The 3.06-mile segment from the
headwaters of Horse Creek to the confluence
with North Fork Smith River, as a wild river.
``(xv) The 2.61-mile segment of Fall Creek
from the Oregon State border to the confluence
with North Fork Smith River, as a wild river.
``(xvi)(I) Except as provided in subclause
(II), the 4.57-mile segment from the headwaters
of North Fork Diamond Creek to the confluence
with Diamond Creek, as a wild river.
``(II) Notwithstanding subclause (I), the
portion of the segment described in that
subclause that starts 100 feet above Forest
Service Road 4402 and ends 100 feet below
Forest Service Road 4402 shall be administered
as a scenic river.
``(xvii) The 1.02-mile segment from the
headwaters of Diamond Creek to the Oregon State
border in sec. 14, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(xviii) The 1.14-mile segment from the
headwaters of Acorn Creek to the confluence
with Horse Creek, as a wild river.
``(xix) The 8.58-mile segment from the
headwaters of Chrome Creek to the confluence
with North Fork Smith River, as a wild river.
``(xx) The 2.98-mile segment from the
headwaters Chrome Creek tributary number 1 to
the confluence with Chrome Creek, 0.82 miles
upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing south from sec.
15, T. 40 S., R. 11 W., Willamette Meridian, as
a wild river.
``(xxi) The 2.19-mile segment from the
headwaters of Chrome Creek tributary number 2
to the confluence with Chrome Creek, 3.33 miles
upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing south from sec.
12, T. 40 S., R. 11 W., Willamette Meridian, as
a wild river.
``(xxii) The 1.27-mile segment from the
headwaters of Chrome Creek tributary number 3
to the confluence with Chrome Creek, 4.28 miles
upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing north from sec.
18, T. 40 S., R. 10 W., Willamette Meridian, as
a wild river.
``(xxiii) The 2.27-mile segment from the
headwaters of Chrome Creek tributary number 4
to the confluence with Chrome Creek, 6.13 miles
upstream from the mouth of Chrome Creek,
flowing south from Chetco Peak in the
Kalmiopsis Wilderness in sec. 36, T. 39 S., R.
11 W., Willamette Meridian, as a wild river.
``(xxiv) The 0.6-mile segment from the
headwaters of Wimer Creek to the border between
the States of Oregon and California, flowing
south from sec. 17, T. 41 S., R. 10 W.,
Willamette Meridian, as a wild river.''.
(b) Expansion of Smith River, Oregon.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(111) and inserting the following:
``(111) Smith river, california and oregon.--The segment
from the confluence of the Middle Fork Smith River and the
North Fork Smith River to the Six Rivers National Forest
boundary, including the following segments of the mainstem and
certain tributaries, to be administered by the Secretary of
Agriculture in the following classes:
``(A) Mainstem.--The segment from the confluence of
the Middle Fork Smith River and the South Fork Smith
River to the Six Rivers National Forest boundary, as a
recreational river.
``(B) Rowdy creek.--
``(i) Upper.--The segment from and
including the headwaters to the California-
Oregon State line, as a wild river.
``(ii) Lower.--The segment from the
California-Oregon State line to the Six Rivers
National Forest boundary, as a recreational
river.''.
<all>
</pre></body></html>
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118S1620 | Fort Gillem Defense Forensics Enhancement Act of 2023 | [
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"sponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1620 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1620
To amend the Military Construction Authorization Act for Fiscal Year
2021 to extend the authorization for a construction project at Fort
Gillem, Georgia.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Ossoff (for himself and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Military Construction Authorization Act for Fiscal Year
2021 to extend the authorization for a construction project at Fort
Gillem, Georgia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Gillem Defense Forensics
Enhancement Act of 2023''.
SEC. 2. EXTENSION OF AUTHORITY TO CARRY OUT FORT GILLEM FORENSIC
LABORATORY PROJECT.
Notwithstanding section 2002 of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public Law 116-
283; 134 Stat. 4294), the authorization set forth in section 2101(a) of
that Act (134 Stat. 4295) for Fort Gillem, Georgia, shall remain in
effect until October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2025,
whichever is later.
<all>
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118S1621 | Military Mental Health Professionals Support Act of 2023 | [
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1621 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1621
To provide for an exemption from authorized strength limitations for
licensed behavioral health providers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Ossoff (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To provide for an exemption from authorized strength limitations for
licensed behavioral health providers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Mental Health Professionals
Support Act of 2023''.
SEC. 2. EXEMPTION OF LICENSED BEHAVIORAL HEALTH PROVIDERS FROM
AUTHORIZED STRENGTH LIMITATIONS.
Section 523(b)(3) of title 10, United States Code, is amended by
inserting ``, including licensed behavioral health providers'' after
``Medical officers''.
<all>
</pre></body></html>
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118S1622 | End Speculative Oil and Gas Leasing Act of 2023 | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1622 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1622
To discourage speculative oil and gas leasing and to promote enhanced
multiple use management of public land and National Forest System land,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To discourage speculative oil and gas leasing and to promote enhanced
multiple use management of public land and National Forest System 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 ``End Speculative Oil and Gas Leasing
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Federal land should be managed for multiple uses,
resources, and values, including recreation use, grazing use,
timber resources, mineral resources, watershed management,
wildlife and fish habitat, and natural, scenic, scientific, and
historic values;
(2) section 17(a) of the Mineral Leasing Act (30 U.S.C.
226(a)) authorizes the Secretary of the Interior to offer for
lease only land that is ``known or believed to contain oil or
gas deposits'';
(3)(A) in determining whether a parcel of Federal land
should be made available for oil and gas leasing and
development, and in offering such a parcel for sale, the
Secretary does not meaningfully take into consideration the oil
and gas development potential of that parcel; and
(B) as a result, the Secretary regularly offers and leases
for oil and gas development Federal land that has no or low
potential for the development of oil and gas resources
(referred to in this section as ``no- or low-potential Federal
land'');
(4)(A) no- or low-potential Federal land is frequently
leased for or near the minimum lease bid and rarely produce oil
or gas resources; and
(B) as a result, taxpayers in the United States receive
minimal revenue from the leasing of no- or low-potential
Federal land;
(5) making no- or low-potential Federal land available for
oil and gas leasing can result in leases being obtained for
speculative purposes;
(6) the Secretary wastes taxpayer resources in issuing and
managing leases on no- or low-potential Federal land;
(7) no- or low-potential Federal land frequently supports
other economically important uses, resources, and values
including the uses, resources, and values described in
paragraph (1);
(8) the existence of leases on no- and low-potential
Federal land can and does limit the ability of the Secretary to
support and enhance the uses, resources, and values described
in paragraph (1); and
(9) meaningful public participation in leasing decisions is
essential and can help to ensure that the decisions of the
Secretary are well-informed and based on current and reliable
information and data.
SEC. 3. POLICY.
In accordance with Federal multiple use land management goals, it
is the policy of the United States that--
(1) the Secretary--
(A) shall not, absent exceptional circumstances,
offer for lease any Federal land that has low or no
potential for the development of oil and gas resources;
(B) shall discourage speculation in the Federal
onshore oil and gas leasing program; and
(C) by not offering for lease Federal land
described in subparagraph (A), shall conserve limited
Federal resources that can be better applied elsewhere;
and
(2) the policies described in paragraph (1) are in keeping
with, and are not detrimental to, the energy security of the
United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Drainage.--The term ``drainage'' means the migration of
hydrocarbons, inert gases (other than helium), or associated
resources caused by production from other wells.
(2) Federal land.--The term ``Federal land'' means--
(A) public land; and
(B) National Forest System land.
(3) Land use plan.--The term ``land use plan'' means--
(A) a land use plan required under sections 201 and
202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1711, 1712), including any resource
management plan (as defined in section 1601.0-5 of
title 43, Code of Federal Regulations (or successor
regulations)); and
(B) a land and resource management plan developed
by the Secretary of Agriculture pursuant to section 6
of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(4) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(5) Reasonably foreseeable development scenario.--The term
``reasonably foreseeable development scenario'' has the meaning
given the term in the handbook of the Bureau of Land Management
entitled ``H--1624-1--Planning for Fluid Mineral Resources''
(as in effect on the date of enactment of this Act) and issued
pursuant to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 5. FEDERAL LAND COVERED BY REASONABLY FORESEEABLE DEVELOPMENT
SCENARIO ISSUED BEFORE DATE OF ENACTMENT.
(a) In General.--With respect to Federal land otherwise available
for leasing of oil and gas resources pursuant to the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is covered by a reasonably
foreseeable development scenario issued before the date of enactment of
this Act, except as provided in subsection (b), the Secretary shall not
offer the Federal land for lease unless the reasonably foreseeable
development scenario for that land includes an assessment of the oil
and gas development potential of that land that specifically identifies
the potential for all acres subject to decisions on availability for
leasing.
(b) Exception for Drainage.--
(1) In general.--The Secretary may offer for lease any
Federal land described in subsection (a) without meeting the
requirements of that subsection if--
(A) the Federal land is adjacent to and within 1
mile of a well producing oil and gas in paying
quantities on the date on which the land is offered for
leasing;
(B)(i) the lease is issued for the purpose of
preventing drainage from the adjacent land and the
Secretary has determined that an economic well can be
drilled; or
(ii) the land is included in a State spacing unit;
and
(C) the Federal land does not exceed 1280 acres.
(2) Requirement.--A lease issued under paragraph (1) shall
be consistent with the applicable land use plan and all other
applicable law.
SEC. 6. FEDERAL LAND NOT COVERED BY CURRENT REASONABLY FORESEEABLE
DEVELOPMENT SCENARIO.
(a) In General.--
(1) In general.--Except as provided in subsection (c), if
the Secretary determines that Federal land otherwise available
for leasing of oil and gas resources pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act
for Acquired Lands (30 U.S.C. 351 et seq.) is not covered by a
reasonably foreseeable development scenario issued in
accordance with this subsection or section 5(a), the Secretary,
in cooperation with the Secretary of Agriculture with respect
to National Forest System land, shall complete such a
reasonably foreseeable development scenario prior to making the
Federal land available for lease.
(2) Requirements.--Any reasonably foreseeable development
scenario issued on or after the date of enactment of this Act
shall, at a minimum--
(A) assess and designate all Federal land covered
by the reasonably foreseeable development scenario as
having high, moderate, low, or no potential for
development of oil and gas resources; and
(B) publish a map depicting the covered Federal
land and the development potential for that Federal
land designated under subparagraph (A).
(3) Factors.--
(A) In general.--In completing a reasonably
foreseeable development scenario for Federal land, the
Secretary shall take into consideration all relevant
and available information, including--
(i) past and present exploration and
development activity in the vicinity, including
historic trends;
(ii) for each lease in the vicinity, the
number, location, and types of wells drilled,
the representative depth of wells drilled, the
number and location of dry holes, the success
ratio for wells drilled, and the location,
production history, and life expectancy of
producing fields;
(iii) geological, geophysical, and
geochemical information for the Federal land,
including data and information from the United
States Geological Survey, the Department of
Energy, State agencies, industry, professional
societies, academic sources, and the public;
(iv) structural and stratigraphic data and
information relating to basins, fields, and
plays on the Federal land; and
(v) data and information on the likelihood
that economically recoverable oil and gas
resources are present in a given area,
including information submitted by experts and
the public.
(B) Explanation of factors.--The Secretary shall
document how each factor described in subparagraph (A)
and any other factors considered by the Secretary
support the designation of the potential for
development of oil and gas resources on the Federal
land.
(4) Opportunity for public participation.--In developing a
reasonably foreseeable development scenario under this
subsection, the Secretary shall--
(A) notify the public that the reasonably
foreseeable development scenario is being initiated;
(B) publish a request for information for the
reasonably foreseeable development scenario;
(C) release a draft version of the reasonably
foreseeable development scenario for a public review
and comment for a period of not less than 60 days; and
(D) consider and respond to public comments in the
final version of the reasonably foreseeable development
scenario.
(b) Regular Update.--
(1) In general.--Not later than 15 years after the date of
enactment of this Act, and not less frequently than every 15
years thereafter, the Secretary, consistent with subsection (a)
and in cooperation with the Secretary of Agriculture with
respect to National Forest System land, shall review and update
all reasonably foreseeable development scenarios covering
Federal land.
(2) Prohibition.--Except as provided in subsection (c), the
Secretary shall not offer for lease any Federal land otherwise
available for leasing of oil and gas resources pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) unless
the Secretary has updated the reasonably foreseeable
development scenario covering that Federal land in accordance
with paragraph (1).
(c) Exception for Drainage.--
(1) In general.--The Secretary may offer for lease any
Federal land otherwise available for leasing of oil and gas
resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et
seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351 et seq.) without completing or updating a reasonably
foreseeable development scenario for that land under subsection
(a) or (b), as applicable, if--
(A) the Federal land is adjacent to and within 1
mile of a well producing oil and gas in paying
quantities on the date on which the land is offered for
leasing;
(B)(i) the lease is issued for the purpose of
preventing drainage from the adjacent land and the
Secretary has determined that an economic well can be
drilled; or
(ii) the land is included in a State spacing unit;
and
(C) the Federal land does not exceed 1280 acres.
(2) Requirement.--A lease issued under paragraph (1) shall
be consistent with the applicable land use plan and all other
applicable law.
SEC. 7. LAND HAVING NO OR LOW DEVELOPMENT POTENTIAL UNDER A REASONABLY
FORESEEABLE DEVELOPMENT SCENARIO.
(a) In General.--Except as provided in subsections (b) and (c), the
Secretary shall not offer for lease any Federal land otherwise
available for leasing of oil and gas resources pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for
Acquired Lands (30 U.S.C. 351 et seq.) if the Federal land is
designated in the applicable reasonably foreseeable development
scenario as having low or no potential for development of oil or gas
resources.
(b) Exception for Drainage.--
(1) In general.--The Secretary may offer for lease any
Federal land described in subsection (a) if--
(A) the Federal land is adjacent to and within 1
mile of a well producing oil and gas in paying
quantities on the date on which the land is offered for
leasing;
(B)(i) the lease is issued for the purpose of
preventing drainage from the adjacent land and the
Secretary has determined that an economic well can be
drilled; or
(ii) the land is included in a State spacing unit;
and
(C) the Federal land does not exceed 1280 acres.
(2) Requirement.--A lease issued under paragraph (1) shall
be consistent with the applicable land use plan and all other
applicable law.
(c) Variance Process.--
(1) In general.--An entity seeking to lease Federal land
described in subsection (a) for purposes other than the purpose
described in subsection (b)(1)(B)(i) may submit to the
Secretary an application for a variance under which the
applicant shall bear the full burden of establishing and
documenting that providing a variance for the Federal land
would--
(A) be consistent with decisions contained in the
land use plan in effect for the Federal land;
(B) affect only areas--
(i) with low wildlife, recreation,
livestock, and other multiple-use resource
values; and
(ii) where impacts to those values arising
from the variance can be mitigated;
(C) optimize the use of existing infrastructure and
avoid duplication of infrastructure and disruption of
public land;
(D) minimize adverse impacts on fish and wildlife
habitats and migration and movement corridors in nearby
areas;
(E) cause no significant effects on species listed
as endangered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
or the habitats of those species;
(F) cause no cumulative impacts on air or water
resources of concern that cannot be avoided or
minimized;
(G) cause no adverse impacts on--
(i) units of the National Park System;
(ii) units of the National Wildlife Refuge
System;
(iii) areas of critical environmental
concern;
(iv) components of the National Wilderness
Preservation System; or
(v) other special status areas, including
State and local parks and wildlife and
recreation areas; and
(H) allow the Federal land to be developed in the
public interest.
(2) Opportunity for public participation.--
(A) In general.--On receipt of an application for a
variance under paragraph (1), the Secretary shall--
(i) promptly notify the public that the
application has been received; and
(ii) provide the public with an opportunity
to review and comment on the application,
including any supporting documents, for a
period of not less than 60 days.
(B) Response.--The Secretary shall consider and
respond in writing to any public comments received
under subparagraph (A)(ii) before making a
determination under paragraph (3)(A).
(3) Granting of variance.--The Secretary may grant a
variance for Federal land described in subsection (a) pursuant
to an application submitted under paragraph (1), and offer that
Federal land for lease, if--
(A) the Secretary publishes in the Federal Register
a determination that--
(i) the applicant met the burden of
establishing and documenting that the variance
would meet the requirements described in
paragraph (1);
(ii) offering the Federal land for lease--
(I) would not preclude the use of
the Federal land for other uses,
including grazing, fish and wildlife,
and recreation uses; and
(II) would be managed in accordance
with the principles of multiple use (as
defined in section 103 of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1702)); and
(iii) the variance is in the public
interest; and
(B) the Federal land--
(i) is adjacent to land currently producing
oil or gas in commercial quantities on the date
on which the variance is granted; and
(ii) does not exceed 1280 acres.
(4) Requirement.--A lease issued under paragraph (3) shall
be consistent with the applicable land use plan and all other
applicable law.
(5) Limitation.--The Secretary shall not grant more than 1
variance under this subsection per 5-year period to an
applicant or to an entity under common ownership or control
with the applicant.
SEC. 8. EFFECT.
(a) Multiple Use Considerations.--Nothing in this Act, including a
determination under a reasonably foreseeable development scenario
issued pursuant to this Act that Federal land has high or moderate
potential for development of oil and gas resources, alters--
(1) the requirements under section 202(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) that
prior to offering for lease any public land otherwise available
for leasing of oil and gas resources pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act
for Acquired Lands (30 U.S.C. 351 et seq.), the Secretary shall
consider and weigh the multiple use and sustained yield values
of the public land;
(2) the requirements of subsections (b) and (e) of section
6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604) that prior to offering for lease any
National Forest System land otherwise available for leasing of
oil and gas resources pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.), the Secretary of Agriculture
shall consider and weigh the multiple use and sustained yield
values of the National Forest System land; or
(3) any other applicable requirements of law.
(b) NEPA.--Nothing in this Act modifies, alters, or impacts the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) to the leasing of Federal land by the Secretary.
<all>
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118S1623 | Fort Gordon Child Development Center Expansion Act | [
[
"O000174",
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"sponsor"
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[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1623 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1623
To extend the authority of the Department of the Army to carry out a
child development center project in Fort Gordon, Georgia.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Ossoff (for himself and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To extend the authority of the Department of the Army to carry out a
child development center project in Fort Gordon, Georgia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Gordon Child Development Center
Expansion Act''.
SEC. 2. EXTENSION OF AUTHORITY TO CARRY OUT FORT GORDON CHILD
DEVELOPMENT CENTER PROJECT.
(a) In General.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorization under section
2865 of that Act (10 U.S.C. 2802 note) for the project described in
subsection (b) in Fort Gordon, Georgia, shall remain in effect until
October 1, 2024, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2025, whichever is
later.
(b) Project Described.--The project described in this subsection is
the following:
Army: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Georgia.................................. Fort Gordon................ Child Development Center... $21,000,000
----------------------------------------------------------------------------------------------------------------
<all>
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118S1624 | Gabriella Miller Kids First Research Act 2.0 | [
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"sponsor"
],
[
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"Sen. Moran, Jerry [R-KS]",
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[
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[
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[
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"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
]
] | <p><b>Gabriella Miller Kids First Research Act 2.0</b></p> <p>This bill modifies funding for, and requires reporting about, a pediatric disease research initiative within the National Institutes of Health (NIH).</p> <p>Currently, this initiative receives funding through FY2023 from the 10-Year Pediatric Research Initiative Fund.</p> <p>This bill directs certain penalties assessed by the Securities and Exchange Commission against pharmaceutical companies for specified violations to that fund. Additionally, the NIH must prioritize pediatric research that does not duplicate existing research activities when making allocations from the fund.</p> <p>The bill also requires the Department of Health and Human Services to report to Congress about the research projects funded through the initiative.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1624 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1624
To require certain civil penalties to be transferred to a fund through
which amounts are made available for the Gabriella Miller Kids First
Pediatric Research Program at the National Institutes of Health, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Kaine (for himself, Mr. Moran, Mr. Heinrich, Mr. Rubio, Ms. Smith,
Mr. Daines, Mr. Welch, Mrs. Capito, Mr. Budd, Mr. Warner, and Mr. Van
Hollen) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require certain civil penalties to be transferred to a fund through
which amounts are made available for the Gabriella Miller Kids First
Pediatric Research Program at the National Institutes of Health, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gabriella Miller Kids First Research
Act 2.0''.
SEC. 2. TRANSFER OF FUNDS TO THE PEDIATRIC RESEARCH INITIATIVE.
Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-
1) is amended by adding at the end the following:
``(h) Transfer of Amounts.--
``(1) In general.--Except as provided under section 21F,
the Secretary of the Treasury shall transfer to the Pediatric
Research Initiative Fund described in section 9008(i)(2) of the
Internal Revenue Code of 1986 (referred to in this subsection
as the `Fund'), an amount equal to the sum of all civil
monetary sanctions, including penalties, disgorgement, and
interest, recovered with respect to violations of this section
and section 13(b)(2) from persons--
``(A) registered under subsection (b)(1) or
(i)(1)(A)(i) of section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360);
``(B) registered under subsection (b)(2) or
(i)(1)(A)(ii) of section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360);
``(C) that produce, manufacture, sell, transport,
or distribute dietary supplements (as defined in
section 201(ff) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(ff))); or
``(D) that produce, manufacture, sell, transport,
or distribute cosmetics (as defined in section 201(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(i))).
``(2) Exception for funds to be paid to harmed investors.--
Paragraph (1) shall not apply to any monetary sanction
collected by the Commission in any judicial or administrative
action brought by the Commission under the securities laws that
is added to a disgorgement fund or other fund under section 308
of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246).
``(3) Application.--Amounts transferred to the Fund under
this subsection shall be--
``(A) transferred in the manner described in
section 9601 of the Internal Revenue Code of 1986; and
``(B) available as described in section 9008(i)(2)
of such Code.''.
SEC. 3. FUNDING FOR THE PEDIATRIC RESEARCH INITIATIVE.
(a) In General.--Section 402A(a)(2) of the Public Health Service
Act (42 U.S.C. 282a(a)(2)) is amended--
(1) in the paragraph heading, by striking ``10-year'';
(2) by striking ``the Common Fund'' and inserting ``the
Division of Program Coordination, Planning, and Strategic
Initiatives'';
(3) by striking ``10-Year''; and
(4) by inserting before the period the following: ``, and
amounts transferred into the Pediatric Research Initiative Fund
under subsection (h) of section 30A of the Securities Exchange
Act of 1934 (15 U.S.C. 78dd-1)''.
(b) NIH Director.--Section 402(b)(7)(B)(ii) of the Public Health
Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by striking ``the
Common Fund'' and inserting ``the Division of Program Coordination,
Planning, and Strategic Initiatives''.
(c) Use of Amounts for Initiative.--Section 9008(i)(2) of the
Internal Revenue Code of 1986 is amended by striking ``10-year''.
SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the National Institutes of Health should oversee and
coordinate research that is conducted or supported by the National
Institutes of Health for research on pediatric cancer and other
pediatric diseases and conditions, including through the Pediatric
Research Initiative Fund.
(b) Avoiding Duplication.--Section 402(b)(7)(B)(ii) of the Public
Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended--
(1) by striking ``grants'' and inserting ``awards''; and
(2) by inserting ``and shall prioritize such pediatric
research that does not duplicate existing research activities
of the National Institutes of Health'' before ``; and''.
SEC. 5. REPORT ON PROGRESS AND INVESTMENTS IN PEDIATRIC RESEARCH.
Not later than 4 years after the date of the enactment of this Act,
the Secretary of Health and Human Services 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 that--
(1) details pediatric research projects and initiatives
receiving funds allocated pursuant to section 402(b)(7)(B)(ii)
of the Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii));
and
(2) summarizes advancements made in pediatric research with
funds allocated pursuant to section 402(b)(7)(B)(ii) of the
Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)).
<all>
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118S1625 | HITS Act | [
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] | <p><b>Help Independent Tracks Succeed Act or the HITS Act</b></p> <p>This bill permits taxpayers to treat as currently deductible expenses the cost of qualified sound recording productions not exceeding $150,000 in a taxable year. The bill defines <i>qualified sound recording production</i> as certain sound recordings produced and recorded in the United States. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1625 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1625
To amend the Internal Revenue Code of 1986 to provide for an election
to expense certain qualified sound recording costs otherwise chargeable
to capital account.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mrs. Feinstein (for herself and Mrs. Blackburn) 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 an election
to expense certain qualified sound recording costs otherwise chargeable
to capital account.
Be it enacted by the Senate 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 Independent Tracks Succeed
Act'' or the ``HITS Act''.
SEC. 2. TREATMENT OF CERTAIN QUALIFIED SOUND RECORDING PRODUCTIONS.
(a) Election To Treat Costs as Expenses.--Section 181(a)(1) of the
Internal Revenue Code of 1986 is amended by striking ``qualified film
or television production, and any qualified live theatrical
production,'' and inserting ``qualified film or television production,
any qualified live theatrical production, and any qualified sound
recording production''.
(b) Dollar Limitation.--Section 181(a)(2) of such Code is amended
by adding at the end the following new paragraph:
``(C) Qualified sound recording production.--
Paragraph (1) shall not apply to so much of the
aggregate cost of any qualified sound recording
production, or to so much of the aggregate, cumulative
cost of all such qualified sound recording productions
in the taxable year, as exceeds $150,000.''.
(c) No Other Deduction or Amortization Deduction Allowable.--
Section 181(b) of such Code is amended by striking ``qualified film or
television production or any qualified live theatrical production'' and
inserting ``qualified film or television production, any qualified live
theatrical production, or any qualified sound recording production''.
(d) Election.--Section 181(c)(1) of such Code is amended by
striking ``qualified film or television production or any qualified
live theatrical production'' and inserting ``qualified film or
television production, any qualified live theatrical production, or any
qualified sound recording production''.
(e) Qualified Sound Recording Production Defined.--Section 181 of
such Code is amended by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively, and by inserting after
subsection (e) the following new subsection:
``(f) Qualified Sound Recording Production.--For purposes of this
section, the term `qualified sound recording production' means a sound
recording (as defined in section 101 of title 17, United States Code)
produced and recorded in the United States.''.
(f) Bonus Depreciation.--
(1) Qualified sound recording production as qualified
property.--Section 168(k)(2)(A)(i) of such Code is amended--
(A) by striking ``or'' at the end of subclause
(IV), by adding ``or'' at the end of subclause (V), and
by inserting after subclause (V) the following:
``(VI) which is a qualified sound
recording production (as defined in
subsection (f) of section 181) for
which a deduction would have been
allowable under section 181 without
regard to subsections (a)(2) and (h) of
such section or this subsection,''; and
(B) in subclauses (IV) and (V) (as amended) by
striking ``without regard to subsections (a)(2) and
(g)'' both places it appears and inserting ``without
regard to subsections (a)(2) and (h)''.
(2) Production placed in service.--Section 168(k)(2)(H) of
such Code is amended by striking ``and'' at the end of clause
(i), by striking the period at the end of clause (ii) and
inserting ``, and'', and by adding after clause (ii) the
following:
``(iii) a qualified sound recording
production shall be considered to be placed in
service at the time of initial release or
broadcast.''.
(g) Conforming Amendments.--
(1) The heading for section 181 of such Code is amended to
read as follows: ``treatment of certain qualified
productions.''.
(2) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 181 and inserting the following new item:
``Sec. 181. Treatment of certain qualified productions.''.
(h) Effective Date.--The amendments made by this section shall
apply to productions commencing in taxable years ending after the date
of the enactment of this Act.
<all>
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118S1626 | ASK Act | [
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1626 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1626
To require the Federal Communications Commission, in consultation with
the Federal Trade Commission, to issue rules prohibiting entities from
offering minor consumers artificial intelligence features in the
products of those entities without parental consent, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To require the Federal Communications Commission, in consultation with
the Federal Trade Commission, to issue rules prohibiting entities from
offering minor consumers artificial intelligence features in the
products of those entities without parental consent, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AI Shield for Kids Act'' or the
``ASK Act''.
SEC. 2. ISSUANCE OF RULES.
(a) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note).
(2) Minor.--The term ``minor'' means an individual who is
younger than 18 years of age.
(3) Product.--The term ``product'' includes a program,
service, application, or other product.
(4) User.--The term ``user'' means an individual who is a
user or customer with respect to a product offered or operated
by an entity.
(b) Issuance of Rules.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission, in
consultation with the Federal Trade Commission, shall issue rules that
provide that, with respect to any product offered or operated by an
entity--
(1) the entity may not offer to a minor user of the product
any artificial intelligence feature, including an artificial
intelligence chat feature, as part of the product unless a
parent or guardian of the minor user affirmatively grants
consent to accept that artificial intelligence feature on
behalf of the minor user;
(2) after granting consent under paragraph (1), a parent or
guardian of the applicable minor user may revoke that consent
at any time; and
(3) with respect to the revocation of consent under
paragraph (2), the entity may not charge the parent or guardian
revoking consent a fee for the removal by the entity of the
applicable artificial intelligence feature.
(c) Violations.--A violation of a rule issued under subsection (b)
shall be considered to be a violation of the Communications Act of 1934
(47 U.S.C. 151 et seq.) or a rule issued under that Act.
<all>
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118S1627 | PRECEPT Nurses Act | [
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1627 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1627
To amend the Internal Revenue Code of 1986 to create a tax credit for
nurse preceptors.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Kelly (for himself and Mrs. Blackburn) 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 create a tax credit for
nurse preceptors.
Be it enacted by the Senate 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 Real-World Education and
Clinical Experience by Precepting Tomorrow's Nurses Act'' or the
``PRECEPT Nurses Act''.
SEC. 2. CREDIT FOR NURSE PRECEPTORS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25E the following new section:
``SEC. 25F. CREDIT FOR NURSE PRECEPTORS.
``(a) In General.--In the case of any eligible nurse preceptor,
there shall be allowed as a credit against the tax imposed by this
chapter for any taxable year an amount equal to $2,000.
``(b) Definitions.--For purposes of this section, with respect to
any taxable year--
``(1) Eligible nurse preceptor.--The term `eligible nurse
preceptor' means an individual who serves not less than 200
hours during the taxable year as a nurse preceptor in a
community which is designated as a health professional shortage
area under section 332 of the Public Health Service Act. The
Secretary shall publish on an annual basis on the website of
the Internal Revenue Service a list of the areas which are so
designated.
``(2) Nurse preceptor.--The term `nurse preceptor' means a
licensed registered nurse or health care provider (as defined
in section 3000(3) of the Public Health Service Act (42 U.S.C.
300jj(3))) who provides supervision and personalized
experiential learning, training, instruction, and mentoring
opportunities in the clinical practice of nursing (as defined
by the applicable State Board of Nursing, applicable state
agency, or written agreement between the relevant academic
institution and clinical site) to a student of nursing, student
of advanced practice registered nursing, or newly hired
licensed nurse.
``(3) Relevant academic institution.--The term `relevant
academic institution' means a school of nursing (as defined in
section 801(2) of the Public Health Service Act (42 U.S.C.
296(2))) in which a student of nursing or student of advanced
practice registered nursing is enrolled.
``(4) Newly hired.--The term `newly hired' means within the
first 6 months of employment.
``(5) Minimum required hours of preceptorship.--The term
`minimum required hours of preceptorship' means 200 hours of
serving as a nurse preceptor.
``(c) Reporting Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) unless the eligible nurse preceptor has received
a certification indicating that the eligible nurse preceptor
has completed the minimum required hours of preceptorship for
the taxable year.
``(2) Contents of certification.--A certification under
paragraph (1) shall include--
``(A) a certification from the relevant partnering
academic institution stating the number of hours the
preceptor served as a nurse preceptor to a student of
nursing or student of advanced practice registered
nursing during the taxable year, or
``(B) a certification from the clinical site at
which the preceptor is employed stating the number of
hours the preceptor served as a nurse preceptor to a
newly hired nurse during the taxable year.
``(3) Multiple certifications.--A nurse preceptor may
receive multiple certifications from multiple entities under
paragraph (2) to establish the completion of the minimum
required hours of preceptorship.
``(d) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2030.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25E the
following new item:
``Sec. 25F. Credit for nurse preceptors.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
(d) Report and Evaluation.--
(1) In general.--Beginning with taxable year 2024 and
ending with taxable year 2030, the Secretary of the Treasury
(or such Secretary's delegate) shall report to the relevant
committees of Congress for each taxable year on the credit
under section 25F of the Internal Revenue Code of 1986, as
added by this section. Such report shall include--
(A) the number of taxpayers claiming such credit
for the taxable year,
(B) the total hours served and other aggregated and
averaged data on the preceptorships served by taxpayers
as an eligible nurse preceptor (as defined in section
25F(b) of such Code, as so added),
(C) the geographic distribution of taxpayers
claiming such credit for the taxable year, and
(D) such other information as determined relevant
by the Secretary (or the Secretary's delegate).
(2) Evaluation.--Not later than June 30, 2031, the
Secretary of the Treasury (or the Secretary's delegate), in
consultation with the Administrator of the Health Resources and
Services Administration, shall provide to the relevant
committees of Congress an evaluation of the effectiveness of
the credit under section 25F of the Internal Revenue Code of
1986, as added by this section, in increasing the number of
nurse preceptors in the United States.
(3) Relevant committees of congress.--For purposes of this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committee on Finance of the Senate,
(B) the Committee on Ways and Means of the House of
Representatives,
(C) the Committee on Health, Education, Labor, and
Pensions of the Senate,
(D) the Committee on Education and the Workforce of
the House of Representatives, and
(E) the Committee on Energy and Commerce of the
House of Representatives.
(e) Funding.--
(1) Determination of amount of credit allowed.--Beginning
with taxable year 2024 and ending with taxable year 2030, the
Secretary shall, subsequent to the close of such taxable year,
determine the total amount of the credit allowed under section
25F of the Internal Revenue Code of 1986 (as added by this
section) with respect to such taxable year.
(2) Transfer of expired and unused covid-19 funding.--
(A) In general.--Following any determination by the
Secretary under paragraph (1), with respect to any
amounts related to COVID-19 relief which--
(i) were appropriated under any covered
Act, and
(ii) on the date of the determination
described in such paragraph, were unobligated
and the authority to obligate or expend such
amounts has terminated,
the Secretary shall (at such time and in such manner as
the Secretary may provide) transfer a share of such
appropriated amounts into the general fund of the
Treasury of the United States in an amount equal to the
amount determined under such paragraph.
(B) Ordering.--For purposes of subparagraph (A),
amounts appropriated under any covered Act which are
described in such subparagraph shall be transferred--
(i) in the order in which the authority to
obligate or expend such amounts has terminated,
or
(ii) in the case of any amounts for which
such authority terminated on the same date, in
a pro rata manner.
(3) Definitions.--In this subsection--
(A) Covered act.--The term ``covered Act'' means
any of the following:
(i) The Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020
(Public Law 116-123; 134 Stat. 146).
(ii) The Families First Coronavirus
Response Act (Public Law 116-127; 134 Stat.
178).
(iii) The CARES Act (Public Law 116-136;
134 Stat. 281).
(iv) The Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-
139; 134 Stat. 620).
(v) Divisions M and N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260;
134 Stat. 1182).
(vi) The American Rescue Plan Act of 2021
(Public Law 117-2; 135 Stat. 4).
(B) Secretary.--The term ``Secretary'' has the
meaning given such term in section 7701(a)(11)(B) of
the Internal Revenue Code of 1986.
<all>
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118S1628 | America Grows Act of 2023 | [
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1628 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1628
To prioritize funding for an expanded and sustained national investment
in agriculture research.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Durbin (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To prioritize funding for an expanded and sustained national investment
in agriculture research.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Grows Act of 2023''.
SEC. 2. FUNDING.
(a) In General.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, to each funding recipient
described in subsection (b) for the programs, projects, and activities
of such funding recipient, the following amounts:
(1) For fiscal year 2024, the amount equal to 105 percent
of the amount of new budget authority made available in
appropriation Acts for that funding recipient for fiscal year
2023, increased by the percentage increase (if any), during
fiscal year 2023, in the Consumer Price Index for all urban
consumers published by the Bureau of Labor Statistics.
(2) For each of fiscal years 2025 through 2033, the amount
equal to 105 percent of the amount appropriated to that funding
recipient under this subsection for the previous fiscal year,
increased by the percentage increase (if any), during such
previous fiscal year, in the Consumer Price Index for all urban
consumers published by the Bureau of Labor Statistics.
(3) For fiscal year 2034, and each fiscal year thereafter,
the amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase (if any),
during such previous fiscal year, in the Consumer Price Index
for all urban consumers published by the Bureau of Labor
Statistics.
(b) Funding Recipients Described.--The funding recipients described
in this subsection are--
(1) the Agricultural Research Service;
(2) the Economic Research Service;
(3) the National Agricultural Statistics Service; and
(4) the National Institute of Food and Agriculture.
(c) Availability.--Each amount appropriated under subsection (a)
shall remain available for obligation through the last day of the
fiscal year for which such amount is appropriated.
SEC. 3. EXEMPTION FROM SEQUESTRATION.
(a) In General.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended by inserting after ``Advances to the Unemployment Trust Fund
and Other Funds (16-0327-0-1-600).'' the following:
``Appropriations made available under
section 2(a) of the America Grows Act of
2023.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or
after the date of enactment of this Act.
SEC. 4. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of this Act
shall not be entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay As-You-Go Act of 2010 (2 U.S.C.
933(d)).
(b) Senate Paygo Scorecards.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
<all>
</pre></body></html>
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118S1629 | Hatch Act Enforcement Transparency and Accountability Act | [
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1629 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1629
To amend title 5, United States Code, to increase the accountability of
the Office of Special Counsel in enforcing certain provisions of that
title vigorously, consistently, and without regard to the political
affiliation, career status, or personal characteristics of individuals
subject to those provisions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Lujan 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 increase the accountability of
the Office of Special Counsel in enforcing certain provisions of that
title vigorously, consistently, and without regard to the political
affiliation, career status, or personal characteristics of individuals
subject to those 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 ``Hatch Act Enforcement Transparency
and Accountability Act''.
SEC. 2. ADDITION OF DEFINITIONS.
(a) In General.--Subchapter II of chapter 12 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 1219a. Definitions
``In this subchapter:
``(1) Career employee.--The term `career employee' means an
individual who is--
``(A) an employee, as that term is defined in
section 7322; and
``(B) not a noncareer employee.
``(2) Covered allegation.--The term `covered allegation'
means an allegation concerning political activity prohibited
under subchapter III of chapter 73.
``(3) Noncareer employee.--The term `noncareer employee'
means an individual who is--
``(A) an employee, as defined in section 2105,
serving in a position in the executive branch; and
``(B)(i) serving in a position to which the
President appointed the individual (without regard to
whether the advice and consent of the Senate was
required with respect to that appointment), other than
an individual who is--
``(I) a member of a uniformed service, as
that term is defined in section 210(m) of the
Social Security Act (42 U.S.C. 410(m)); or
``(II) a member of the Foreign Service
serving under a career appointment, as
described in section 301 of the Foreign Service
Act of 1980 (22 U.S.C. 3941);
``(ii) a noncareer appointee, as that term is
defined in section 3132(a);
``(iii) serving in a position in a Federal
executive system that is comparable to the Senior
Executive Service, the appointment to which is not made
through merit-based procedures, such as a position in
the Transportation Security Executive Service; or
``(iv) serving in a position with respect to which
a determination has been made under section
7511(b)(2).''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 12 of title 5, United States Code, is amended
by adding at the end the following:
``1219a. Definitions.''.
SEC. 3. NOTIFYING CONGRESS IN THE EVENT OF A DECISION NOT TO
INVESTIGATE A NONCAREER EMPLOYEE.
Section 1217 of title 5, United States Code, is amended by adding
at the end the following:
``(c) Notification of Congress in the Event of Certain
Declinations.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, and once every 180 days
thereafter, the Special Counsel shall submit to the Chair and
Ranking Member of each of the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives a written
report that contains, for the period covered by the report, the
number of complaints received by the Special Counsel that the
Special Counsel referred for disciplinary action.
``(2) Contents.--Each report required under paragraph (1)
shall--
``(A) include--
``(i) a copy of the applicable complaint;
``(ii) the name and position of the
employee who is the subject of the applicable
complaint; and
``(B) be organized to indicate whether the employee
who is the subject of each complaint contained in the
report is a career employee or a noncareer employee.''.
SEC. 4. REPORTING TO CONGRESS.
(a) In General.--Section 1218 of title 5, United States Code, is
amended--
(1) in the section heading, by striking ``report'' and
inserting ``reports'';
(2) in the matter preceding paragraph (1), by striking
``The Special'' and inserting the following:
``(a) In General.--The Special''; and
(3) by adding at the end the following:
``(b) Report Regarding Allegations Against Noncareer Employees.--In
addition to each report required under subsection (a), the Special
Counsel shall submit to the Chair and Ranking Member of each committee
of jurisdiction in Congress, on an annual basis, a report regarding the
activities of the Special Counsel with respect to covered allegations
against noncareer employees and former noncareer employees, which shall
include--
``(1) for the year preceding the submission of the report,
the number of such covered allegations received by the Special
Counsel;
``(2) the number of such covered allegations that have
resulted in an investigation conducted by the Special Counsel,
whether the investigation was initiated during the year covered
by the report or thereafter; and
``(3) in a confidential addendum submitted to the Chair and
Ranking Member of each of the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives--
``(A) with respect to each such covered allegation
not investigated, the name and position of the
noncareer employee (or former noncareer employee) who
was the subject of the covered allegation; and
``(B) a description of each such covered allegation
for which processing of the covered allegation ceased
during the year covered by the report, without regard
to whether the covered allegation was received during
the year covered by the report or earlier, which shall
include--
``(i) a description of the outcome of the
covered allegation; and
``(ii) in the case of a covered allegation
against a noncareer employee who is not serving
in a position with respect to which appointment
by the President, by and with the advice and
consent of the Senate, is required (or against
a former noncareer employee who was not serving
in such a position, as of the date on which the
actions that are the subject of the covered
allegation occurred), a statement as to
whether--
``(I) the Special Counsel, under
section 1215(a), presented a complaint
to the Merit Systems Protection Board
against the noncareer employee (or
former noncareer employee) concerning
the actions that are the subject of the
covered allegation; and
``(II) any civil penalty assessed
by the Merit Systems Protection Board
under section 7326 with respect to the
covered allegation has been collected
in full.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 12 of title 5, United States Code, is amended
by striking the item relating to section 1218 and inserting the
following:
``1218. Annual reports.''.
SEC. 5. PUBLIC TRANSPARENCY IN HATCH ACT ENFORCEMENT.
Section 1219 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) a detailed written explanation of the complete basis
for each decision of the Special Counsel not to present, under
section 1215(a), a complaint to the Merit Systems Protection
Board against any noncareer employee determined by the Special
Counsel to have violated subchapter III of chapter 73, except
that this paragraph shall not apply with respect to a noncareer
employee who is serving in a position for which nomination by
the President, by and with the advice and consent of the
Senate, is required (unless such a noncareer employee is
serving in a position in the Foreign Service).'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Publication of Demographic Statistics Regarding Certain
Enforcement.--
``(1) In general.--The Special Counsel shall track,
publish, and keep current on the official website of the Office
of Special Counsel the following information, which shall
remain on that website for a period of not less than 10 fiscal
years, beginning with the fiscal year to which the information
pertains:
``(A) On an ongoing basis, the following anonymized
information pertaining to covered allegations against
career employees, which shall be organized by fiscal
year:
``(i) The number of career employees who
were the subject of covered allegations
received by the Special Counsel during the
applicable fiscal year.
``(ii) With respect to the career employees
identified under clause (i)--
``(I) the number of those career
employees who the Special Counsel
investigated, without regard to whether
the investigation occurred during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
career employee or during a subsequent
fiscal year; and
``(II) the number of those career
employees who were the subject of a
complaint presented to the Special
Counsel with the Merit Systems
Protection Board with respect to the
applicable covered allegation, without
regard to whether the Special Counsel
presented such a complaint during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
career employee or during a subsequent
fiscal year.
``(iii) For clauses (i) and (ii),
demographic information pertaining to the race,
sex, ethnicity, national origin, and disability
status of the applicable career employees.
``(B) On an ongoing basis, the following anonymized
information pertaining to covered allegations against
noncareer employees, which shall be organized by fiscal
year:
``(i) The number of noncareer employees who
were the subject of covered allegations
received by the Special Counsel during the
applicable fiscal year.
``(ii) With respect to the noncareer
employees identified under clause (i)--
``(I) the number of those noncareer
employees who the Special Counsel
investigated, without regard to whether
the investigation occurred during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
noncareer employee or during a
subsequent fiscal year; and
``(II) the number of those
noncareer employees who were the
subject of a complaint presented to the
Special Counsel with the Merit Systems
Protection Board with respect to the
applicable covered allegation, without
regard to whether the Special Counsel
presented such a complaint during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
noncareer employee or during a
subsequent fiscal year.
``(iii) For clauses (i) and (ii),
demographic information pertaining to the race,
sex, ethnicity, national origin, and disability
status of the applicable noncareer employees.
``(2) Demographic information.--The Director of the Office
of Personnel Management, the head of the agency employing an
individual who is the subject of a complaint filed with the
Special Counsel, and, as applicable, the White House
Presidential Personnel Office shall, upon request, provide the
Special Counsel with information pertaining to the race, sex,
ethnicity, national origin, disability status, and status as a
career employee or noncareer employee of that individual, if
that information has already been collected in connection with
the Federal employment or former Federal employment of that
individual.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, or of any amendment made by this Act,
or the application of any provision of this Act, or of any amendment
made by this Act, to any person or circumstance is held to be
unconstitutional, the remainder of this Act, and the amendments made by
this Act, and the application of the provision this Act, or of the
amendment made by this Act, to any other person or circumstance shall
not be affected by the holding.
<all>
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118S163 | SHORT Act | [
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] | <p><strong></strong><b>Stop Harassing Owners of Rifles Today Act or the SHORT Act</b></p> <p>This bill removes certain short-barreled rifles, short-barreled shotguns, and other weapons from the definition of a <em>firearm</em> for purposes of regulation under the National Firearms Act (NFA).</p> <p>The bill also eliminates certain restrictions that apply to the sale or transportation of such rifles and shotguns in interstate commerce. </p> <p>If a state or local registration or licensing requirement is determined by reference to the NFA, the bill treats persons who acquire or possess a short-barreled rifle, short-barreled shotgun, or other weapon in accordance with the Gun Control Act of 1968 as meeting the registration and licensing requirements. </p> <p>The bill preempts certain state or local laws that tax or regulate these rifles, shotguns, and weapons. </p> <p>The Bureau of Alcohol, Tobacco, Firearms and Explosives must destroy records relating to the registration, transfer, or manufacture of applicable weapons described by this bill within one year after the enactment of this bill.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 163 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 163
To amend the Internal Revenue Code of 1986 to remove short-barreled
rifles, short-barreled shotguns, and certain other weapons from the
definition of firearms for purposes of the National Firearms Act, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Marshall (for himself, Mr. Barrasso, Mr. Boozman, Mr. Crapo, Mr.
Cruz, Mr. Daines, Mrs. Hyde-Smith, Mr. Kennedy, Mr. Lee, Ms. Lummis,
Mr. Mullin, Mr. Paul, Mr. Risch, Mr. Rounds, Mr. Scott of Florida, Mr.
Thune, and Mr. Tuberville) 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 remove short-barreled
rifles, short-barreled shotguns, and certain other weapons from the
definition of firearms for purposes of the National Firearms Act, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Harassing Owners of Rifles
Today Act'' or the ``SHORT Act''.
SEC. 2. DEFINITION OF FIREARM.
(a) In General.--Subsection (a) of section 5845 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``(1) a shotgun'' and all that follows
through ``as defined in subsection (e);'', and
(2) by redesignating paragraphs (6) through (8) as
paragraphs (1) through (3), respectively.
(b) Shotguns Not Treated as Destructive Devices.--Section 5485(f)
of the Internal Revenue Code of 1986 is amended by striking ``except a
shotgun or shotgun shell which the Secretary finds is generally
recognized as particularly suitable for sporting purposes'' and
inserting ``except shotgun shells and any weapon that is designed to
shoot shotgun shells''.
(c) Conforming Amendment.--Section 5811(a) of the Internal Revenue
Code of 1986 is amended by striking ``, except, the transfer tax on any
firearm classified as any other weapon under section 5845(e) shall be
at the rate of $5 for each such firearm transferred''.
(d) Effective Date.--The amendment made by this section shall apply
to calendar quarters beginning more than 90 days after the date of the
enactment of this Act.
SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND
SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (a)(4)--
(A) by striking ``device,'' and inserting ``device
or''; and
(B) by striking ``short-barreled shotgun, or short-
barreled rifle,''; and
(2) in subsection (b)(4)--
(A) by striking ``device,'' and inserting ``device
or''; and
(B) by striking ``short-barreled shotgun, or short-
barreled rifle,''.
SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS,
AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL
FIREARMS ACT.
Section 5841 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(f) Requirements for Short-Barreled Rifles, Short-Barreled
Shotguns, and Other Weapons Determined by Reference.--In the case of
any registration or licensing requirement under State or local law with
respect to a short-barreled rifle, short-barreled shotgun, or any other
weapon (as defined in section 5845(e)) which is determined by reference
to the National Firearms Act, any person who acquires or possesses such
rifle, shotgun, or other weapon in accordance with chapter 44 of title
18, United States Code, shall be treated as meeting any such
registration or licensing requirement with respect to such rifle,
shotgun, or other weapon.''.
SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED
RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS.
Section 927 of title 18, United States Code, is amended--
(1) by striking ``No provision'' and inserting the
following:
``(a) In General.--No provision''; and
(2) by adding at the end the following:
``(b) Taxes on Short-Barreled Rifles, Short-Barreled Shotguns, and
Other Weapons.--Notwithstanding subsection (a), a law of a State or a
political subdivision of a State that imposes a tax, other than a
generally applicable sales or use tax, on making, transferring, using,
possessing, or transporting a short-barreled rifle, short-barreled
shotgun, or any other weapon (as that term is defined in section 5845
of the Internal Revenue Code of 1986) in or affecting interstate or
foreign commerce, or imposes a marking, recordkeeping, or registration
requirement with respect to such a rifle, shotgun, or other weapon,
shall have no force or effect.''.
SEC. 6. DESTRUCTION OF RECORDS.
(a) In General.--Not later than 365 days after the date of the
enactment of this Act, the Attorney General shall destroy--
(1) any registration of an applicable weapon maintained in
the National Firearms Registration and Transfer Record pursuant
to section 5841 of the Internal Revenue Code of 1986,
(2) any application to transfer filed under section 5812 of
such Code that identifies the transferee of an applicable
weapon, and
(3) any application to make filed under section 5822 of
such Code that identifies the maker of an applicable weapon.
(b) Applicable Weapon.--For purposes of this section, the term
``applicable weapon'' means--
(1) a rifle, or weapon made from a rifle, described in
paragraph (3) or (4) of section 5845(a) of the Internal Revenue
Code of 1986 (as in effect on the day before the enactment of
this Act),
(2) any shotgun--
(A) described in paragraph (1) or (2) of section
5845(a) of the Internal Revenue Code of 1986 (as in
effect on the day before the enactment of this Act), or
(B) treated as destructive device under 5845(f) of
such Code (as in effect on the day before the enactment
of this Act) and not so treated under such section as
in effect immediately after such date, and
(3) any other weapon, as defined in section 5845(e) of such
Code.
<all>
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118S1630 | SOAR Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1630 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1630
To modify the procedures for issuing special recreation permits for
certain public land units, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Heinrich (for himself, Mrs. Capito, Mr. Bennet, Mr. Risch, Mr.
King, Ms. Collins, Ms. Cortez Masto, Mr. Daines, Mr. Wyden, Mr. Crapo,
Mr. Tester, and Mr. Rounds) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To modify the procedures for issuing special recreation permits for
certain public land 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 as the ``Simplifying Outdoor Access for
Recreation Act'' or the ``SOAR Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial use authorization.--The term ``commercial
use authorization'' means a commercial use authorization to
provide services to visitors to units of the National Park
System under subchapter II of chapter 1019 of title 54, United
States Code.
(2) Federal land management agency.--The term ``Federal
land management agency'' has the meaning given the term in
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801).
(3) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
(4) Recreation service provider.--The term ``recreation
service provider'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 3(b)(9)).
(5) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to
land managed by the Forest Service.
(8) Special recreation permit.--The term ``special
recreation permit'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 3(b)(10)).
(9) Visitor-use day.--The term ``visitor-use day'' means a
visitor-use day, user day, launch, or other metric used by the
Secretary concerned for purposes of authorizing use under a
special recreation permit.
SEC. 3. AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT.
(a) Short Title.--The Federal Lands Recreation Enhancement Act (16
U.S.C. 6801 et seq.) is amended by striking section 801 and inserting
the following:
``SEC. 801. SHORT TITLE.
``This title may be cited as the `Federal Lands Recreation
Enhancement Act'.''.
(b) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(3) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(4) in paragraph (6), by striking ``section 5(a)(7)'' and
inserting ``section 805(a)(7)'';
(5) in paragraph (9), by striking ``section 5(d)'' and
inserting ``section 805(d)'';
(6) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
(7) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)(2)'';
(8) by redesignating paragraphs (1), (3), (4), (5), (6),
(7), (8), (9), (10), (11), and (13) as paragraphs (15), (1),
(3), (4), (5), (6), (7), (8), (11), (10), and (14),
respectively, and moving the paragraphs so as to appear in
numerical order;
(9) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Recreation service provider.--The term `recreation
service provider' means a person that provides recreational
services to the public under a special recreation permit under
clause (iii) or (iv) of paragraph (13)(A).''; and
(10) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--
``(A) In general.--The term `special recreation
permit' means a permit issued by a Federal land
management agency for the use of Federal recreational
lands and waters--
``(i) for a specialized recreational use
not described in clause (ii), (iii), or (iv),
such as--
``(I) an organizational camp;
``(II) a single event that does not
require an entry or participation fee
that is not strictly a sharing of
expenses for the purposes of the event;
and
``(III) participation by the public
in a recreation activity or recreation
use of a specific area of Federal
recreational lands and waters in which
use by the public is allocated;
``(ii) for a large-group activity or event
for not fewer than 75 participants;
``(iii) for--
``(I) at the discretion of the
Secretary, a single organized group
recreation activity or event (including
an activity or event in which motorized
recreational vehicles are used or in
which outfitting and guiding services
are used) that--
``(aa) is a structured or
scheduled event or activity;
``(bb) is not competitive
and is for fewer than 75
participants;
``(cc) may charge an entry
or participation fee;
``(dd) involves fewer than
200 visitor-use days; and
``(ee) is undertaken or
provided by the recreation
service provider at the same
site not more frequently than 3
times a year;
``(II) a single competitive event;
or
``(III) at the discretion of the
Secretary, a recurring organized group
recreation activity (including an
outfitting and guiding activity) that--
``(aa) is a structured or
scheduled activity;
``(bb) is not competitive;
``(cc) may charge a
participation fee;
``(dd) occurs in a group
size of fewer than 7
participants;
``(ee) involves fewer than
40 visitor-use days; and
``(ff) is undertaken or
provided by the recreation
service provider for a term of
not more than 180 days; or
``(iv) for--
``(I) a recurring outfitting,
guiding, or, at the discretion of the
Secretary, other recreation service,
the authorization for which is for a
term of not more than 10 years; or
``(II) a recurring outfitting,
guiding, or, at the discretion of the
Secretary, other recreation service,
that occurs under a transitional
special recreation permit authorized
under section 5(a) of the Simplifying
Outdoor Access for Recreation Act.
``(B) Exclusions.--The term `special recreation
permit' does not include--
``(i) a concession contract for the
provision of accommodations, facilities, or
services;
``(ii) a commercial use authorization
issued under section 101925 of title 54, United
States Code; or
``(iii) any other type of permit, including
a special use permit administered by the
National Park Service.''.
(c) Special Recreation Permits and Fees.--Section 803 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(3) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permits and Fees.--
``(1) Special recreation permits.--
``(A) Applications.--The Secretary--
``(i) may develop and make available to the
public an application to obtain a special
recreation permit described in clause (i) of
section 802(13)(A); and
``(ii) shall develop and make available to
the public an application to obtain a special
recreation permit described in clause (ii),
(iii), or (iv) of section 802(13)(A).
``(B) Issuance of permits.--On review of a
completed application developed under subparagraph (A),
as applicable, and a determination by the Secretary
that the applicant is eligible for the special
recreation permit, the Secretary may issue to the
applicant a special recreation permit, subject to any
terms and conditions that are determined to be
necessary by the Secretary.
``(C) Incidental sales.--A special recreation
permit issued under this paragraph may include an
authorization for sales that are incidental in nature
to the permitted use of the Federal recreational lands
and waters.
``(2) Special recreation permit fees.--
``(A) In general.--The Secretary may charge a
special recreation permit fee for the issuance of a
special recreation permit in accordance with this
paragraph.
``(B) Predetermined special recreation permit
fees.--
``(i) In general.--For purposes of
subparagraphs (D) and (E), the Secretary shall
establish and may charge a predetermined fee,
described in clause (ii), for a special
recreation permit described in clause (iii) or
(iv) of section 802(13)(A) for a specific type
of use on a unit of Federal recreational lands
and waters, consistent with the criteria set
forth in clause (iii).
``(ii) Type of fee.--A predetermined fee
described in clause (i) shall be--
``(I) a fixed fee that is assessed
per special recreation permit,
including a fee with an associated size
limitation or other criteria as
determined to be appropriate by the
Secretary; or
``(II) an amount assessed per
visitor-use day.
``(iii) Criteria.--A predetermined fee
under clause (i) shall--
``(I) have been established before
the date of enactment of the
Simplifying Outdoor Access for
Recreation Act;
``(II) be established after the
date of enactment of the Simplifying
Outdoor Access for Recreation Act in
accordance with subsection (b);
``(III)(aa) be established after
the date of enactment of the
Simplifying Outdoor Access for
Recreation Act; and
``(bb) be comparable to an amount
described in subparagraph (D)(ii) or
(E)(ii), as applicable; or
``(IV) beginning on the date that
is 2 years after the date of enactment
of the Simplifying Outdoor Access for
Recreation Act, be $6 per visitor-use
day in instances in which the Secretary
has not established a predetermined fee
under subclause (I), (II), or (III).
``(C) Calculation of fees for specialized
recreational uses and large-group activities or
events.--The Secretary may, at the discretion of the
Secretary, establish and charge a fee for a special
recreation permit described in clause (i) or (ii) of
section 802(13)(A).
``(D) Calculation of fees for single organized
group recreation activities or events, competitive
events, and certain recurring organized group
recreation activities.--If the Secretary elects to
charge a fee for a special recreation permit described
in section 802(13)(A)(iii), the Secretary shall charge
the recreation service provider, based on the election
of the recreation service provider--
``(i) the applicable predetermined fee
established under subparagraph (B); or
``(ii) an amount equal to a percentage of,
to be determined by the Secretary, but to not
to exceed 5 percent of, adjusted gross receipts
calculated under subparagraph (F).
``(E) Calculation of fees for transitional permits
and long-term permits.--Subject to subparagraph (G), if
the Secretary elects to charge a fee for a special
recreation permit described in section 802(13)(A)(iv),
the Secretary shall charge the recreation service
provider, based on the election of the recreation
service provider--
``(i) the applicable predetermined fee
established under subparagraph (B); or
``(ii) an amount equal to a percentage of,
to be determined by the Secretary, but not to
exceed 3 percent of, adjusted gross receipts
calculated under subparagraph (F).
``(F) Adjusted gross receipts.--For the purposes of
subparagraphs (D)(ii) and (E)(ii), the Secretary shall
calculate the adjusted gross receipts collected for
each trip or event authorized under a special
recreation permit, using either of the following
calculations, based on the election of the recreation
service provider:
``(i) The sum of--
``(I) the product obtained by
multiplying--
``(aa) the general amount
paid by participants of the
trip or event to the recreation
service provider for the
applicable trip or event
(excluding amounts related to
goods, souvenirs, merchandise,
gear, and additional food
provided or sold by the
recreation service provider);
and
``(bb) the quotient
obtained by dividing--
``(AA) the number
of days of the trip or
event that occurred on
Federal recreational
lands and waters
covered by the special
recreation permit,
rounded to the nearest
whole day; by
``(BB) the total
number of days of the
trip or event; and
``(II) the amount of any additional
revenue received by the recreation
service provider for an add-on activity
or an optional excursion that occurred
on the Federal recreational lands and
waters covered by the special
recreation permit.
``(ii) The difference between--
``(I) the total cost paid by the
participants of the trip or event for
the trip or event to the recreation
service provider, including any
additional revenue received by the
recreation service provider for an add-
on activity or an optional excursion
that occurred on the Federal
recreational lands and waters covered
by the special recreation permit; and
``(II) the sum of--
``(aa) the amount of any
revenues from goods, souvenirs,
merchandise, gear, and
additional food provided or
sold by the recreation service
provider to the participants of
the applicable trip or event;
``(bb) the amount of any
costs or revenues from services
and activities provided or sold
by the recreation service
provider to the participants of
the trip or event that occurred
in a location other than the
Federal recreational lands and
waters covered by the special
recreation permit (including
costs for travel and lodging
outside the Federal
recreational lands and waters
covered by the special
recreation permit); and
``(cc) the amount of any
revenues from any service
provided by a recreation
service provider for an
activity on Federal
recreational lands and waters
that is not covered by the
special recreation permit.
``(G) Exception.--Notwithstanding subparagraph (E),
the Secretary may charge a recreation service provider
a minimum annual fee for a special recreation permit
described in section 802(13)(A)(iv).
``(H) Savings clauses.--
``(i) Effect.--Nothing in this paragraph
affects any fee for--
``(I) a concession contract
administered by the National Park
Service for the provision of
accommodations, facilities, or
services; or
``(II) a commercial use
authorization for use of Federal
recreational lands and waters managed
by the National Park Service.
``(ii) Cost recovery.--Nothing in this
paragraph affects the ability of the Secretary
to recover any administrative costs under
section 13 of the Simplifying Outdoor Access
for Recreation Act.
``(iii) Special recreation permit fees and
other recreation fees.--The collection of a
special recreation permit fee under this
paragraph shall not affect the authority of the
Secretary to collect an entrance fee, a
standard amenity recreation fee, or an expanded
amenity recreation fee authorized under
subsections (e), (f), and (g).
``(3) Report and disclosure.--
``(A) Report.--
``(i) In general.--The Secretaries shall
make available to recreation service providers
and the public an annual report describing the
use of fees collected by the Secretaries under
paragraph (2).
``(ii) Requirement.--The report under
clause (i) shall include a description of how
the fees are used by each Federal land
management agency.
``(B) Disclosure.--A recreation service provider
may inform customers of any fee charged by the
Secretary under this section.''.
(d) Use of Special Recreation Permit Fee Revenue.--Section 808 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is
amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (a)(3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking ``6(a) or a
visitor reservation service.'' and inserting ``806(a)
or a visitor reservation service;''; and
(C) by adding at the end the following:
``(G) the processing of special recreation permit
applications and administration of special recreation
permits; and
``(H) the improvement of the operation of the
special recreation permit program under section
803(h).''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section 5'' and
inserting ``section 805''; and
(B) in paragraph (2), by striking ``section 5'' and
inserting ``section 805''.
(e) Permanent Authorization.--The Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801 et seq.) is amended--
(1) by striking section 810; and
(2) by redesignating sections 811 through 815 as sections
810 through 814, respectively.
SEC. 4. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) In general.--Except as provided in subparagraph
(B), in an area of Federal recreational lands and
waters in which use by recreation service providers is
allocated, if the Secretary concerned has determined
that visitor-use days are available for allocation to
recreation service providers or holders of a commercial
use authorization for outfitting and guiding, the
Secretary concerned shall publish the information on
the website of the agency that administers the
applicable area of Federal recreational lands and
waters.
(B) Effect.--Nothing in this paragraph--
(i) applies to--
(I) the reissuance of an existing
special recreation permit or commercial
use authorization for outfitting and
guiding; or
(II) the issuance of a new special
recreation permit or new commercial use
authorization for outfitting and
guiding issued to the purchaser of--
(aa) a recreation service
provider that is the holder of
an existing special recreation
permit; or
(bb) a holder of an
existing commercial use
authorization for outfitting
and guiding; or
(ii) creates a prerequisite to the issuance
of a special recreation permit or commercial
use authorization for outfitting and guiding or
otherwise limits the authority of the Secretary
concerned--
(I) to issue a new special
recreation permit or new commercial use
authorization for outfitting and
guiding; or
(II) to add a new or additional use
to an existing special recreation
permit or an existing commercial use
authorization for outfitting and
guiding.
(2) Updates.--The Secretary concerned shall ensure that
information published on the website under this subsection is
consistently updated to provide current and correct information
to the public.
(3) Electronic mail notifications.--The Secretary concerned
shall establish a system by which potential applicants for
special recreation permits or commercial use authorizations for
outfitting and guiding may subscribe to receive notification by
electronic mail of the availability of special recreation
permits under subsection (h)(1) of section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended
by section 3(c)(3) or commercial use authorizations for
outfitting and guiding.
(b) Permit Application or Proposal Acknowledgments.--
(1) In general.--Not later than 60 days after the date on
which the Secretary concerned receives a completed application
or a complete proposal for a special recreation permit under
subsection (h)(1) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 3(c)(3)), the Secretary concerned shall--
(A) provide to the applicant notice acknowledging
receipt of the application or proposal; and
(B)(i) issue a final decision with respect to the
application or proposal; or
(ii) provide to the applicant notice of a projected
date for a final decision on the application or
proposal.
(2) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for the
provision of accommodations, facilities, or services.
SEC. 5. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT TRANSITIONAL
SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary concerned shall implement a program to
authorize the issuance of transitional special recreation permits for a
new or additional reoccurring outfitting, guiding, or other recreation
service, as determined by the Secretary concerned, on Federal
recreational lands and waters managed by the Chief of the Forest
Service or the Director of the Bureau of Land Management.
(b) Term of Transitional Permits for Outfitting and Guiding.--A
transitional special recreation permit issued under subsection (a)
shall be issued for a term of 2 years.
(c) Issuance of Long-Term Permits for Outfitting and Guiding.--
(1) In general.--On the request of a recreation service
provider that holds a transitional special recreation permit
under the program implemented under subsection (a), the
Secretary concerned shall provide for the issuance of a long-
term special recreation permit for outfitting and guiding to
replace the transitional special recreation permit if the
Secretary concerned determines that the recreation service
provider--
(A) has held not less than 2 transitional special
recreation permits or similar permits issued under--
(i) the program implemented under
subsection (a); or
(ii) any other program to issue similar
special recreation permits in existence before
the date of enactment of this Act;
(B) during the 3-year period preceding the request,
has not been determined to have a performance that is
less than satisfactory, as determined under the
monitoring process described in section 7(a), for any
transitional special recreation permits or similar
special recreation permits issued by the Secretary
concerned, including the transitional special
recreation permit proposed to be replaced, for the
respective unit of Federal recreational lands and
waters; and
(C) notwithstanding section 7(b)(3), has used not
less than 50 percent of the visitor-use days allocated
to the recreation service provider under the
transitional special recreation permit.
(2) Term.--The term of a long-term special recreation
permit under this subsection issued to replace a transitional
special recreation permit under paragraph (1) shall be for a
period of 5 or 10 years, as determined to be appropriate by the
Secretary concerned.
(3) Visitor-use day allocations.--In replacing a
transitional special recreation permit under paragraph (1) with
a long-term special recreation permit for outfitting and
guiding, the Secretary concerned may, at the discretion of the
Secretary concerned, increase the number of visitor-use days
allocated to the recreation service provider under the long-
term special recreation permit for outfitting and guiding.
(d) Effect.--Nothing in this section alters or affects the
authority of the Secretary concerned to issue a special recreation
permit under subsection (h)(1) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by section
3(c)(3)).
SEC. 6. SURRENDER OF UNUSED VISITOR-USE DAYS.
(a) In General.--A recreation service provider holding a special
recreation permit described in paragraph (13)(A)(iv) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 3(b)(10)) may--
(1) notify the Secretary concerned of an inability to use
visitor-use days annually allocated to the recreation service
provider under the special recreation permit; and
(2) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 8(b).
(b) Determination.--To ensure a recreation service provider
described in subsection (a) is able to make an informed decision before
surrendering any unused visitor-use day under subsection (a)(2), the
Secretary concerned shall, on the request of the applicable recreation
service provider, determine and notify the recreation service provider
whether the unused visitor-use day meets the requirement described in
section 7(b)(3)(B) before the recreation service provider surrenders
the unused visitor-use day.
SEC. 7. REVIEWS FOR TRANSITIONAL PERMITS AND LONG-TERM PERMITS.
(a) Monitoring.--The Secretary concerned shall monitor for
compliance a recreation service provider--
(1) annually, in the case of a transitional special
recreation permit for outfitting and guiding issued under
section 5;
(2) once every 2 years, in the case of a special recreation
permit described in paragraph (13)(A)(iv)(I) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)
(as amended by section 3(b)(10)) that is issued for a term of
10 years;
(3) in the case of a special recreation permit replaced
under section 5 with a long-term special recreation permit for
outfitting and guiding with a term of 10 years, during each of
the 4th, 6th, 8th, and 10th years in which the long-term
special recreation permit is in effect; and
(4) in the case of a special recreation permit replaced
under section 5 with a long-term special recreation permit for
outfitting and guiding with a term of 5 years, during each of
the 4th and 5th years in which the special recreation permit is
in effect.
(b) Use-of-Allocation Reviews.--
(1) In general.--If the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, allocates visitor-use days among special recreation
permits for outfitting and guiding, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall, and the Secretary may, review the use by the recreation
service provider of the visitor-use days allocated--
(A) under a transitional special recreation permit
issued under section 5, not later than 90 days before
the date on which the transitional special recreation
permit expires; and
(B) under a long-term special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 3(b)(10)), once every 5
years.
(2) Requirements of the review.--In conducting a review
under paragraph (1), the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, shall determine--
(A) the number of visitor-use days that the
recreation service provider has used each year under
the transitional special recreation permit or the
special recreation permit, in accordance with paragraph
(3); and
(B) of the years identified under subparagraph (A),
the year in which the recreation service provider used
the most visitor-use days.
(3) Consideration of surrendered, unused visitor-use
days.--For the purposes of determining the number of visitor-
use days a recreation service provider has used in a specified
year under paragraph (2)(A), the Secretary of Agriculture,
acting through the Chief of the Forest Service, and the
Secretary, as applicable, shall consider an unused visitor-use
day that has been surrendered under section 6(a)(2) as--
(A) \1/2\ of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary of
Agriculture, acting through the Chief of the Forest
Service, or the Secretary, as applicable, determines
the use of the allocated visitor-use day had been or
will be prevented by a circumstance beyond the control
of the recreation service provider.
SEC. 8. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--On the
completion of a use-of-allocation review of a special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
section 3(b)(10)) conducted under section 7(b), the Secretary of
Agriculture, acting through the Chief of the Forest Service, or the
Secretary, as applicable, shall adjust the number of visitor-use days
allocated to a recreation service provider under the special recreation
permit as follows:
(1) If the Secretary concerned determines that the
performance of the recreation service provider was satisfactory
during the most recent review conducted under subsection (a) of
section 7, the annual number of visitor-use days allocated for
each remaining year of the permit shall be equal to 125 percent
of the number of visitor-use days used, as determined under
subsection (b)(2)(A) of that section, during the year
identified under subsection (b)(2)(B) of that section, not to
exceed the level allocated to the recreation service provider
on the date on which the special recreation permit was issued.
(2) If the Secretary concerned determines the performance
of the recreation service provider is less than satisfactory
during the most recent performance review conducted under
subsection (a) of section 7, the annual number of visitor-use
days allocated for each remaining year of the special
recreation permit shall be equal to not more than 100 percent
of the number of visitor-use days used, as determined under
subsection (b)(2)(A) of that section during the year identified
under subsection (b)(2)(B) of that section.
(b) Temporary Reassignment of Unused Visitor-use Days.--The
Secretary concerned may temporarily assign unused visitor-use days,
made available under section 6(a)(2) to--
(1) any other existing or potential recreation service
provider, notwithstanding the number of visitor-use days
allocated to the special recreation permit holder under the
special recreation permit held or to be held by the recreation
service provider; or
(2) any existing or potential holder of a special
recreation permit described in clause (i) or (iii) of paragraph
(13)(A) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by section
3(b)(10)), including the public.
(c) Additional Capacity.--If unallocated visitor-use days are
available, the Secretary concerned may, at any time, amend a special
recreation permit to allocate additional visitor-use days to a
qualified recreation service provider.
SEC. 9. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and
reissuance of special recreation permits and reduce the cost of
administering special recreation permits under subsection (h) of
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6802) (as amended by section 3(c)(3)), the Secretaries shall--
(1) during the period beginning on January 1, 2021, and
ending on January 1, 2025--
(A) evaluate the process for issuing special
recreation permits; and
(B) based on the evaluation under subparagraph (A),
identify opportunities--
(i) to eliminate duplicative processes with
respect to issuing special recreation permits;
(ii) to reduce costs for the issuance of
special recreation permits;
(iii) to decrease processing times for
special recreation permits; and
(iv) to issue simplified special recreation
permits, including special recreation permits
for an organized group recreation activity or
event under subsection (e); and
(2) not later than 1 year after the date on which the
Secretaries complete the evaluation and identification
processes under paragraph (1), revise, as necessary, relevant
agency regulations and guidance documents, including
regulations and guidance documents relating to the
environmental review process, for special recreation permits to
implement the improvements identified under paragraph (1)(B).
(b) Environmental Reviews.--
(1) In general.--The Secretary concerned shall, to the
maximum extent practicable, utilize available tools, including
tiering to existing programmatic reviews, as appropriate, to
facilitate an effective and efficient environmental review
process for activities undertaken by the Secretary concerned
relating to the issuance of special recreation permits.
(2) Categorical exclusions.--Not later than 1 year after
the date of enactment of this Act, the Secretary concerned
shall--
(A) evaluate--
(i) whether existing categorical exclusions
available to the Secretary concerned on the
date of enactment of this Act are consistent
with the provisions of this Act; and
(ii) whether a modification of an existing
categorical exclusion or the establishment of 1
or more new categorical exclusions developed in
compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
necessary to undertake an activity described in
paragraph (1) in a manner consistent with the
authorities and requirements in this Act; and
(B) revise relevant agency regulations and policy
statements, as necessary, to modify existing
categorical exclusions or incorporate new categorical
exclusions based on the evaluation conducted under
subparagraph (A).
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of
issuing a special recreation permit under subsection (h) of section 803
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
amended by section 3(c)(3)).
(d) Online Applications.--Using funds made available to the
Secretaries, not later than 3 years after the date of enactment of this
Act, the Secretaries shall make the application for a special
recreation permit under subsection (h) of section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 3(c)(3)), including a reissuance of a special recreation permit
under that section, available for completion and submission--
(1) online;
(2) by mail or electronic mail; and
(3) in person at the field office for the applicable
Federal recreational lands and waters.
(e) Special Recreation Permits for an Organized Group Recreation
Activity or Event.--
(1) Definitions.--In this subsection:
(A) Special recreation permit for an organized
group recreation activity or event.--The term ``special
recreation permit for an organized group recreation
activity or event'' means a special recreation permit
described in subclause (I) or (III) of paragraph
(13)(A)(iii) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by section 3(b)(10)).
(B) Youth group.--The term ``youth group'' means a
recreation service provider that predominantly serves
individuals not older than 25 years of age.
(2) Exemption from certain allocations of use.--If the
Secretary concerned allocates visitor-use days available for an
area or activity on Federal recreational lands and waters among
recreation service providers that hold a permit described in
paragraph (13)(A)(iv) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
section 3(b)(10)), a special recreation permit for an organized
group recreation activity or event shall not be subject to that
allocation of visitor-use days.
(3) Issuance.--In accordance with paragraphs (5) and (6),
if use by the general public is not subject to a limited entry
permit system and if capacity is available for the times or
days in which the proposed activity or event would be
undertaken, on request of a recreation service provider
(including a youth group) to conduct an organized group
recreation activity or event described in subclause (I) or
(III) of paragraph (13)(A)(iii) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by section 3(b)(10)), the Secretary concerned--
(A) shall make a nominal effects determination to
determine whether the proposed activity or event would
have more than nominal effects on Federal recreational
lands and waters, resources, and programs; and
(B)(i) shall not require a recreation service
provider (including a youth group) to obtain a special
recreation permit for an organized group recreation
activity or event if the Secretary concerned
determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
is not necessary to protect or avoid conflict
on or with Federal recreational lands and
waters, resources, and programs;
(ii) in the case of an organized group recreation
activity or event described in subclause (I) of that
paragraph, may issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to any terms and conditions as are determined
to be appropriate by the Secretary concerned, if the
Secretary concerned determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
is necessary to protect or avoid conflict on or
with Federal recreational lands and waters,
resources, and programs;
(iii) in the case of an organized group recreation
activity or event described in subclause (III) of that
paragraph, shall issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to such terms and conditions determined to be
appropriate by the Secretary concerned, if the
Secretary concerned determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
is necessary to protect or avoid conflict on or
with Federal recreational lands and waters,
resources, and programs; and
(iv) may issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to any terms and conditions determined to be
appropriate by the Secretary concerned, if the
Secretary concerned determines--
(I) the proposed activity or event to be
undertaken may have more than nominal effects
on Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
would be necessary to protect or avoid conflict
on or with Federal recreational lands and
waters, resources, and programs.
(4) Fees.--The Secretary concerned may elect not to charge
a fee to a recreation service provider (including a youth
group) for a special recreation permit for an organized group
recreation activity or event.
(5) Savings clause.--Nothing in this subsection prevents
the Secretary concerned from limiting or abating the allowance
of a proposed activity or event under paragraph (3)(B)(i) or
the issuance of a special recreation permit for an organized
group recreation activity or event, based on resource
conditions, administrative burdens, or safety issues.
(6) Qualifications.--A special recreation permit for an
organized group recreation activity or event issued under
paragraph (3) shall be subject to the health and safety
standards required by the Secretary concerned for a permit
issued under paragraph (13)(A)(iv) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 3(b)(10)).
SEC. 10. SERVICE FIRST INITIATIVE AND MULTIJURISDICTIONAL TRIPS.
(a) Repeal.--Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is
repealed.
(b) Cooperative Action and Sharing of Resources by the Secretaries
of the Interior and Agriculture.--
(1) In general.--For fiscal year 2012 and each fiscal year
thereafter, the Secretaries, subject to annual review of
Congress, may carry out an initiative, to be known as the
``Service First Initiative'', under which the Secretaries and
agencies and bureaus within the Department of the Interior and
the Department of Agriculture--
(A) may establish programs to conduct projects,
planning, permitting, leasing, contracting, and other
activities, either jointly or on behalf of one another;
(B) may co-locate in Federal offices and facilities
leased by an agency of the Department of the Interior
or the Department of Agriculture; and
(C) may issue special rules to test the feasibility
of issuing unified permits, applications, and leases.
(2) Delegations of authority.--The Secretaries may make
reciprocal delegations of the respective authorities, duties,
and responsibilities of the Secretaries in support of the
Service First Initiative agency-wide to promote customer
service and efficiency.
(3) Effect.--Nothing in this section alters, expands, or
limits the applicability of any law (including regulations) to
land administered by the Bureau of Land Management, National
Park Service, United States Fish and Wildlife Service, or the
Forest Service or matters under the jurisdiction of any other
bureaus or offices of the Department of the Interior or the
Department of Agriculture, as applicable.
(4) Transfers of funding.--To facilitate the sharing of
resources under the Service First Initiative, the Secretaries
may make transfers of funds and reimbursements of funds on an
annual basis, including transfers and reimbursements for multi-
year projects, subject to the limitation that this authority
may not be used to circumvent requirements and limitations
imposed on the use of Federal funds.
(c) Pilot Program for Special Recreation Permits for
Multijurisdictional Trips.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall establish a pilot
program to offer to a person seeking an authorization for a
multijurisdictional trip a single joint special recreation
permit or commercial use authorization that authorizes the use
of each unit of Federal recreational lands and waters on which
the multijurisdictional trip occurs, subject to the authorities
that apply to the applicable unit of Federal recreational lands
and waters.
(2) Minimum number of permits.--Not later than 4 years
after the date of enactment of this Act, the Secretaries shall
issue not fewer than 10 single joint special recreation permits
described in paragraph (13)(A)(iv) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 3(b)(10)) or commercial use authorizations
under the pilot program established under paragraph (1).
(3) Lead agencies.--In carrying out the pilot program
established under paragraph (1), the Secretaries shall--
(A) designate a lead agency for issuing and
administering a single joint special recreation permit
or commercial use authorization; and
(B) select not fewer than 4 offices at which a
person shall be able to apply for a single joint
special recreation permit or commercial use
authorization, of which--
(i) not fewer than 2 offices are managed by
the Secretary; and
(ii) not fewer than 2 offices are managed
by the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(4) Retention of authority by the applicable secretary.--
Each of the Secretaries shall retain the authority to enforce
the terms, stipulations, conditions, and agreements in a single
joint special recreation permit or commercial use authorization
issued under the pilot program established under paragraph (1)
that apply specifically to the use occurring on the Federal
recreational lands and waters managed by the applicable
Secretary, under the authorities that apply to the applicable
Federal recreational lands and waters.
(5) Option to apply for separate special recreation permits
or commercial use authorizations.--A person seeking an
authorization for a multijurisdictional trip may apply for--
(A) a separate special recreation permit or
commercial use authorization for the use of each unit
of Federal recreational lands and waters on which the
multijurisdictional trip occurs; or
(B) a single joint special recreational permit or
commercial use authorization made available under the
pilot program established under paragraph (1).
(6) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for the
provision of accommodations, facilities, or services.
SEC. 11. PERMIT FLEXIBILITY.
(a) In General.--The Secretary concerned shall establish guidelines
to allow a holder of a special recreation permit under subsection (h)
of section 803 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) (as amended by section 3(c)(3)), on the approval of the
Secretary concerned, to engage in another recreational activity under
the special recreation permit that is substantially similar to the
specific activity authorized under the special recreation permit.
(b) Criteria.--For the purposes of this section, a recreational
activity shall be considered to be a substantially similar recreational
activity if the recreational activity--
(1) is comparable in type, nature, scope, and ecological
setting to the specific activity authorized under the special
recreation permit;
(2) does not result in a greater impact on natural and
cultural resources than the impact of the authorized activity;
(3) does not adversely affect--
(A) any other holder of a special recreation permit
or other permit; or
(B) any other authorized use of the Federal
recreational lands and waters; and
(4) is consistent with--
(A) any applicable laws (including regulations);
and
(B) the land management plan, resource management
plan, or equivalent plan applicable to the Federal
recreational lands and waters.
(c) Effect.--Nothing in this section affects any authority of,
regulation issued by, or decision of the Secretary concerned relating
to the use of electric bicycles on Federal recreational lands and
waters under any other Federal law.
SEC. 12. LIABILITY.
(a) Insurance Requirements.--
(1) In general.--Except as provided in paragraph (2), as a
condition of issuing a special recreation permit under
subsection (h)(1)(B) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 3(c)(3)) or a commercial use authorization, the
Secretary concerned may require the holder of the special
recreation permit or commercial use authorization to have a
commercial general liability insurance policy that--
(A) is commensurate with the level of risk of the
activities to be conducted under the special recreation
permit or commercial use authorization; and
(B) includes the United States as an additional
insured in an endorsement to the applicable policy.
(2) Exception.--The Secretary concerned shall not require a
holder of a special recreation permit or commercial use
authorization for low-risk activities, as determined by the
Secretary concerned, including commemorative ceremonies and
participation by the public in a recreation activity or
recreation use of a specific area of Federal recreational lands
and waters in which use by the public is allocated, to comply
with the requirements of paragraph (1).
(b) Indemnification by Governmental Entities.--The Secretary
concerned shall not require a State, State agency, State institution,
or political subdivision of a State to indemnify the United States for
tort liability as a condition for issuing a special recreation permit
or commercial use authorization to the extent the State, State agency,
State institution, or political subdivision of a State is precluded by
State law from providing indemnification to the United States for tort
liability, if the State, State agency, State institution, or political
subdivision of the State maintains the minimum amount of liability
insurance coverage required by the Federal land management agency for
the activities conducted under the special recreation permit or
commercial use authorization in the form of--
(1) a commercial general liability insurance policy, which
includes the United States as an additional insured in an
endorsement to the policy, if the State is authorized to obtain
commercial general liability insurance by State law;
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law; or
(3) a combination of the coverage described in paragraphs
(1) and (2).
(c) Exculpatory Agreements.--
(1) In general.--Except as provided in paragraph (2), a
Federal land management agency shall not implement, administer,
or enforce any regulation, guidance, or policy prohibiting the
use of an exculpatory agreement between a recreation service
provider or a holder of a commercial use authorization and a
customer relating to services provided under a special
recreation permit or a commercial use authorization.
(2) Requirements.--Any exculpatory agreement used by a
recreation service provider or holder of a commercial use
authorization for an activity authorized under a special
recreation permit or commercial use authorization--
(A) shall shield the United States from any
liability, if otherwise allowable under Federal law;
and
(B) shall not waive any liability of the recreation
service provider or holder of the commercial use
authorization that may not be waived under the laws
(including common law) of the applicable State or for
gross negligence, recklessness, or willful misconduct.
(3) Consistency.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall--
(A) review the policies of the Secretaries
pertaining to the use of exculpatory agreements by
recreation service providers and holders of commercial
use authorizations; and
(B) revise any policy described in subparagraph (A)
as necessary to make the policies of the Secretaries
pertaining to the use of exculpatory agreements by
recreation service providers and holders of commercial
use authorizations consistent with this subsection and
across all Federal recreational lands and waters.
(d) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 13. COST RECOVERY REFORM.
(a) Cost Recovery for Special Recreation Permits.--In addition to a
fee collected under section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected
by the Secretary concerned, the Secretary concerned may assess and
collect a reasonable fee from an applicant for, and holder of, a
special recreation permit to recover administrative costs incurred by
the Secretary concerned for--
(1) processing a proposal or application for the special
recreation permit;
(2) issuing the special recreation permit; and
(3) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special
recreation permit.
(b) De Minimis Exemptions From Cost Recovery.--If the
administrative costs described in subsection (a) are assessed on an
hourly basis, the Secretary concerned shall--
(1) establish an hourly de minimis threshold that exempts a
specified number of hours from the assessment and collection of
administrative costs described in subsection (a); and
(2) charge an applicant only for any hours that exceed the
de minimis threshold.
(c) Multiple Applications.--If the Secretary concerned collectively
processes multiple applications for special recreation permits for the
same or similar services in the same unit of Federal recreational lands
and waters, the Secretary concerned shall, to the extent practicable--
(1) assess from the applicants the fee described in
subsection (a) on a prorated basis; and
(2) apply the requirement described in subsection (b) to
each applicant on an individual basis.
(d) Limitation.--The Secretary concerned shall not assess or
collect administrative costs under this section for a programmatic
environmental review.
SEC. 14. EFFECT.
Except as provided in sections 4(a), 10, and 12, nothing in this
Act (including an amendment made by this Act) affects the authority or
responsibility of the Secretary to award concessions contracts for the
provision of accommodations, facilities, or services, or commercial use
authorizations.
<all>
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118S1631 | Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023 | [
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"J000293",
"Sen. Johnson, Ron [R-WI]",
"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1631 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1631
To enhance the authority granted to the Department of Homeland Security
and Department of Justice with respect to unmanned aircraft systems and
unmanned aircraft, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Peters (for himself, Mr. Johnson, Ms. Sinema, and Mr. Hoeven)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To enhance the authority granted to the Department of Homeland Security
and Department of Justice with respect to unmanned aircraft systems and
unmanned aircraft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding the Homeland from the
Threats Posed by Unmanned Aircraft Systems Act of 2023''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF JUSTICE
UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION
ENFORCEMENT AUTHORITY.
Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by striking section 210G (6 U.S.C. 124n)
and inserting the following:
``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
``(a) Definitions.--In this section:
``(1) The term `air navigation facility' has the meaning
given the term in section 40102(a) of title 49, United States
Code.
``(2) The term `airport' has the meaning given the term in
section 47102 of title 49, United Sates Code.
``(3) The term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate; and
``(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, the
Committee on Oversight and Accountability, the
Committee on Energy and Commerce, and the Committee on
the Judiciary of the House of Representatives.
``(4) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(5) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified as high-risk and a potential
target for unlawful unmanned aircraft or unmanned
aircraft system activity by the Secretary or the
Attorney General, or by the chief executive of the
jurisdiction in which a State, local, Tribal, or
territorial law enforcement agency designated pursuant
to subsection (d)(2) operates after review and approval
of the Secretary or the Attorney General, in
coordination with the Secretary of Transportation with
respect to potentially impacted airspace, through a
risk-based assessment for purposes of this section
(except that in the case of the missions described in
clauses (i)(II) and (iii)(I) of subparagraph (C), such
missions shall be presumed to be for the protection of
a facility or asset that is assessed to be high-risk
and a potential target for unlawful unmanned aircraft
or unmanned aircraft system activity);
``(B) is located in the United States; and
``(C) directly relates to 1 or more--
``(i) missions authorized to be performed
by the Department, consistent with governing
statutes, regulations, and orders issued by the
Secretary, pertaining to--
``(I) security or protection
functions of U.S. Customs and Border
Protection, including securing or
protecting facilities, aircraft, and
vessels, whether moored or underway;
``(II) United States Secret Service
protection operations pursuant to
sections 3056(a) and 3056A(a) of title
18, United States Code, and the
Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note);
``(III) protection of facilities
pursuant to section 1315(a) of title
40, United States Code;
``(IV) transportation security
functions of the Transportation
Security Administration; or
``(V) the security or protection
functions for facilities, assets, and
operations of Homeland Security
Investigations;
``(ii) missions authorized to be performed
by the Department of Justice, consistent with
governing statutes, regulations, and orders
issued by the Attorney General, pertaining to--
``(I) personal protection
operations by--
``(aa) the Federal Bureau
of Investigation as specified
in section 533 of title 28,
United States Code; or
``(bb) the United States
Marshals Service as specified
in section 566 of title 28,
United States Code;
``(II) protection of penal,
detention, and correctional facilities
and operations conducted by the Federal
Bureau of Prisons and prisoner
operations and transport conducted by
the United States Marshals Service;
``(III) protection of the buildings
and grounds leased, owned, or operated
by or for the Department of Justice,
and the provision of security for
Federal courts, as specified in section
566 of title 28, United States Code; or
``(IV) protection of an airport or
air navigation facility;
``(iii) missions authorized to be performed
by the Department or the Department of Justice,
acting together or separately, consistent with
governing statutes, regulations, and orders
issued by the Secretary or the Attorney
General, respectively, pertaining to--
``(I) protection of National
Special Security Events and Special
Event Assessment Rating events;
``(II) the provision of support to
a State, local, Tribal, or territorial
law enforcement agency, upon request of
the chief executive officer of the
State or territory, to ensure
protection of people and property at
mass gatherings, that is limited to a
specified duration and location, within
available resources, and without
delegating any authority under this
section to State, local, Tribal, or
territorial law enforcement;
``(III) protection of an active
Federal law enforcement investigation,
emergency response, or security
function, that is limited to a
specified duration and location; or
``(IV) the provision of security or
protection support to critical
infrastructure owners or operators, for
static critical infrastructure
facilities and assets upon the request
of the owner or operator;
``(iv) missions authorized to be performed
by the United States Coast Guard, including
those described in clause (iii) as directed by
the Secretary, and as further set forth in
section 528 of title 14, United States Code,
and consistent with governing statutes,
regulations, and orders issued by the Secretary
of the Department in which the Coast Guard is
operating; and
``(v) responsibilities of State, local,
Tribal, and territorial law enforcement
agencies designated pursuant to subsection
(d)(2) pertaining to--
``(I) protection of National
Special Security Events and Special
Event Assessment Rating events or other
mass gatherings in the jurisdiction of
the State, local, Tribal, or
territorial law enforcement agency;
``(II) protection of critical
infrastructure assessed by the
Secretary as high-risk for unmanned
aircraft systems or unmanned aircraft
attack or disruption, including
airports in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency;
``(III) protection of government
buildings, assets, or facilities in the
jurisdiction of the State, local,
Tribal, or territorial law enforcement
agency; or
``(IV) protection of disaster
response in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency.
``(6) The term `critical infrastructure' has the meaning
given the term in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
``(7) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meanings given those terms in section 2510 of title 18, United
States Code.
``(8) The term `homeland security or justice budget
materials', with respect to a fiscal year, means the materials
submitted to Congress by the Secretary and the Attorney General
in support of the budget for that fiscal year.
``(9)(A) The term `personnel' means--
``(i) an officer, employee, or contractor of the
Department or the Department of Justice, who is
authorized to perform duties that include safety,
security, or protection of people, facilities, or
assets; or
``(ii) an employee who--
``(I) is authorized to perform law
enforcement and security functions on behalf of
a State, local, Tribal, or territorial law
enforcement agency designated under subsection
(d)(2); and
``(II) is trained and certified to perform
those duties, including training specific to
countering unmanned aircraft threats and
mitigating risks in the national airspace,
including with respect to protecting privacy
and civil liberties.
``(B) To qualify for use of the authorities described in
subsection (b) or (c), respectively, a contractor conducting
operations described in those subsections shall--
``(i) be directly contracted by the Department or
the Department of Justice;
``(ii) operate at a government-owned or government-
leased facility or asset;
``(iii) not conduct inherently governmental
functions;
``(iv) be trained to safeguard privacy and civil
liberties; and
``(v) be trained and certified by the Department or
the Department of Justice to meet the established
guidance and regulations of the Department or the
Department of Justice, respectively.
``(C) For purposes of subsection (c)(1), the term
`personnel' includes any officer, employee, or contractor who
is authorized to perform duties that include the safety,
security, or protection of people, facilities, or assets, of--
``(i) a State, local, Tribal, or territorial law
enforcement agency; and
``(ii) an owner or operator of an airport or
critical infrastructure.
``(10) The term `risk-based assessment' means an evaluation
of threat information specific to a covered facility or asset
and, with respect to potential impacts on the safety and
efficiency of the national airspace system and the needs of law
enforcement and national security at each covered facility or
asset identified by the Secretary or the Attorney General,
respectively, of each of the following factors:
``(A) Potential impacts to safety, efficiency, and
use of the national airspace system, including
potential effects on manned aircraft and unmanned
aircraft systems or unmanned aircraft, aviation safety,
airport operations, infrastructure, and air navigation
services relating to the use of any system or
technology for carrying out the actions described in
subsection (e)(2).
``(B) Options for mitigating any identified impacts
to the national airspace system relating to the use of
any system or technology, including minimizing, when
possible, the use of any technology that disrupts the
transmission of radio or electronic signals, for
carrying out the actions described in subsection
(e)(2).
``(C) Potential consequences of the impacts of any
actions taken under subsection (e)(2) to the national
airspace system and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of law
enforcement and national security.
``(E) The setting and character of any covered
facility or asset, including--
``(i) whether the covered facility or asset
is located in a populated area or near other
structures;
``(ii) whether the covered facility or
asset is open to the public;
``(iii) whether the covered facility or
asset is used for nongovernmental functions;
and
``(iv) any potential for interference with
wireless communications or for injury or damage
to persons or property.
``(F) The setting, character, duration, and
national airspace system impacts of National Special
Security Events and Special Event Assessment Rating
events, to the extent not already discussed in the
National Special Security Event and Special Event
Assessment Rating nomination process.
``(G) Potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems or unmanned aircraft are not
mitigated or defeated.
``(H) Civil rights and civil liberties guaranteed
by the First and Fourth Amendments to the Constitution
of the United States.
``(11) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801 of
title 49, United States Code.
``(b) Authority of the Department of Homeland Security and
Department of Justice.--Notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, 1367, and chapters 119 and
206 of title 18, United States Code, the Secretary and the Attorney
General may, for their respective Departments, take, and may authorize
personnel with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take, actions described
in subsection (e)(2) that are necessary to detect, identify, monitor,
track, and mitigate a credible threat (as defined by the Secretary and
the Attorney General, in consultation with the Secretary of
Transportation, acting through the Administrator of the Federal
Aviation Administration) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered facility or
asset.
``(c) Additional Limited Authority for Detection, Identification,
Monitoring, and Tracking.--
``(1) In general.--Subject to paragraphs (2) and (3), and
notwithstanding sections 1030 and 1367 and chapters 119 and 206
of title 18, United States Code, any State, local, Tribal, or
territorial law enforcement agency, the Department of Justice,
the Department, and any owner or operator of an airport or
critical infrastructure may authorize personnel, with assigned
duties that include the safety, security, or protection of
people, facilities, or assets, to use equipment authorized
under this subsection to take actions described in subsection
(e)(1) that are necessary to detect, identify, monitor, or
track an unmanned aircraft system or unmanned aircraft within
the respective areas of responsibility or jurisdiction of the
authorized personnel.
``(2) Authorized equipment.--Equipment authorized for
unmanned aircraft system detection, identification, monitoring,
or tracking under this subsection shall be limited to systems
or technologies--
``(A) tested and evaluated by the Department or the
Department of Justice, including evaluation of any
potential counterintelligence or cybersecurity risks;
``(B) that are annually reevaluated for any changes
in risks, including counterintelligence and
cybersecurity risks;
``(C) determined by the Federal Communications
Commission and the National Telecommunications and
Information Administration not to adversely impact the
use of the communications spectrum;
``(D) determined by the Federal Aviation
Administration not to adversely impact the use of the
aviation spectrum or otherwise adversely impact the
national airspace system; and
``(E) that are included on a list of authorized
equipment maintained by the Department, in coordination
with the Department of Justice, the Federal Aviation
Administration, the Federal Communications Commission,
and the National Telecommunications and Information
Administration.
``(3) State, local, tribal, and territorial compliance.--
Each State, local, Tribal, or territorial law enforcement
agency or owner or operator of an airport or critical
infrastructure acting pursuant to this subsection shall--
``(A) prior to any such action, issue a written
policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2);
``(B) certify compliance with such policy to the
Secretary and the Attorney General annually, and
immediately notify the Secretary and Attorney General
of any noncompliance with such policy or the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2); and
``(C) comply with any additional guidance issued by
the Secretary or the Attorney General relating to
implementation of this subsection.
``(4) Prohibition.--Nothing in this subsection shall be
construed to authorize the taking of any action described in
subsection (e) other than the actions described in paragraph
(1) of that subsection.
``(d) Pilot Program for State, Local, Tribal, and Territorial Law
Enforcement.--
``(1) In general.--The Secretary and the Attorney General
may carry out a pilot program to evaluate the potential
benefits of State, local, Tribal, and territorial law
enforcement agencies taking actions that are necessary to
mitigate a credible threat (as defined by the Secretary and the
Attorney General, in consultation with the Secretary of
Transportation, acting through the Administrator of the Federal
Aviation Administration) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a covered
facility or asset.
``(2) Designation.--
``(A) In general.--The Secretary or the Attorney
General, with the concurrence of the Secretary of
Transportation (acting through the Administrator of the
Federal Aviation Administration), may, under the pilot
program established under paragraph (1), designate 1 or
more State, local, Tribal, or territorial law
enforcement agencies approved by the respective chief
executive officer of the State, local, Tribal, or
territorial law enforcement agency to engage in the
activities authorized in paragraph (4) under the direct
oversight of the Department or the Department of
Justice, in carrying out the responsibilities
authorized under subsection (a)(5)(C)(v).
``(B) Designation process.--
``(i) Number of agencies and duration.--On
and after the date that is 180 days after the
date of enactment of the Safeguarding the
Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2023, the Secretary and
the Attorney General, pursuant to subparagraph
(A), may designate a combined total of not more
than 12 State, local, Tribal, and territorial
law enforcement agencies for participation in
the pilot program, and may designate 12
additional State, local, Tribal, and
territorial law enforcement agencies each year
thereafter, provided that not more than 60
State, local, Tribal, and territorial law
enforcement agencies in total may be designated
during the 5-year period of the pilot program.
``(ii) Revocation.--The Secretary and the
Attorney General, in consultation with the
Secretary of Transportation (acting through the
Administrator of the Federal Aviation
Administration)--
``(I) may revoke a designation
under subparagraph (A) if the
Secretary, Attorney General, and
Secretary of Transportation (acting
through the Administrator of the
Federal Aviation Administration) concur
in the revocation; and
``(II) shall revoke a designation
under subparagraph (A) if the
Secretary, the Attorney General, or the
Secretary of Transportation (acting
through the Administrator of the
Federal Aviation Administration)
withdraws concurrence.
``(3) Termination of pilot program.--
``(A) Designation.--The authority to designate an
agency for inclusion in the pilot program established
under this subsection shall terminate 5 years after the
date that is 180 days after the date of enactment of
the Safeguarding the Homeland from the Threats Posed by
Unmanned Aircraft Systems Act of 2023.
``(B) Authority of pilot program agencies.--The
authority of an agency designated under the pilot
program established under this subsection to exercise
any of the authorities granted under the pilot program
shall terminate not later than 6 years after the date
that is 180 days after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by
Unmanned Aircraft Systems Act of 2023, or upon
revocation pursuant to paragraph (2)(B)(ii).
``(4) Authorization.--Notwithstanding section 46502 of
title 49, United States Code, or sections 32, 1030, 1367, and
chapters 119 and 206 of title 18, United States Code, any
State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) may authorize personnel
with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take such
actions as are described in subsection (e)(2) that are
necessary to detect, identify, monitor, track, or mitigate a
credible threat (as defined by the Secretary and the Attorney
General, in consultation with the Secretary of Transportation,
acting through the Administrator of the Federal Aviation
Administration) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered facility
or asset in carrying out the responsibilities authorized under
subsection (a)(5)(C)(v).
``(5) Exemption.--
``(A) In general.--Subject to subparagraph (B), the
Chair of the Federal Communications Commission, in
consultation with the Administrator of the National
Telecommunications and Information Administration,
shall implement a process for considering the exemption
of 1 or more law enforcement agencies designated under
paragraph (2), or any station operated by the agency,
from any provision of title III of the Communications
Act of 1934 (47 U.S.C. 151 et seq.) to the extent that
the designated law enforcement agency takes such
actions as are described in subsection (e)(2) and may
establish conditions or requirements for such
exemption.
``(B) Requirements.--The Chair of the Federal
Communications Commission, in consultation with the
Administrator of the National Telecommunications and
Information Administration, may grant an exemption
under subparagraph (A) only if the Chair of the Federal
Communications Commission in consultation with the
Administrator of the National Telecommunications and
Information Administration finds that the grant of an
exemption--
``(i) is necessary to achieve the purposes
of this subsection; and
``(ii) will serve the public interest.
``(C) Revocation.--Any exemption granted under
subparagraph (A) shall terminate automatically if the
designation granted to the law enforcement agency under
paragraph (2)(A) is revoked by the Secretary or the
Attorney General under paragraph (2)(B)(ii) or is
terminated under paragraph (3)(B).
``(6) Reporting.--Not later than 2 years after the date on
which the first law enforcement agency is designated under
paragraph (2), and annually thereafter for the duration of the
pilot program, the Secretary and the Attorney General shall
inform the appropriate committees of Congress in writing of the
use by any State, local, Tribal, or territorial law enforcement
agency of any authority granted pursuant to paragraph (4),
including a description of any privacy or civil liberties
complaints known to the Secretary or Attorney General in
connection with the use of that authority by the designated
agencies.
``(7) Restrictions.--Any entity acting pursuant to the
authorities granted under this subsection--
``(A) may do so only using equipment authorized by
the Department, in coordination with the Department of
Justice, the Federal Communications Commission, the
National Telecommunications and Information
Administration, and the Department of Transportation
(acting through the Federal Aviation Administration)
according to the criteria described in subsection
(c)(2);
``(B) shall, prior to any such action, issue a
written policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2);
``(C) shall ensure that all personnel undertaking
any actions listed under this subsection are properly
trained in accordance with the criteria that the
Secretary and Attorney General shall collectively
establish, in consultation with the Secretary of
Transportation, the Administrator of the Federal
Aviation Administration, the Chair of the Federal
Communications Commission, the Assistant Secretary of
Commerce for Communications and Information, and the
Administrator of the National Telecommunications and
Information Administration; and
``(D) shall comply with any additional guidance
relating to compliance with this subsection issued by
the Secretary or Attorney General.
``(e) Actions Described.--
``(1) In general.--The actions authorized under subsection
(c) that may be taken by a State, local, Tribal, or territorial
law enforcement agency, the Department, the Department of
Justice, and any owner or operator of an airport or critical
infrastructure, are limited to actions during the operation of
an unmanned aircraft system, to detect, identify, monitor, and
track the unmanned aircraft system or unmanned aircraft,
without prior consent, including by means of intercept or other
access of a wire communication, an oral communication, or an
electronic communication used to control the unmanned aircraft
system or unmanned aircraft.
``(2) Clarification.--The actions authorized in subsections
(b) and (d)(4) are the following:
``(A) During the operation of the unmanned aircraft
system or unmanned aircraft, detect, identify, monitor,
and track the unmanned aircraft system or unmanned
aircraft, without prior consent, including by means of
intercept or other access of a wire communication, an
oral communication, or an electronic communication used
to control the unmanned aircraft system or unmanned
aircraft.
``(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by passive or
active, and direct or indirect, physical, electronic,
radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent of
the operator of the unmanned aircraft system or
unmanned aircraft, including by disabling the unmanned
aircraft system or unmanned aircraft by intercepting,
interfering, or causing interference with wire, oral,
electronic, or radio communications used to control the
unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to
disable, damage, or destroy the unmanned aircraft
system or unmanned aircraft.
``(f) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of
title 49, United States Code, or any provision of title
18, United States Code, the Secretary, the Attorney
General, and the heads of the State, local, Tribal, or
territorial law enforcement agencies designated
pursuant to subsection (d)(2) shall conduct research,
testing, and training on, and evaluation of, any
equipment, including any electronic equipment, to
determine the capability and utility of the equipment
prior to the use of the equipment in carrying out any
action described in subsection (e).
``(B) Coordination.--Personnel and contractors who
do not have duties that include the safety, security,
or protection of people, facilities, or assets may
engage in research, testing, training, and evaluation
activities pursuant to subparagraph (A).
``(2) Training of federal, state, local, territorial, and
tribal law enforcement personnel.--The Attorney General, acting
through the Director of the Federal Bureau of Investigation,
may--
``(A) provide training relating to measures to
mitigate a credible threat that an unmanned aircraft or
unmanned aircraft system poses to the safety or
security of a covered facility or asset to any
personnel who are authorized to take such measures,
including personnel authorized to take the actions
described in subsection (e); and
``(B) establish or designate 1 or more facilities
or training centers for the purpose described in
subparagraph (A).
``(3) Coordination for research, testing, training, and
evaluation.--
``(A) In general.--The Secretary, the Attorney
General, and the heads of the State, local, Tribal, or
territorial law enforcement agencies designated
pursuant to subsection (d)(2) shall coordinate
procedures governing research, testing, training, and
evaluation to carry out any provision under this
subsection with the Administrator of the Federal
Aviation Administration before initiating such activity
in order that the Administrator of the Federal Aviation
Administration may ensure the activity does not
adversely impact or interfere with safe airport
operations, navigation, air traffic services, or the
safe and efficient operation of the national airspace
system.
``(B) Additional requirement.--Each head of a
State, local, Tribal, or territorial law enforcement
agency designated pursuant to subsection (d)(2) shall
coordinate the procedures governing research, testing,
training, and evaluation of the law enforcement agency
through the Secretary and the Attorney General, in
coordination with the Federal Aviation Administration.
``(g) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is lawfully seized by the Secretary or the Attorney
General pursuant to subsection (b) is subject to forfeiture to the
United States pursuant to the provisions of chapter 46 of title 18,
United States Code.
``(h) Regulations and Guidance.--The Secretary, the Attorney
General, and the Secretary of Transportation--
``(1) may prescribe regulations and shall issue guidance in
the respective areas of each Secretary or the Attorney General
to carry out this section; and
``(2) in developing regulations and guidance described in
paragraph (1), shall consult the Chair of the Federal
Communications Commission, the Administrator of the National
Telecommunications and Information Administration, and the
Administrator of the Federal Aviation Administration.
``(i) Coordination.--
``(1) In general.--The Secretary and the Attorney General
shall coordinate with the Administrator of the Federal Aviation
Administration before carrying out any action authorized under
this section in order that the Administrator may ensure the
action does not adversely impact or interfere with--
``(A) safe airport operations;
``(B) navigation;
``(C) air traffic services; or
``(D) the safe and efficient operation of the
national airspace system.
``(2) Guidance.--Before issuing any guidance, or otherwise
implementing this section, the Secretary or the Attorney
General shall each coordinate with--
``(A) the Secretary of Transportation in order that
the Secretary of Transportation may ensure the guidance
or implementation does not adversely impact or
interfere with any critical infrastructure relating to
transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator may
ensure the guidance or implementation does not
adversely impact or interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of
the national airspace system.
``(3) Coordination with the faa.--The Secretary and the
Attorney General shall coordinate the development of their
respective guidance under subsection (h) with the Secretary of
Transportation (acting through the Administrator of the Federal
Aviation Administration).
``(4) Coordination with the department of transportation
and national telecommunications and information
administration.--The Secretary and the Attorney General, and
the heads of any State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection (d)(2),
through the Secretary and the Attorney General, shall
coordinate the development for their respective departments or
agencies of the actions described in subsection (e) with the
Secretary of Transportation (acting through the Administrator
of the Federal Aviation Administration), the Assistant
Secretary of Commerce for Communications and Information, and
the Administrator of the National Telecommunications and
Information Administration.
``(5) State, local, tribal, and territorial
implementation.--Prior to taking any action authorized under
subsection (d)(4), each head of a State, local, Tribal, or
territorial law enforcement agency designated under subsection
(d)(2) shall coordinate, through the Secretary and the Attorney
General--
``(A) with the Secretary of Transportation in order
that the Administrators of non-aviation modes of the
Department of Transportation may evaluate whether the
action may have adverse impacts on critical
infrastructure relating to non-aviation transportation;
``(B) with the Administrator of the Federal
Aviation Administration in order that the Administrator
may ensure the action will not adversely impact or
interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of
the national airspace system; and
``(C) to allow the Department and the Department of
Justice to ensure that any action authorized by this
section is consistent with Federal law enforcement or
in the interest of national security.
``(j) Privacy Protection.--
``(1) In general.--Any regulation or guidance issued to
carry out an action under subsection (e) by the Secretary or
the Attorney General shall ensure for the Department or the
Department of Justice, respectively, that--
``(A) the interception of, acquisition of, access
to, maintenance of, or use of any communication to or
from an unmanned aircraft system or unmanned aircraft
under this section is conducted in a manner consistent
with the First and Fourth Amendments to the
Constitution of the United States and any applicable
provision of Federal law;
``(B) any communication to or from an unmanned
aircraft system or unmanned aircraft are intercepted or
acquired only to the extent necessary to support an
action described in subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as
necessary, and in no event for more than 180 days,
unless the Secretary or the Attorney General, as
applicable, determines that maintenance of the record
is--
``(i) required under Federal law;
``(ii) necessary for the purpose of
litigation; and
``(iii) necessary to investigate or
prosecute a violation of law, including by--
``(I) directly supporting an
ongoing security operation; or
``(II) protecting against dangerous
or unauthorized activity by unmanned
aircraft systems or unmanned aircraft;
and
``(D) a communication described in subparagraph (B)
is not disclosed to any person not employed or
contracted by the Department or the Department of
Justice unless the disclosure--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) will support--
``(I) the Department of Defense;
``(II) a Federal law enforcement,
intelligence, or security agency;
``(III) a State, local, Tribal, or
territorial law enforcement agency; or
``(IV) another relevant entity or
person if the entity or person is
engaged in a security or protection
operation;
``(iii) is necessary to support a
department or agency listed in clause (ii) in
investigating or prosecuting a violation of
law;
``(iv) will support the enforcement
activities of a Federal regulatory agency
relating to a criminal or civil investigation
of, or any regulatory, statutory, or other
enforcement action relating to, an action
described in subsection (e);
``(v) is between the Department and the
Department of Justice in the course of a
security or protection operation of either
department or a joint operation of those
departments; or
``(vi) is otherwise required by law.
``(2) Local privacy protection.--In exercising any
authority described in subsection (c) or (d), a State, local,
Tribal, or territorial law enforcement agency designated under
subsection (d)(2) or owner or operator of an airport or
critical infrastructure shall ensure that--
``(A) the interception of, acquisition of, access
to, maintenance of, or use of communications to or from
an unmanned aircraft system or unmanned aircraft under
this section is conducted in a manner consistent with--
``(i) the First and Fourth Amendments to
the Constitution of the United States; and
``(ii) applicable provisions of Federal
law, and where required, State, local, Tribal,
and territorial law;
``(B) any communication to or from an unmanned
aircraft system or unmanned aircraft is intercepted or
acquired only to the extent necessary to support an
action described in subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as
necessary, and in no event for more than 180 days,
unless the Secretary, the Attorney General, or the head
of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2)
determines that maintenance of the record is--
``(i) required to be maintained under
Federal, State, local, Tribal, or territorial
law;
``(ii) necessary for the purpose of any
litigation; or
``(iii) necessary to investigate or
prosecute a violation of law, including by--
``(I) directly supporting an
ongoing security or protection
operation; or
``(II) protecting against dangerous
or unauthorized activity by an unmanned
aircraft system or unmanned aircraft;
and
``(D) the communication is not disclosed outside
the agency or entity unless the disclosure--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) would support the Department of
Defense, a Federal law enforcement,
intelligence, or security agency, or a State,
local, Tribal, or territorial law enforcement
agency;
``(iii) would support the enforcement
activities of a Federal regulatory agency in
connection with a criminal or civil
investigation of, or any regulatory, statutory,
or other enforcement action relating to, an
action described in subsection (e);
``(iv) is to the Department or the
Department of Justice in the course of a
security or protection operation of either the
Department or the Department of Justice, or a
joint operation of the Department and
Department of Justice; or
``(v) is otherwise required by law.
``(k) Budget.--
``(1) In general.--The Secretary and the Attorney General
shall submit to Congress, as a part of the homeland security or
justice budget materials for each fiscal year after fiscal year
2024, a consolidated funding display that identifies the
funding source for the actions described in subsection (e)
within the Department and the Department of Justice.
``(2) Classification.--Each funding display submitted under
paragraph (1) shall be in unclassified form but may contain a
classified annex.
``(l) Public Disclosures.--
``(1) In general.--Notwithstanding any provision of State,
local, Tribal, or territorial law, information shall be
governed by the disclosure obligations set forth in section 552
of title 5, United States Code (commonly known as the `Freedom
of Information Act'), if the information relates to--
``(A) any capability, limitation, or sensitive
detail of the operation of any technology used to carry
out an action described in subsection (e)(1) of this
section; or
``(B) an operational procedure or protocol used to
carry out this section.
``(2) State, local, tribal, or territorial agency use.--
``(A) Control.--Information described in paragraph
(1) that is obtained by a State, local, Tribal, or
territorial law enforcement agency from a Federal
agency under this section--
``(i) shall remain subject to the control
of the Federal agency, notwithstanding that the
State, local, Tribal, or territorial law
enforcement agency has the information
described in paragraph (1) in the possession of
the State, local, Tribal, or territorial law
enforcement agency; and
``(ii) shall not be subject to any State,
local, Tribal, or territorial law authorizing
or requiring disclosure of the information
described in paragraph (1).
``(B) Access.--Any request for public access to
information described in paragraph (1) shall be
submitted to the originating Federal agency, which
shall process the request as required under section
552(a)(3) of title 5, United States Code.
``(m) Assistance and Support.--
``(1) Facilities and services of other agencies and non-
federal entities.--
``(A) In general.--The Secretary and the Attorney
General are authorized to use or accept from any other
Federal agency, or any other public or private entity,
any supply or service to facilitate or carry out any
action described in subsection (e).
``(B) Reimbursement.--In accordance with
subparagraph (A), the Secretary and the Attorney
General may accept any supply or service with or
without reimbursement to the entity providing the
supply or service and notwithstanding any provision of
law that would prevent the use or acceptance of the
supply or service.
``(C) Agreements.--To implement the requirements of
subsection (a)(5)(C), the Secretary or the Attorney
General may enter into 1 or more agreements with the
head of another executive agency or with an appropriate
official of a non-Federal public or private agency or
entity, as may be necessary and proper to carry out the
responsibilities of the Secretary and Attorney General
under this section.
``(2) Mutual support.--
``(A) In general.--Subject to subparagraph (B), the
Secretary and the Attorney General are authorized to
provide support or assistance, upon the request of a
Federal agency or department conducting--
``(i) a mission described in subsection
(a)(5)(C);
``(ii) a mission described in section 130i
of title 10, United States Code; or
``(iii) a mission described in section 4510
of the Atomic Energy Defense Act (50 U.S.C.
2661).
``(B) Requirements.--Any support or assistance
provided by the Secretary or the Attorney General shall
only be granted--
``(i) for the purpose of fulfilling the
roles and responsibilities of the Federal
agency or department that made the request for
the mission for which the request was made;
``(ii) when exigent circumstances exist;
``(iii) for a specified duration and
location;
``(iv) within available resources;
``(v) on a non-reimbursable basis; and
``(vi) in coordination with the
Administrator of the Federal Aviation
Administration.
``(n) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 180 days
after the date of enactment of the Safeguarding the Homeland
from the Threats Posed by Unmanned Aircraft Systems Act of
2023, the Secretary and the Attorney General shall each provide
a briefing to the appropriate committees of Congress on the
activities carried out pursuant to this section.
``(2) Requirement.--The Secretary and the Attorney General
each shall conduct the briefing required under paragraph (1)
jointly with the Secretary of Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to
mitigate or eliminate impacts of activities carried out
pursuant to this section to the national airspace
system and other critical infrastructure relating to
national transportation;
``(B) a description of--
``(i) each instance in which any action
described in subsection (e) has been taken,
including any instances that may have resulted
in harm, damage, or loss to a person or to
private property;
``(ii) the guidance, policies, or
procedures established by the Secretary or the
Attorney General to address privacy, civil
rights, and civil liberties issues implicated
by the actions permitted under this section, as
well as any changes or subsequent efforts by
the Secretary or the Attorney General that
would significantly affect privacy, civil
rights, or civil liberties;
``(iii) options considered and steps taken
by the Secretary or the Attorney General to
mitigate any identified impacts to the national
airspace system relating to the use of any
system or technology, including the
minimization of the use of any technology that
disrupts the transmission of radio or
electronic signals, for carrying out the
actions described in subsection (e)(2); and
``(iv) each instance in which a
communication intercepted or acquired during
the course of operations of an unmanned
aircraft system or unmanned aircraft was--
``(I) held in the possession of the
Department or the Department of Justice
for more than 180 days; or
``(II) shared with any entity other
than the Department or the Department
of Justice;
``(C) an explanation of how the Secretary, the
Attorney General, and the Secretary of Transportation
have--
``(i) informed the public as to the
possible use of authorities granted under this
section; and
``(ii) engaged with Federal, State, local,
Tribal, and territorial law enforcement
agencies to implement and use authorities
granted under this section;
``(D) an assessment of whether any gaps or
insufficiencies remain in laws, regulations, and
policies that impede the ability of the Federal
Government or State, local, Tribal, and territorial
governments and owners or operators of critical
infrastructure to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft;
``(E) an assessment of efforts to integrate
unmanned aircraft system threat assessments within
National Special Security Event and Special Event
Assessment Rating event planning and protection
efforts;
``(F) recommendations to remedy any gaps or
insufficiencies described in subparagraph (D),
including recommendations relating to necessary changes
in law, regulations, or policies;
``(G) a description of the impact of the
authorities granted under this section on--
``(i) lawful operator access to national
airspace; and
``(ii) unmanned aircraft systems and
unmanned aircraft integration into the national
airspace system; and
``(H) a summary from the Secretary of any data and
results obtained pursuant to subsection (r), including
an assessment of--
``(i) how the details of the incident were
obtained; and
``(ii) whether the operation involved a
violation of Federal Aviation Administration
aviation regulations.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.
``(5) Notification.--
``(A) In general.--Not later than 30 days after an
authorized department, agency, or owner or operator of
an airport or critical infrastructure deploys any new
technology to carry out the actions described in
subsection (e), the Secretary and the Attorney General
shall, individually or jointly, as appropriate, submit
a notification of the deployment to the appropriate
committees of Congress.
``(B) Contents.--Each notification submitted
pursuant to subparagraph (A) shall include a
description of options considered to mitigate any
identified impacts to the national airspace system
relating to the use of any system or technology,
including the minimization of the use of any technology
that disrupts the transmission of radio or electronic
signals in carrying out the actions described in
subsection (e).
``(o) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) vest in the Secretary, the Attorney General, or any
State, local, Tribal, or territorial law enforcement agency
that is authorized under subsection (c) or designated under
subsection (d)(2) any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration;
``(2) vest in the Secretary of Transportation, the
Administrator of the Federal Aviation Administration, or any
State, local, Tribal, or territorial law enforcement agency
designated under subsection (d)(2) any authority of the
Secretary or the Attorney General;
``(3) vest in the Secretary any authority of the Attorney
General;
``(4) vest in the Attorney General any authority of the
Secretary; or
``(5) provide a new basis of liability with respect to an
officer of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2) or who
participates in the protection of a mass gathering identified
by the Secretary or Attorney General under subsection
(a)(5)(C)(iii)(II), who--
``(A) is acting in the official capacity of the
individual as an officer; and
``(B) does not exercise the authority granted to
the Secretary and the Attorney General by this section.
``(p) Termination.--
``(1) Termination of additional limited authority for
detection, identification, monitoring, and tracking.--The
authority to carry out any action authorized under subsection
(c), if performed by a non-Federal entity, shall terminate on
the date that is 5 years and 6 months after the date of
enactment of the Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2023 and the
authority under the pilot program established under subsection
(d) shall terminate as provided for in paragraph (3) of that
subsection.
``(2) Termination of authorities with respect to covered
facilities and assets.--The authority to carry out this section
with respect to a covered facility or asset shall terminate on
the date that is 7 years after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2023.
``(q) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General with any
additional authority other than the authorities described in
subsections (a)(5)(C)(iii), (b), (c), (d), (f), (m), and (r).
``(r) United States Government Database.--
``(1) Authorization.--The Department is authorized to
develop a Federal database to enable the transmission of data
concerning security-related incidents in the United States
involving unmanned aircraft and unmanned aircraft systems
between Federal, State, local, Tribal, and territorial law
enforcement agencies for purposes of conducting analyses of
such threats in the United States.
``(2) Policies, plans, and procedures.--
``(A) Coordination and consultation.--Before
implementation of the database developed under
paragraph (1), the Secretary shall develop policies,
plans, and procedures for the implementation of the
database--
``(i) in coordination with the Attorney
General, the Secretary of Defense, and the
Secretary of Transportation (acting through the
Administrator of the Federal Aviation
Administration); and
``(ii) in consultation with State, local,
Tribal, and territorial law enforcement agency
representatives, including representatives of
fusion centers.
``(B) Reporting.--The policies, plans, and
procedures developed under subparagraph (A) shall
include criteria for Federal, State, local, Tribal, and
territorial reporting of unmanned aircraft systems or
unmanned aircraft incidents.
``(C) Data retention.--The policies, plans, and
procedures developed under subparagraph (A) shall
ensure that data on security-related incidents in the
United States involving unmanned aircraft and unmanned
aircraft systems that is retained as criminal
intelligence information is retained based on the
reasonable suspicion standard, as permitted under part
23 of title 28, Code of Federal Regulations.''.
<all>
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118S1632 | Compressed Gas Cylinder Safety and Oversight Improvements Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1632 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1632
To require the Secretary of Transportation to promulgate regulations
relating to the approval of foreign manufacturers of cylinders, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Vance (for himself, Ms. Baldwin, Mr. Hagerty, Mr. Durbin, Mr. Budd,
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 the Secretary of Transportation to promulgate regulations
relating to the approval of foreign manufacturers of cylinders, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compressed Gas Cylinder Safety and
Oversight Improvements Act of 2023''.
SEC. 2. REGULATION OF FOREIGN MANUFACTURERS OF CYLINDERS USED IN
TRANSPORTING HAZARDOUS MATERIALS.
(a) Definitions.--In this section:
(1) Cylinder.--The term ``cylinder'' means any cylinder
specified under any of sections 178.36 through 178.68 of title
49, Code of Federal Regulations (or successor regulations).
(2) Foreign manufacturer of cylinders; fmoc.--The term
``foreign manufacturer of cylinders'' or ``FMOC'' means an
entity that manufactures cylinders outside of the United States
that are intended to be represented, marked, certified, or sold
as qualified for use in transporting a hazardous material in
commerce in the United States.
(3) In good standing.--The term ``in good standing'', with
respect to an FMOC, means that the FMOC--
(A) is approved by the Secretary pursuant to
section 107.807 of title 49, Code of Federal
Regulations (or a successor regulation); and
(B) has demonstrated 3 years of compliance with--
(i) part 107 of title 49, Code of Federal
Regulations (or successor regulations); and
(ii) chapter 51 of title 49, United States
Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Approval of Foreign Manufacturers of Cylinders.--
(1) In general.--The Secretary shall promulgate regulations
to provide that an approval provided to an FMOC pursuant to
section 107.807 of title 49, Code of Federal Regulations (or a
successor regulation), shall be for a period of not longer than
1 year, except as provided under paragraph (2).
(2) 5-year approval.--The Secretary may provide a 5-year
approval of an FMOC pursuant to section 107.807 of title 49,
Code of Federal Regulations (or a successor regulation), if the
following requirements are met:
(A) The FMOC attests that none of the cylinders
made by the FMOC are prohibited from entry to the
United States under section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(B) The FMOC certifies that--
(i) the information provided pursuant to
subsection (e) is accurate; and
(ii) the FMOC has a proactive
responsibility to inform the Secretary if any
such information materially changes.
(C) The Secretary determines that the FMOC is in
good standing.
(3) Facility inspections.--
(A) Definition of obstructs.--In this paragraph,
the term ``obstructs'' means taking actions that are
known, or reasonably should be known, to prevent,
hinder, or impede an inspection.
(B) Penalties.--The Secretary may suspend or
terminate an approval of an FMOC if the FMOC obstructs
or prevents the Secretary from carrying out an
inspection under section 107.807(c) of title 49, Code
of Federal Regulations (or a successor regulation).
(4) Interaction with other statutes, agreements,
regulations.--Nothing in this section may be construed to
prevent the harmonization of cylinder standards otherwise
authorized by law.
(5) Other cause for suspension or termination.--The
Secretary may suspend or terminate an approval of an FMOC on
determination that the FMOC knowingly or intentionally
misrepresented responses to the Secretary required by law,
including under subsection (e).
(c) Reevaluation by Request for Related Violations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to establish a process, as
determined by the Secretary, for any interested party to
request a reevaluation of the approval of FMOC cylinders under
section 107.807 of title 49, Code of Federal Regulations (or a
successor regulation), to review the accuracy and safety of the
actions of the FMOC.
(2) Petition for reevaluation.--The regulations promulgated
under paragraph (1) shall allow an interested party to file a
petition if that party has evidence of inaccurate, changed, or
fraudulent attestations or responses made by an FMOC to the
Secretary under subsection (e).
(d) Notice and Comment for Applications by Foreign Manufacturers of
Cylinders.--On receipt of an application for approval under section
107.807 of title 49, Code of Federal Regulations (or a successor
regulation), the Secretary shall--
(1) timely publish notification of the application on the
website of the Pipeline and Hazardous Materials Safety
Administration; and
(2) provide 30 days for public comment on the application
prior to approval.
(e) Additional Questions To Ensure Safety and Compliance With DOT
Processes.--
(1) Additional questions.--The Secretary shall require, as
part of an application for approval pursuant to section 107.807
of title 49, Code of Federal Regulations (or a successor
regulation), that the applicant answer the following questions:
(A) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, has ever
been subject to a civil monetary penalty under title
49, United States Code, relating to any actions carried
out as an approved FMOC or during the application for
approval under that section.
(B) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, has been
delinquent in the payment of any civil monetary
penalties or other fines or fees under title 49, United
States Code.
(C) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
subject to the Do Not Pay Initiative established under
section 3354 of title 31, United States Code, as of the
date of the application.
(D) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
listed in the Military End User List of the Department
of Commerce as of the date of the application.
(E) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
identified by the Department of Defense as an entity
listed under section 1237 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(50 U.S.C. 1701 note; Public Law 105-261) as of the
date of application.
(F) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, has been
found guilty of a criminal penalty or assessed a civil
penalty under section 1760 of division A of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (50 U.S.C. 4819).
(G) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
subject to a final antidumping or countervailing duty
order from the Department of Commerce as of the date of
application.
(2) Denial of application.--The Secretary may deny under
section 107.709 of title 49, Code of Federal Regulations (or a
successor regulation), an application for approval under
section 107.807 of that title (or a successor regulation) based
on the responses to the questions required under paragraph (1).
(f) Foreign Manufacturers Listing Approvals.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter, the
Secretary shall publish and maintain on the website of the Department
of Transportation a list of approved foreign manufacturers of cylinders
and the duration of those approvals.
(g) Authorizing Foreign Inspections.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall revise section
107.807(c) of title 49, Code of Federal Regulations--
(1) to require that in any case in which the Secretary
determines there is good cause, an inspection under that
section shall be carried out annually for such duration as the
Secretary determines appropriate;
(2) to specify that a refusal of inspection under that
section shall result in a loss of the status of in good
standing;
(3) to allow the Secretary to request, at the discretion of
the Secretary--
(A) production of test and production records; and
(B) random sample testing; and
(4) to allow for the recovery of all associated costs of
foreign inspections to include travel, time, and other costs,
as determined by the Secretary.
<all>
</pre></body></html>
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118S1633 | United States Cadet Nurse Corps Service Recognition Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1633 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1633
To amend title 38, United States Code, to recognize and honor the
service of individuals who served in the United States Cadet Nurse
Corps during World War II, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Warren (for herself, Ms. Collins, Mr. King, Mr. Daines, Mr.
Menendez, Mr. Tester, Mr. Hoeven, Ms. Klobuchar, Mr. Blumenthal, Ms.
Stabenow, Mr. Cramer, Mr. Casey, Mr. Boozman, and Mr. Van Hollen)
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 recognize and honor the
service of individuals who served in the United States Cadet Nurse
Corps during World War II, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Cadet Nurse Corps
Service Recognition Act of 2023''.
SEC. 2. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED
IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II.
Section 106 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1)(A) Service as a member of the United States Cadet Nurse
Corps during the period beginning on July 1, 1943, and ending on
December 31, 1948, of any individual who was honorably discharged
therefrom pursuant to subparagraph (B) shall be considered active duty
for purposes of eligibility and entitlement to benefits under chapters
23 and 24 of this title (including with respect to headstones and
markers), other than such benefits relating to the interment of the
individual in Arlington National Cemetery provided solely by reason of
such service.
``(B)(i) Not later than one year after the date of the enactment of
this subsection, the Secretary of Defense shall issue to each
individual who served as a member of the United States Cadet Nurse
Corps during the period beginning on July 1, 1943, and ending on
December 31, 1948, a discharge from such service under honorable
conditions if the Secretary determines that the nature and duration of
the service of the individual so warrants.
``(ii) A discharge under clause (i) shall designate the date of
discharge. The date of discharge shall be the date, as determined by
the Secretary, of the termination of service of the individual
concerned as described in that clause.
``(2) An individual who receives a discharge under paragraph (1)(B)
for service as a member of the United States Cadet Nurse Corps shall be
honored as a veteran but shall not be entitled by reason of such
service to any benefit under a law administered by the Secretary of
Veterans Affairs, except as provided in paragraph (1)(A).
``(3) The Secretary of Defense may design and produce a service
medal or other commendation, or memorial plaque or grave marker, to
honor individuals who receive a discharge under paragraph (1)(B).''.
<all>
</pre></body></html>
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