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118S1634 | Colorado Outdoor Recreation and Economy Act | [
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1634
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 101. Definitions.
Sec. 102. Colorado Wilderness additions.
Sec. 103. Williams Fork Mountains potential wilderness.
Sec. 104. Porcupine Gulch Wildlife Conservation Area.
Sec. 105. Williams Fork Mountains Wildlife Conservation Area.
Sec. 106. Spraddle Creek Wildlife Conservation Area.
Sec. 107. Sandy Treat Overlook.
Sec. 108. White River National Forest boundary modification.
Sec. 109. Rocky Mountain National Park potential wilderness boundary
adjustment.
Sec. 110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 201. Definitions.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Special management areas.
Sec. 204. Release of wilderness study areas.
Sec. 205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Thompson Divide Withdrawal and Protection Area.
Sec. 304. Thompson Divide lease credits.
Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 401. Definitions.
Sec. 402. Curecanti National Recreation Area.
Sec. 403. Acquisition of land; boundary management.
Sec. 404. General management plan.
Sec. 405. Boundary survey.
SEC. 2. DEFINITION OF STATE.
In this Act, the term ``State'' means the State of Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 102(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 104(a);
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 105(a); and
(C) the Spraddle Creek Wildlife Conservation Area
designated by section 106(a).
SEC. 102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of Public
Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated April 22, 2022, which shall be known as the
`Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,624
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated May 1, 2023,
which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 7,634 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek
Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated April 26, 2022, which
shall be incorporated into, and managed as part of, the Eagles
Nest Wilderness designated by Public Law 94-352 (90 Stat.
870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act for purposes of
administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
carry out any activity in a covered area that the Secretary determines
to be necessary for the control of fire, insects, and diseases, subject
to such terms and conditions as the Secretary determines to be
appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) Coordination.--For purposes of administering the Federal land
designated as wilderness by paragraph (26) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77) (as added by subsection (a)(2)), the Secretary shall, as determined
to be appropriate for the protection of watersheds, coordinate the
activities of the Secretary in response to fires and flooding events
with interested State and local agencies.
SEC. 103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River
National Forest in the State, comprising approximately 8,036 acres, as
generally depicted as ``Proposed Williams Fork Mountains Wilderness''
on the map entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as
provided in subsection (d), the potential wilderness area designated by
subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock grazing
or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that livestock
grazing or other use in accordance with applicable laws
(including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use motorized or mechanized
transport or equipment for purposes of constructing or
rehabilitating such range improvements as are necessary to
obtain appropriate livestock management objectives (including
habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a notice that
the construction or rehabilitation of range
improvements under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77), except that any reference
in that Act to the effective date of that Act shall be
considered to be a reference to the date on which the Williams
Fork Mountains Wilderness is designated in accordance with
paragraph (1).
SEC. 104. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the White River
National Forest, as generally depicted as ``Proposed Porcupine Gulch
Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch
Wildlife Conservation Area Proposal'' and dated June 24, 2019, are
designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Recreation.--The Secretary may permit such
recreational activities in the Wildlife Conservation
Area that the Secretary determines are consistent with
the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in clause (iii),
the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area
shall be prohibited.
(ii) New or temporary roads.--Except as
provided in clause (iii) and subsection (e), no
new or temporary road shall be constructed
within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 110(f) precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations) and subject to valid
existing rights, the use of the subsurface of the Wildlife Conservation
Area to construct, realign, operate, or maintain regional
transportation projects, including Interstate 70 and the Eisenhower-
Johnson Tunnels.
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 105. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Williams Fork
Mountains Wildlife Conservation Area'' on the map entitled ``Williams
Fork Mountains Proposal'' and dated June 24, 2019, are designated as
the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Wildlife Conservation Area shall be limited
to designated roads and trails.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife
Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles for administrative
purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in subsection (d);
or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads
and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and
policies followed by the Secretary in issuing and
administering grazing permits or leases on land under
the jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 106. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 2,674 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Spraddle Creek
Wildlife Conservation Area'' on the map entitled ``Eagles Nest
Wilderness Additions Proposal'' and dated April 26, 2022, are
designated as the ``Spraddle Creek Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this title.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles and mechanized transport.--
Except as necessary for administrative purposes or to
respond to an emergency, the use of motorized vehicles
and mechanized transport in the Wildlife Conservation
Area shall be prohibited.
(C) Roads.--
(i) In general.--Except as provided in
clause (ii), no road shall be constructed in
the Wildlife Conservation Area.
(ii) Exceptions.--Nothing in clause (i)
prevents the Secretary from--
(I) constructing a temporary road
as the Secretary determines to be
necessary as a minimum requirement for
carrying out a vegetation management
project in the Wildlife Conservation
Area; or
(II) responding to an emergency.
(iii) Decommissioning of temporary roads.--
Not later than 3 years after the date on which
the applicable vegetation management project is
completed, the Secretary shall decommission any
temporary road constructed under clause (ii)(I)
for the applicable vegetation management
project.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized in the
Wildlife Conservation Area under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 107. SANDY TREAT OVERLOOK.
The interpretive site located beside United States Route 24 within
the Camp Hale-Continental Divide National Monument, at 39.431N
106.323W, is designated as the ``Sandy Treat Overlook''.
SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is
modified to include the approximately 120 acres comprised of the SW\1/
4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R.
80 W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section
200306 of title 54, United States Code, the boundaries of the White
River National Forest, as modified by subsection (a), shall be
considered to be the boundaries of the White River National Forest as
in existence on January 1, 1965.
SEC. 109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY
ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the
ongoing maintenance and use of portions of the Trail River Ranch and
the associated property located within Rocky Mountain National Park in
Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is
amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment' and
dated January 16, 2018.''.
SEC. 110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an amendment made
by this title establishes a protective perimeter or buffer zone
around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 103; or
(C) a Wildlife Conservation Area.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the activity
or use outside the boundary of the applicable area described in
paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the areas described in subsection (b)(1)
by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of each area described in subsection (b)(1)
with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may--
(A) correct any typographical errors in the maps
and legal descriptions; and
(B) in consultation with the State, make minor
adjustments to the boundaries of the Porcupine Gulch
Wildlife Conservation Area designated by section 104(a)
and the Williams Fork Mountains Wildlife Conservation
Area designated by section 105(a) to account for
potential highway or multimodal transportation system
construction, safety measures, maintenance,
realignment, or widening.
(3) Public availability.--Each map and legal description
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described in
subsection (b)(1) by donation, purchase from a willing seller,
or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area or Wildlife
Conservation Area, as applicable, in which the land or interest
in land is located.
(f) Withdrawal.--Subject to valid existing rights, the areas
described in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Military Overflights.--Nothing in this title or an amendment
made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this title,
including military overflights that can be seen, heard, or
detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an
area described in paragraph (1); or
(B) any military flight training or transportation
over such an area.
(h) Sense of Congress.--It is the sense of Congress that military
aviation training on Federal public land in the State, including the
training conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the United
States and the readiness of the Armed Forces.
TITLE II--SAN JUAN MOUNTAINS
SEC. 201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 203(a)(2).
SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77) (as amended by section 102(a)(2)) is amended
by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated September 6, 2018, which is incorporated in, and
shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,235 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,465 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated September 6, 2018, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and dated
September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,663
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated September
19, 2018, is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated September
6, 2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
as provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
Act to continue within the Special Management Areas,
subject to such terms and conditions as the Secretary
may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated September 19, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September
6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that, for purposes of this title--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of this
Act, or the Bowen Gulch Protection Area or the Fossil Ridge
Recreation Management Area identified in sections 5 and 6 of
this Act'', or ``the areas described in sections 2, 5, 6, and 9
of this Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado Outdoor
Recreation and Economy Act''.
(e) Sheep Mountain Special Management Area Nordic Ski Safety
Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
interested parties, shall complete a study on ensuring safe
access for Nordic skiing in the vicinity of the Sheep Mountain
Special Management Area, consistent with the purposes of the
Sheep Mountain Special Management Area.
(2) Requirement.--In conducting the study under paragraph
(1), the Secretary, in coordination with San Miguel County in
the State, the State Department of Transportation, and other
interested stakeholders, shall identify a range of reasonable
actions that could be taken by the Secretary to provide or
facilitate off-highway parking areas along State Highway 145 to
facilitate safe access for Nordic skiing in the vicinity of the
Sheep Mountain Special Management Area.
SEC. 204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II
of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 202)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
laws.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 202) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (27) through (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 202) by
donation, purchase from a willing seller, or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
with jurisdiction over a wilderness area designated by paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section 202) may
carry out any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be appropriate.
(h) Withdrawal.--Subject to valid existing rights, the covered land
and the approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated
September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and other
disposal laws in order to protect the agricultural, ranching,
wildlife, air quality, recreation, ecological, and scenic
values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere.
SEC. 302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land or
interests in Federal land in Garfield, Gunnison, Delta, or
Pitkin County in the State, within the boundaries of the
``Fugitive Coal Mine Methane Use Pilot Program Area'', as
generally depicted on the pilot program map, that would leak or
be vented into the atmosphere from--
(A) an active or inactive coal mine subject to a
Federal coal lease; or
(B) an abandoned underground coal mine or the site
of a former coal mine--
(i) that is not subject to a Federal coal
lease; and
(ii) with respect to which the Federal
interest in land includes mineral rights to the
methane gas.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 305(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive Coal
Mine Methane Use Pilot Program Area'' and dated April 29, 2022.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease''
means any oil or gas lease in effect on the date of
enactment of this Act within the Thompson Divide
Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease''
does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage
Field development right; or
(ii) before the date of enactment of this
Act, has expired, been cancelled, or otherwise
terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map'' and
dated May 15, 2023.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals within the area generally
depicted as the ``Thompson Divide Withdrawal and Protection
Area'' on the Thompson Divide map.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage
Field development right'' means a development right for
any of the Federal mineral leases numbered COC 0007496,
COC 0007497, COC 0007498, COC 0007499, COC 0007500, COC
0007538, COC 0008128, COC 0015373, COC 0128018, COC
0051645, and COC 0051646, as generally depicted on the
Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage
Field development right'' does not include any storage
right or related activity within the area described in
subparagraph (A).
SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the Thompson
Divide Withdrawal and Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
(c) Grazing.--Nothing in this title affects the administration of
grazing in the Thompson Divide Withdrawal and Protection Area.
SEC. 304. THOMPSON DIVIDE LEASE CREDITS.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder, the
Secretary may issue to the leaseholder credits for any bid, royalty, or
rental payment due under any Federal oil or gas lease on Federal land
in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide lease
relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for
the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the
applicable Thompson Divide leases as of the
date on which the leaseholder submits to the
Secretary a notice of the decision to
relinquish the applicable Thompson Divide
leases; and
(iii) the amount of any reasonable expenses
incurred by the leaseholder of the applicable
Thompson Divide leases in the preparation of
any drilling permit, sundry notice, or other
related submission in support of the
development of the applicable Thompson Divide
leases as of January 28, 2019, including any
expenses relating to the preparation of any
analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for--
(A) legal fees or related expenses for legal work
with respect to a Thompson Divide lease; or
(B) any expenses incurred before the issuance of a
Thompson Divide lease.
(c) Cancellation.--Effective on relinquishment under this section,
and without any additional action by the Secretary, a Thompson Divide
lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted in
accordance with--
(A) this title; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as cash
for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease under this
section, any leaseholder with a Wolf Creek Storage Field
development right shall permanently relinquish, transfer, and
otherwise convey to the Secretary, in a form acceptable to the
Secretary, all Wolf Creek Storage Field development rights of
the leaseholder.
(2) Credits.--
(A) In general.--In consideration for the transfer
of development rights under paragraph (1), the
Secretary may issue to a leaseholder described in that
paragraph credits for any reasonable expenses incurred
by the leaseholder in acquiring the Wolf Creek Storage
Field development right or in the preparation of any
drilling permit, sundry notice, or other related
submission in support of the development right as of
January 28, 2019, including any reasonable expenses
relating to the preparation of any analysis under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Approval.--Any credits for a transfer of the
development rights under paragraph (1), shall be
subject to--
(i) the exclusion described in subsection
(b)(2);
(ii) the conditions described in subsection
(d); and
(iii) the approval of the Secretary.
(3) Limitation of transfer.--Development rights acquired by
the Secretary under paragraph (1)--
(A) shall be held for as long as the parent leases
in the Wolf Creek Storage Field remain in effect; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT
PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to improve air quality; and
(D) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan--
(i) to complete an inventory of fugitive
methane emissions in accordance with subsection
(b);
(ii) to provide for the leasing of fugitive
methane emissions in accordance with subsection
(c); and
(iii) to provide for the capping or
destruction of fugitive methane emissions in
accordance with subsection (d).
(B) Coordination.--In developing the plan under
this paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin
Counties in the State;
(iii) lessees of Federal coal within the
counties referred to in clause (ii);
(iv) interested institutions of higher
education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emissions Inventory.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--
(A) Collaboration.--The Secretary may conduct the
inventory under paragraph (1) through, or in
collaboration with--
(i) the Bureau of Land Management;
(ii) the United States Geological Survey;
(iii) the Environmental Protection Agency;
(iv) the United States Forest Service;
(v) State departments or agencies;
(vi) Garfield, Gunnison, Delta, or Pitkin
County in the State;
(vii) the Garfield County Federal Mineral
Lease District;
(viii) institutions of higher education in
the State;
(ix) lessees of Federal coal within a
county referred to in subparagraph (F);
(x) the National Oceanic and Atmospheric
Administration;
(xi) the National Center for Atmospheric
Research; or
(xii) other interested entities, including
members of the public.
(B) Federal split estate.--
(i) In general.--In conducting the
inventory under paragraph (1) for Federal
minerals on split estate land, the Secretary
shall rely on available data.
(ii) Limitation.--Nothing in this section
requires or authorizes the Secretary to enter
or access private land to conduct the inventory
under paragraph (1).
(3) Contents.--The inventory conducted under paragraph (1)
shall include--
(A) the general location and geographic coordinates
of vents, seeps, or other sources producing significant
fugitive methane emissions;
(B) an estimate of the volume and concentration of
fugitive methane emissions from each source of
significant fugitive methane emissions, including
details of measurements taken and the basis for that
emissions estimate;
(C) relevant data and other information available
from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health
Administration;
(iii) the Colorado Department of Natural
Resources;
(iv) the Colorado Public Utility
Commission;
(v) the Colorado Department of Health and
Environment; and
(vi) the Office of Surface Mining
Reclamation and Enforcement; and
(D) such other information as may be useful in
advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall, as
appropriate, provide opportunities for public
participation in the conduct of the inventory under
paragraph (1).
(B) Availability.--The Secretary shall make the
inventory conducted under paragraph (1) publicly
available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release information
that--
(i) poses a threat to public safety;
(ii) is confidential business information;
or
(iii) is otherwise protected from public
disclosure.
(5) Impact on coal mines subject to lease.--
(A) In general.--For the purposes of conducting the
inventory under paragraph (1), for land subject to a
Federal coal lease, the Secretary shall use readily
available methane emissions data.
(B) Effect.--Nothing in this section requires the
holder of a Federal coal lease to report additional
data or information to the Secretary.
(6) Use.--The Secretary shall use the inventory conducted
under paragraph (1) in carrying out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emissions Leasing Program and Sequestration.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the
holder of a valid existing Federal coal lease for a
mine that is producing fugitive methane emissions to
capture for use or destroy the fugitive methane
emissions.
(B) Conditions.--The authority under subparagraph
(A) shall be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the
Secretary may require.
(C) Limitations.--The program carried out under
paragraph (1) shall only include fugitive methane
emissions that can be captured for use or destroyed in
a manner that does not--
(i) endanger the safety of any coal mine
worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work
cooperatively with the holders of valid
existing Federal coal leases for mines that
produce fugitive methane emissions to
encourage--
(I) the capture of fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, or transforming the fugitive
methane emissions into a different
marketable material; or
(II) if the beneficial use of the
fugitive methane emissions is not
feasible, the destruction of the
fugitive methane emissions.
(ii) Guidance.--In support of cooperative
efforts with holders of valid existing Federal
coal leases to capture for use or destroy
fugitive methane emissions, not later than 1
year after the date of enactment of this Act,
the Secretary shall issue guidance to the
public for the implementation of authorities
and programs to encourage the capture for use
and destruction of fugitive methane emissions,
while minimizing impacts on natural resources
or other public interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are subject to the
payment of a royalty under applicable law.
(3) Fugitive methane emissions from land not subject to a
federal coal lease.--
(A) In general.--Except as otherwise provided in
this section, notwithstanding section 303 and subject
to valid existing rights and any other applicable law,
the Secretary shall, for land not subject to a Federal
coal lease--
(i) authorize the capture for use or
destruction of fugitive methane emissions; and
(ii) make available for leasing such
fugitive methane emissions as the Secretary
determines to be in the public interest.
(B) Source.--To the extent practicable, the
Secretary shall offer for lease, individually or in
combination, each significant source of fugitive
methane emissions on land not subject to a Federal coal
lease.
(C) Bid qualifications.--A bid to lease fugitive
methane emissions under this paragraph shall specify
whether the prospective lessee intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing usable
heat, transporting the methane to market, or
transforming the fugitive methane emissions
into a different marketable material;
(ii) to destroy the fugitive methane
emissions; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane
emissions for beneficial use; and
(II) destroying the fugitive
methane emissions.
(D) Priority.--
(i) In general.--If there is more than 1
qualified bid for a lease under this paragraph,
the Secretary shall select the bid that the
Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the
public interest under clause (i), the Secretary
shall take into consideration--
(I) the overall decrease in the
fugitive methane emissions;
(II) the impacts to other natural
resource values, including wildlife,
water, and air; and
(III) other public interest values,
including scenic, economic, recreation,
and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective bidders a
lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall include terms
and conditions requiring the leased fugitive
methane emissions to be put to beneficial use
or destroyed by not later than 3 years after
the date of issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a
minimum bid, as the Secretary determines to be
necessary, and royalty rate for leases under this
paragraph.
(d) Sequestration.--If, by not later than 4 years after the date of
completion of the inventory under subsection (b), any significant
fugitive methane emissions are not leased under subsection (c)(3), the
Secretary shall, subject to the availability of appropriations and in
accordance with applicable law, take all reasonable measures--
(1) to provide incentives for new leases under subsection
(c)(3);
(2) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(3) to destroy the fugitive methane emissions, if
incentivizing leases under paragraph (1) or sequestration under
paragraph (2) is not feasible, with priority for locations that
destroy the greatest quantity of fugitive methane emissions at
the lowest cost.
(e) Report to Congress.--Not later than 4 years after the date of
enactment of this Act 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 detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the
pilot program could be expanded to include--
(A) other significant sources of emissions of
fugitive methane located outside the boundaries of the
area depicted as ``Fugitive Coal Mine Methane Use Pilot
Program Area'' on the pilot program map; and
(B) the leasing of natural methane seeps under the
activities authorized pursuant to subsection (c)(3).
SEC. 306. EFFECT.
Except as expressly provided in this title, nothing in this title--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in the
State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485D, and dated April 25, 2022.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation Area
established by section 402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date
on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment
of this Act, there shall be established as a unit of the National Park
System the Curecanti National Recreation Area, in accordance with this
Act, consisting of approximately 50,300 acres of land in the State, as
generally depicted on the map as ``Curecanti National Recreation Area
Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations) generally
applicable to units of the National Park System,
including section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this title affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit
of the Colorado River Storage Project under the
Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If, before the
date that is 1 year after the date of enactment
of this Act, the Commissioner of Reclamation
submits to the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the minimum
quantity of land within the land identified on
the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'' that the
Commissioner of Reclamation identifies as
necessary for the effective operation of Bureau
of Reclamation water facilities, the Secretary
may--
(I) approve, approve with
modifications, or disapprove the
request; and
(II) if the request is approved
under subclause (I), make any
modifications to the map that are
necessary to reflect that the
Commissioner of Reclamation retains
management authority over the minimum
quantity of land required to fulfill
the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative
jurisdiction over the land identified
on the map as ``Lands withdrawn or
acquired for Bureau of Reclamation
projects'', as modified pursuant to
clause (i)(II), if applicable, shall be
transferred from the Commissioner of
Reclamation to the Director of the
National Park Service by not later than
the date that is 1 year after the date
of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject
to item (bb), the Commissioner
of Reclamation shall retain
access to the land transferred
to the Director of the National
Park Service under subclause
(I) for reclamation purposes,
including for the operation,
maintenance, and expansion or
replacement of facilities.
(bb) Memorandum of
understanding.--The terms of
the access authorized under
item (aa) shall be determined
by a memorandum of
understanding entered into
between the Commissioner of
Reclamation and the Director of
the National Park Service not
later than 1 year after the
date of enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management agreements
in existence on the date of enactment of this Act,
relating to the authority of the Director of the
National Park Service, the Commissioner of Reclamation,
the Director of the Bureau of Land Management, or the
Chief of the Forest Service to manage Federal land
within or adjacent to the boundary of the National
Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or adjacent to
the National Recreation Area, in accordance with the
cooperative management authority under section 101703
of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable
Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting
through the Superintendent of the National
Recreation Area, may designate zones in which,
and establish periods during which, no boating,
hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A)
for reasons of public safety, administration,
or compliance with applicable laws.
(ii) Consultation required.--Except in the
case of an emergency, any closure proposed by
the Secretary under clause (i) shall not take
effect until after the date on which the
Superintendent of the National Recreation Area
consults with--
(I) the appropriate State agency
responsible for hunting and fishing
activities; and
(II) the Board of County
Commissioners in each county in which
the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located within the area
generally depicted as ``Conservation Opportunity Area'' on the
map entitled ``Preferred Alternative'' in the document entitled
``Report to Congress: Curecanti Special Resource Study'' and
dated June 2009, the Secretary may work in partnership with the
individual to enhance the long-term conservation of natural,
cultural, recreational, and scenic resources in and around the
National Recreation Area--
(A) by acquiring all or a portion of the private
land or interests in private land within the
Conservation Opportunity Area by purchase, exchange, or
donation, in accordance with section 403;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Incorporation of acquired land and interests.--Any land
or interest in land acquired by the United States under
paragraph (5) shall--
(A) become part of the National Recreation Area;
and
(B) be managed in accordance with this title.
(7) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area, including
land acquired pursuant to this section, is withdrawn from--
(A) entry, appropriation, and disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(8) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired
under this title is subject to a State grazing
lease in effect on the date of acquisition, the
Secretary shall allow the grazing to continue
for the remainder of the term of the lease,
subject to the related terms and conditions of
user agreements, including permitted stocking
rates, grazing fee levels, access rights, and
ownership and use of range improvements.
(ii) Access.--A lessee of State land may
continue to use established routes within the
National Recreation Area to access State land
for purposes of administering the lease if the
use was permitted before the date of enactment
of this Act, subject to such terms and
conditions as the Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on
land acquired from the State or private landowners
under section 403, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired under
section 403 for the National Recreation Area on which
authorized grazing is occurring before the date of
enactment of this Act, the Secretary, in consultation
with the lessee, may allow the continuation and renewal
of grazing on the land based on the terms of
acquisition or by agreement between the Secretary and
the lessee, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing
leases, uses, and practices in effect as of the
date of enactment of this Act, the continuation
and renewal of grazing on Federal land located
within the boundary of the National Recreation
Area on which grazing is allowed before the
date of enactment of this Act, unless the
Secretary determines that grazing on the
Federal land would present unacceptable impacts
(as defined in section 1.4.7.1 of the National
Park Service document entitled ``Management
Policies 2006: The Guide to Managing the
National Park System'') to the natural,
cultural, recreational, and scenic resource
values and the character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation Area.
(E) Termination of leases.--Within the National
Recreation Area, the Secretary may--
(i) accept the voluntary termination of a
lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more years,
terminate the lease or permit.
(9) Water rights.--Nothing in this title--
(A) affects any use or allocation in existence on
the date of enactment of this Act of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) shall be considered to be a relinquishment or
reduction of any water right reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act; or
(E) constitutes an express or implied Federal
reservation of any water or water rights with respect
to the National Recreation Area.
(10) Fishing easements.--
(A) In general.--Nothing in this title diminishes
or alters the fish and wildlife program for the
Aspinall Unit developed under section 8 of the Act of
April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (70 Stat. 110, chapter 203; 43
U.S.C. 620g), by the United States Fish and Wildlife
Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in
interest to that division) that provides for the
acquisition of public access fishing easements as
mitigation for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the obligation of
the Secretary under the program to acquire 26 miles of
class 1 public fishing easements to provide to
sportsmen access for fishing within the Upper Gunnison
Basin upstream of the Aspinall Unit, subject to the
condition that no existing fishing access downstream of
the Aspinall Unit shall be counted toward the minimum
mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
plan for fulfilling the obligation of the Secretary
described in subparagraph (B) by the date that is 10
years after the date of enactment of this Act.
(D) Reports.--Not later than each of 2 years, 5
years, and 8 years after the date of enactment of this
Act, the Secretary shall submit to Congress a report
that describes the progress made in fulfilling the
obligation of the Secretary described in subparagraph
(B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members of
Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National Recreation
Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with
donated or appropriated funds;
(iii) transfer from another Federal agency;
or
(iv) exchange.
(B) State land.--Land or interests in land owned by
the State or a political subdivision of the State may
only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over
the approximately 2,500 acres of land identified on the
map as ``U.S. Forest Service proposed transfer to the
National Park Service'' is transferred to the
Secretary, to be administered by the Director of the
National Park Service as part of the National
Recreation Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to exclude
the land transferred to the Secretary under
subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 6,100 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the Bureau
of Land Management, subject to the revocation of Bureau of
Reclamation withdrawal'' shall be transferred to the Director
of the Bureau of Land Management on relinquishment of the land
by the Bureau of Reclamation and revocation by the Bureau of
Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange lands''
shall be relinquished by the Commissioner of Reclamation and
revoked by the Director of the Bureau of Land Management and
the land shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private
land described in section 402(c)(5)--
(i) subject to a conservation easement
remaining on the transferred land, to protect
the scenic resources of the transferred land;
and
(ii) in accordance with the laws (including
regulations) and policies governing National
Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall
be added to, and managed as a part of, the National
Recreation Area.
(d) Addition to National Recreation Area.--Any land within the
boundary of the National Recreation Area that is acquired by the United
States shall be added to, and managed as a part of, the National
Recreation Area.
SEC. 404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this title, the Director of the National Park
Service, in consultation with the Commissioner of Reclamation, shall
prepare a general management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States Code.
SEC. 405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park
Service) shall prepare a boundary survey and legal description of the
National Recreation Area.
<all>
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118S1635 | Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023 | [
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1635 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1635
To require the Secretary of Veterans Affairs to take certain actions to
improve the processing by the Department of Veterans Affairs of claims
for disability compensation for post-traumatic stress disorder, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Klobuchar (for herself and Mr. Rounds) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to take certain actions to
improve the processing by the Department of Veterans Affairs of claims
for disability compensation for post-traumatic stress disorder, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs Post-
Traumatic Stress Disorder Processing Claims Improvement Act of 2023''.
SEC. 2. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS AFFAIRS OF
DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS DISORDER.
(a) Training for Claims Processors Who Handle Claims Relating to
Post-Traumatic Stress Disorder.--
(1) Update training programs.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall, acting through the Under Secretary for
Benefits, update an ongoing, national training program for
claims processors who review claims for compensation for
service-connected post-traumatic stress disorder.
(2) Participation required.--Beginning on the date that is
180 days after the date of the enactment of this Act, the
Secretary shall require that each claims processor described in
paragraph (1) participates in the training established under
paragraph (1) at least once each year beginning in the second
year in which the claims processor carries out the duties of
the claims processor for the Department.
(3) Required elements.--The training established under
paragraph (1) shall include instruction on stressor development
and verification.
(b) Standardization of Training at Regional Offices.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary, acting through the Under Secretary, shall standardize the
training provided at regional offices of the Veterans Benefits
Administration to the employees of such regional offices.
(c) Formal Process for Conduct of Annual Analysis of Trends.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary, acting through the Under Secretary, shall establish a formal
process to analyze, on an annual basis, training needs based on
identified processing error trends.
(d) Formal Process for Conduct of Annual Studies.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Under Secretary, shall establish a formal process to conduct,
on an annual basis, studies to help guide the national training
program established under subsection (a)(1).
(2) Elements.--Each study conducted under paragraph (1)
shall cover the following:
(A) Military post-traumatic stress disorder
stressors.
(B) Decision-making claims for claims processors.
(e) Annual Updates to Post-Traumatic Stress Disorder Procedural
Guidance.--Not later than 180 days after the date of the enactment of
this Act and not less frequently than once each year thereafter, the
Secretary, acting through the Under Secretary, shall evaluate the
guidance relating to post traumatic stress disorder to determine if
updates are warranted to provide claims processors of the Department
with better resources regarding best practices for claims processing,
including specific guidance regarding development of claims involving
compensation for service-connected posttraumatic stress disorder.
<all>
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118S1636 | Protecting Rural Telehealth Access Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1636 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1636
To amend title XVIII of the Social Security Act to protect access to
telehealth services under the Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Manchin (for himself, Ms. Ernst, Mrs. Shaheen, and Mr. Moran)
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 protect access to
telehealth services 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 ``Protecting Rural Telehealth Access
Act''.
SEC. 2. ELIMINATION OF RESTRICTIONS RELATING TO TELEHEALTH SERVICES.
(a) Elimination of Geographic Requirements for Originating Sites.--
Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``clause (iii)'' and inserting ``clauses (iii) and
(iv)''; and
(2) by adding at the end the following new clause:
``(iv) Elimination of geographic
requirements for originating sites.--The
geographic requirements described in clause (i)
shall not apply with respect to telehealth
services furnished on or after January 1,
2025.''.
(b) Elimination of Restrictions in Which Telehealth Services May Be
Furnished in the Home.--Section 1834(m)(4)(C)(ii)(X) of the Social
Security Act (42 U.S.C. 1395m(m)(4)(C)(i)(X) is amended to read as
follows:.
``(X)(aa) For the period beginning
on the date of the enactment of this
subclause and ending on December 31,
2024, the home of an individual but
only for purposes of section
1881(b)(3)(B) or telehealth services
described in paragraph (7).
``(bb) For the period beginning on
or after January 1, 2025, the home of
an individual.''.
(c) Elimination of Restrictions on Store-and-Forward
Technologies.--The second sentence of section 1834(m)(1) of the Social
Security Act (42 U.S.C. 1395m(m)(1)) is amended by striking ``in the
case of any Federal telemedicine demonstration program conducted in
Alaska or Hawaii,''.
SEC. 3. TELEHEALTH FLEXIBILITIES FOR CRITICAL ACCESS HOSPITALS.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in the first sentence of paragraph (1), by striking
``and (9)'' and inserting ``(9), and (10)'';
(2) in paragraph (2)(A), by striking ``paragraph (8)'' and
inserting ``paragraphs (8) and (10)'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``paragraph
(8)'' and inserting ``paragraphs (8) and (10)''; and
(B) in subparagraph (F)(i), by striking ``paragraph
(8)'' and inserting ``paragraphs (8) and (10)''; and
(4) by adding at the end the following new paragraph:
``(10) Telehealth flexibilities for critical access
hospitals.--
``(A) In general.--On or after the date of the
enactment of this paragraph--
``(i) the Secretary shall pay for
telehealth services that are furnished via a
telecommunications system by a critical access
hospital, including any practitioner authorized
to provide such services within the facility,
that is a qualified provider (as defined in
subparagraph (B)) to an eligible telehealth
individual enrolled under this part
notwithstanding that the critical access
hospital providing the telehealth service is
not at the same location as the beneficiary, if
such services complement a plan of care that
includes in-person care at some point, as may
be appropriate;
``(ii) the amount of payment to a critical
access hospital that serves as a distant site
for such a telehealth service shall be
determined under subparagraph (C); and
``(iii) for purposes of this subsection--
``(I) the term `distant site'
includes a critical access hospital
that furnishes a telehealth service to
an eligible telehealth individual; and
``(II) the term `telehealth
services' includes behavioral health
services and any other outpatient
critical access hospital service that
is furnished using telehealth to the
extent that payment codes corresponding
to services identified by the Secretary
under clause (i) or (ii) of paragraph
(4)(F) are listed on the corresponding
claim for such critical access hospital
service.
``(B) Definition of qualified provider.--For
purposes of this subsection, the term `qualified
provider' means, with respect to a telehealth service
described in subparagraph (A)(i) that is furnished to
an eligible telehealth individual, a critical access
hospital that has an established patient relationship
with such individual as defined by the State in which
the individual is located.
``(C) Payment.--The amount of payment to a critical
access hospital that serves as a distant site that
furnishes a telehealth service to an eligible
telehealth individual under this paragraph shall be
equal to 101 percent of the reasonable costs of the
hospital in providing such services, unless the
hospital makes an election under paragraph (2) of
section 1834(g) to be paid for such services based on
the methodology described in such paragraph. Telehealth
services furnished by a critical access hospital shall
be counted for purposes of determining the provider
productivity rate of the critical access hospital for
purposes of payment under such section.
``(D) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph through program instruction, interim final
rule, or otherwise.''.
SEC. 4. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES FOR FEDERALLY
QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS.
Section 1834(m)(8) of the Social Security Act (42 U.S.C.
1395m(m)(8)), as amended by section 4113(c) of division FF of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by inserting ``, and on or after January 1, 2025'' after
``December 31, 2024'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Payment.--
``(i) In general.--A telehealth service
furnished by a Federally qualified health
center or a rural health clinic to an eligible
telehealth individual pursuant to this
paragraph or after the date of the enactment of
this subparagraph shall be reimbursed under
this title at a separate telehealth payment
rate as determined under the methodology
established by the Secretary pursuant to clause
(ii).
``(ii) Payment methodology.--The Secretary
shall establish a methodology for determining
the appropriate payment rate for telehealth
services described in clause (i). Such
methodology shall consider--
``(I) the geography of Federally
qualified health centers and rural
health clinics;
``(II) costs associated with the
delivery of such telehealth services as
allowable costs for the center or
clinic; and
``(III) the full cost of providing
the services via telehealth.
``(iii) Implementation.--
``(I) Coding system.--The Secretary
shall establish an effective coding
system for telehealth services
described in clause (i) that is
reflective of the services provided at
a center or clinic.
``(II) Implementation.--
Notwithstanding any other provision of
law, the Secretary may implement this
subparagraph through program
instruction, interim final rule, or
otherwise.''; and
(3) by adding at the end the following new subparagraph:
``(C) Requirement during additional period.--
``(i) In general.--Beginning on January 1,
2025, payment may only be made under this
paragraph for a telehealth service described in
subparagraph (A)(i) that is furnished to an
eligible telehealth individual if such service
is furnished by a qualified provider (as
defined in clause (ii)).
``(ii) Definition of qualified provider.--
For purposes of this subparagraph, the term
`qualified provider' means, with respect to a
telehealth service described in subparagraph
(A)(i) that is furnished to an eligible
telehealth individual, a Federally qualified
health center or rural health clinic that has
an established patient relationship with such
individual as defined by the State in which the
individual is located.''.
SEC. 5. ALLOWANCE OF CERTAIN TELEHEALTH SERVICES FURNISHED USING AUDIO-
ONLY TECHNOLOGY.
Section 1834(m)(4) of the Social Security Act (42 U.S.C.
1395m(m)(4)) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is
amended by adding at the end the following new subparagraph:
``(G) Telecommunications system.--
``(i) In general.--Notwithstanding
paragraph (1) and section 410.78(a)(3) of title
42, Code of Federal Regulations (or any
successor regulation), subject to clause (v),
on or after January, 2025, the term
`telecommunications system' includes, in the
case of the furnishing of a specified
telehealth service (as defined in clause (ii))
a communications system that uses audio-only
technology.
``(ii) Specified telehealth service.--In
this subparagraph, the term `specified
telehealth service' means a telehealth service
described in clause (iii) that is furnished by
a qualified provider (as defined in clause
(iv)).
``(iii) Telehealth service described.--
Subject to clause (vi), a telehealth service
described in this clause is a telehealth
service consisting of--
``(I) evaluation and management
services;
``(II) behavioral health counseling
and educational services; and
``(III) other services determined
appropriate by the Secretary.
``(iv) Qualified provider defined.--
``(I) In general.--For purposes of
clause (ii), the term `qualified
provider' means, with respect to a
specified telehealth service that is
furnished to an eligible telehealth
individual--
``(aa) a physician or
practitioner who has an
established patient
relationship with such
individual as defined by the
State in which the individual
is located; or
``(bb) a critical access
hospital (as defined in section
1861(mm)(1)), a rural health
clinic (as defined in section
1861(aa)(2)), a Federally
qualified health center (as
defined in section
1861(aa)(4)), a hospital (as
defined in section 1861(e)), a
hospital-based or critical
access hospital-based renal
dialysis center (including
satellites), a skilled nursing
facility (as defined in section
1819(a)), a community mental
health center (as defined in
section 1861(ff)(3)(B)), or a
rural emergency hospital (as
defined in section
1861(kkk)(2)).
``(v) Authority.--For purposes of this
subparagraph, the Secretary may determine
whether it is clinically appropriate to furnish
a specified telehealth service via a
communications system that uses audio-only
technology and whether an in-person initial
visit (in addition to any requirement with
respect to the furnishing of an item or service
in person pursuant to clause (iv)(I)) is
required prior to the furnishing of such
service using such technology.
``(vi) Review.--
``(I) In general.--Not later than 5
years after the date of the enactment
of this subparagraph, the Secretary
shall conduct a review of the
furnishing of specified telehealth
services through audio-only technology
pursuant to this paragraph. Such review
shall include an analysis of the impact
of the roll out of broadband technology
and whether the use of audio-only
technology is necessary to ensure
access to such telehealth services.
``(II) Redetermination of specified
telehealth services.--The Secretary
may, based on the review conducted
under subclause (I), provide for the
addition or deletion of services (and
HCPCS codes), as appropriate, to those
specified in clause (ii) that may be
furnished using audio-only technology
and authorized for payment pursuant to
this subparagraph.
``(vii) Clarification regarding payment.--
The amount of payment for a specified
telehealth service that is furnished using
audio-only technology shall be equal to the
amount that would have been paid for such
service under this subsection had such service
been furnished via any other telecommunications
system authorized under this subsection.''.
SEC. 6. SENSE OF CONGRESS REGARDING EXPANSION OF ELIGIBLE PRACTITIONERS
THAT MAY FURNISH TELEHEALTH SERVICES.
It is the sense of Congress that the expansion of eligible
practitioners that may furnish telehealth services (as defined in
section 1834(m)(4)(F) of the Social Security Act (42 U.S.C.
1395m(m)(4)(F))) during the emergency period described in section
1135(g)(1)(B) of such Act (42 U.S.C. 1320b-5(g)(1)(B)) should be
extended on a permanent basis.
<all>
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118S1637 | Combating BDS Act of 2023 | [
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[From the U.S. Government Publishing Office]
[S. 1637 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1637
To provide for nonpreemption of measures by State and local governments
to divest from entities that engage in certain boycott, divestment, or
sanctions activities targeting Israel or persons doing business in
Israel or Israeli-controlled territories, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Rubio (for himself, Mr. Cassidy, Mr. Braun, Mr. Scott of Florida,
Mr. Daines, and Mr. Hagerty) introduced the following bill; which was
read twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To provide for nonpreemption of measures by State and local governments
to divest from entities that engage in certain boycott, divestment, or
sanctions activities targeting Israel or persons doing business in
Israel or Israeli-controlled territories, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating BDS Act of 2023''.
SEC. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO
DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT,
DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR
PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED
TERRITORIES.
(a) State and Local Measures.--Notwithstanding any other provision
of law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (c) to divest the assets of the
State or local government from, prohibit investment of the assets of
the State or local government in, or restrict contracting by the State
or local government for goods and services with--
(1) an entity that the State or local government
determines, using credible information available to the public,
knowingly engages in an activity described in subsection (b);
(2) a successor entity or subunit of an entity described in
paragraph (1); or
(3) an entity that owns or controls or is owned or
controlled by an entity described in paragraph (1).
(b) Activities Described.--An activity described in this subsection
is a commerce-related or investment-related boycott, divestment, or
sanctions activity in the course of interstate or international
commerce that is intended to penalize, inflict economic harm on, or
otherwise limit commercial relations with Israel or persons doing
business in Israel or Israeli-controlled territories for purposes of
coercing political action by, or imposing policy positions on, the
Government of Israel.
(c) Requirements.--A State or local government that seeks to adopt
or enforce a measure under subsection (a) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice--
(A) in the case of a measure relating to divestment
or investment, to each entity to which the measure is
to be applied; and
(B) in the case of a measure relating to
contracting, of the restrictions imposed by the measure
to each prospective contractor before entering into a
contract.
(2) Timing.--A measure relating to divestment or investment
shall apply to an entity not earlier than the date that is 90
days after the date on which written notice is provided to the
entity under paragraph (1).
(3) Opportunity for comment.--In the case of a measure
relating to divestment or investment, the State or local
government shall provide an opportunity to comment in writing
to each entity to which the measure is to be applied. If the
entity demonstrates to the State or local government that
neither the entity nor any entity related to the entity as
described in paragraph (2) or (3) of subsection (a) has
knowingly engaged in an activity described in subsection (b),
the measure shall not apply to the entity.
(4) Disclosure in contracting measures.--The State or local
government may require, in a measure relating to contracting,
that a prospective contractor disclose whether the prospective
contractor or any entity related to the prospective contractor
as described in paragraph (2) or (3) of subsection (a)
knowingly engages in any activity described in subsection (b)
before entering into a contract.
(5) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (a) with respect to
an entity unless the State or local government has made every
effort to avoid erroneously targeting the entity and has
verified that the entity engages in an activity described in
subsection (b).
(d) Notice to Department of Justice.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after adopting a measure described in
subsection (a), the State or local government that adopted the
measure shall submit written notice to the Attorney General
describing the measure.
(2) Existing measures.--With respect to measures described
in subsection (a) adopted before the date of the enactment of
this Act, the State or local government that adopted the
measure shall submit written notice to the Attorney General
describing the measure not later than 30 days after the date of
the enactment of this Act.
(e) Nonpreemption.--A measure of a State or local government that
is consistent with subsection (a) is not preempted by any Federal law.
(f) Prior Enacted Measures.--
(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, and except as
provided in paragraph (2), a State or local government may
enforce a measure described in subsection (a) adopted by the
State or local government before the date of the enactment of
this Act without regard to the requirements of subsection (c).
(2) Application of notice and opportunity for comment.--
Enforcement of a measure described in paragraph (1) shall be
subject to the requirements of subsection (c) on and after the
date that is 2 years after the date of the enactment of this
Act.
(g) Rules of Construction.--
(1) Authority of states.--Nothing in this section shall be
construed to abridge the authority of a State to issue and
enforce rules governing the safety, soundness, and solvency of
a financial institution subject to its jurisdiction or the
business of insurance pursuant to the Act of March 9, 1945 (59
Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known
as the ``McCarran-Ferguson Act'').
(2) Policy of the united states.--Nothing in this section
shall be construed to alter the established policy of the
United States concerning final status issues associated with
the Palestinian-Israeli conflict, including border delineation,
that can only be resolved through direct negotiations between
the parties.
(h) Definitions.--In this section:
(1) Assets.--
(A) In general.--Except as provided in subparagraph
(B), the term ``assets'' means any pension, retirement,
annuity, or endowment fund, or similar instrument, that
is controlled by a State or local government.
(B) Exception.--The term ``assets'' does not
include employee benefit plans covered by title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
(2) Entity.--The term ``entity'' includes--
(A) any corporation, company, business association,
partnership, or trust; and
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(3))).
(3) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or
property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for
goods or services.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(6) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State and any
agency or instrumentality thereof; and
(C) any other governmental instrumentality of a
State or locality.
SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) knowingly engage in any activity described in
section 2(b) of the Combating BDS Act of 2023.''.
SEC. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.
It is the sense of Congress that--
(1) a fiduciary of an employee benefit plan, as defined in
section 3(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid
investing plan assets in, any person the fiduciary determines
knowingly engages in any activity described in section 2(b),
if--
(A) the fiduciary makes that determination using
credible information that is available to the public;
and
(B) the fiduciary prudently determines that the
result of that divestment or avoidance of investment
would not be expected to provide the employee benefit
plan with--
(i) a lower rate of return than alternative
investments with commensurate degrees of risk;
or
(ii) a higher degree of risk than
alternative investments with commensurate rates
of return; and
(2) by divesting assets or avoiding the investment of
assets as described in paragraph (1), the fiduciary is not
breaching the responsibilities, obligations, or duties imposed
upon the fiduciary by subparagraph (A) or (B) of section
404(a)(1) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1104(a)(1)).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to infringe upon any right
protected under the First Amendment to the Constitution of the United
States.
<all>
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118S1638 | Protecting Ballot Measures from Foreign Influence Act | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1638 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1638
To amend the Federal Election Campaign Act of 1971 to prohibit
contributions and donations by foreign nationals in connection with
ballot initiatives and referenda.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Rubio (for himself and Mr. Warner) 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 prohibit
contributions and donations by foreign nationals in connection with
ballot initiatives and referenda.
Be it enacted by the Senate 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 Ballot Measures from
Foreign Influence Act''.
SEC. 2. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS
IN CONNECTION WITH BALLOT INITIATIVES AND REFERENDA.
(a) In General.--Section 319(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by inserting
``, or a State or local ballot initiative or ballot referendum'' after
``election''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contributions and donations made on or after the
date of enactment of this Act.
<all>
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118S1639 | Fresh Fruits and Vegetables Nutrition Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1639 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1639
To amend the Farm Security and Rural Investment Act of 2002 to increase
funding for the purchase of specialty crops, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to increase
funding for the purchase of specialty crops, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fresh Fruits and Vegetables
Nutrition Act of 2023''.
SEC. 2. FRESH FRUITS AND VEGETABLES.
(a) Purchase of Specialty Crops.--Section 10603 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 612c-4) is
amended--
(1) in subsection (a), by striking ``$200,000,000'' and
inserting ``$300,000,000''; and
(2) in subsection (b), by striking ``$50,000,000 for each
of fiscal years 2008 through 2023'' and inserting
``$150,000,000 for each of fiscal years 2024 through 2028''.
(b) Section 32 Funds.--Section 4404(a) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 612c-5(a)) is amended--
(1) in paragraph (5), by inserting ``through fiscal year
2023'' after ``thereafter''; and
(2) by adding at the end the following:
``(6) $300,000,000 for fiscal year 2024 and each fiscal
year thereafter.''.
(c) Domestic Food Assistance Program.--Section 14222(b)(2) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 612c-6(b)(2)) is
amended by striking subparagraph (A) and inserting the following:
``(A)(i) in the case of fiscal year 2024,
$2,500,000,000;
``(ii) in the case of fiscal year 2025,
$2,525,000,000;
``(iii) in the case of fiscal year 2026,
$2,550,000,000;
``(iv) in the case of fiscal year 2027,
$2,575,000,000; and
``(v) for fiscal year 2028 and each fiscal year
thereafter, the amount made available for the preceding
fiscal year, as adjusted to reflect changes for the 12-
month period ending on the preceding November 30 in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor; and''.
(d) Fresh Fruit and Vegetable Program.--Section 19 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended--
(1) in subsection (a)--
(A) by striking ``2008'' and inserting ``2024'';
and
(B) by inserting ``and secondary schools'' after
``schools'';
(2) in subsection (d)(1)(C), by striking ``(as defined''
and inserting ``or secondary school (as those terms are
defined'';
(3) in subsection (f)(2), by striking ``$75'' and inserting
``$100'';
(4) in subsection (i)--
(A) in the matter preceding subparagraph (A), by
inserting ``(7 U.S.C. 612c-6)'' after ``2008''; and
(B) by striking subparagraphs (A) through (E) and
inserting the following:
``(A) On July 1, 2024, $800,000,000.
``(B) On July 1, 2025, $825,000,000.
``(C) On July 1, 2026, $850,000,000.
``(D) On July 1, 2027, $875,000,000.
``(E) On July 1, 2028, and each July 1 thereafter,
the amount made available for the preceding fiscal
year, as adjusted to reflect changes for the 12-month
period ending the preceding April 30 in the Consumer
Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor,
for items other than food.''; and
(5) by adding at the end the following:
``(j) High-Poverty Communities.--Notwithstanding any other
provision of this section, the program shall be directly available to
any local educational agency identified by the Secretary as being
eligible for meal service under section 11(a)(1)(F).
``(k) Buy America.--
``(1) In general.--Except as provided in paragraph (2),
fruits and vegetables purchased under the program shall be
grown in the United States.
``(2) Waiver.--The requirement in paragraph (1) may be
waived if a product grown in the United States cannot be
purchased for less than 25 percent more than a foreign-sourced
product.''.
<all>
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118S164 | Doss's Act | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
]
] | <p><b>Guarding against Injustice based on Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act or the GIVE LIFE Act or Doss's Act</b></p> <p>This bill generally prohibits an individual's COVID-19 vaccination status from being taken into account for purposes of organ donation or receipt. The bill also prohibits (1) the incidence rate of COVID-19 in a geographic area from being considered in such decisions, and (2) the Organ Procurement and Transplantation Network from establishing standards that incorporate any of these factors.</p> <p>Additionally, as a condition of Medicare and Medicaid participation, health care providers, with specified exceptions (e.g., skilled nursing facilities), may not deny services to individuals based on COVID-19 vaccination status.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 164 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 164
To prohibit the consideration of COVID-19 vaccination status in
determining eligibility for organ donation or transplantation, and in
providing services to Medicare or Medicaid beneficiaries.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit the consideration of COVID-19 vaccination status in
determining eligibility for organ donation or transplantation, and in
providing services to Medicare or Medicaid beneficiaries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guarding against Injustice based on
Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act'',
the ``GIVE LIFE Act'', or ``Doss's Act''.
SEC. 2. PROHIBITIONS.
(a) In General.--Notwithstanding any other provision of law--
(1) no individual may be determined to be ineligible for
organ donation or receipt of an organ transplant on the basis
of the COVID-19 vaccination status of the individual;
(2) no individual may be given a higher or lower priority
for such a donation or receipt on such basis;
(3) the incidence of COVID-19 positive rates in a
geographic area or region, as determined by public health
officials, may not be a factor in determining eligibility to
donate organs or to receive organs; and
(4) any provider who denies services to any individual
based on the COVID-19 vaccination status of the individual
(other than services furnished by a skilled nursing facility
(as defined in section 1819(a) of the Social Security Act (42
U.S.C. 1395i-3(a))), a nursing facility (as defined in section
1919(a) of such Act (42 U.S.C. 1396r(a))), a hospice program
(as defined in section 1861(dd)(2) of such Act (42 U.S.C.
1395x(dd)(2))), or a long-term care facility) shall not be
eligible for reimbursement under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.), and Federal financial participation shall not be
available for any payment made by a State to such a provider
for services furnished as medical assistance under the State's
Medicaid program under title XIX of such Act (42 U.S.C. 1396 et
seq.).
(b) Application of Requirements.--Paragraphs (1) through (3) of
subsection (a) shall apply with respect to all organ donations and
receipt of organ transplants in the United States, including under the
laws administered by the Secretary of Veterans Affairs and the laws
administered by the Secretary of Defense.
(c) Organ Procurement and Transplantation Network.--Section 372(b)
of the Public Health Service Act (42 U.S.C. 274(b)) is amended by
adding at the end the following:
``(4) Clarification regarding covid-19 vaccination
status.--The criteria and standards established under paragraph
(2) may not include any consideration of the COVID-19
vaccination status of organ donors or recipients, or of the
incidence of COVID-19 positive rates in a geographic area or
region, as determined by public health officials.''.
<all>
</pre></body></html>
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118S1640 | Empowering Law Enforcement Act of 2023 | [
[
"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1640 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1640
To provide for enhanced Federal enforcement of, and State and local
assistance in the enforcement of, the immigration laws of the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Tuberville (for himself, Mrs. Blackburn, and Mr. Cassidy)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for enhanced Federal enforcement of, and State and local
assistance in the enforcement of, the immigration laws of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Law Enforcement Act of
2023''.
SEC. 2. STATE DEFINED.
In this Act, the term ``State'' has the meaning given such term in
section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(36)).
SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES
AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to investigate, identify, apprehend, arrest,
detain, or transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State lines to
detention centers), for the purpose of assisting in the enforcement of
the immigration laws of the United States in the normal course of
carrying out their law enforcement duties. This State authority has
never been displaced or preempted by Federal law.
SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime Information
Center.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the National Crime Information Center of the
Department of Justice (referred to in this section as the
``NCIC'') any information in the possession of the Secretary
related to--
(A) any alien against whom a final order of removal
has been issued;
(B) any alien who is subject to a voluntary
departure agreement;
(C) any alien who has remained in the United States
beyond the alien's authorized period of stay; and
(D) any alien whose visa has been revoked.
(2) Requirement to provide and use information.--The
information described in paragraph (1) shall be submitted to
the NCIC, and the NCIC shall enter such information into the
Immigration Violators File of the NCIC database, regardless of
whether--
(A) the alien received notice of a final order of
removal;
(B) the alien has already been removed; or
(C) sufficient identifying information is available
for the alien, such as a physical description of the
alien.
(b) Inclusion of Information About Immigration Law Violations in
the NCIC Database.--Section 534(a) of title 28, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation, sufficient identifying information is available for
the alien, or the alien has already been removed; and.''.
(c) Permission To Depart Voluntarily.--Section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120 days'' and
inserting ``30 days''.
SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL
LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 240C the
following:
``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.
``(a) Defined Term.--In this section, the term `illegal alien'
means an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) after entering the United States with inspection at a
time and place designated by the Secretary of Homeland
Security, was granted parole into the United States;
``(3) was admitted as a nonimmigrant and, at the time the
alien was taken into custody by the State or political
subdivision, had failed--
``(A) to maintain the nonimmigrant status in which
the alien was admitted or to which it was changed under
section 248; or
``(B) to comply with the conditions of the status
described in subparagraph (A);
``(4) was admitted as an immigrant and subsequently failed
to comply with the requirements of such status; or
``(5) failed to depart the United States as required under
a voluntary departure agreement or under a final order of
removal.
``(b) In General.--If a member of a law enforcement entity of a
State (or, if appropriate, a political subdivision of the State),
exercising authority with respect to the apprehension or arrest of an
illegal alien, submits a request to the Secretary of Homeland Security
that the alien be taken into Federal custody, the Secretary shall--
``(1)(A) not later than 48 hours after the conclusion of
the State charging process or dismissal process (or if no State
charging or dismissal process is required, not later than 48
hours after the alien is apprehended), take the alien into the
custody of the Federal Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien to
a location for transfer to Federal custody; and
``(2) designate at least 1 Federal, State, or local prison
or jail or a private contracted prison or detention facility
within each State as the central facility for law enforcement
entities of such State to transfer custody of criminal or
illegal aliens to the Department of Homeland Security.
``(c) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State or a political subdivision of a State for all
reasonable expenses, as determined by the Secretary, incurred
by the State or political subdivision in the detention and
transportation of a criminal or illegal alien under subsection
(b)(1).
``(2) Cost computation.--The amount reimbursed for costs
incurred in the detention and transportation of a criminal or
illegal alien under subsection (b)(1) shall be equal to the sum
of--
``(A) the product of--
``(i) the average cost of incarceration of
a prisoner in the relevant State, as determined
by the chief executive officer of the State
(or, as appropriate, a political subdivision of
the State); and
``(ii) the number of days that the alien
was in the custody of the State or political
subdivision; and
``(B) the cost of transporting the criminal or
illegal alien from the point of apprehension or arrest
to--
``(i) the location of detention; and
``(ii) if the location of detention and of
custody transfer are different, to the custody
transfer point.
``(d) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that illegal aliens incarcerated in
Federal facilities under this section are held in facilities that
provide an appropriate level of security.
``(e) Schedule Requirement.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Authority for contracts.--The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement and detention officials to implement this
section.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 240C the following:
``Sec. 240D. Transfer of illegal aliens from State to Federal
custody.''.
SEC. 6. DETENTION OF DANGEROUS ALIENS.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended--
(1) by striking ``Attorney General'' each place such term
appears, except for the first reference in paragraph (4)(B)(i),
and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by striking ``90'' and inserting ``60''; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) Beginning of period.--The removal period
begins on the latest of--
``(i) the date on which the order of
removal becomes administratively final;
``(ii) if the alien is not in the custody
of the Secretary of Homeland Security on the
date on which the order of removal becomes
administratively final, the date on which the
alien is taken into such custody; or
``(iii) if the alien is detained or
confined (except under an immigration process)
on the date on which the order of removal
becomes administratively final, the date on
which the alien is taken into the custody of
the Secretary of Homeland Security after the
alien is released from such detention or
confinement.
``(C) Extension of period.--
``(i) In general.--The removal period shall
be extended beyond a period of 60 days and the
Secretary of Homeland Security may, in the
Secretary's sole discretion, keep the alien in
detention during such extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order,
including--
``(aa) making timely
application in good faith for
travel or other documents
necessary for the alien's
departure; or
``(bb) conspiring or acting
to prevent the removal of an
alien that is subject to an
order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary lawfully
transfers custody of the alien to
another Federal agency or to a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
the immigration judge or to the Board
of Immigration Appeals while the case
is pending a decision on remand (with
the removal period beginning anew on
the date on which the alien is ordered
removed on remand).
``(ii) Renewal.--If the removal period has
been extended pursuant to clause (i), a new
removal period shall begin on the date on
which--
``(I) the alien makes all
reasonable efforts to comply with the
removal order or to fully cooperate
with the Secretary of Homeland
Security's efforts to establish the
alien's identity and carry out the
removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--The Secretary shall keep an alien
described in section 236(c)(1) in detention
during the extended period described in clause
(i).
``(iv) Sole form of relief.--An alien may
seek relief from detention under this
subparagraph by filing an application for a
writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(3) in paragraph (3)--
(A) by inserting ``or is not detained pursuant to
paragraph (6)'' after ``removal period''; and
(B) in subparagraph (D), by inserting ``in order to
prevent the alien from absconding, for the protection
of the community, or for other purposes related to the
enforcement of the immigration laws'' before the period
at the end;
(4) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``in subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens.--
``(i) In general.--The Secretary of
Homeland Security shall establish an
administrative review process to determine
whether an alien who is not otherwise subject
to mandatory detention, who has made all
reasonable efforts to comply with a removal
order and to cooperate fully with the
Secretary's efforts to establish the alien's
identity and to carry out the removal order,
including making timely application in good
faith for travel or other documents necessary
to the alien's departure, and who has not
conspired or acted to prevent removal, should
be detained or released on conditions.
``(ii) Determination.--The Secretary of
Homeland Security shall determine whether to
release an alien after the removal period in
accordance with subparagraph (B). Such
determination shall include the consideration
of any evidence submitted by the alien and may
include the consideration of any other
evidence, including any information or
assistance provided by the Secretary of State
or other Federal official and any other
information available to the Secretary of
Homeland Security pertaining to the ability to
remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the sole discretion of
the Secretary, may continue to detain an alien
for 90 days beyond the removal period
(including any extension of the removal period
under paragraph (1)(C)). An alien whose
detention is extended under this subparagraph
is not entitled to seek release on bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the sole
discretion of the Secretary, may continue to
detain an alien beyond the 90 days authorized
under clause (i)--
``(I) until the alien is removed,
if the Secretary, in the sole
discretion of the Secretary, determines
that there is a significant likelihood
that the alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, or
either--
``(AA) the alien
has been convicted of 1
or more aggravated
felonies (as defined in
section 101(a)(43)(A)),
of 1 or more crimes
identified by the
Secretary of Homeland
Security by regulation,
or of 1 or more
attempts or
conspiracies to commit
any such aggravated
felonies or such
identified crimes, if
the aggregate term of
imprisonment for such
attempts or
conspiracies is at
least 5 years; or
``(BB) the alien
has committed 1 or more
crimes of violence (as
defined in section 16
of title 18, United
States Code), excluding
purely political
offenses, and the
alien, because of a
mental condition or
personality disorder
and behavior associated
with such condition or
disorder, is likely to
engage in acts of
violence in the future;
or
``(III) pending a certification
under subclause (II), if the Secretary
of Homeland Security initiates the
administrative review process not later
than 30 days after the expiration of
the removal period (including any
extension of the removal period under
paragraph (1)(C)).
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph is not entitled to seek release on
bond, including by reason of a certification
under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months, after
providing an opportunity for the alien to
request reconsideration of the certification
and to submit documents or other evidence in
support of that request. If the Secretary does
not renew the certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(dd) of subparagraph (B)(ii)(II) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If a Federal court or
the Board of Immigration Appeals determines that an
alien should be released from detention or if an
immigration judge orders a stay of removal, the
Secretary of Homeland Security, in discretion of the
Secretary, may impose conditions on release in
accordance with paragraph (3).
``(E) Redetention.--
``(i) In general.--The Secretary of
Homeland Security, in the discretion of the
Secretary, without any limitations other than
those specified in this section, may redetain
any alien subject to a final removal order who
is released from custody if--
``(I) removal becomes likely in the
reasonably foreseeable future;
``(II) the alien fails to comply
with the conditions of release or to
continue to satisfy the conditions
described in subparagraph (A); or
``(III) upon reconsideration, the
Secretary, in the sole discretion of
the Secretary, determines that the
alien can be detained under
subparagraph (B).
``(ii) Applicability.--This section shall
apply to any alien returned to custody pursuant
to this subparagraph as if the removal period
terminated on the first day of such
redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary of Homeland Security
under this paragraph shall not be subject to review by
any other agency.''.
(b) Detention of Aliens During Removal Proceedings.--Section 236 of
the Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except in the second place the term appears in
subsection (a)) and inserting ``Secretary of Homeland
Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``the Secretary of Homeland Security or''
before ``the Attorney General--''; and
(B) in paragraph (2)(B), by striking ``conditional
parole;'' and inserting ``recognizance;'';
(3) in subsection (b), by striking ``parole'' and inserting
``recognizance'';
(4) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Custody.--
``(A) In general.--The Secretary of Homeland
Security shall take into custody any alien described in
paragraph (2) or (3) of section 212(a) or paragraph (2)
or (4) of section 237(a), or who has no lawful status
in the United States and has been convicted for driving
while intoxicated (including a conviction for driving
while under the influence or impaired by alcohol or
drugs), any time after the alien is released,
regardless of whether the alien--
``(i) is released related to any activity,
offense, or conviction described in this
paragraph;
``(ii) is released on parole, supervised
release, or probation; or
``(iii) may be arrested or imprisoned again
for the same offense.
``(B) Subsequent custody.--If activity, offense, or
conviction described in subparagraph (A) does not
result in the alien being taken into custody, the
Secretary of Homeland Security shall take such alien
into custody--
``(i) when the alien is brought to the
attention of the Secretary; or
``(ii) when the Secretary determines it is
practical to take such alien into custody.''.
(5) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''; and
(6) by adding at the end the following:
``(f) Length of Detention.--
``(1) In general.--Notwithstanding any other provision of
this section, an alien may be detained under this section, and
an alien described in subsection (c) shall be detained, without
time limitation, except as provided in subsection (g), during
the pendency of removal proceedings.
``(2) Construction.--The length of detention under this
section shall not affect a detention authorized under section
241.
``(g) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond in an amount that is not less than
$10,000. No bond may be granted under this paragraph unless the
alien establishes, by clear and convincing evidence, that the
alien is not a flight risk or a risk to another person or to
the community.
``(2) Certain aliens ineligible.--No alien detained
pursuant to subsection (c) may seek release on bond.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this Act,
and section 241 of the Immigration and Nationality Act, as
amended by subsection (a), shall apply to--
(A) all aliens subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of the enactment
of this Act; and
(B) acts and conditions occurring or existing
before, on, or after such date.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect upon the date of the enactment of this Act,
and section 236 of the Immigration and Nationality Act, as
amended by subsection (b), shall apply to any alien in
detention under provisions of such section on or after such
date.
SEC. 7. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW
ENFORCEMENT PERSONNEL.
(a) Training Manual and Pocket Guide.--
(1) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall publish--
(A) a training manual for State and local law
enforcement personnel to train such personnel in the
investigation, identification, apprehension, arrest,
detention, and transfer to Federal custody of aliens in
the United States, including--
(i) the transportation of such aliens
across State lines to detention centers; and
(ii) the identification of fraudulent
documents; and
(B) an immigration enforcement pocket guide for
State and local law enforcement personnel to provide a
quick reference for such personnel in the course of
duty.
(2) Availability.--The training manual and pocket guide
published under paragraph (1) shall be made available to all
State and local law enforcement personnel.
(3) Applicability.--Nothing in this subsection may be
construed to require State or local law enforcement personnel
to keep the training manual or pocket guide with them while on
duty.
(4) Costs.--The Secretary shall be responsible for all
costs incurred in the publication of the training manual and
pocket guide under this subsection.
(b) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training available to State and local law enforcement
officers through as many means as possible, including--
(A) residential training at--
(i) the Federal Law Enforcement Training
Center (referred to in this subsection as
``FLETC'') of the Department of Homeland
Security in Glynco, Georgia; and
(ii) the Center for Domestic Preparedness
of the Federal Emergency Management Agency in
Anniston, Alabama;
(B) onsite training held at State or local police
agencies or facilities;
(C) online training courses by computer,
teleconferencing, and videotape; and
(D) recording training courses on DVD.
(2) Online training.--The head of the FLETC Learning Center
shall make training available for State and local law
enforcement personnel through the internet using a secure,
encrypted distributed learning system that--
(A) has all its servers based in the United States;
(B) is sealable and survivable; and
(C) is capable of having a portal in place not
later than 30 days after the date of the enactment of
this Act.
(3) Federal personnel training.--The training of State and
local law enforcement personnel under this section may not
displace the training of Federal personnel.
(c) Rule of Construction.--Nothing in this Act or in any other
provision of law may be construed as making any immigration-related
training a requirement for, or a prerequisite to, any State or local
law enforcement officer exercising the inherent authority of the
officer to investigate, identify, apprehend, arrest, detain, or
transfer to Federal custody illegal aliens during the normal course of
carrying out the law enforcement duties of the officer.
(d) Training Limitation.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by adding at the end the following:
``Training described in this paragraph may not exceed 14 days
or 80 hours, whichever is longer.''.
SEC. 8. IMMUNITY.
(a) Personal Immunity.--
(1) In general.--Notwithstanding any other provision of
law, a law enforcement officer of a State or of a political
subdivision of a State shall be immune from personal liability
arising out of the enforcement of any immigration law to the
same extent as a Federal law enforcement officer is immune.
(2) Applicability.--The immunity provided under paragraph
(1) only applies to an officer of a State, or of a political
subdivision of a State, who is acting within the scope of such
officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision of law, a
law enforcement agency of a State, or of a political subdivision of a
State, shall be immune from any claim for money damages based on
Federal, State, or local civil rights law for an incident arising out
of the enforcement of any immigration law, except to the extent that
the law enforcement officer of that agency, whose action the claim
involves, committed a violation of Federal, State, or local criminal
law in the course of enforcing such immigration law.
<all>
</pre></body></html>
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118S1641 | USPS Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1641 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1641
To require the Comptroller General of the United States to submit
reports to Congress on theft of mail and United States Postal Service
property, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Cruz (for himself, Mr. Braun, and Mrs. Hyde-Smith) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Comptroller General of the United States to submit
reports to Congress on theft of mail and United States Postal Service
property, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upholding a Secure Postal System
Act'' or the ``USPS Act''.
SEC. 2. REPORTS ON MAIL AND POSTAL SERVICE PROPERTY THEFT.
(a) In General.--Not later than one year after the date of
enactment of this section and each year thereafter for five years, the
Comptroller General of the United States shall investigate nationwide
patterns and instances of theft of mail and United States Postal
Service property and submit a report on each such investigation to the
Committee on Oversight and Accountability of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
(b) Contents.--Any report under subsection (a) shall include a
description of any measures the Postal Service has in place to address
such theft, and recommendations on how the Postal Service and Congress
can combat such theft.
(c) Consultation.--In carrying out this section, the Comptroller
General shall consult with the Inspector General of the Postal Service
and the United States Postal Inspection Service.
<all>
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118S1642 | ReConnecting Rural America Act of 2023 | [
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1642 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1642
To amend the Rural Electrification Act of 1936 to establish the
ReConnect program under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Welch (for himself and Mr. Marshall) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Rural Electrification Act of 1936 to establish the
ReConnect program under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ReConnecting Rural America Act of
2023''.
SEC. 2. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS.
(a) In General.--Section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb) is amended--
(1) by striking subsections (a) through (f) and inserting
the following:
``(a) Purpose.--The purpose of this section is to provide
assistance in the form of grants, loans, and combinations of grants and
loans for the costs of the construction, improvement, and acquisition
of facilities and equipment for broadband service in rural areas.
``(b) Definitions.--In this section:
``(1) Broadband service.--The term `broadband service'
means any technology identified by the Secretary as having the
capacity to transmit data to enable a subscriber to the service
to originate and receive high-quality voice, data, graphics,
and video.
``(2) Rural area.--
``(A) In general.--The term `rural area' means any
area other than--
``(i) an area described in clause (i) or
(ii) of section 343(a)(13)(A) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)(13)(A)); and
``(ii) a city, town, or incorporated area
that has a population of greater than 20,000
inhabitants.
``(B) Urban area growth.--The Secretary may, by
regulation only, consider an area described in section
343(a)(13)(F)(i)(I) of that Act to not be a rural area
for purposes of this section.
``(C) Exclusion of certain populations.--The term
`rural area' does not include any population described
in subparagraph (H) or (I) of section 343(a)(13) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)(13)).
``(c) Grants, Loans, and Combinations.--
``(1) In general.--The Secretary shall make grants, loans,
and combinations of grants and loans to eligible entities
described in subsection (d) to provide funds for the
construction, improvement, or acquisition of facilities and
equipment for the provision of broadband service in rural
areas.
``(2) Project eligibility.--To be eligible for a grant,
loan, or grant and loan combination under paragraph (1), in
addition to the requirements of subsection (d), the project
that is the subject of the grant, loan, or grant and loan
combination shall--
``(A) provide broadband service of at least--
``(i) a 100-Mbps downstream transmission
capacity; and
``(ii) a 100-Mbps upstream transmission
capacity; and
``(B) subject to paragraph (4), be carried out in a
proposed service territory in which at least 75 percent
of the households lack access to broadband service of
at least--
``(i) a 100-Mbps downstream transmission
capacity; and
``(ii) a 20-Mbps upstream transmission
capacity.
``(3) Priority.--In making grants, loans, and grant and
loan combinations under paragraph (1), the Secretary--
``(A) shall give priority to applications for
projects to provide broadband service in a proposed
service territory in which at least 90 percent of
households lack access to broadband service of at
least--
``(i) a 100-Mbps downstream transmission
capacity; and
``(ii) a 20-Mbps upstream transmission
capacity; and
``(B) may give priority to applications for
projects to provide broadband service--
``(i) in proposed service territories--
``(I) with a population of less
than 10,000 permanent residents;
``(II) that are experiencing
outmigration and have adopted a
strategic community investment plan
under section 379H(d) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 2008v(d)) that includes
considerations for improving and
expanding broadband service;
``(III) with a high percentage of
low income families or persons (as
defined in section 501(b) of the
Housing Act of 1949 (42 U.S.C.
1471(b))); or
``(IV) that are isolated from other
significant population centers;
``(ii) that would ensure that all laborers
and mechanics employed by contractors or
subcontractors on the construction work
performed on projects financed, in whole or in
part, with the grant, loan, or grant and loan
combination shall be paid wages at rates not
less than those prevailing on similar
construction in the immediate locality as
determined by the Secretary of Labor in
accordance with sections 3141 through 3144,
3146, and 3147 of title 40, United States Code;
``(iii) that would provide rapid and
expanded deployment of fixed and mobile
broadband service on cropland and ranchland
within the service territory for use in various
applications of precision agriculture; or
``(iv) submitted by an eligible entity that
has provided broadband service or other utility
service for not less than 5 years in rural
areas in the State in which the project would
be carried out.
``(4) Additional requirements for grant-only awards.--To be
eligible for assistance under paragraph (1) in the form of a
grant only, in addition to the requirements of subsection (d)--
``(A) an entity shall be--
``(i) a Tribal organization (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
``(ii) a colonia;
``(iii) a persistent poverty county, as
determined by the Secretary; or
``(iv) a socially vulnerable community, as
determined by the Secretary; or
``(B) the project that is the subject of the grant
shall be carried out in a proposed service territory in
which at least 90 percent of households lack access to
broadband service of at least--
``(i) a 100-Mbps downstream transmission
capacity; and
``(ii) a 20-Mbps upstream transmission
capacity.
``(d) Eligibility.--
``(1) Eligible entities.--
``(A) In general.--To be eligible to obtain a
grant, loan, or grant and loan combination under
subsection (c), an entity shall--
``(i) submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require;
``(ii) agree to complete buildout of the
broadband infrastructure described in the
application by not later than 5 years after the
initial date on which assistance under
subsection (c) is made available; and
``(iii) participate or agree to participate
in--
``(I) the Affordable Connectivity
Program established under section
904(b) of division N of the
Consolidated Appropriations Act, 2021
(47 U.S.C. 1752(b));
``(II) the Lifeline program under
subpart E of part 54 of title 47, Code
of Federal Regulations (or any
successor regulation); or
``(III) any successor Federal
internet affordability assistance
program.
``(B) Inclusions.--An entity eligible to obtain a
grant, loan, or grant and loan combination under
subsection (c) may include--
``(i) a State or local government,
including any agency, subdivision,
instrumentality, or political subdivision of a
State or local government;
``(ii) a territory or possession of the
United States;
``(iii) an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
``(iv) a cooperative or mutual
organization;
``(v) an organization of 2 or more
incorporated areas that have established an
intermunicipal legal agreement for the purpose
of delivering communication services to
residents;
``(vi) a corporation; and
``(vii) a limited liability company or
limited liability partnership.
``(C) Ineligible entities.--An individual or legal
general partnership that is formed with individuals
shall not be eligible to obtain a grant, loan, or grant
and loan combination under subsection (c).
``(D) Limitation.--
``(i) In general.--An eligible entity
described in this paragraph that provides
telecommunications or broadband service to at
least 20 percent of the households in the
United States may not receive an amount of
funds under this section for a fiscal year in
excess of 15 percent of the funds authorized
and appropriated under subsection (i) for the
fiscal year.
``(ii) States and state agencies and
instrumentalities.--A State or an agency or
instrumentality of a State may not, in total,
receive an amount of funds under this section
for a fiscal year in excess of 15 percent of
the funds authorized and appropriated under
subsection (i) for the fiscal year.
``(E) Previous awards.--An entity to which a grant,
loan, or grant and loan combination is made under
subsection (c) shall not use the grant, loan, or grant
and loan combination to deploy broadband service in a
service area in which broadband service is deployed by
any other entity that has received a broadband grant or
loan from the Rural Utilities Service, the National
Telecommunications and Information Administration, the
Department of the Treasury, the Federal Communications
Commission, or a State broadband grant program, unless
the service provided by the other entity does not
provide to at least 75 percent of the households in the
service area access to broadband service of at least--
``(i) a 100-Mbps downstream transmission
capacity; and
``(ii) a 20-Mbps upstream transmission
capacity.
``(2) Equity requirements.--
``(A) In general.--The Secretary may require an
entity to provide a cost share in an amount not to
exceed 25 percent of the amount of the grant (including
the grant in a grant and loan combination) under
subsection (c) requested in the application of the
entity.
``(B) Waiver.--The Secretary may waive the cost
share requirement under subparagraph (A) for entities
or projects described in subsection (c)(4).
``(3) Technical assistance and training.--
``(A) In general.--The Secretary may provide to
eligible entities described in paragraph (1) that are
applying for assistance under this section for a
project described in subsection (c)(3)(A) technical
assistance and training--
``(i) to prepare reports and surveys
necessary to request grants, loans, and grant
and loan combinations under this section for
broadband deployment;
``(ii) to improve management, including
financial management, relating to the proposed
broadband deployment;
``(iii) to prepare applications for grants,
loans, and grant and loan combinations under
this section; or
``(iv) to assist with other areas of need
identified by the Secretary.
``(B) Funding.--Not less than 3 percent and not
more than 5 percent of amounts appropriated under
subsection (i) to carry out this section for a fiscal
year shall be used for technical assistance and
training under this paragraph.
``(e) Broadband Service.--
``(1) In general.--Subject to paragraph (2), for purposes
of this section, the minimum acceptable level of broadband
service for a rural area shall be at least--
``(A) a 100-Mbps downstream transmission capacity;
and
``(B) a 100-Mbps upstream transmission capacity.
``(2) Adjustments.--At least once every 2 years, the
Secretary shall review, and may adjust through notice published
in the Federal Register, the minimum acceptable level of
broadband service established under paragraph (1) and broadband
buildout requirements under paragraph (3) to ensure that high-
quality, cost-effective broadband service is provided to rural
areas over time.
``(3) Broadband buildout requirements.--
``(A) Definition of broadband buildout
requirement.--In this paragraph, the term `broadband
buildout requirement' means the level of internet
service an applicant receiving assistance under this
section must agree, at the time the application is
finalized, to provide for the duration of any project-
related agreement between the applicant and the
Department.
``(B) Establishment of broadband buildout
requirements.--The Secretary shall establish broadband
buildout requirements that--
``(i) utilize the same metrics used to
define the minimum acceptable level of
broadband service under paragraph (1); and
``(ii) reasonably ensure--
``(I) the repayment of all loans;
and
``(II) the financed network is
technically capable of providing
broadband service for the lifetime of
any project-related agreement.
``(C) Substitute service standards for unique
service territories.--
``(i) In general.--If an applicant shows
that it would be cost prohibitive to meet the
broadband buildout requirements established
under this paragraph for the entirety of a
proposed service territory due to the unique
characteristics of the proposed service
territory, the Secretary and the applicant may
agree to utilize substitute standards for any
unserved portion of the project.
``(ii) Requirement.--Any substitute service
standards described in clause (i) should
continue to consider the best technology
available to meet the needs of the residents in
the unserved area.'';
(2) by redesignating subsections (g), (h), and (i) as
subsections (f), (g), and (h), respectively;
(3) in subsection (f) (as so redesignated)--
(A) in the subsection heading, by striking ``Loans
and Loan Guarantees.--'' and inserting ``Loans.--'';
and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``or loan guarantee''; and
(ii) in subparagraph (A)--
(I) by striking clause (ii);
(II) by striking ``Secretary--'' in
the matter preceding clause (i) and all
that follows through ``in the case'' in
the matter preceding subclause (I) of
clause (i) and inserting ``Secretary in
the case''; and
(III) by redesignating subclauses
(I) and (II) as clauses (i) and (ii),
respectively, and indenting
appropriately;
(4) in subsection (g) (as so redesignated), by striking
``or loan guarantee'' each place it appears;
(5) in subsection (h) (as so redesignated), in paragraph
(1), by striking ``1974)'' and inserting ``1974 (2 U.S.C.
661a))''; and
(6) by striking subsections (j) and (k) and inserting the
following:
``(i) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out subsections
(a) through (h) $650,000,000 for each of fiscal years 2024
through 2028, to remain available until expended.
``(2) Administration.--Not more than 5 percent of the
amounts made available under paragraphs (1) and (3) shall be
available to the Secretary for the administration of
subsections (a) through (h).
``(3) Direct funding.--
``(A) Rescission.--There is rescinded the
unobligated balance of amounts made available to carry
out section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat.
399).
``(B) Direct funding.--On the day after the
execution of the rescission in subparagraph (A), there
is appropriated to the Secretary, out of amounts in the
Treasury not otherwise appropriated, an amount equal to
the amount rescinded in subparagraph (A), to carry out
subsections (a) through (h), to remain available until
expended.
``(j) Additional Rural Broadband Program Loans.--
``(1) In general.--The Secretary may provide direct loans
in accordance with the requirements under this section, as in
effect on the day before the date of enactment of the
ReConnecting Rural America Act of 2023.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $350,000,000 for each of fiscal years 2024 through
2028, to remain available until expended.
``(k) Termination of Authority.--No grant, loan, or grant and loan
combination may be made under this section after September 30, 2028.''.
(b) Sunset.--Beginning on the date that is 120 days after the date
of enactment of this Act, section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399), shall
have no force or effect.
<all>
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118S1643 | Reclaiming the Solar Supply Chain Act of 2023 | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
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[
"B001230",
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"cosponsor"
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[
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[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1643 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1643
To require the Secretary of Energy to carry out a program to provide
grants and loans to support and expand the domestic solar component
manufacturing supply chain, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Cortez Masto (for herself, Ms. Baldwin, Mr. Brown, and Mrs.
Feinstein) 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 carry out a program to provide
grants and loans to support and expand the domestic solar component
manufacturing supply chain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclaiming the Solar Supply Chain
Act of 2023''.
SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE.
(a) Definitions.--In this section:
(1) Advanced solar technology.--The term ``advanced solar
technology'' means any new or emerging technology, system, or
mechanism, or component thereof, that uses solar radiation to
generate electrical energy.
(2) Direct current optimizer.--The term ``direct current
optimizer'' means a product that converts direct current
electricity from 1 or more solar modules or advanced solar
technologies to a different direct current voltage that is
matched to the input requirements of an inverter.
(3) Direct loan.--The term ``direct loan'' has the meaning
given the term in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(4) Eligible entity.--The term ``eligible entity'' means a
private entity, including a manufacturer, or a partnership of
private entities.
(5) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in section 2 of
the National Labor Relations Act (29 U.S.C. 152).
(6) Forced labor.--The term ``forced labor'' has the
meaning given the term in section 307 of the Tariff Act of 1930
(19 U.S.C. 1307).
(7) Integrated module.--The term ``integrated module''
means a solar module produced by a single manufacturer through
the conversion of a photovoltaic wafer or other semiconductor
material into an end product that--
(A) is suitable to generate electricity when
exposed to sunlight; and
(B) is ready for installation without additional
manufacturing processes.
(8) Inverter.--The term ``inverter'' means a product that
converts direct current electricity from 1 or more solar
modules or advanced solar technologies into alternating current
electricity.
(9) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(10) Non-allied foreign nation.--The term ``non-allied
foreign nation'' has the meaning given the term ``covered
nation'' in section 4872(d)(2) of title 10, United States Code.
(11) Photovoltaic cell.--The term ``photovoltaic cell''
means the smallest semiconductor element of a solar module that
performs the immediate conversion of light into electricity.
(12) Photovoltaic wafer.--The term ``photovoltaic wafer''
means a thin slice, sheet, or layer of semiconductor material
of at least 240 square centimeters produced by a single
manufacturer--
(A)(i) directly from molten solar grade polysilicon
or deposition of solar grade thin film semiconductor
photon absorber layer; or
(ii) through formation of an ingot from molten
polysilicon and subsequent slicing; and
(B) that comprises the substrate or absorber layer
of 1 or more photovoltaic cells.
(13) Program.--The term ``program'' means the program
established under subsection (c).
(14) Racking.--The term ``racking'' means a structural
steel or aluminum support element, of any cross-section shape
and that may be assembled from individually manufactured
segments, spanning longitudinally, on which solar modules are
supported.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(16) Solar component.--The term ``solar component'' means--
(A) an integrated module;
(B) a photovoltaic cell;
(C) a photovoltaic wafer;
(D) solar grade polysilicon;
(E) a solar module;
(F) an inverter;
(G) racking;
(H) a tracker;
(I) a direct current optimizer; and
(J) any advanced solar technology for which the
Secretary has issued a written finding under subsection
(g).
(17) Solar grade polysilicon.--The term ``solar grade
polysilicon'' means silicon that--
(A) is suitable for use in photovoltaic
manufacturing; and
(B) is purified to a minimum purity of 99.999999
percent silicon by mass.
(18) Solar module.--The term ``solar module'' means the
connection and lamination of photovoltaic cells into an
environmentally protected final assembly that--
(A) is suitable to generate electricity when
exposed to sunlight; and
(B) is ready for installation without an additional
manufacturing process.
(19) Tracker.--The term ``tracker'' means--
(A) a structural steel support on which solar
modules are supported; and
(B) the mechanism by which that support is oriented
to varying angles with respect to the position of the
sun.
(20) Traditional solar component.--The term ``traditional
solar component'' means--
(A) an integrated module;
(B) a photovoltaic cell;
(C) a photovoltaic wafer;
(D) solar grade polysilicon; and
(E) a solar module.
(b) Findings.--Congress finds that it is in the interest of the
United States--
(1) to have a viable solar component manufacturing supply
chain; and
(2) to reduce the reliance of United States manufacturers
on solar components made in the People's Republic of China.
(c) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to award
grants and direct loans to eligible entities to carry out projects in
the United States for--
(1) the construction of new facilities that manufacture
solar components; and
(2) retooling, retrofitting, or expanding existing
facilities that manufacture, or have the ability to
manufacture, solar components.
(d) Application.--To be eligible to receive a grant or direct loan
under the program, 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.
(e) Selection.--In awarding grants and direct loans under the
program, the Secretary shall take into consideration whether a project
proposed by an eligible entity--
(1) is strategically located near manufacturers in the
solar component manufacturing supply chain to create a
geographic concentration of manufacturers in the solar
component manufacturing supply chain;
(2) has potential to materially reduce the reliance of
United States manufacturers on solar components, including
solar grade polysilicon and photovoltaic wafers, made in a non-
allied foreign nation;
(3) has potential for direct and indirect domestic job
creation, including jobs for low-income communities, dislocated
workers, and workers from groups that are underrepresented in
the manufacturing industry; and
(4) will result in economic development or economic
diversification in economically distressed regions or
localities.
(f) Direct Loan Conditions.--A direct loan made under the program
shall--
(1) bear interest at a rate that does not exceed a level
that the Secretary determines appropriate; and
(2) be subject to such other terms and conditions as the
Secretary determines appropriate.
(g) Advanced Solar Technology Finding.--The Secretary may issue a
written finding that an advanced solar technology has significant
potential to reduce the reliance of United States manufacturers on
traditional solar components made in a non-allied foreign nation.
(h) Prohibition.--In carrying out the program, the Secretary may
not award a grant or direct loan for a project that will source solar
components from, or supply solar components to, facilities that use
forced labor or are owned and operated by a non-allied foreign nation.
(i) Cost Sharing for Grants.--Section 988(c) of the Energy Policy
Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under the
program.
(j) Prevailing Wages.--
(1) In general.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work funded
directly, or assisted in whole or in part, by the Federal
Government pursuant to this section shall be paid wages at
rates not less than those prevailing on work of a similar
character in the locality, as determined by the Secretary of
Labor, in accordance with subchapter IV of chapter 31 of part A
of subtitle II of title 40, United States Code (commonly
referred to as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title
40, United States Code.
(k) Labor-Management Cooperation.--
(1) In general.--Notwithstanding any contrary provision of
law, including the National Labor Relations Act (29 U.S.C. 151
et seq.), this subsection shall apply with respect to any
funding recipient under this section who is an employer and any
labor organization who represents, or seeks to represent,
employees of such a funding recipient.
(2) Labor peace.--Any employer receiving funds under this
section shall recognize for purposes of collective bargaining a
labor organization that demonstrates that a majority of the
employees in a unit appropriate for such purposes who perform
or will perform work funded by this section have signed valid
authorizations designating the labor organization as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the
exclusive representative of any of the employees in the unit
who perform or will perform such work pursuant to the National
Labor Relations Act (29 U.S.C. 151 et seq.). Upon such showing
of majority status, the employer shall notify the labor
organization and the National Labor Relations Board that the
employer--
(A) has determined that the labor organization
represents a majority of the employees in such unit who
perform or will perform such work; and
(B) is recognizing the labor organization as the
exclusive representative of the employees in such unit
who perform or will perform such work for the purposes
of collective bargaining pursuant to section 9 of the
National Labor Relations Act (29 U.S.C. 159).
(3) Certification.--If a dispute over majority status or
the appropriateness of the unit described in paragraph (2)
arises between the employer and the labor organization, either
party may request that the National Labor Relations Board
investigate and resolve the dispute. If the Board finds that a
majority of the employees in a unit appropriate for purposes of
collective bargaining who perform or will perform work funded
under this section has signed valid authorizations designating
the labor organization as their bargaining representative and
that no other individual or labor organization is currently
certified or recognized as the exclusive representative of any
of the employees in the unit who perform or will perform such
work pursuant to the National Labor Relations Act, the Board
shall not direct an election but shall certify the labor
organization as the representative described in section 9(a) of
the National Labor Relations Act (29 U.S.C. 159(a)) with
respect to such employees.
(4) Commencement of collective bargaining.--Not later than
10 days after an employer receiving funding under this section
receives a written request for collective bargaining from a
recognized or certified labor organization representing
employees who perform or will perform work funded under this
section, or within such period as the parties agree upon, the
labor organization and employer shall meet and commence to
bargain collectively and shall make every reasonable effort to
conclude and sign a collective bargaining agreement.
(5) Mediation.--If the parties have failed to reach an
agreement before the date that is 90 days after the date on
which bargaining is commenced under paragraph (4), or any later
date agreed upon by both parties, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request mediation. Upon receiving such a request,
the Director of the Federal Mediation and Conciliation Service
shall promptly communicate with the parties and use best
efforts, by mediation and conciliation, to bring them to
agreement.
(6) Arbitration.--
(A) In general.--If the Federal Mediation and
Conciliation Service is not able to bring the parties
to agreement by mediation or conciliation before the
date that is 30 days after the date on which a request
for mediation is made under paragraph (5), or any later
date agreed upon by both parties, the Service shall
refer the dispute to a tripartite arbitration panel
established in accordance with such regulations as may
be prescribed by the Service.
(B) Members.--A tripartite arbitration panel
established under this paragraph with respect to a
dispute shall be composed of 1 member selected by the
labor organization, 1 member selected by the employer,
and 1 neutral member mutually agreed to by the parties.
The labor organization and employer shall each select
the members of the tripartite arbitration panel within
14 days of the Service's referral. Any member not so
selected by such date shall be selected by the Service.
(C) Dispute settlement.--A majority of a tripartite
arbitration panel established under this paragraph with
respect to a dispute shall render a decision settling
the dispute as soon as practicable, and (absent
extraordinary circumstances or by agreement or
permission of the parties) not later than 120 days
after the establishment of such panel. Such a decision
shall be binding upon the parties for a period of 2
years, unless amended during such period by written
consent of the parties. Such decision shall be based
on--
(i) the employer's financial status and
prospects;
(ii) the size and type of the employer's
operations and business;
(iii) the employees' cost of living;
(iv) the employees' ability to sustain
themselves, their families, and their
dependents on the wages and benefits they earn
from the employer; and
(v) the wages and benefits that other
employers in the same business provide their
employees.
(7) Subcontractors.--Any employer receiving funds under
this section shall require any subcontractor whose employees
perform, or will perform, work funded under this section to
comply with the requirements set forth in this subsection.
(l) Funds.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$600,000,000 for each of fiscal years 2024 through 2028.
(2) Costs of direct loans.--The Secretary may use any
amounts made available under paragraph (1) to pay the costs of
providing direct loans under the program.
(3) Set aside.--Not less than $20,000,000 of the amount
made available to carry out this section each fiscal year under
paragraph (1) shall be used to award grants or direct loans
under the program to eligible entities that are small
businesses located in economically disadvantaged communities.
<all>
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118S1644 | Veterans’ True Choice Act of 2023 | [
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1644 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1644
To amend title 10, United States Code, to provide eligibility for
TRICARE Select to veterans with service-connected disabilities, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Kennedy 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 provide eligibility for
TRICARE Select to veterans with service-connected disabilities, and for
other purposes.
Be it enacted by the Senate 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' True Choice Act of 2023''.
SEC. 2. ELIGIBILITY UNDER TRICARE PROGRAM FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES.
(a) In General.--
(1) Enrollment in tricare select.--Section 1075 of title
10, United States Code, is amended--
(A) in subsection (b)(1)(B), by inserting before
the period at the end the following: ``, and covered
veteran beneficiaries under subsection (i), other than
Medicare-eligible beneficiaries described in such
subsection (d)(2)'';
(B) by redesignating subsection (i) as subsection
(j); and
(C) by inserting after subsection (h) the following
new subsection (i):
``(i) Covered Veteran Beneficiaries.--(1) Subject to section
1086(d) of this title, a covered veteran beneficiary may elect to
enroll in TRICARE Select during the annual open enrollment season of
the TRICARE program.
``(2) The cost-sharing requirements under TRICARE Select for
covered veteran beneficiaries shall be calculated pursuant to
subsection (d)(1), regardless of the date of the original enlistment or
appointment of the beneficiary in the uniformed services.
``(3) A dependent of a covered veteran beneficiary may not enroll
in the TRICARE program solely by reason of the covered veteran
beneficiary enrolling in the TRICARE program.''.
(2) Enrollment in tricare for life.--Section 1086(d) of
such title is amended--
(A) in paragraph (1), by inserting before the
period at the end the following: ``or pursuant to
section 1075(i) of this title'';
(B) in paragraph (2), in the matter preceding
clause (i), by inserting ``, or section 1075(i) of this
title,'' after ``a person referred to in subsection
(c)''; and
(C) in paragraph (4), in the matter preceding
clause (i), by inserting ``, or section 1075(i) of this
title,'' after ``a person referred to in subsection
(c)''.
(3) Definition.--Section 1072 of such title is amended by
adding at the end the following new paragraph:
``(16) The term `covered veteran beneficiary' means a
veteran who--
``(A) is eligible to enroll in the system of annual
patient enrollment of the Department of Veterans
Affairs under paragraph (1), (2), or (3) of section
1705 of title 38; and
``(B) is eligible to enroll in the TRICARE program
only pursuant to--
``(i) section 1075(i) of this title; or
``(ii) section 1086(d) of this title by
reason of being an individual who would be
covered by such section 1075(i) but for being a
Medicare-eligible beneficiary covered by such
section 1086(d).''.
(4) Enrollment in va health care.--Section 1705 of title
38, United States Code, is amended by adding at the end the
following new subsection:
``(d)(1) A covered veteran beneficiary who enrolls in the TRICARE
program may not be concurrently enrolled in the system of annual
patient enrollment under subsection (a) and the Secretary may not
furnish hospital care or medical services to the covered veteran
beneficiary under this chapter or any other provision of law
administered by the Secretary while the covered veteran beneficiary is
enrolled in the TRICARE program.
``(2) In this subsection, the terms `covered veteran beneficiary'
and `TRICARE program' have the meanings given those terms in section
1072 of title 10.''.
(b) Memorandum of Understanding.--The Secretary of Veterans Affairs
and the Secretary of Defense shall enter into a memorandum of
understanding under which the Secretary of Veterans Affairs reimburses
the Secretary of Defense for the costs of enrolling covered veteran
beneficiaries in the TRICARE program pursuant to the amendments made by
subsection (a), as jointly determined appropriate by the Secretary of
Veterans Affairs and the Secretary of Defense.
(c) Implementation.--
(1) Effective date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
(2) Regulations.--During the one-year period following the
date on which the amendments made by this section take effect,
the Secretary of Veterans Affairs and the Secretary of Defense
shall each prescribe regulations to carry out such amendments.
(3) Phase in.--During the one-year period following the
date on which the regulations are prescribed under paragraph
(2), the Secretary of Veterans Affairs and the Secretary of
Defense shall phase in the enrollment of covered veteran
beneficiaries in accordance with the annual open enrollment
season of the TRICARE program.
(4) VA center for innovation for care and payment.--The
Secretary of Veterans Affairs shall carry out this subsection
through the Center for Innovation for Care and Payment of the
Department of Veterans Affairs under section 1703E of title 38,
United States Code.
(d) Reports.--
(1) Reports on implementation.--Not less frequently than
quarterly during the two-year period following the date of the
enactment of this Act, the Secretary of Veterans Affairs and
the Secretary of Defense shall jointly submit to the
appropriate committees of Congress a report on the
implementation of this section and the amendments made by this
section.
(2) Annual reports.--Not later than one year after the date
on which the final report under paragraph (1) is required to be
submitted, and annually thereafter, the Secretary of Veterans
Affairs and the Secretary of Defense shall jointly submit to
the appropriate committees of Congress a report on covered
veteran beneficiaries enrolled in the TRICARE program.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Covered veteran beneficiary; tricare program.--The
terms ``covered veteran beneficiary'' and ``TRICARE program''
have the meaning given those terms in section 1072 of title 10,
United States Code, as amended by subsection (a).
<all>
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118S1645 | Sunshine for Regulatory Decrees and Settlements Act of 2023 | [
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
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"Sen. Tillis, Thomas [R-NC]",
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[
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"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1645 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1645
To impose certain limitations on consent decrees and settlement
agreements by agencies that require the agencies to take regulatory
action in accordance with the terms thereof, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Grassley (for himself, Mrs. Blackburn, Mr. Tillis, Mr. Rubio, Mr.
Cornyn, Mr. Hawley, and Mr. Cruz) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To impose certain limitations on consent decrees and settlement
agreements by agencies that require the agencies to take regulatory
action in accordance with the terms thereof, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine for Regulatory Decrees and
Settlements Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``agency'' and ``agency action'' have the
meanings given those terms under section 551 of title 5, United
States Code;
(2) the term ``covered civil action'' means a civil
action--
(A) seeking to compel agency action;
(B) alleging that the agency is unlawfully
withholding or unreasonably delaying an agency action
relating to a regulatory action that would affect the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or Tribal government;
and
(C) brought under--
(i) chapter 7 of title 5, United States
Code; or
(ii) any other statute authorizing such an
action;
(3) the term ``covered consent decree'' means--
(A) a consent decree entered into in a covered
civil action; and
(B) any other consent decree that requires agency
action relating to a regulatory action that affects the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or Tribal government;
(4) the term ``covered consent decree or settlement
agreement'' means a covered consent decree and a covered
settlement agreement; and
(5) the term ``covered settlement agreement'' means--
(A) a settlement agreement entered into in a
covered civil action; and
(B) any other settlement agreement that requires
agency action relating to a regulatory action that
affects the rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or Tribal government.
SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM.
(a) Pleadings and Preliminary Matters.--
(1) In general.--In any covered civil action, the agency
against which the covered civil action is brought shall publish
the notice of intent to sue and the complaint in a readily
accessible manner, including by making the notice of intent to
sue and the complaint available online not later than 15 days
after receiving service of the notice of intent to sue or
complaint, respectively.
(2) Entry of a covered consent decree or settlement
agreement.--A party may not make a motion for entry of a
covered consent decree or to dismiss a civil action pursuant to
a covered settlement agreement until after the end of
proceedings in accordance with paragraph (1) and subparagraphs
(A) and (B) of paragraph (2) of subsection (d) or subsection
(d)(3)(A), whichever is later.
(b) Intervention.--
(1) Rebuttable presumption.--In considering a motion to
intervene in a covered civil action or a civil action in which
a covered consent decree or settlement agreement has been
proposed that is filed by a person who alleges that the agency
action in dispute would affect the person, the court shall
presume, subject to rebuttal, that the interests of the person
would not be represented adequately by the existing parties to
the action.
(2) State, local, and tribal governments.--In considering a
motion to intervene in a covered civil action or a civil action
in which a covered consent decree or settlement agreement has
been proposed that is filed by a State, local, or Tribal
government, the court shall take due account of whether the
movant--
(A) administers jointly with an agency that is a
defendant in the action the statutory provisions that
give rise to the regulatory action to which the action
relates; or
(B) administers an authority under State, local, or
Tribal law that would be preempted by the regulatory
action to which the action relates.
(c) Settlement Negotiations.--Efforts to settle a covered civil
action or otherwise reach an agreement on a covered consent decree or
settlement agreement shall--
(1) be conducted pursuant to the mediation or alternative
dispute resolution program of the court or by a district judge
other than the presiding judge, magistrate judge, or special
master, as determined appropriate by the presiding judge; and
(2) include any party that intervenes in the action.
(d) Publication of and Comment on Covered Consent Decrees or
Settlement Agreements.--
(1) In general.--Not later than 60 days before the date on
which a covered consent decree or settlement agreement is filed
with a court, the agency seeking to enter the covered consent
decree or settlement agreement shall publish in the Federal
Register and online--
(A) the proposed covered consent decree or
settlement agreement; and
(B) a statement providing--
(i) the statutory basis for the covered
consent decree or settlement agreement; and
(ii) a description of the terms of the
covered consent decree or settlement agreement,
including whether it provides for the award of
attorney fees or costs and, if so, the basis
for including the award.
(2) Public comment.--
(A) In general.--An agency seeking to enter a
covered consent decree or settlement agreement shall
accept public comment during the period described in
paragraph (1) on any issue relating to the matters
alleged in the complaint in the applicable civil action
or addressed or affected by the proposed covered
consent decree or settlement agreement.
(B) Response to comments.--An agency shall respond
to any comment received under subparagraph (A).
(C) Submissions to court.--When moving that the
court enter a proposed covered consent decree or
settlement agreement or for dismissal pursuant to a
proposed covered consent decree or settlement
agreement, an agency shall--
(i) inform the court of the statutory basis
for the proposed covered consent decree or
settlement agreement and its terms;
(ii) submit to the court a summary of the
comments received under subparagraph (A) and
the response of the agency to the comments;
(iii) submit to the court a certified index
of the administrative record of the notice and
comment proceeding; and
(iv) make the administrative record
described in clause (iii) fully accessible to
the court.
(D) Inclusion in record.--The court shall include
in the court record for a civil action the certified
index of the administrative record submitted by an
agency under subparagraph (C)(iii) and any documents
listed in the index which any party or amicus curiae
appearing before the court in the action submits to the
court.
(3) Public hearings permitted.--
(A) In general.--After providing notice in the
Federal Register and online, an agency may hold a
public hearing regarding whether to enter into a
proposed covered consent decree or settlement
agreement.
(B) Record.--If an agency holds a public hearing
under subparagraph (A)--
(i) the agency shall--
(I) submit to the court a summary
of the proceedings;
(II) submit to the court a
certified index of the hearing record;
and
(III) provide access to the hearing
record to the court; and
(ii) the full hearing record shall be
included in the court record.
(4) Mandatory deadlines.--If a proposed covered consent
decree or settlement agreement requires an agency action by a
date certain, the agency shall, when moving for entry of the
covered consent decree or settlement agreement or dismissal
based on the covered consent decree or settlement agreement,
inform the court of--
(A) any required regulatory action the agency has
not taken that the covered consent decree or settlement
agreement does not address;
(B) how the covered consent decree or settlement
agreement, if approved, would affect the discharge of
the duties described in subparagraph (A); and
(C) why the effects of the covered consent decree
or settlement agreement on the manner in which the
agency discharges its duties is in the public interest.
(e) Submission by the Government.--
(1) In general.--For any proposed covered consent decree or
settlement agreement that contains a term described in
paragraph (2), the Attorney General or, if the matter is being
litigated independently by an agency, the head of the agency
shall submit to the court a certification that the Attorney
General or head of the agency approves the proposed covered
consent decree or settlement agreement. The Attorney General or
head of the agency shall personally sign any certification
submitted under this paragraph.
(2) Terms.--A term described in this paragraph is--
(A) in the case of a covered consent decree, a term
that--
(i) converts into a nondiscretionary duty a
discretionary authority of an agency to
propose, promulgate, revise, or amend
regulations;
(ii) commits an agency to expend funds that
have not been appropriated and that have not
been budgeted for the regulatory action in
question;
(iii) commits an agency to seek a
particular appropriation or budget
authorization;
(iv) divests an agency of discretion
committed to the agency by statute or the
Constitution of the United States, without
regard to whether the discretion was granted to
respond to changing circumstances, to make
policy or managerial choices, or to protect the
rights of third parties; or
(v) otherwise affords relief that the court
could not enter under its own authority upon a
final judgment in the civil action; or
(B) in the case of a covered settlement agreement,
a term--
(i) that provides a remedy for a failure by
the agency to comply with the terms of the
covered settlement agreement other than the
revival of the civil action resolved by the
covered settlement agreement; and
(ii) that--
(I) interferes with the authority
of an agency to revise, amend, or issue
rules under the procedures set forth in
chapter 5 of title 5, United States
Code, or any other statute or Executive
order prescribing rulemaking procedures
for a rulemaking that is the subject of
the covered settlement agreement;
(II) commits the agency to expend
funds that have not been appropriated
and that have not been budgeted for the
regulatory action in question; or
(III) for such a covered settlement
agreement that commits the agency to
exercise in a particular way discretion
which was committed to the agency by
statute or the Constitution of the
United States to respond to changing
circumstances, to make policy or
managerial choices, or to protect the
rights of third parties.
(f) Review by Court.--
(1) Amicus.--A court considering a proposed covered consent
decree or settlement agreement shall presume, subject to
rebuttal, that it is proper to allow amicus participation
relating to the covered consent decree or settlement agreement
by any person who filed public comments or participated in a
public hearing on the covered consent decree or settlement
agreement under paragraph (2) or (3) of subsection (d).
(2) Review of deadlines.--
(A) Proposed covered consent decrees.--For a
proposed covered consent decree, a court shall not
approve the covered consent decree unless the proposed
covered consent decree allows sufficient time and
incorporates adequate procedures for the agency to
comply with chapter 5 of title 5, United States Code,
and other applicable statutes that govern rulemaking
and, unless contrary to the public interest, the
provisions of any Executive order that governs
rulemaking.
(B) Proposed covered settlement agreements.--For a
proposed covered settlement agreement, a court shall
ensure that the covered settlement agreement allows
sufficient time and incorporates adequate procedures
for the agency to comply with chapter 5 of title 5,
United States Code, and other applicable statutes that
govern rulemaking and, unless contrary to the public
interest, the provisions of any Executive order that
governs rulemaking.
(g) Annual Reports.--Each agency shall submit to Congress an annual
report that, for the year covered by the report, includes--
(1) the number, identity, and content of covered civil
actions brought against and covered consent decrees or
settlement agreements entered against or into by the agency;
and
(2) a description of the statutory basis for--
(A) each covered consent decree or settlement
agreement entered against or into by the agency; and
(B) any award of attorney fees or costs in a civil
action resolved by a covered consent decree or
settlement agreement entered against or into by the
agency.
SEC. 4. MOTIONS TO MODIFY CONSENT DECREES.
If an agency moves a court to modify a covered consent decree or
settlement agreement and the basis of the motion is that the terms of
the covered consent decree or settlement agreement are no longer fully
in the public interest due to the obligations of the agency to fulfill
other duties or due to changed facts and circumstances, the court shall
review the motion and the covered consent decree or settlement
agreement de novo.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to--
(1) any covered civil action filed on or after the date of
enactment of this Act; and
(2) any covered consent decree or settlement agreement
proposed to a court on or after the date of enactment of this
Act.
<all>
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118S1646 | Gang Activity Reporting Act of 2023 | [
[
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"sponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1646 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1646
To amend title 28, United States Code, to require the Attorney General
to submit an annual report to Congress on gang activity, reporting,
investigation, and prosecution, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Grassley (for himself and Ms. Rosen) 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 require the Attorney General
to submit an annual report to Congress on gang activity, reporting,
investigation, and prosecution, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gang Activity Reporting Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is experiencing an unprecedented
surge in violent crime, including an increase of more than 30
percent in the rate of murders since 2020.
(2) The most recent Department of Justice data regarding
gangs and criminal activity, published in the 2011 National
Gang Threat Assessment, indicates gangs are responsible for an
average of 48 percent of violent crime in the United States.
(3) Up-to-date, accurate, and consistent reporting from the
relevant Federal agencies relating to gang activity in the
United States is a foundational element in enabling
policymakers to enact effective, evidence-based policy that
protects the people of the United States from gang activity.
SEC. 3. GANG REPORTING REQUIREMENT.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530E. Report on gang activity, reporting, investigation, and
prosecution
``(a) Report.--
``(1) In general.--Not later than 150 days after the date
of enactment of the Gang Activity Reporting Act of 2023, and
not later than the last day of each fiscal year beginning after
the date of enactment, the Attorney General shall, in
conjunction with the Secretary of Homeland Security and the
Director of the Federal Bureau of Investigation, submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on gang
activity, reporting, investigation, and prosecution.
``(2) Contents.--The report described in paragraph (1)
shall include information relating to--
``(A) the growth of local, national, and
transnational gangs during the 10-fiscal-year period
preceding the date on which the report is submitted
(referred to in this section as the `submission
date')--
``(i) with specific numerical data; and
``(ii) including changes and trends in gang
membership, location, and activities and
enterprises;
``(B) the tools, methods, or networks gangs are
using to commit certain crimes, including--
``(i) the extent to which gangs cooperate;
and
``(ii) an assessment of the kinds of crimes
on which gangs cooperate;
``(C) whether and to what extent State-based
reporting issues affect Federal data collection and
accuracy;
``(D) the initiatives the Department of Justice,
Department of Homeland Security, and Federal Bureau of
Investigation undertook during the 5-fiscal-year period
preceding the submission date to track gang growth and
gang activity and to investigate and prosecute related
unlawful activity, including--
``(i) the date on which each initiative was
undertaken; and
``(ii) if applicable, the date on which
each initiative was ended, with a detailed
explanation as to why the initiative was ended;
``(E) the Federal resources allocated by each
agency described in subparagraph (D) to investigating,
prosecuting, and containing gangs as of the submission
date;
``(F) gang enforcement statistics from the last
fiscal year ending before the submission date,
including the quantity, changes, and trends in--
``(i) gang-related arrests, including
comparisons to gang-related arrests during the
5-fiscal-year period preceding the applicable
fiscal year;
``(ii) the number of juveniles arrested as
a result of gang-related activity; and
``(iii) the number of firearms seized by
law enforcement agencies during gang
enforcement operations, including the number of
firearms seized from juveniles;
``(G) the data collection procedures utilized by
each agency described in subparagraph (D); and
``(H) any changes to data collection procedures of
an agency described in subparagraph (D) during the 18-
month period preceding the submission date, including
explanations as to why any procedures were changed.
``(b) Classification.--The report submitted under subsection (a),
or a portion thereof, may be classified, as determined appropriate by
the Attorney General, the Secretary of Homeland Security, and the
Director of the Federal Bureau of Investigation.''.
(b) Technical Amendment.--The table of sections for chapter 31 of
title 28, United States Code, is amended by adding at the end the
following:
``530E. Report on gang activity, reporting, investigation, and
prosecution.''.
<all>
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118S1647 | Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1647 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1647
To impose sanctions with respect to foreign support for terrorist
organizations in Gaza and the West Bank, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Rubio (for himself, Mr. Cramer, Mr. Cassidy, Mr. Braun, Mr. Tillis,
Mr. Scott of Florida, Mr. Hoeven, Mr. Moran, and Mr. Young) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign support for terrorist
organizations in Gaza and the West Bank, and for other 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 ``Hamas and
Palestinian Islamic Jihad International Terrorism Support Prevention
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Imposition of sanctions with respect to foreign persons and
agencies and instrumentalities of foreign
states supporting Hamas, the Palestinian
Islamic Jihad, or any affiliate or
successor thereof.
Sec. 5. Imposition of sanctions with respect to foreign governments
that provide material support for the
terrorist activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate
or successor thereof.
Sec. 6. Report on activities of foreign countries to disrupt global
fundraising, financing, and money
laundering activities of Hamas, the
Palestinian Islamic Jihad, or any affiliate
or successor thereof.
Sec. 7. Miscellaneous provisions.
Sec. 8. Determination of budgetary effects.
SEC. 2. DEFINITIONS.
In this Act:
(1) Admitted.--The term ``admitted'' has the meaning given
that term in section 101(a)(13)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(13)(A)).
(2) Agency or instrumentality of a foreign state.--The term
``agency or instrumentality of a foreign state'' has the
meaning given that term in section 1603(b) of title 28, United
States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(4) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States
person; or
(B) a corporation, partnership, or other
nongovernmental entity that is not a United States
person.
(5) Material support.--The term ``material support'' has
the meaning given the term ``material support or resources'' in
section 2339A of title 18, United States Code.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) a person in the United States.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to prevent Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof from accessing its international
support networks; and
(2) to oppose Hamas, the Palestinian Islamic Jihad, or any
affiliate or successor thereof from attempting to use goods,
including medicine and dual-use items, to smuggle weapons and
other materials to further acts of terrorism.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS AND
AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES
SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY
AFFILIATE OR SUCCESSOR THEREOF.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall impose the sanctions
required under subsection (c) with respect to any foreign person and
any agency or instrumentality of a foreign state that the President
determines knowingly--
(1) assists in, sponsors, or provides significant financial
or material support for, or financial or other services to or
in support of any person described in subsection (b); or
(2) directly or indirectly, materially engages in a
significant transaction with any person described in subsection
(b).
(b) Person Described.--
(1) In general.--A person described in this subsection is a
foreign person that the President determines--
(A) is a senior member of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor thereof;
(B) is a senior member of the Al-Aqsa Martyr's
Brigade, Lion's Den, or any other entity that the
President determines is part of the terrorist
infrastructure in the West Bank and Gaza;
(C) is a senior member of a foreign terrorist
organization designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) whose
members directly or indirectly support any of the
activities of, knowingly engage in a significant
transaction with, or provide financial or material
support for Hamas, the Palestinian Islamic Jihad, any
affiliate or successor thereof, or any person described
in subparagraph (A) or (B); or
(D) knowingly provides or has provided material
assistance, financial or material support, or goods or
services that directly or indirectly supports the
terrorist activities of any foreign person described in
subparagraph (A) or (B).
(2) Requirement to issue guidance.--Not later than 60 days
after the date of the enactment of this Act, and not later than
180 days thereafter, the President shall issue regulations or
other guidance to identify the persons described in this
subsection.
(c) Sanctions Required.--
(1) Foreign persons.--With respect to a foreign person
subject to sanctions under subsection (a), the President shall
exercise all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (except that the requirements of section 202 of such Act
(50 U.S.C. 1701) shall not apply) to the extent necessary to
block and prohibit all transactions in all property and
interests in property of the foreign person if such property
and interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) Agencies or instrumentalities of a foreign state.--With
respect to an agency or instrumentality of a foreign state
subject to sanctions under subsection (a), the President shall
impose 2 or more of the following:
(A) The President may direct the Export-Import Bank
of the United States not to give approval to the
issuance of any guarantee, insurance, extension of
credit, or participation in the extension of credit in
connection with the export of any goods or services to
the agency or instrumentality, and the Export-Import
Bank of the United States shall comply with any such
direction.
(B) The President may prohibit the sale of any
defense articles, defense services, or design and
construction services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) to the agency or
instrumentality.
(C) The President may prohibit the issuance of
licenses for export of any item on the United States
Munitions List under section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)) that include
the agency or instrumentality as a party to the
license.
(D) The President may prohibit the export of any
goods or technologies controlled for national security
reasons under the Export Administration Regulations
under subchapter C of chapter VII of title 15, Code of
Federal Regulations, or successor regulations, to the
agency or instrumentality, except that such prohibition
shall not apply to any transaction subject to the
reporting requirements of title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.).
(E) The President may prohibit any United States
financial institution from making loans or providing
any credit or financing totaling more than $10,000,000
to the agency or instrumentality, except that this
subparagraph shall not apply to--
(i) any transaction subject to the
reporting requirements of title V of the
National Security Act of 1947 (50 U.S.C. 3091
et seq.);
(ii) the provision of medicines, medical
equipment, and humanitarian assistance; or
(iii) any credit, credit guarantee, or
financial assistance provided by the Department
of Agriculture to support the purchase of food
or other agricultural commodities.
(F) The President may exercise all powers granted
to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50
U.S.C. 1701) shall not apply) to the extent necessary
to block and prohibit all transactions in all property
and interests in property of the agency or
instrumentality if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(d) Congressional Nomination Determination With Respect to Foreign
Persons Subject to Sanctions.--Not later than 60 days after receiving a
request from the chairman and ranking member of one of the appropriate
congressional committees with respect to whether a foreign person is
subject to sanctions under subsection (a) pursuant to the criteria set
forth in that subsection, the President shall--
(1) determine if the person meets those criteria; and
(2) submit a classified or unclassified report to such
chairman and ranking member with respect to the determination
under paragraph (1) that includes a statement of whether or not
the President has imposed or intends to impose sanctions with
respect to that person.
(e) Penalties.--
(1) In general.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that knowingly violates, attempts to violate, conspires to
violate, or causes a violation of regulations prescribed under
section 7(b) to carry out paragraph (1) or (2)(F) of subsection
(c) to the same extent that such penalties apply to a person
that knowingly commits an unlawful act described in section
206(a) of that Act.
(2) Authorities.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out paragraphs
(1) and (2)(F) of subsection (c).
(f) Exception.--The President shall not be required to impose
sanctions under this section with respect to a foreign person or an
agency or instrumentality of a foreign state if the President certifies
in writing to the appropriate congressional committees that--
(1) the foreign person or agency or instrumentality (as the
case may be)--
(A) is no longer carrying out activities or
transactions subject to sanctions under this section;
or
(B) has taken and is continuing to take significant
verifiable steps toward terminating activities or
transactions subject to sanctions under this section;
and
(2) the President has received reliable assurances from the
foreign person or agency or instrumentality (as the case may
be) that it will not carry out any activities or transactions
subject to sanctions under this section in the future.
(g) Waiver.--
(1) In general.--The President may waive, on a case-by-case
basis and for a period of not more than 180 days, a requirement
under this section to impose or maintain sanctions with respect
to a foreign person or agency or instrumentality of a foreign
state if the President--
(A) determines that the waiver is in the national
security interest of the United States; and
(B) not less than 30 days before the waiver takes
effect, submits to the appropriate congressional
committees a report on the waiver and the justification
for the waiver.
(2) Renewal of waiver.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for additional
periods of not more than 180 days if the President--
(A) determines that the renewal of the waiver is in
the national security interest of the United States;
and
(B) not less than 15 days before the waiver
expires, submits to the appropriate congressional
committees a report on the renewal of the waiver and
the justification for the renewal of the waiver.
(h) Rule of Construction.--The authority to impose sanctions under
this section with respect to a foreign person or an agency or
instrumentality of a foreign state is in addition to the authority to
impose sanctions under any other provision of law with respect to
foreign persons or agencies or instrumentalities of foreign states that
directly or indirectly support international terrorism.
(i) Effective Date.--This section shall take effect on the date of
the enactment of this Act and apply with respect to activities and
transactions described in subsection (a) that are carried out on or
after such date of enactment.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN GOVERNMENTS
THAT PROVIDE MATERIAL SUPPORT FOR THE TERRORIST
ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR
ANY AFFILIATE OR SUCCESSOR THEREOF.
(a) Identification.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that identifies the following:
(A) Each government of a foreign country that--
(i) the Secretary of State determines has
repeatedly provided support for acts of
international terrorism pursuant to section
1754(c) of the Export Control Reform Act of
2018 (50 U.S.C. 4813(c)), section 40 of the
Arms Export Control Act (22 U.S.C. 2780),
section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any other provision
of law; and
(ii) the President determines has provided
direct or indirect material support for the
terrorist activities of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor
thereof.
(B) Each government of a foreign country that--
(i) is not identified under subparagraph
(A); and
(ii) the President determines knowingly
engaged in a significant transaction that
contributes to the efforts by the government of
a foreign country described in subparagraph
(A)(i) to provide direct or indirect material
support for the terrorist activities of Hamas,
the Palestinian Islamic Jihad, or any affiliate
or successor thereof.
(2) Form of report.--Each report submitted under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Imposition of Sanctions.--The President shall impose the
following sanctions with respect to each government of a foreign
country identified under subparagraph (A) or (B) of subsection (a)(1):
(1) The United States Government shall suspend, for a
period of one year, United States assistance to the government
of the foreign country.
(2) The Secretary of the Treasury shall instruct the United
States Executive Director to each appropriate international
financial institution to oppose, and vote against, for a period
of one year, the extension by that institution of any loan or
financial or technical assistance to the government of the
foreign country.
(3) No item on the United States Munitions List under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)) or the Commerce Control List set forth in
Supplement No. 1 to part 774 of title 15, Code of Federal
Regulations (or any successor list), may be exported to the
government of the foreign country for a period of one year.
(c) Imposition of Additional Sanctions With Respect to Certain
Foreign Governments.--The President shall impose the following
additional sanctions with respect to each government of a foreign
country identified under subsection (a)(1)(A):
(1) The President shall, pursuant to such regulations as
the President may prescribe, prohibit any transactions in
foreign exchange that are subject to the jurisdiction of the
United States and in which the government of the foreign
country has any interest.
(2) The President shall, pursuant to such regulations as
the President may prescribe, prohibit any transfers of credit
or payments between one or more financial institutions or by,
through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of
the United States and involve any interest of the government of
the foreign country.
(d) Exceptions.--
(1) Military use exception.--The President shall not be
required to impose sanctions with respect to the government of
a foreign country pursuant to subsection (b)--
(A) with respect to materials intended to be used
by military or civilian personnel of the Armed Forces
of the United States at military facilities in the
country; or
(B) if the application of such sanctions would
prevent the United States from meeting the terms of any
status of forces agreement to which the United States
is a party.
(2) Humanitarian exception.--The following activities shall
be exempt from sanctions under this section:
(A) The conduct or facilitation of a transaction
for the sale of agricultural commodities, food,
medicine, or medical devices to a foreign government
described in subsection (a) that is not otherwise
subject to the export control laws of the United
States.
(B) The provision of humanitarian assistance to a
foreign government described in subsection(a),
including engaging in a financial transaction relating
to humanitarian assistance or for humanitarian purposes
or transporting goods or services that are necessary to
carry out operations relating to humanitarian
assistance or humanitarian purposes.
(e) Waiver.--
(1) In general.--The President may waive, on a case-by-case
basis and for a period of not more than 180 days, a requirement
under subsection (b) or (c) to impose or maintain sanctions
with respect to a foreign government identified pursuant to
subparagraph (A) or (B) of subsection (a)(1) if the President--
(A) determines that the waiver is in the national
security interest of the United States; and
(B) not less than 30 days before the waiver takes
effect, submits to the appropriate congressional
committees a report on the waiver and the justification
for the waiver.
(2) Renewal of waiver.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for additional
periods of not more than 180 days if the President--
(A) determines that the renewal of the waiver is in
the national security interest of the United States;
and
(B) not less than 15 days before the waiver
expires, submits to the appropriate congressional
committees a report on the renewal of the waiver and
the justification for the renewal of the waiver.
(3) Sunset.--The authority of the President under this
subsection shall terminate on the date that is 2 years after
the date of the enactment of this Act.
(f) Rule of Construction.--The authority to impose sanctions under
subsection (b) or (c) with respect to each government of a foreign
country identified pursuant to subparagraph (A) or (B) of subsection
(a)(1) is in addition to the authority to impose sanctions under any
other provision of law with respect to governments of foreign countries
that provide material support to foreign terrorist organizations
designated pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
(g) Termination.--The President may terminate any sanctions imposed
with respect to the government of a foreign country under subsection
(b) or (c) if the President determines and notifies the appropriate
congressional committees that the government of the foreign country is
no longer carrying out activities or transactions for which the
sanctions were imposed and has provided assurances to the United States
Government that it will not carry out those activities or transactions
in the future.
(h) Effective Date.--This section shall take effect on the date of
the enactment of this Act and apply with respect to activities and
transactions described in subparagraph (A) or (B) of subsection (a)(1)
that are carried out on or after such date of enactment.
SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO DISRUPT GLOBAL
FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES
OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE
OR SUCCESSOR THEREOF.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report that includes--
(A) a list of foreign countries that support Hamas,
the Palestinian Islamic Jihad, or any affiliate or
successor thereof, or in which Hamas maintains
important portions of its financial networks;
(B) with respect to each foreign country on the
list required by subparagraph (A)--
(i) an assessment of whether the government
of the country is taking adequate measures to
freeze the assets of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor
thereof within the territory of the country;
and
(ii) in the case of a country the
government of which is not taking adequate
measures to freeze the assets of Hamas--
(I) an assessment of the reasons
that government is not taking adequate
measures to freeze those assets; and
(II) a description of measures
being taken by the United States
Government to encourage that government
to freeze those assets;
(C) a list of foreign countries in which Hamas, the
Palestinian Islamic Jihad, or any affiliate or
successor thereof, conducts significant fundraising,
financing, or money laundering activities;
(D) with respect to each foreign country on the
list required by subparagraph (C)--
(i) an assessment of whether the government
of the country is taking adequate measures to
disrupt the fundraising, financing, or money
laundering activities of Hamas, the Palestinian
Islamic Jihad, or any affiliate or successor
thereof within the territory of the country;
and
(ii) in the case of a country the
government of which is not taking adequate
measures to disrupt those activities--
(I) an assessment of the reasons
that government is not taking adequate
measures to disrupt those activities;
and
(II) a description of measures
being taken by the United States
Government to encourage that government
to improve measures to disrupt those
activities; and
(E) a list of foreign countries from which Hamas,
the Palestinian Islamic Jihad, or any affiliate or
successor thereof, acquires surveillance equipment,
electronic monitoring equipment, or other means to
inhibit communication or political expression in Gaza.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form to the greatest extent possible
and may contain a classified annex.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for the following
3 years, the Secretary of State, the Secretary of the Treasury, and the
heads of other applicable Federal departments and agencies (or their
designees) shall provide to the appropriate committees of Congress a
briefing on the disposition of the assets and activities of Hamas, the
Palestinian Islamic Jihad, or any successor or affiliate thereof
related to fundraising, financing, and money laundering worldwide.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Rule of Construction.--Nothing in this Act shall be construed
to apply to the authorized intelligence activities of the United
States.
(b) Regulatory Authority.--The President shall, not later than 180
days after the date of the enactment of this Act, prescribe regulations
as are necessary for the implementation of this Act.
(c) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(d) Termination.--This Act shall terminate on the earlier of--
(1) 30 days after the date on which the President certifies
to the appropriate congressional committees that Hamas and the
Palestinian Islamic Jihad, or any successor or affiliate
thereof--
(A) are no longer designated as a foreign terrorist
organization pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(B) are no longer subject to sanctions pursuant
to--
(i) Executive Order 12947 (50 U.S.C. 1701
note; relating to prohibiting transactions with
terrorists who threaten to disrupt the Middle
East peace process); and
(ii) Executive Order 13224 (50 U.S.C. 1701
note; relating to blocking property and
prohibiting transactions with persons who
commit, threaten to commit, or support
terrorism); and
(C) meet the criteria described in paragraphs (1)
through (4) of section 9 of the Palestinian Anti-
Terrorism Act of 2006 (Public Law 109-446; 22 U.S.C.
2378b note); or
(2) 3 years after the date of the enactment of this Act.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010 (2 U.S.C. 931 et seq.),
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
<all>
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118S1648 | Launch Communications Act | [
[
"S001227",
"Sen. Schmitt, Eric [R-MO]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1648 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1648
To facilitate access to the electromagnetic spectrum for commercial
space launches and commercial space reentries, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Schmitt (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To facilitate access to the electromagnetic spectrum for commercial
space launches and commercial space reentries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Launch Communications Act''.
SEC. 2. ACCESS TO ELECTROMAGNETIC SPECTRUM FOR COMMERCIAL SPACE
LAUNCHES AND REENTRIES.
(a) Service Rules; Allocation.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall--
(A) complete any proceeding in effect as of such
date of enactment related to the adoption of service
rules for access to the frequencies described in
subsection (c) for commercial space launches and
commercial space reentries, including technical
specifications, eligibility requirements, and
coordination procedures to preserve the defense
capabilities of the United States; and
(B) allocate on a secondary basis such frequencies
for commercial space launches and commercial space
reentries.
(2) Coordination with national telecommunications and
information administration.--The coordination procedures
adopted under paragraph (1)(A) shall include requirements for
persons conducting commercial space launches and commercial
space reentries to coordinate with the Assistant Secretary
regarding access to the frequencies described in subsection (c)
for commercial space launches and commercial space reentries.
(3) Limitation.--Access to the frequencies described in
subsection (c) in accordance with the service rules adopted
under subparagraph (A) of paragraph (1), and the allocation of
such frequencies under subparagraph (B) of that paragraph,
shall be limited to the use of such frequencies for commercial
space launches and commercial space reentries.
(b) Streamlining of Process for Granting Authorizations.--Not later
than 180 days after the date of the enactment of this Act, the
Commission shall issue new regulations to streamline the process for
granting authorizations for access to the frequencies described in
subsection (c) for commercial space launches and commercial space
reentries so as to provide for--
(1) authorizations that include access to such frequencies
for multiple commercial space launches from 1 or more Federal
space launch sites and multiple commercial space reentries to 1
or more Federal space launch sites;
(2) authorizations that include access to such frequencies
for multiple commercial space launches from 1 or more private
space launch sites and multiple commercial space reentries to 1
or more private space launch sites, upon successful
coordination with any Federal space launch site within a range
for access to such frequencies such that such a commercial
space launch or commercial space reentry would cause harmful
interference with Federal systems;
(3) authorizations that include access to multiple uses of
such frequencies for commercial space launch or commercial
space reentry;
(4) automation of the processes of the Commission to review
applications for authorizations for access to such frequencies
for commercial space launches and commercial space reentries;
and
(5) improved coordination by the Commission with the
Assistant Secretary (who shall coordinate with the head of any
other Federal agency, as the Assistant Secretary considers
appropriate) to increase the speed of review of applications
for authorizations for access to such frequencies for
commercial space launches and commercial space reentries.
(c) Frequencies Described.--The frequencies described in this
subsection are the frequencies between 2025 and 2110 megahertz, between
2200 and 2290 megahertz, and between 2360 and 2395 megahertz.
(d) Rule of Construction.--Each range of frequencies described in
this section shall be construed to be inclusive of the upper and lower
frequencies in the range.
(e) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commercial space launch.--The term ``commercial space
launch'' means a launch licensed under chapter 509 of title 51,
United States Code.
(3) Commercial space reentry.--The term ``commercial space
reentry'' means a reentry licensed under chapter 509 of title
51, United States Code.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
<all>
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118S1649 | LICENSE Act of 2023 | [
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"Sen. Kelly, Mark [D-AZ]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1649 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1649
To require the Secretary of Transportation to modify certain
regulations relating to the requirements for commercial driver's
license testing and commercial learner's permit holders, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Lummis (for herself and Mr. Kelly) 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 modify certain
regulations relating to the requirements for commercial driver's
license testing and commercial learner's permit holders, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Licensing Individual Commercial
Exam-takers Now Safely and Efficiently Act of 2023'' or the ``LICENSE
Act of 2023''.
SEC. 2. MODIFICATIONS TO CERTAIN COMMERCIAL DRIVER'S LICENSE
REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation, acting through the Administrator of the
Federal Motor Carrier Safety Administration, shall--
(1) revise section 384.228 of title 49, Code of Federal
Regulations (or a successor regulation), to allow a State or
third-party examiner to administer a commercial driver's
license knowledge test if the examiner--
(A) maintains a valid commercial driver's license
test examiner certification;
(B) completes a commercial driver's license skills
test examiner training course that meets the
requirements of subsection (d) of that section; and
(C) completes 1 unit of instruction described in
subsection (c)(3) of that section; and
(2) revise section 383.79 of title 49, Code of Federal
Regulations (or a successor regulation), to allow a State to
administer a driving skills test to any commercial driver's
license applicant, regardless of the State of domicile of the
applicant or where the applicant received driver training.
<all>
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118S165 | Let Them Learn Act | [
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],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
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] | <p><b>Let Them Learn Act</b></p> <p>This bill prohibits the District of Columbia (DC) from using federal or local funds to require that students in elementary or secondary schools receive a COVID-19 vaccination.</p> <p>The bill also nullifies the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021, enacted by the DC Council. That act (1) requires COVID-19 vaccinations for students in elementary and secondary schools and staff at licensed child care facilities, and (2) provides for the electronic transmission of COVID-19 and other vaccination certifications for school attendance.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 165 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 165
To prohibit the use of Federal and local funds to impose or enforce a
COVID-19 vaccine mandate in District of Columbia schools, and to repeal
the Coronavirus Immunization of School Students and Early Childhood
Workers Regulation Amendment Act of 2021 enacted by the District of
Columbia Council.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cruz (for himself, Mrs. Blackburn, Mr. Lee, Mr. Lankford, Mr.
Marshall, Mr. Braun, Mr. Hawley, and Mr. Scott of Florida) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit the use of Federal and local funds to impose or enforce a
COVID-19 vaccine mandate in District of Columbia schools, and to repeal
the Coronavirus Immunization of School Students and Early Childhood
Workers Regulation Amendment Act of 2021 enacted by the District of
Columbia Council.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Them Learn Act''.
SEC. 2. PROHIBITION ON USE OF FEDERAL AND LOCAL FUNDS TO IMPOSE OR
ENFORCE COVID-19 VACCINE MANDATE IN DISTRICT OF COLUMBIA
SCHOOLS.
(a) Definitions.--In this section:
(1) Covered school.--The term ``covered school'' means an
elementary school or a secondary school, as those terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801), in the District of
Columbia.
(2) COVID-19 vaccine.--The term ``COVID-19 vaccine'' means
any vaccine for the prevention of Coronavirus Disease 2019
(COVID-19) caused by severe acute respiratory syndrome
coronavirus 2 (SARS-CoV-2) that is approved under section 351
of the Public Health Service Act (42 U.S.C. 262) or section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
authorized for emergency use under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
(b) Prohibition.--No Federal or local funds may be used by the
District of Columbia or a covered school to impose or enforce a COVID-
19 vaccine requirement on a student in connection with enrollment by
the student in a covered school, including any requirement that a
student receive a COVID-19 vaccine in order to be able to attend in-
person classroom instruction or participate in any school-related
activity on or off campus, including an athletic or academic
competition.
SEC. 3. REPEAL OF CORONAVIRUS IMMUNIZATION OF SCHOOL STUDENTS AND EARLY
CHILDHOOD WORKERS REGULATION AMENDMENT ACT OF 2021.
The Coronavirus Immunization of School Students and Early Childhood
Workers Regulation Amendment Act of 2021 (D.C. Law 24-85), enacted by
the District of Columbia Council on January 12, 2022, and effective on
March 2, 2022, shall have no force or effect.
<all>
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118S1650 | TSP Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1650 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1650
To amend title 5, United States Code, to provide that sums in the
Thrift Savings Fund may not be invested in securities that are listed
on certain foreign exchanges, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Rubio (for himself, Mrs. Shaheen, Ms. Ernst, Mr. Hawley, and Mr.
Scott of Florida) introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide that sums in the
Thrift Savings Fund may not be invested in securities that are listed
on certain foreign exchanges, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers and Savers Protection Act
of 2023'' or the ``TSP Act of 2023''.
SEC. 2. INVESTMENT OF THRIFT SAVINGS FUND.
Section 8438 of title 5, United States Code, is amended by adding
at the end the following:
``(i)(1) In this subsection--
``(A) the term `country of concern' means any
country (including any special administrative region of
such country) identified as a threat to the national
security of the United States in the most recent report
submitted to Congress by the Director of National
Intelligence under section 108B of the National
Security Act of 1947 (50 U.S.C. 3043b) (commonly
referred to as the `Annual Threat Assessment');
``(B) the terms `exchange', `issuer', and
`security' have the meanings given those terms in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a));
``(C) the term `national securities exchange' means
an exchange that is registered pursuant to section 6 of
the Securities Exchange Act of 1934 (15 U.S.C. 78f);
``(D) the term `publicly listed company' means an
issuer, the securities of which are listed on a
national securities exchange; and
``(E) the term `security of concern' means a
security--
``(i) that is listed on an exchange in a
country of concern;
``(ii) the issuer with respect to which is
incorporated in, or otherwise subject to the
jurisdiction of the government of, a country of
concern; or
``(iii) more than 50 percent of the revenue
of the issuer with respect to which is--
``(I) generated in a country of
concern;
``(II) consolidated under generally
accepted accounting principles in the
United States; and
``(III) after the consolidation
described in subclause (II),
incorporated into the financial
statement of a publicly listed company.
``(2) Notwithstanding any other provision of this section, no sums
in the Thrift Savings Fund may be invested in any security of concern,
without regard to--
``(A) the exchange through which the security of concern is
purchased; or
``(B) whether the security of concern is purchased--
``(i) in synthetic form, such as through an equity
swap or similar financial instrument; or
``(ii) through a mutual fund made available through
any mutual fund window added pursuant to subsection
(b)(5).
``(3) The Executive Director shall consult with the Securities and
Exchange Commission on a biennial basis in order to ensure compliance
with paragraph (2).''.
<all>
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"titleType": "Short Title(s) as Introduced"
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{
"billTextVersionCode": "IS",
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} | |
118S1651 | Western Balkans Democracy and Prosperity Act | [
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1651 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1651
To encourage increased trade and investment between the United States
and the countries in the Western Balkans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mrs. Shaheen (for herself, Mr. Wicker, Mr. Cardin, Mr. Durbin, and Mr.
Van Hollen) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To encourage increased trade and investment between the United States
and the countries in the Western Balkans, and for other 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 ``Western Balkans
Democracy and Prosperity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
Sec. 5. Codification of sanctions relating to the Western Balkans.
Sec. 6. Congressional review of certain actions relating to sanctions
imposed with respect to the Western
Balkans.
Sec. 7. Democratic and economic development and prosperity initiatives.
Sec. 8. Countering malign influence and promoting cross-cultural
engagement.
Sec. 9. Peace Corps in the Western Balkans.
Sec. 10. Balkans Youth Leadership Initiative.
Sec. 11. Supporting cybersecurity and cyber resilience in the Western
Balkans.
Sec. 12. Sense of Congress regarding an interim agreement.
Sec. 13. Sunset.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Western Balkans countries (the Republic of Albania,
Bosnia and Herzegovina, the Republic of Kosovo, Montenegro, the
Republic of North Macedonia, and the Republic of Serbia) form a
pluralistic, multi-ethnic region in the heart of Europe that is
critical to the peace, stability, and prosperity of Europe.
(2) Continued peace, stability, and prosperity in the
Western Balkans is directly tied to opportunities for
democratic and economic advancement available to the citizens
and residents of those 6 countries.
(3) It is in the mutual interest of the United States and
the 6 countries of the Western Balkans to promote stable and
sustainable economic growth and development in the region.
(4) The reforms and integration with the European Union
pursued by countries in the Western Balkans have led to
significant democratic and economic progress in the region.
(5) Despite economic progress, rates of poverty and
unemployment in the Western Balkans remain higher than in
neighboring European Union countries.
(6) Out-migration, particularly of youth, is affecting
demographics in each Western Balkans country, resulting in
negative population growth in all 6 countries.
(7) Creating an enabling environment for transparent,
accountable, and market-oriented investment and creating
employment opportunities in the Western Balkans, especially for
youth, can provide powerful tools for economic development and
for encouraging broader participation in a political process
that increases prosperity for all.
(8) Offering opportunities for inclusive, transparent
economic growth and merit-based employment to people living in
the Western Balkans will encourage higher levels of trade and
direct investment and support positive economic and political
developments occurring throughout the region.
(9) Existing regional economic efforts, such as the Common
Regional Market and the Open Balkan initiative, when aligned
with European Union standards, norms, and regulations, have the
potential to improve the economic conditions in the Western
Balkans, while promoting inclusion and transparency.
(10) The Department of Commerce, through its Foreign
Commercial Service, plays an important role in promoting and
facilitating opportunities for United States trade and
investment.
(11) Corruption continues to plague the Western Balkans and
represents one of the greatest impediments to further economic
and political development in the region.
(12) Disinformation campaigns targeting the Western Balkans
threaten the credibility of Western democratic institutions.
(13) Vulnerabilities to corrosive capital, malign economic
influence, interference, and economic coercion are acutely
present in Western Balkans economies.
(14) Vulnerability to cyberattacks or attacks on
information and communication technology infrastructure
increases risks to the functioning of government and the
delivery of public services.
(15) United States Cyber Command plays a critical role in
defending the national security interests of the United States.
(16) Securing domestic and international cyber networks and
electronic infrastructure is a national security priority for
the United States, which is exemplified by offices and programs
across the Federal Government that support cyber security,
including--
(A) the Department of Homeland Security's
Cybersecurity and Infrastructure Security Agency;
(B) the Department of State's Bureau of Cyberspace
and Digital Policy;
(C) the United States Agency for International
Development's Digital Strategy; and
(D) the Department of Energy's CyberForce Program.
(17) Corruption and disinformation proliferate in political
environments marked by autocratic control or partisan conflict.
(18) Dependence on Russian sources of oil and natural gas
for the countries of the Western Balkans ties their economies
and politics to the Russian Federation and inhibits their
aspirations for European integration.
(19) The reliance of the Western Balkans on fossil fuels
for energy sources causes damage to the environment and to
human health, while inhibiting economic development in the
region.
(20) Reducing the reliance of the Western Balkans on
Russian natural gas supplies is in the national interest of the
United States.
(21) The growing influence of China in the Western Balkans
could also have a deleterious impact on strategic competition,
democracy, and economic integration with Europe.
(22) The United States International Development Finance
Corporation plays an important role in the pursuit of United
States policy goals focused on economic development.
(23) In March 2022, President Biden launched the European
Democratic Resilience Initiative to bolster democratic
resilience, advance anti-corruption efforts, and defend human
rights in Ukraine and its neighbors in response to Russia's war
of aggression.
SEC. 3. SENSE OF CONGRESS.
It is a sense of Congress that the United States should--
(1) encourage increased trade and investment between the
United States and allies and partners in the Western Balkans;
(2) expand United States assistance to regional integration
efforts in the Western Balkans;
(3) strengthen and expand regional economic integration in
the Western Balkans, especially enterprises owned by and
employing women and youth;
(4) work with allies and partners committed to improving
the rule of law, energy resource diversification, democratic
and economic reform, and the eradication of poverty in the
Western Balkans;
(5) increase United States trade and investment with the
Western Balkans, particularly in ways that--
(A) decrease dependence on Russian energy sources
and fossil fuels;
(B) increase energy diversification, efficiency,
and conservation; and
(C) facilitate the transition to cleaner and more
reliable sources of energy, including renewables;
(6) support the efforts of countries of the Western Balkans
to develop--
(A) strong civil societies;
(B) public-private partnerships and dialogue in
policy development;
(C) independent media;
(D) transparent, accountable, citizen-responsive
governance, including expanded representation for women
and youth in democratic spaces; and
(E) political stability;
(7) support the expeditious accession of the Western
Balkans countries to the European Union and to the North
Atlantic Treaty Organization (referred to in this section as
``NATO'') for those that desire and meet the criteria for
membership;
(8) support--
(A) maintaining the full European Union Force
(EUFOR) mandate in Bosnia and Herzegovina as being in
the national security interests of the United States;
(B) encouraging NATO and the European Union to
review their mission mandates and posture in Bosnia and
Herzegovina to ensure they are playing a proactive role
in establishing a safe and secure environment,
particularly the defense environment;
(C) using the voice of the United States in NATO to
encourage alliance planning and support of an
international military force to maintain a safe and
secure environment in Bosnia and Herzegovina,
especially if Russia blocks reauthorization of the
mission in the United Nations; and
(D) a strengthened NATO headquarters in Sarajevo;
(9) continue security cooperation with the Republic of
Albania, Montenegro, and the Republic of North Macedonia
through the auspices of NATO and through continued bilateral
cooperation;
(10) continue to support Montenegro's ongoing accession
negotiations with the European Union, including by providing
assistance to Montenegro to help the country promptly meet
European Union membership criteria;
(11) continue to support the applications of the Republic
of North Macedonia and the Republic of Albania for European
Union membership by supporting improvement of their respective
abilities to meet democracy benchmarks required for accession;
(12) continue to support the overarching mission of the
Open Balkan initiative provided the initiative remains
inclusive of all Western Balkans countries and remains aligned
with the objectives and standards laid out by the European
Union for requirements for accession to the European Union;
(13) continue to support the pursuit by Bosnia and
Herzegovina of European Union candidate status by encouraging
meaningful advancement of its reform agenda;
(14) continue to support the cultural heritage, and
recognize the languages of the Western Balkans;
(15) coordinate closely with the European Union, the United
Kingdom, and other allies and partners on sanctions
designations and work to align efforts as much as possible to
demonstrate a clear commitment to upholding democratic values;
(16) expand bilateral security cooperation with NATO-
aspirant Western Balkan countries, particularly efforts focused
on regional integration and cooperation, including through the
Adriatic Charter, done at Tirana May 2, 2003;
(17) increase efforts to combat Russian disinformation
campaigns and any other malign, destabilizing, or disruptive
activities targeting the Western Balkans through engagement
with government institutions, political stakeholders,
journalists, civil society organizations, and industry leaders;
(18) develop a series of cyber resilience standards,
consistent with the Enhanced Cyber Defense Policy and Readiness
Action Plan endorsed at the 2014 Wales Summit of the North
Atlantic Treaty Organization to expand cooperation with
partners and allies, including in the Western Balkans, on cyber
security and ICT infrastructure defenses;
(19) articulate clearly and unambiguously the United States
commitment to supporting democratic values and respect for
international law as the sole path forward for the countries of
the Western Balkans; and
(20) support the mission of the Peace Corps to promote
world peace and friendship by helping the people of interested
countries to meet their need for trained men and women, which
provides an invaluable opportunity to connect the American
people with the people of the Western Balkans.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Western balkans.--The term ``Western Balkans'' means
the region comprised of the following countries:
(A) The Republic of Albania.
(B) Bosnia and Herzegovina.
(C) Montenegro.
(D) The Republic of Kosovo.
(E) The Republic of North Macedonia.
(F) The Republic of Serbia.
(3) Western balkans country.--The term ``Western Balkan
country'' means any country listed in subparagraphs (A) through
(F) of paragraph (2).
SEC. 5. CODIFICATION OF SANCTIONS RELATING TO THE WESTERN BALKANS.
(a) In General.--Each sanction imposed through Executive orders
described in subsection (b), including each sanction imposed with
respect to a person under such an Executive order, as of the date of
the enactment of this Act, shall remain in effect, except as provided
in subsection (c).
(b) Executive Orders Specified.--The Executive orders specified in
this subsection are--
(1) Executive Order 13219 (50 U.S.C. 1701 note; relating to
blocking property of persons who threaten international
stabilization efforts in the Western Balkans), as in effect on
the date of the enactment of this Act; and
(2) Executive Order 14033 (50 U.S.C. 1701 note; relating to
blocking property and suspending entry into the United States
of certain persons contributing to the destabilizing situation
in the Western Balkans), as in effect on such date of
enactment.
(c) Termination of Sanctions.--The President may terminate the
application of a sanction described in subsection (a) with respect to a
person if the President certifies to the appropriate congressional
committees that--
(1) such person--
(A) is not engaging in the activity that was the
basis for such sanctions; or
(B) has taken significant verifiable steps toward
stopping such activity; and
(2) the President has received reliable assurances that
such person will not knowingly engage in activity subject to
such sanctions in the future.
SEC. 6. CONGRESSIONAL REVIEW OF CERTAIN ACTIONS RELATING TO SANCTIONS
IMPOSED WITH RESPECT TO THE WESTERN BALKANS.
(a) Definitions.--
(1) Covered congressional committees and leadership.--In
this section, the term ``covered congressional committees and
leadership'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Majority Leader of the Senate;
(D) the Minority Leader of the Senate;
(E) the Committee on Financial Services of the
House of Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Speaker of the House of Representatives;
(H) the Majority Leader of the House of
Representatives; and
(I) the Minority Leader of the House of
Representatives.
(2) Joint resolution of approval.--The term ``joint
resolution of approval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint
resolution approving the President's proposal to take
an action relating to the application of certain
sanctions with respect to the Western Balkans.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress approves of the
action relating to the application of sanctions imposed
with respect to the Western Balkans proposed by the
President in the report submitted to Congress under
section 6(b)(1) of the Western Balkans Democracy and
Prosperity Act on _____ relating to ______.'', with the
first blank space being filled with the appropriate
date and the second blank space being filled with a
short description of the proposed action.
(3) Joint resolution of disapproval.--The term ``joint
resolution of disapproval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint
resolution disapproving the President's proposal to
take an action relating to the application of certain
sanctions with respect to the Western Balkans.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress disapproves of the
action relating to the application of sanctions imposed
with respect to the Western Balkans proposed by the
President in the report submitted to Congress under
section 6(b)(1) of the Western Balkans Democracy and
Prosperity Act on _____ relating to ______.'', with the
first blank space being filled with the appropriate
date and the second blank space being filled with a
short description of the proposed action.
(b) Submission to Congress of Proposed Action.--
(1) In general.--Notwithstanding any other provision of
law, before taking any action described in paragraph (2)(A),
the President shall submit a report to the covered
congressional committees and leadership that includes--
(A) a description of the proposed action; and
(B) a justification for the proposed action.
(2) Actions and sanctions described.--
(A) Actions described.--An action described in this
subparagraph is--
(i) an action to terminate the application
of any sanction described in subparagraph (B);
(ii) with respect to a sanction described
in subparagraph (B) imposed by the President
with respect to a person, an action to waive
the application of such sanction with respect
to that person; or
(iii) a licensing action that significantly
alters the foreign policy of the United States
with respect to the Western Balkans.
(B) Sanctions described.--A sanction described in
this subparagraph is a sanction imposed under--
(i) Executive Order 13219 (50 U.S.C. 1701
note; relating to blocking property of persons
who threaten international stabilization
efforts in the Western Balkans), as in effect
on the date of the enactment of this Act; or
(ii) Executive Order 14033 (50 U.S.C. 1701
note; relating to blocking property and
suspending entry into the United States of
certain persons contributing to the
destabilizing situation in the Western
Balkans), as in effect on the date of enactment
of this Act.
(3) Type of action.--Each report submitted pursuant to
paragraph (1) with respect to an action described in paragraph
(2)(A) shall include a description of whether the action--
(A) is not intended to significantly alter the
foreign policy of the United States with respect to the
Western Balkans; or
(B) is intended to significantly alter the foreign
policy of the United States with respect to the Western
Balkans.
(4) Inclusion of additional matters.--
(A) Additional matters.--Each report submitted
pursuant to paragraph (1) that relates to an action
that is intended to significantly alter United States
foreign policy with respect to the Western Balkans, as
determined pursuant to paragraph (3)(B), shall include
a description of--
(i) the intended significant alteration to
such foreign policy;
(ii) the anticipated effect of the action
on the national security interests of the
United States; and
(iii) the policy objectives for which the
sanctions affected by the action were initially
imposed.
(B) Requests from banking and financial services
committees.--The Committee on Banking, Housing, and
Urban Affairs of the Senate or the Committee on
Financial Services of the House of Representatives may
request the submission to such committee of the matters
specified in clauses (ii) and (iii) of subparagraph (A)
with respect to a report submitted pursuant to
paragraph (1) that relates to an action that is not
intended to significantly alter United States foreign
policy with regard to the Western Balkans, as
determined pursuant to paragraph (3)(A).
(c) Period for Review by Congress.--
(1) In general.--Except as provided in paragraph (2),
during the 90-legislative day period beginning on the date on
which the President submits a report pursuant to subsection
(b)(1)--
(A) in the case of a report that relates to an
action that is not intended to significantly alter
United States foreign policy with regard to the Western
Balkans, as determined pursuant to subsection
(b)(3)(A), the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial
Services of the House of Representatives should, as
appropriate, hold hearings and briefings and otherwise
obtain information in order to fully review the report;
and
(B) in the case of a report that relates to an
action that is intended to significantly alter United
States foreign policy with regard to the Western
Balkans, as determined pursuant to subsection
(b)(3)(B), the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives should, as appropriate, hold
hearings and briefings and otherwise obtain information
in order to fully review the report.
(2) Exception.--The period for congressional review under
paragraph (1) of a report submitted pursuant to subsection
(b)(1) shall be 120 calendar days if the report is submitted on
or after July 10 and on or before September 7 in any calendar
year.
(3) Limitation on actions during initial congressional
review period.--Notwithstanding any other provision of law,
during the congressional review period described in paragraph
(1) of a report submitted pursuant to subsection (b)(1)
proposing an action described in subsection (b)(2), including
any additional period for such review as applicable under the
exception provided in paragraph (2), the President may not take
that action unless a joint resolution of approval with respect
to such action has been enacted in accordance with subsection
(d).
(4) Limitation on actions during presidential consideration
of a joint resolution of disapproval.--Notwithstanding any
other provision of law, if a joint resolution of disapproval
relating to a report submitted pursuant to subsection (b)(1)
proposing an action described in subsection (b)(2) passes both
Houses of Congress in accordance with subsection (d), the
President may not take such action until the date that is 12
days after the date on which such joint resolution of
disapproval has been passed by both Houses of Congress.
(5) Limitation on actions during congressional
reconsideration of a joint resolution of disapproval.--
Notwithstanding any other provision of law, if a joint
resolution of disapproval relating to a report submitted
pursuant to subsection (b)(1) proposing an action described in
subsection (b)(2) passes both Houses of Congress in accordance
with subsection (d), and the President vetoes such joint
resolution, the President may not take such action until 10
days after the date of the President's veto.
(6) Effect of enactment of a joint resolution of
disapproval.--Notwithstanding any other provision of law, if a
joint resolution of disapproval relating to a report submitted
pursuant to subsection (b)(1) proposing an action described in
subsection (b)(2) is enacted in accordance with subsection (d),
the President may not take such action.
(d) Joint Resolutions of Disapproval or Approval.--
(1) Introduction.--During the 90-legislative day period
described in subsection (c)(1), including any additional period
applicable under the exception provided in subsection (c)(2), a
joint resolution of approval or joint resolution of disapproval
may be introduced--
(A) in the Senate, by the Majority Leader (or
designee) or the Minority Leader (or designee); and
(B) in the House of Representatives, by the
Majority Leader or the Minority Leader.
(2) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a joint
resolution of approval or joint resolution of disapproval has
been referred does not report the joint resolution to the House
of Representatives within 10 days after the date of referral,
such committee shall be discharged from further consideration
of the joint resolution.
(3) Consideration in senate.--
(A) Committee referral.--A joint resolution of
approval or joint resolution of disapproval introduced
in the Senate shall be--
(i) referred to the Committee on Banking,
Housing, and Urban Affairs of the Senate if the
joint resolution relates to a report submitted
pursuant to subsection (b)(1) that relates to
an action that is not intended to significantly
alter United States foreign policy with regard
to the Russian Federation, as determined
pursuant to subsection (b)(3)(A); and
(ii) referred to the Committee on Foreign
Relations of the Senate if the joint resolution
relates to a report submitted pursuant to
subsection (b)(1) that relates to an action
that is intended to significantly alter United
States foreign policy with respect to the
Russian Federation, as determined pursuant to
subsection (b)(3)(B).
(B) Reporting and discharge.--If the committee to
which a joint resolution of approval or joint
resolution of disapproval was referred does not report
the joint resolution to the Senate within 10 days after
the date of referral of the joint resolution, such
committee shall be discharged from further
consideration of the joint resolution and the joint
resolution shall be placed on the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Banking,
Housing, and Urban Affairs of the Senate or the
Committee on Foreign Relations of the Senate, as the
case may be, reports a joint resolution of approval or
joint resolution of disapproval to the Senate or has
been discharged from consideration of such a joint
resolution (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against
consideration of the joint resolution) are waived. The
motion to proceed is not debatable. The motion is not
subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution of
approval or joint resolution of disapproval shall be
decided without debate.
(E) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a joint
resolution of approval or joint resolution of
disapproval, including all debatable motions and
appeals in connection with the joint resolution, shall
be limited to 10 hours, to be equally divided between,
and controlled by, the Majority Leader of the Senate
and the Minority Leader of the Senate, or their
designees.
(4) Rules relating to senate and house of
representatives.--
(A) Treatment of senate joint resolution in house
of representatives.--In the House of Representatives,
the following procedures shall apply to a joint
resolution of approval or a joint resolution of
disapproval received from the Senate (unless the House
has already passed a joint resolution relating to the
same proposed action):
(i) The joint resolution shall be referred
to the appropriate committees.
(ii) If a committee to which a joint
resolution has been referred has not reported
the joint resolution within 2 days after the
date of referral, such committee shall be
discharged from further consideration of the
joint resolution.
(iii) Beginning on the third legislative
day after each committee to which a joint
resolution has been referred reports the joint
resolution to the House of Representatives or
has been discharged from further consideration
thereof, it shall be in order to move to
proceed to consider the joint resolution in the
House of Representatives. All points of order
against the motion are waived. Such a motion
shall not be in order after the House has
disposed of a motion to proceed on the joint
resolution. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of
shall not be in order.
(iv) The joint resolution shall be
considered as read. All points of order against
the joint resolution and against its
consideration are waived. The previous question
shall be considered as ordered on the joint
resolution to final passage without intervening
motion except 2 hours of debate equally divided
and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
joint resolution shall not be in order.
(B) Treatment of house of representatives joint
resolution in senate.--
(i) If, before the passage by the Senate of
a joint resolution of approval or joint
resolution of disapproval, the Senate receives
an identical joint resolution from the House of
Representatives, the following procedures shall
apply:
(I) That joint resolution shall not
be referred to a committee.
(II) With respect to that joint
resolution--
(aa) the procedure in the
Senate shall be the same as if
no joint resolution had been
received from the House of
Representatives; but
(bb) the vote on passage
shall be on the joint
resolution from the House of
Representatives.
(ii) If, following passage of a joint
resolution of approval or joint resolution of
disapproval in the Senate, the Senate receives
an identical joint resolution from the House of
Representatives, that joint resolution shall be
placed on the appropriate Senate calendar.
(iii) If a joint resolution of approval or
a joint resolution of disapproval is received
from the House of Representatives, and no
companion joint resolution has been introduced
in the Senate, the Senate procedures under this
subsection shall apply to the House of
Representatives joint resolution.
(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
approval or joint resolution of disapproval that is a
revenue measure.
(5) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 7. DEMOCRATIC AND ECONOMIC DEVELOPMENT AND PROSPERITY INITIATIVES.
(a) Anti-Corruption Initiative.--The Secretary of State, through
ongoing and new programs, shall--
(1) seek to expand technical assistance in each Western
Balkans country to develop new national anti-corruption
strategies, or to strengthen existing national anti-corruption
strategies focused on priorities, including good governance,
election administration, and transparent economic investments,
taking into account local conditions and contingent on the
agreement of the host country government;
(2) seek to share best practices with, and provide training
to, civilian law enforcement agencies and judicial
institutions, and other relevant administrative bodies, of the
Western Balkans countries, to improve the efficiency,
transparency, and accountability of such agencies and
institutions on priorities, including the promotion of human
rights;
(3) provide to the Western Balkans countries support to
combat corruption, particularly in the judiciary, independent
election oversight bodies, and public procurement processes,
and to strengthen regulatory and legislative oversight of
critical governance areas, such as freedom of information and
public procurement, including by strengthening cyber defenses
and ICT infrastructure networks; and
(4) include the Western Balkans countries in the European
Democratic Resilience Initiative of the Department of State, or
any successor initiative, and considers the Western Balkans as
a recipient of anti-corruption funding for such initiative.
(b) Prioritizing Cyber Resilience, Regional Trade, and Economic
Competitiveness.--
(1) Sense of congress.--It is the sense of Congress that--
(A) promoting stronger economic, civic, and
political relationships among Western Balkans countries
will enable such countries to better utilize existing
resources and maximize their economic security and
democratic resilience by reinforcing cyber defenses and
increasing trade in goods and services among other
countries in the region; and
(B) United States investments in and assistance
toward creating a more integrated region ensures
political stability and security for the region.
(2) 5-year strategy for economic development and democratic
resilience in western balkans.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
and the Administrator of the United States Agency for
International Development, in coordination with the Secretary
of the Treasury, the Secretary of Commerce, and the Chief
Executive Officer of the United States International
Development Finance Corporation, shall submit to the
appropriate congressional committees a regional economic
development and democratic resilience strategy for the Western
Balkans that--
(A) considers the full set of tools and resources
available from the agencies overseen by such Federal
officials;
(B) includes efforts to ensure coordination with
multilateral and bilateral partners, such as the
European Union, the World Bank, and other relevant
assistance frameworks;
(C) includes an initial public assessment of--
(i) economic opportunities for which United
States businesses, or those of other like-
minded partner countries, would be competitive;
(ii) legal, economic, governance,
infrastructural, or other barriers limiting
United States trade and investment in the
Western Balkans;
(iii) the effectiveness of existing
regional cooperation initiatives, such as the
Open Balkan initiative and the Western Balkans
Common Regional Market; and
(iv) ways to increase United States trade
and investment in the Western Balkans;
(D) develops human and institutional capacity and
infrastructure across multiple sectors of economies,
including clean energy, energy efficiency, agriculture,
small and medium-sized enterprise development, health,
and cyber security;
(E) assists with the development and implementation
of regional and international trade agreements;
(F) supports women-owned enterprises and gender
equality;
(G) promotes government and civil society policies
and programs that combat corruption and encourage
transparency, free and fair competition, sound
governance, judicial reform, environmental protection,
and business environments conducive to sustainable and
inclusive economic growth; and
(H) includes a public diplomacy strategy that
describes the actions that will be taken by relevant
agencies to ensure that populations in the Western
Balkans are aware of the development activities of the
United States Government.
(3) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall provide a
briefing to the appropriate congressional committees that
describes the progress made towards developing the strategy
required under paragraph (2).
(c) Regional Trade and Development Initiative.--
(1) Authorization.--The Secretary of State and the
Administrator of the United States Agency for International
Development, in coordination with the Chief Executive Officer
of the United States International Development Finance
Corporation and the Secretary of Commerce, shall coordinate a
regional trade and development initiative for the region
comprised of each Western Balkans country and any European
Union member country that shares a border with a Western
Balkans country (referred to in this subsection as the
``Western Balkans region'') in accordance with this subsection.
(2) Initiative elements.--The initiative authorized under
paragraph (1) shall--
(A) promote private sector growth and
competitiveness and increase the capacity of
businesses, particularly small and medium-sized
enterprises, in the Western Balkans region;
(B) seek to increase intraregional exports to
countries in the Balkans and European Union member
states;
(C) advance opportunities to increase United States
exports to, and investments in, countries in the
Balkans;
(D) support startup companies in the Western
Balkans region by--
(i) providing training in business skills
and leadership;
(ii) providing opportunities to connect to
sources of capital; and
(iii) encouraging startup companies that
are led by youth or women;
(E) encourage and promote inward and outward trade
and investment through engagement with the Western
Balkans diaspora community in the United States and
abroad;
(F) provide assistance to the governments and civil
society organizations of Western Balkans countries,
through an inclusive process incorporating the input of
local private sector and civil society stakeholders, to
develop--
(i) regulations to ensure fair,
transparent, and effective investment; and
(ii) economic security policies, such as
foreign direct investment screening mechanisms
and anti-coercion initiatives, to identify and
counter corrosive and malign investments and
use of economic coercion by foreign countries
potentially in the areas of critical
infrastructure, critical technologies, dual use
items, media, supply of critical inputs, and
access to sensitive information and data;
(G) review existing assistance programming relating
to the Western Balkans across Federal agencies--
(i) to eliminate duplication; and
(ii) to identify areas of coordination
within the Western Balkans region;
(H) identify areas where application of additional
resources could expand successful programs to 1 or more
countries in the Western Balkans region by building on
the existing experience and program architecture;
(I) compare existing single-country sector analyses
to determine areas of focus that would benefit from a
regional approach with respect to the Western Balkans
region; and
(J) promote intraregional trade throughout the
Western Balkans region through--
(i) programming, including grants,
cooperative agreements, and other forms of
assistance;
(ii) expanding awareness of the
availability of loans and other financial
instruments from the United States Government,
including from the United States International
Development Finance Corporation and the Export-
Import Bank of the United States; and
(iii) coordinating access to existing trade
instruments available through allies and
partners in the Western Balkans region,
including the European Union and international
financial institutions.
(3) Support for regional infrastructure projects.--The
initiative authorized under paragraph (1), consistent with the
BUILD Act of 2018 (division F of Public Law 115-254) and the
European Energy Security and Diversification Act of 2019 (title
XX of division P of Public Law 116-94), should facilitate and
prioritize support for regional infrastructure projects,
including--
(A) transportation projects that build roads,
bridges, railways and other physical infrastructure to
facilitate travel of goods and people throughout the
Western Balkans region, particularly international
travel;
(B) technical support and investments needed to
meet United States and European Union standards for air
travel, including screening and information sharing;
(C) the development of telecommunications networks
from trusted providers;
(D) infrastructure projects that connect Western
Balkan countries to each other and to countries with
which they share a border;
(E) the effective analysis of tenders and
transparent procurement processes;
(F) investment transparency programs that will help
countries in the Western Balkans analyze gaps and
establish institutional and regulatory reforms
necessary--
(i) to create an enabling environment for
trade and investment; and
(ii) to strengthen protections against
suspect investments through public procurement
and privatization and through foreign direct
investments;
(G) sharing best practices learned from the United
States and other international partners to ensure that
institutional and regulatory mechanisms for addressing
these issues are fair, nonarbitrary, effective, and
free from corruption;
(H) projects that reduce reliance on fossil fuels
and facilitate the transition to clean sources of
energy;
(I) technical assistance and generating private
investment in projects that promote connectivity and
energy-sharing in the Western Balkans region;
(J) technical assistance to support regional
collaboration on environmental protection that includes
governmental, political, civic, and business
stakeholders; and
(K) technical assistance to develop financing
options and help create linkages with potential
financing institutions and investors.
(4) Loans.--
(A) In general.--Amounts appropriated under the
headings economic support fund and assistance for
europe, eurasia and central asia in any Act making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for the costs (as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a)), of
loan guarantees, including the cost of modifying loans
and loan guarantees, for programs, projects, or
activities in any Western Balkans country, which are
authorized to be provided.
(B) Classification of loans and loan guarantees.--
Amounts made available under subparagraph (A) for the
costs of loans and loan guarantees, including the cost
of modifying loans and loan guarantees, shall not be
considered assistance for the purposes of any
provisions of law limiting assistance to a country.
(C) Consultation and notification.--Amounts made
available under this subsection shall be subject to--
(i) prior consultation with the appropriate
congressional committees; and
(ii) the regular notification procedures of
the Committee on Appropriations of the Senate
and the Committee on Appropriations of the
House of Representatives.
(5) Requirements.--All programming under the initiative
authorized under paragraph (1) shall--
(A) be open to the participation of each Western
Balkan country;
(B) be consistent with European Union accession
requirements;
(C) be focused on retaining talent within the
Western Balkans;
(D) promote government policies in Western Balkan
countries that encourage free and fair competition,
sound governance, environmental protection, and
business environments that are conducive to sustainable
and inclusive economic growth;
(E) include gender analysis and efforts to promote
gender equity;
(F) include a public diplomacy strategy to inform
local and regional audiences in the Western Balkans
region about the initiative, including specific
programs and projects; and
(G) support the Western Balkans countries in
meeting international commitments agreed to by the
European Union on clean energy and energy security
goals.
(d) United States International Development Finance Corporation.--
(1) Appointments.--Not later than 1 year after the date of
the enactment of this Act, subject to the availability of
appropriations, the Chief Executive Officer of the United
States International Development Finance Corporation, in
collaboration with the Secretary of State, should take steps to
ensure that--
(A) a regional office of the United States
International Development Finance Corporation with
responsibilities for the Western Balkans is established
and operational in the Western Balkans region; and
(B) sufficient full-time employees of the United
States International Development Finance Corporation,
including at least 1 permanent hire from the United
States, are stationed in the regional office to serve
United States interests in the Western Balkans.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Chief Executive Officer of the
United States International Development Finance Corporation
shall submit a report to the appropriate congressional
committees that includes--
(A) a summary of the steps that have been taken to
fulfill the requirements under paragraph (1);
(B) an account of any additional resources and
authorities needed to complete the requirements under
paragraph (1); and
(C) a description of the initial outreach plan for
the new regional office of the United States
International Development Finance Corporation.
(3) Joint report.--Not later than 180 days after the date
of the enactment of this Act, the Chief Executive Officer of
the United States International Development Finance
Corporation, the Secretary of State, and the Administrator of
the United States Agency for International Development shall
submit a joint report to the appropriate congressional
committees that includes--
(A) an assessment of the benefits of providing
sovereign loan guarantees to countries in the Western
Balkans to support infrastructure and energy
diversification projects;
(B) an outline of additional resources, such as
tools, funding, and personnel, which may be required to
offer sovereign loan guarantees; and
(C) an assessment of how the United States
International Development Finance Corporation can
deploy its insurance products in support of bonds or
other instruments issued to raise capital through
United States financial markets.
SEC. 8. COUNTERING MALIGN INFLUENCE AND PROMOTING CROSS-CULTURAL
ENGAGEMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) promoting university partnerships in the Western
Balkans, particularly in traditionally under-served
communities, advances United States foreign policy goals and
requires a whole of government approach, including the
utilization of public-private partnerships;
(2) such university partnerships would provide
opportunities for exchanging academic ideas, technical
expertise, research, and cultural understanding for the benefit
of the United States; and
(3) the 6 countries in the Western Balkans meet the
requirements under section 105(c)(4) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151c(c)(4)).
(b) University Partnerships.--The President, working through the
Secretary of State, is authorized to provide assistance, consistent
with section 105 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151c), to promote the establishment of university partnerships between
the United States and the Western Balkans, including--
(1) supporting research and analysis on foreign policy,
cyber resilience, economic resilience, and disinformation;
(2) working with partner governments to reform policies,
improve curricula, strengthen data systems, train teachers, and
provide quality, inclusive learning materials;
(3) providing individuals, particularly at-risk youth,
women, people with disabilities, and other vulnerable,
marginalized, or underserved communities, with relevant
education, training, and skills for meaningful employment;
(4) removing barriers to entering formal education for out-
of-school individuals, assisting such individuals to stay in
school, and providing an opportunity for any individuals left
behind to catch up on schooling;
(5) promoting teaching and research exchanges between
institutions of higher education in the Western Balkans and in
the United States; and
(6) encouraging alliances and exchanges with like-minded
institutions of education within the Western Balkans and the
larger European continent.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2024 through 2028 to carry out this section.
SEC. 9. PEACE CORPS IN THE WESTERN BALKANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Peace Corps should be reinstated in the Western
Balkans by reopening Peace Corps programs in as many Western
Balkans countries as safely possible, including where the Peace
Corps had previously operated, or has suspended operations due
to the COVID-19 pandemic;
(2) the Peace Corps should reopen its programs in as many
of the Western Balkans countries as possible, including where
the Peace Corps operated previously, but later suspended
operations; and
(3) the Peace Corps, whose mission is to promote world
peace and friendship, in part by helping the people of
interested countries in meeting their need for trained men and
women, provides an invaluable opportunity to connect the people
of the United States with the people of the Western Balkans.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Peace Corps shall submit a
report to the appropriate congressional committees that includes--
(1) an analysis of current opportunities for Peace Corps
expansion in the Western Balkans region; and
(2) a plan and timeline for implementing the outcomes
described in subsection (a) to facilitate expansion of Peace
Corps presence in the Western Balkans region, as appropriate.
SEC. 10. BALKANS YOUTH LEADERSHIP INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that regular
people-to-people exchange programs that bring religious leaders,
journalists, civil society members, politicians, and other individuals
from the Western Balkans to the United States will strengthen existing
relationships and advance United States interests and shared values in
the Western Balkans region.
(b) Authorization.--The Secretary of State shall further develop
and implement a program, which shall be known as the ``Balkans Youth
Leadership Initiative'' (referred to in this section as ``BOLD'') that
promotes educational and professional development for young adult
leaders and professionals in the Western Balkans who have demonstrated
a passion to contribute to the continued development of the Western
Balkans region.
(c) Conduct of Initiative.--The goals of BOLD shall be--
(1) to build the capacity of young Balkan leaders in the
Western Balkans in the areas of business and information
technology, cyber security and digitization, agriculture, civic
engagement, and public administration;
(2) to support young Balkan leaders by offering
professional development, training, and networking
opportunities, particularly in the areas of leadership,
innovation, civic engagement, elections, human rights,
entrepreneurship, good governance, and public administration;
(3) to support young political, parliamentary, and civic
Balkan leaders in collaboration on regional initiatives related
to good governance, environmental protection, government
ethics, and minority inclusion; and
(4) to provide increased economic and technical assistance
to young Balkan leaders to promote economic growth and
strengthen ties between businesses in the United States and in
the Western Balkans.
(d) Fellowships.--Under BOLD, the Secretary of State shall award
fellowships to young leaders from the Western Balkans who--
(1) are between 25 and 35 years of age;
(2) have demonstrated strong capabilities in
entrepreneurship, innovation, public service, and leadership;
(3) have had a positive impact in their communities,
organizations, or institutions, including by promoting cross-
regional and multiethnic cooperation; and
(4) represent a cross-section of gender, regional, and
ethnic diversity.
(e) Public Engagement Center.--Under BOLD, the Secretary of State
may seek to procure space, hire staff, and develop programming for the
establishment of a flagship public engagement and leadership center in
the Western Balkans that seeks--
(1) to counter disinformation and malign influence;
(2) to promote cross-cultural engagement;
(3) to provide training for young leaders from the Western
Balkans described in subsection (d); and
(4) to harmonize the efforts of existing venues throughout
the Western Balkans established by the Office of American
Spaces.
(f) Briefing on Certain Exchange Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, acting
through the Assistant Secretary of State for Educational and
Cultural Affairs, shall provide a briefing to the appropriate
congressional committees that describes the status of exchange
programs involving the Western Balkans region.
(2) Elements.--The briefing required under paragraph (1)
shall--
(A) assess the factors constraining the number and
frequency of participants from Western Balkans
countries in the International Visitor Leadership
Program of the Department of State;
(B) identify the resources that are necessary to
address the factors described in subparagraph (A); and
(C) describe a strategy for connecting alumni and
participants of professional development exchange
programs of the Department of State in the Western
Balkans with alumni and participants from other
countries in Europe, to enhance inter-region and intra-
region people-to-people ties.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2024 through 2028 to carry out this section.
SEC. 11. SUPPORTING CYBERSECURITY AND CYBER RESILIENCE IN THE WESTERN
BALKANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) United States support for cyber security, cyber
resilience, and secure ICT infrastructure in Western Balkans
countries will strengthen the region's ability to defend itself
from and respond to malicious cyber activity conducted by
nonstate actors and foreign actors, including foreign
governments that seek to influence the region;
(2) insecure ICT networks that are vulnerable to
manipulation can increase opportunities for--
(A) the spread of disinformation; and
(B) disrupting or disabling critical
infrastructure, including energy, telecommunications,
water, health, finance, and other infrastructure that
provides essential services to citizens;
(3) the spread of disinformation is a transnational threat;
and
(4) it is in the national security interest of the United
States to support the cyber security and cyber resilience of
Western Balkans countries.
(b) Report on Digital Ecosystems.--Not later than 1 year after the
date of the enactment of this Act, the Administrator of the United
States Agency for International Development shall submit to the
appropriate congressional committees a Digital Ecosystem Country
Assessment for each Western Balkans country that did not undergo a
Digital Ecosystem Country Assessment before the date of the enactment
of this Act.
(c) Interagency Report on Cyber Security and Cyber Resilience in
Western Balkans Countries.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, the Secretary of Homeland Security, and other
relevant Federal Government agencies, shall submit a report to the
appropriate congressional committees that contains--
(1) an overview of interagency efforts to strengthen cyber
security and cyber resilience efforts in Western Balkans
countries;
(2) a strategy to better strengthen the cyber security and
cyber resilience of each Western Balkans country;
(3) a review of existing United States Government cyber
security initiatives that--
(A) counter disinformation in Western Balkans
countries;
(B) strengthen ICT infrastructure and cyber
security capacity in the Western Balkans; and
(C) support democracy and internet freedom in
Western Balkans countries;
(4) an assessment of cyber threat information sharing
between the United States and Western Balkans countries;
(5) an assessment of options for the United States to
better support cyber security and cyber resilience in Western
Balkans countries, including the posting of cyber professionals
to United States diplomatic posts in Western Balkans countries
and providing relevant training, such as technical capacity
building and response and recovery efforts to Foreign Service
Officers; and
(6) a determination of United States additional support
needed for the cyber security and cyber resilience Albania,
Montenegro, North Macedonia, and Croatia, which are NATO
allies.
SEC. 12. SENSE OF CONGRESS REGARDING AN INTERIM AGREEMENT.
It is the sense of Congress that--
(1) the Agreement on the Path to Normalization of
Relations, which was agreed to by Kosovo and Serbia on February
27, 2023, with the facilitation of the European Union, is a
positive step forward in advancing normalization between the 2
countries;
(2) Serbia and Kosovo should seek to make immediate
progress on the Implementation Annex to the agreement referred
to in paragraph (1);
(3) the Department of State shall provide to the
appropriate congressional committees an evaluation of each
country's progress on the Implementation Annex referred to in
paragraph (2);
(4) the United States should not consider advancing the
initiatives referred to in this Act to such country until
sufficient progress has been made on the Implementation Annex;
(5) once sufficient progress has been made on the
Implementation Annex, the United States should consider
advancing additional initiatives to strengthen bilateral
relations with both countries, which could include--
(A) establishing bilateral strategic dialogues; and
(B) advancing concrete initiatives to deepen trade
and investment with both countries; and
(6) the United States should continue to support a
comprehensive final agreement between Kosovo and Serbia based
on mutual recognition.
SEC. 13. SUNSET.
Sections 5 and 6 of this Act shall cease to be effective on the
date that is 10 years after the date of the enactment of this Act.
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118S1652 | SAVE Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1652 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1652
To amend the Agricultural Trade Act of 1978 to preserve foreign markets
for goods using common names, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Thune (for himself, Ms. Baldwin, Mr. Marshall, and 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 Agricultural Trade Act of 1978 to preserve foreign markets
for goods using common names, and for other purposes.
Be it enacted by the Senate 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 American Value-added
Exports Act of 2023'' or the ``SAVE Act of 2023''.
SEC. 2. PRESERVING FOREIGN MARKETS FOR GOODS USING COMMON NAMES.
(a) Definitions.--Section 102 of the Agricultural Trade Act of 1978
(7 U.S.C. 5602) is amended--
(1) in the matter preceding paragraph (1), by striking ``As
used in this Act--'' and inserting ``In this Act:'';
(2) by redesignating paragraphs (2) through (8) as
paragraphs (3), (5), (6), (7), (8), (9), and (4), respectively,
and reordering accordingly;
(3) by inserting after paragraph (1) the following:
``(2) Common name.--
``(A) In general.--The term `common name' means a
name that, as determined by the Secretary--
``(i) is ordinarily or customarily used for
an agricultural commodity or food product;
``(ii) is typically placed on the packaging
and product label of the agricultural commodity
or food product;
``(iii) with respect to wine--
``(I) is--
``(aa) ordinarily or
customarily used for a wine
grape varietal name; or
``(bb) a traditional term
or expression that is typically
placed on the packaging and
label of the wine; and
``(II) does not mean any
appellation of origin for wine listed
in subpart C of part 9 of title 27,
Code of Federal Regulations (or
successor regulations); and
``(iv) the use of which is consistent with
standards of the Codex Alimentarius Commission.
``(B) Considerations.--In making a determination
under subparagraph (A), the Secretary may take into
account--
``(i) competent sources, such as
dictionaries, newspapers, professional journals
and literature, and information posted on
websites that are determined by the Secretary
to be reliable in reporting market information;
``(ii) the use of the common name in a
domestic, regional, or international product
standard, including a standard promulgated by
the Codex Alimentarius Commission, for the
agricultural commodity or food product; and
``(iii) the ordinary and customary use of
the common name in the production or marketing
of the agricultural commodity or food product
in the United States or in other countries.'';
and
(4) in paragraph (7) (as so redesignated), in subparagraph
(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(vii) prohibits or disallows the use of
the common name of an agricultural commodity or
food product of the United States.''.
(b) Negotiations To Defend Use of Common Names.--Title III of the
Agricultural Trade Act of 1978 (7 U.S.C. 5652 et seq.) is amended by
adding at the end the following:
``SEC. 303. NEGOTIATIONS TO DEFEND THE USE OF COMMON NAMES.
``(a) In General.--The Secretary shall coordinate efforts with the
United States Trade Representative to secure the right of United States
agricultural producers, processors, and exporters to use common names
for agricultural commodities or food products in foreign markets
through the negotiation of bilateral, plurilateral, or multilateral
agreements, memoranda of understanding, or exchanges of letters that
assure the current and future use of each common name identified by the
Secretary in connection with United States agricultural commodities or
food products.
``(b) Report.--The Secretary and the United States Trade
Representative shall submit to Congress a report every 2 years
regarding efforts and successes in carrying out subsection (a).''.
<all>
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118S1653 | Prevent BLEEDing Act | [
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
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] | <p><strong>Prevent Blood Loss with Emergency Equipment Devices Act or the Prevent BLEEDing Act</strong></p> <p>This bill establishes grants to make available anti-blood loss supplies (e.g., tourniquets, wound-packing materials, and gloves) in high-traffic and other specified areas for use in medical emergencies. The Office of the Assistant Secretary for Preparedness and Response within the Department of Health and Human Services must award the grants to state, tribal, and local governments.</p> <p>Additionally, the Government Accountability Office must study trends in accessing bleeding control kits and training in their use.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1653 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1653
To amend the Public Health Service Act to establish a program to award
grants to State, local, and Tribal governments to purchase and
distribute anti-blood loss supplies for use in a medical emergency, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Menendez (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 amend the Public Health Service Act to establish a program to award
grants to State, local, and Tribal governments to purchase and
distribute anti-blood loss supplies for use in a medical emergency, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Blood Loss with Emergency
Equipment Devices Act'' or the ``Prevent BLEEDing Act''.
SEC. 2. GRANTS TO DISTRIBUTE ANTI-BLOOD LOSS SUPPLIES FOR USE IN A
MEDICAL EMERGENCY.
Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.) is amended by adding at the end the following:
``SEC. 1255. GRANTS TO DISTRIBUTE ANTI-BLOOD LOSS SUPPLIES FOR USE IN A
MEDICAL EMERGENCY.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Preparedness and Response, shall establish a program to
award grants to State, local, and Tribal governments to--
``(1) purchase and distribute anti-blood loss supplies for
use in a medical emergency--
``(A) in high-traffic and high-density areas; or
``(B) areas adjacent to an automated external
defibrillator; and
``(2) implement appropriate training courses in the proper
use of anti-blood loss supplies to enhance public safety.
``(b) Eligibility.--To be eligible to receive a grant under this
section, a State, local, or Tribal government shall prepare and submit
to the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including--
``(1) a description of the areas the State, local, or
Tribal government intends to place such anti-blood loss
supplies for use in a medical emergency; and
``(2) an agreement to consult with appropriate public and
private entities.
``(c) Consideration.--In awarding grants under this section, the
Secretary may not consider--
``(1) the population of the area served by a State, local,
or Tribal government; or
``(2) the rate of violent crime in an area served by a
State, local, or Tribal government.
``(d) Apportionment.--Of the amounts appropriated under subsection
(f) to carry out this section, the Secretary shall, for each fiscal
year, apportion such amounts based on the population of the area served
by a State, local, or Tribal government receiving grant funds.
``(e) Anti-Blood Loss Supplies.--In this section, the term `anti-
blood loss supplies' includes tourniquets, gauze, wound-packing
materials, hemostatic dressings, gloves, markers, and other similar
supplies.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2024, to remain available until expended.''.
SEC. 3. STUDY ON TRENDS IN ACCESS TO AND UTILIZATION OF BLEEDING
CONTROL KITS AND TRAINING.
(a) In General.--The Comptroller General of the United States shall
conduct a study on trends regarding access to and utilization of
bleeding control kits and training.
(b) Report.--
(1) Submission.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall complete
the study under subsection (a) and submit to the Congress a
report on the results of such study.
(2) Contents.--The report under paragraph (1) shall
disaggregate by State and geographic area (including across
rural, urban, and suburban areas) findings on trends in access
to and utilization of bleeding control kits and training.
<all>
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118S1654 | Credit Access and Inclusion Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1654 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1654
To amend the Fair Credit Reporting Act to clarify Federal law with
respect to reporting certain positive consumer credit information to
consumer reporting agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Scott of South Carolina (for himself, Mr. Manchin, Mr. Rounds, Ms.
Lummis, Mrs. Britt, Mr. Cotton, and Mr. King) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to clarify Federal law with
respect to reporting certain positive consumer credit information to
consumer reporting 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 ``Credit Access and Inclusion Act of
2023''.
SEC. 2. POSITIVE CREDIT REPORTING PERMITTED.
(a) In General.--Section 623 of the Fair Credit Reporting Act (15
U.S.C. 1681s-2) is amended by adding at the end the following:
``(f) Full-File Credit Reporting.--
``(1) Definitions.--In this subsection:
``(A) Energy utility firm.--The term `energy
utility firm' means an entity that provides gas or
electric utility services to the public.
``(B) Utility or telecommunication firm.--The term
`utility or telecommunication firm' means an entity
that provides utility services to the public through
pipe, wire, landline, wireless, cable, or other
connected facilities, or radio, electronic, or similar
transmission (including the extension of such
facilities).
``(2) Information relating to lease agreements, utilities,
and telecommunications services.--Subject to the limitation in
paragraph (3), and notwithstanding any other provision of law,
a person or the Secretary of Housing and Urban Development may
furnish to a consumer reporting agency information relating to
the performance of a consumer in making payments--
``(A) under a lease agreement with respect to a
dwelling, including such a lease in which the
Department of Housing and Urban Development provides
subsidized payments for occupancy in a dwelling; or
``(B) pursuant to a contract for a utility or
telecommunications service.
``(3) Limitation.--Information about the usage by a
consumer of any utility service provided by a utility or
telecommunication firm may be furnished to a consumer reporting
agency only to the extent that the information relates to the
payment by the consumer for the service of the utility or
telecommunication service or other terms of the provision of
the services to the consumer, including any deposit, discount,
or conditions for interruption or termination of the service.
``(4) Payment plan.--An energy utility firm may not report
payment information to a consumer reporting agency with respect
to an outstanding balance of a consumer as late if--
``(A) the energy utility firm and the consumer have
entered into a payment plan (including a deferred
payment agreement, an arrearage management program, or
a debt forgiveness program) with respect to such
outstanding balance; and
``(B) the consumer is meeting the obligations of
the payment plan, as determined by the energy utility
firm.''.
(b) Limitation on Liability.--Section 623(c) of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2(c)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) subsection (f) of this section, including any
regulations issued thereunder; or''.
(c) GAO Study and Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the impact that furnishing
information pursuant to subsection (f) of section 623 of the Fair
Credit Reporting Act (15 U.S.C. 1681s-2), as added by subsection (a) of
this section, has had on consumers.
<all>
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118S1656 | My Body, My Data Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1656 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1656
To protect the privacy of personal reproductive or sexual health
information, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Hirono (for herself, Mr. Wyden, Ms. Baldwin, Mr. Blumenthal, Mr.
Brown, Ms. Cantwell, Ms. Duckworth, Mrs. Gillibrand, Ms. Klobuchar, Mr.
Merkley, Mr. Menendez, Mrs. Shaheen, and Ms. Smith) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To protect the privacy of personal reproductive or sexual health
information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``My Body, My Data Act of 2023''.
SEC. 2. MINIMIZATION.
(a) Minimization of Collecting, Retaining, Using, and Disclosing.--
A regulated entity may not collect, retain, use, or disclose personal
reproductive or sexual health information, except as is strictly
necessary to provide a product or service that the individual to whom
such information relates has requested from such regulated entity.
(b) Minimization of Employee Access.--A regulated entity shall
restrict access to personal reproductive or sexual health information
by the employees or service providers of such regulated entity to such
employees or service providers for which access is necessary to provide
a product or service that the individual to whom such information
relates has requested from such regulated entity.
SEC. 3. RIGHT OF ACCESS, CORRECTION, AND DELETION.
(a) Right of Access.--
(1) In general.--A regulated entity shall make available a
reasonable mechanism by which an individual, upon a verified
request, may access--
(A) any personal reproductive or sexual health
information relating to such individual that is
retained by such regulated entity, including--
(i) in the case of such information that
such regulated entity collected from third
parties, how and from which specific third
parties such regulated entity collected such
information; and
(ii) such information that such regulated
entity inferred about such individual; and
(B) a list of the specific third parties to which
such regulated entity has disclosed any personal
reproductive or sexual health information relating to
such individual.
(2) Format.--A regulated entity shall make the information
described in paragraph (1) available in both a human-readable
format and a structured, interoperable, and machine-readable
format.
(b) Right of Correction.--A regulated entity shall make available a
reasonable mechanism by which an individual, upon a verified request,
may direct the correction of any inaccurate personal reproductive or
sexual health information relating to such individual that is retained
by such regulated entity or the service providers of such regulated
entity, including any such information that such regulated entity
collected from a third party or inferred from other information
retained by such regulated entity.
(c) Right of Deletion.--A regulated entity shall make available a
reasonable mechanism by which an individual, upon a verified request,
may direct the deletion of any personal reproductive or sexual health
information relating to such individual that is retained by such
regulated entity and the service providers of such regulated entity,
including any such information that such regulated entity collected
from a third party or inferred from other information retained by such
regulated entity.
(d) General Provisions.--
(1) Reasonable mechanism defined.--In this section, the
term ``reasonable mechanism'' means, with respect to a
regulated entity and a right under this section, a mechanism
that--
(A) is provided in the primary manner through which
such regulated entity provides the goods or services of
such regulated entity;
(B) is easy to use and prominently available; and
(C) includes an online means of exercising such
right.
(2) Timeline for complying with requests.--A regulated
entity shall comply with a verified request received under this
section without undue delay and not later than 15 days after
the date on which the requesting individual submits the
verified request.
(3) Fees prohibited.--A regulated entity may not charge a
fee to an individual for a request made under this section.
(4) Rules of construction.--Nothing in this section shall
be construed to require a regulated entity to--
(A) take an action that would convert information
that is not personal information into personal
information;
(B) collect or retain personal information that
such regulated entity would otherwise not collect or
retain; or
(C) retain personal information longer than such
regulated entity would otherwise retain such
information.
SEC. 4. PRIVACY POLICY.
(a) Policy Required.--A regulated entity shall maintain a privacy
policy relating to the practices of such regulated entity regarding the
collecting, retaining, using, and disclosing of personal reproductive
or sexual health information.
(b) Publication Required.--A regulated entity shall prominently
publish the privacy policy required by subsection (a) on the website of
such regulated entity.
(c) Contents.--The privacy policy required by subsection (a) shall
be clear and conspicuous and shall contain, at a minimum, the
following:
(1) A description of the practices of the regulated entity
regarding the collecting, retaining, using, and disclosing of
personal reproductive or sexual health information.
(2) A concise statement of the categories of such
information collected, retained, used, or disclosed by the
regulated entity.
(3) A concise statement, for each such category, of the
purposes of such regulated entity for the collecting,
retaining, using, or disclosing of such information.
(4) A list of the specific third parties to which such
regulated entity discloses such information, and a concise
statement of the purposes for which such regulated entity
discloses such information, including how such information may
be used by each such third party.
(5) A list of the specific third parties from which such
regulated entity has collected such information, and a concise
statement of the purposes for which such regulated entity
collects such information.
(6) A concise statement describing the extent to which
individuals may exercise control over the collecting,
retaining, using, and disclosing of personal reproductive or
sexual health information by such regulated entity, the steps
an individual is required to take to implement such controls,
and direct links to such controls.
(7) A concise statement describing the efforts of the
regulated entity to protect personal reproductive or sexual
health information from unauthorized disclosure.
SEC. 5. PROHIBITION AGAINST RETALIATION.
A regulated entity may not retaliate against an individual because
the individual exercises a right of the individual under this Act,
including by--
(1) denying goods or services to the individual;
(2) charging the individual different prices or rates for
goods or services, including by using discounts or other
benefits or imposing penalties;
(3) providing a different level or quality of goods or
services to the individual; or
(4) suggesting that the individual will receive a different
price or rate for goods or services or a different level or
quality of goods or services.
SEC. 6. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--Except as provided in section
7(6)(A)(ii), the Commission shall enforce this Act and the
regulations promulgated under this Act in the same manner, by
the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated into and made a part of this Act, and any
regulated entity that violates this Act or a regulation
promulgated under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the
Federal Trade Commission Act.
(3) Rulemaking authority.--The Commission may promulgate
regulations under section 553 of title 5, United States Code,
to implement this Act.
(b) Enforcement by Individuals.--
(1) In general.--Any individual alleging a violation of
this Act or a regulation promulgated under this Act may bring a
civil action in any court of competent jurisdiction.
(2) Relief.--In a civil action brought under paragraph (1)
in which the plaintiff prevails, the court may award--
(A) an amount not less than $100 and not greater
than $1,000 per violation per day, or actual damages,
whichever is greater;
(B) punitive damages;
(C) reasonable attorney's fees and litigation
costs; and
(D) any other relief, including equitable or
declaratory relief, that the court determines
appropriate.
(3) Injury in fact.--A violation of this Act, or a
regulation promulgated under this Act, with respect to personal
reproductive or sexual health information constitutes a
concrete and particularized injury in fact to the individual to
whom such information relates.
(4) Invalidity of pre-dispute arbitration agreements and
pre-dispute joint action waivers.--
(A) In general.--Notwithstanding any other
provision of law, no pre-dispute arbitration agreement
or pre-dispute joint-action waiver shall be valid or
enforceable with respect to a dispute arising under
this Act.
(B) Applicability.--Any determination as to whether
or how this paragraph applies to any dispute shall be
made by a court, rather than an arbitrator, without
regard to whether such agreement purports to delegate
such determination to an arbitrator.
(C) Definitions.--For purposes of this paragraph:
(i) Pre-dispute arbitration agreement.--The
term ``pre-dispute arbitration agreement''
means any agreement to arbitrate a dispute that
has not arisen at the time of the making of the
agreement.
(ii) Pre-dispute joint-action waiver.--The
term ``pre-dispute joint-action waiver'' means
an agreement that would prohibit a party from
participating in a joint, class, or collective
action in a judicial, arbitral, administrative,
or other forum, concerning a dispute that has
not arisen at the time of the making of the
agreement.
SEC. 7. DEFINITIONS.
In this Act:
(1) Collect.--The term ``collect'' means, with respect to
personal reproductive or sexual health information, for a
regulated entity to obtain such information in any manner.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Disclose.--The term ``disclose'' means, with respect to
personal reproductive or sexual health information, for a
regulated entity to release, transfer, sell, provide access to,
license, or divulge such information in any manner to a third
party or government entity.
(4) Personal information.--The term ``personal
information'' means information that identifies, relates to,
describes, is reasonably capable of being associated with, or
could reasonably be linked, directly or indirectly, with a
particular individual, household, or device.
(5) Personal reproductive or sexual health information.--
The term ``personal reproductive or sexual health information''
means personal information relating to the past, present, or
future reproductive or sexual health of an individual,
including--
(A) efforts to research or obtain reproductive or
sexual health information, services, or supplies,
including location information that might indicate an
attempt to acquire or receive such information,
services, or supplies;
(B) reproductive or sexual health conditions,
status, diseases, or diagnoses, including pregnancy and
pregnancy-related conditions, menstruation, ovulation,
ability to conceive a pregnancy, whether such
individual is sexually active, and whether such
individual is engaging in unprotected sex;
(C) reproductive- and sexual-health-related
surgeries or procedures, including abortion;
(D) use or purchase of contraceptives, medication
abortion, or any other drug, device, or materials
related to reproductive health;
(E) bodily functions, vital signs, measurement, or
symptoms related to menstruation or pregnancy, such as
basal temperature, cramps, bodily discharge, or hormone
levels;
(F) any information about diagnoses or diagnostic
testing, treatment, medications, or the purchase or use
of any product or service relating to the matters
described in subparagraphs (A) through (E); and
(G) any information described in subparagraphs (A)
through (F) that is derived or extrapolated from non-
health information, including proxy, derivative,
inferred, emergent, and algorithmic data.
(6) Regulated entity.--
(A) In general.--The term ``regulated entity''
means any entity (to the extent such entity is engaged
in activities in or affecting commerce (as defined in
section 4 of the Federal Trade Commission Act (15
U.S.C. 44)) that is--
(i) a person, partnership, or corporation
subject to the jurisdiction of the Commission
under section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2)); or
(ii) notwithstanding section 4, 5(a)(2), or
6 of the Federal Trade Commission Act (15
U.S.C. 44; 45(a)(2); 46) or any jurisdictional
limitation of the Commission--
(I) a common carrier subject to the
Communications Act of 1934 (47 U.S.C.
151 et seq.) and all Acts amendatory
thereof and supplementary thereto; or
(II) an organization not organized
to carry on business for its own profit
or that of its members.
(B) Exclusions.--The term ``regulated entity'' does
not include--
(i) an entity that is a covered entity, as
defined in section 160.103 of title 45, Code of
Federal Regulations (or any successor to such
regulation), to the extent such entity is
acting as a covered entity under the HIPAA
privacy regulations (as defined in section
1180(b)(3) of the Social Security Act (42
U.S.C. 1320d-9(b)(3)));
(ii) an entity that is a business
associate, as defined in section 160.103 of
title 45, Code of Federal Regulations (or any
successor to such regulation), to the extent
such entity is acting as a business associate
under the HIPAA privacy regulations (as defined
in such section 1180(b)(3)); or
(iii) an entity that is subject to
restrictions on disclosure of records under
section 543 of the Public Health Service Act
(42 U.S.C. 290dd-2), to the extent such entity
is acting in a capacity subject to such
restrictions.
(7) Service provider.--
(A) In general.--The term ``service provider''
means a person who--
(i) collects, retains, uses, or discloses
personal reproductive or sexual health
information for the sole purpose of, and only
to the extent that such person is, conducting
business activities on behalf of, for the
benefit of, under instruction of, and under
contractual agreement with a regulated entity
and not any other individual or entity; and
(ii) does not divulge personal reproductive
or sexual health information to any individual
or entity other than such regulated entity or a
contractor to such service provider bound to
information processing terms no less
restrictive than terms to which such service
provider is bound.
(B) Limitation of application.--Such person shall
only be considered a service provider in the course of
activities described in subparagraph (A)(i).
(C) Minimization by service providers.--For
purposes of compliance with section 2 by a service
provider of a regulated entity, a request from an
individual to such regulated entity for a product or
service shall be treated as having also been provided
to such service provider.
(8) Third party.--The term ``third party'' means, with
respect to the disclosing or collecting of personal
reproductive or sexual health information, any person who is
not--
(A) the regulated entity that is disclosing or
collecting such information;
(B) the individual to whom such information
relates; or
(C) a service provider.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit or diminish First
Amendment freedoms guaranteed under the Constitution.
SEC. 9. RELATIONSHIP TO FEDERAL AND STATE LAWS.
(a) Federal Law Preservation.--Nothing in this Act, or a regulation
promulgated under this Act, shall be construed to limit any other
provision of Federal law, except as specifically provided in this Act.
(b) State Law Preservation.--
(1) In general.--Nothing in this Act, or a regulation
promulgated under this Act, shall be construed to preempt,
displace, or supplant any State law, except to the extent that
a provision of State law conflicts with a provision of this
Act, or a regulation promulgated under this Act, and then only
to the extent of the conflict.
(2) Greater protection under state law.--For purposes of
this subsection, a provision of State law does not conflict
with a provision of this Act, or a regulation promulgated under
this Act, if such provision of State law provides greater
privacy protection than the privacy protection provided by such
provision of this Act or such regulation.
SEC. 10. SAVINGS CLAUSE.
Nothing in this Act shall be construed to limit the authority of
the Commission under any other provision of law. Nothing in this Act,
or a regulation promulgated under this Act, shall be construed to
prohibit a regulated entity from disclosing personal reproductive or
sexual health information to the Commission as required by law, in
compliance with a court order, or in compliance with a civil
investigative demand or similar process authorized under law.
SEC. 11. SEVERABILITY CLAUSE.
If any provision of this Act, or the application thereof to any
person or circumstance, is held invalid, the remainder of this Act, and
the application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by the
invalidation.
<all>
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118S1657 | La Paz County Solar Energy and Job Creation Act | [
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1657 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1657
To authorize the Secretary of the Interior to convey certain land to La
Paz County, Arizona, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Sinema introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to convey certain land to La
Paz County, Arizona, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``La Paz County Solar Energy and Job
Creation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means La Paz County,
Arizona.
(2) Federal land.--The term ``Federal land'' means the
approximately 4,800 acres of land managed by the Bureau of Land
Management and designated as ``Federal Land To Be Conveyed'' on
the map.
(3) Map.--The term ``map'' means the map prepared by the
Bureau of Land Management entitled ``La Paz County Land
Conveyance Map'' and dated September 1, 2020.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE TO LA PAZ COUNTY, ARIZONA.
(a) In General.--Notwithstanding the planning requirement of
sections 202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713) and in accordance with this section and
other applicable law, as soon as practicable after receiving a request
from the County to convey the Federal land, the Secretary shall convey
the Federal land to the County.
(b) Restrictions on Conveyance.--
(1) In general.--The conveyance under subsection (a) shall
be subject to--
(A) valid existing rights; and
(B) such terms and conditions as the Secretary
determines to be necessary.
(2) Exclusion.--The Secretary shall exclude from the
conveyance under subsection (a) any Federal land that contains
significant cultural, environmental, wildlife, or recreational
resources.
(c) Payment of Fair Market Value.--The conveyance under subsection
(a) shall be for the fair market value of the Federal land to be
conveyed, as determined--
(1) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(2) based on an appraisal that is conducted in accordance
with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(d) Protection of Tribal Cultural Artifacts.--As a condition of the
conveyance under subsection (a), the County shall, and as a condition
of any subsequent conveyance, any subsequent owner shall--
(1) make good faith efforts to avoid disturbing Tribal
artifacts;
(2) minimize impacts on Tribal artifacts if the artifacts
are disturbed;
(3) coordinate with the Colorado River Indian Tribes Tribal
Historic Preservation Office to identify artifacts of cultural
and historic significance; and
(4) allow Tribal representatives to rebury unearthed
artifacts at or near where the artifacts were discovered.
(e) Availability of Map.--
(1) In general.--The map shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(2) Corrections.--The Secretary and the County may, by
mutual agreement--
(A) make minor boundary adjustments to the Federal
land to be conveyed under subsection (a); and
(B) correct any minor errors in the map, an acreage
estimate, or the description of the Federal land.
(f) Withdrawal.--The Federal land is withdrawn from the operation
of the mining and mineral leasing laws of the United States.
(g) Costs.--As a condition of the conveyance of the Federal land
under subsection (a), the County shall pay--
(1) an amount equal to the appraised value determined in
accordance with subsection (c)(2); and
(2) all costs related to the conveyance, including all
surveys, appraisals, and other administrative costs associated
with the conveyance of the Federal land to the County under
subsection (a).
(h) Proceeds From the Sale of Land.--The proceeds from the sale of
land under this section shall be--
(1) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)); and
(2) used in accordance with that Act (43 U.S.C. 2301 et
seq.).
<all>
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118S1658 | Law Enforcement Officers Parity Act | [
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1658 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1658
To amend title 5, United States Code, to include certain Federal
positions within the definition of law enforcement officer for
retirement purposes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Booker (for himself and Mr. Vance) 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 include certain Federal
positions within the definition of law enforcement officer for
retirement purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Parity
Act''.
SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW
ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT.
(a) Federal Employees Retirement System.--Section 8401(17) of title
5, United States Code, is amended--
(1) in subparagraph (C)--
(A) by striking ``subparagraph (A) and (B)'' and
inserting ``subparagraphs (A), (B), (E), (F), (G), (H),
and (I)''; and
(B) by striking ``and'' at the end; and
(2) by adding at the end the following:
``(E) an employee not otherwise covered by this
paragraph--
``(i) the duties of whose position include
the investigation or apprehension of
individuals suspected or convicted of offenses
against the criminal laws of the United States;
and
``(ii) who is authorized to carry a
firearm;
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the--
``(i) collection of delinquent taxes; and
``(ii) securing of delinquent returns;
``(G) an employee of the United States Postal
Inspection Service;
``(H) an employee of the Department of Veterans
Affairs who is a Department police officer under
section 902 of title 38; and
``(I) an employee of U.S. Customs and Border
Protection--
``(i) who is a seized property specialist
in the GS-1801 job series; and
``(ii) the duties of whose position include
activities relating to the efficient and
effective custody, management, and disposition
of seized and forfeited property;''.
(b) Civil Service Retirement System.--Section 8331(20) of title 5,
United States Code, is amended, in the matter preceding subparagraph
(A)--
(1) by inserting ``and an individual described in any of
subparagraphs (E) through (I) of section 8401(17)'' after
``United States''; and
(2) by striking ``this activity'' and inserting ``such
activity or described in any such subparagraph''.
(c) Application.--The amendments made by this section shall apply
to any--
(1) individual who is appointed as a law enforcement
officer--
(A) as defined in section 8331(20) or 8401(17) of
title 5, United States Code (as amended by this
section); and
(B) on or after the date of enactment of this Act;
and
(2) incumbent (as defined in section 3(a)(4)), consistent
with the requirements of section 3.
SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``employee'' has the meaning given the term in
section 8331(1) or 8401(11) of title 5, United States Code;
(3) the term ``Fund'' means the Civil Service Retirement
and Disability Fund;
(4) the term ``incumbent'' means an individual who--
(A) before the date of enactment of this Act, was
appointed to a position as an employee that--
(i) did not satisfy the requirements of
section 8331(20) or 8401(17) of title 5, United
States Code, as then in effect; and
(ii) would have satisfied the requirements
described in clause (i) if the amendments made
by section 2 had been in effect; and
(B) on the date of enactment of this Act, is
serving in a position as an employee that satisfies the
requirements of section 8331(20) of title 5, United
States Code, by virtue of the amendments made by
section 2;
(5) the term ``law enforcement officer'' has the meaning
given the term in section 8331(20) or 8401(17) of title 5,
United States Code, as amended by section 2;
(6) the term ``prior service'' means, with respect to an
incumbent who makes an election under subsection (b)(2),
service performed by the incumbent before the date on which
appropriate retirement deductions begin to be made under the
election; and
(7) the term ``service'' means service performed by an
individual in a position that--
(A) satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code, as amended
by section 2; or
(B) would have satisfied the requirements of
section 8331(20) or 8401(17) of title 5, United States
Code, as amended by section 2, if the amendments made
by section 2 had then been in effect.
(b) Treatment of Service Performed by Incumbents.--
(1) Service on or after date of enactment.--Service
performed by an incumbent on or after the date of enactment of
this Act shall be treated as service performed as a law
enforcement officer.
(2) Service before date of enactment.--Service performed by
an incumbent before the date of enactment of this Act shall,
for purposes of subchapter III of chapter 83 and chapter 84 of
title 5, United States Code, be treated as service performed as
a law enforcement officer only if the incumbent submits a
written election to the Director by the earlier of--
(A) the date that is 5 years after the date of
enactment of this Act; or
(B) the day before the date on which the incumbent
separates from the service.
(c) Individual Contributions for Prior Service.--
(1) In general.--An incumbent who makes an election under
subsection (b)(2) may, with respect to prior service performed
by the incumbent, pay a deposit into the Fund equal to the sum
of--
(A) the difference between--
(i) the amount that would have been
deducted during the period of prior service
under section 8334 or 8422 of title 5, United
States Code, from the pay of the incumbent if
the amendments made by section 2 had been in
effect during the prior service; and
(ii) the amount that was deducted during
the period of prior service under section 8334
or 8422 of title 5, United States Code; and
(B) interest on the amount described in
subparagraph (A)(i), as computed under--
(i) paragraphs (2) and (3) of section
8334(e) of title 5, United States Code; and
(ii) regulations promulgated by the
Director.
(2) Effect of not contributing.--If an incumbent does not
pay the full amount of the deposit described in paragraph (1)--
(A) all prior service of the incumbent shall remain
fully creditable as a law enforcement officer; and
(B) the resulting annuity shall be reduced--
(i) in a manner similar to that described
in section 8334(d)(2) of title 5, United States
Code; and
(ii) to the extent necessary to make up the
amount unpaid.
(d) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (b)(2), an agency that employed the incumbent during
any prior service of the incumbent shall remit to the Director,
for deposit in the Fund, an amount equal to the sum of--
(A) the difference between--
(i) the total amount of Government
contributions that would have been paid under
section 8334 or 8423 of title 5, United States
Code, if the amendments made by section 2 had
been in effect during the prior service; and
(ii) the total amount of Government
contributions paid under section 8334 or 8423
of title 5, United States Code; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with--
(i) paragraphs (2) and (3) of section
8334(e) of title 5, United States Code; and
(ii) regulations promulgated by the
Director.
(2) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (not less frequently than
annually) over the 10-year period beginning on the date
described in subsection (a)(6).
(e) Exemption From Mandatory Separation.--Notwithstanding section
8335(b) or 8425(b) of title 5, United States Code, a law enforcement
officer shall not be subject to mandatory separation during the 3-year
period beginning on the date of enactment of this Act.
(f) Regulations.--The Director shall prescribe regulations to carry
out this Act, including regulations for the application of this section
in the case of any individual entitled to a survivor annuity (based on
the service of an incumbent who dies before making an election under
subsection (b)(2)), to the extent of any rights that would have been
available to the decedent if still living.
(g) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant.
<all>
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118S1659 | Sustain Regional Air Travel Act | [
[
"F000463",
"Sen. Fischer, Deb [R-NE]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1659 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1659
To require the Comptroller General of the United States to study and
report on the extent and effects of the commercial aviation pilot
shortage on regional/commuter carriers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mrs. Fischer (for herself and Mr. Hickenlooper) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Comptroller General of the United States to study and
report on the extent and effects of the commercial aviation pilot
shortage on regional/commuter carriers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustain Regional Air Travel Act''.
SEC. 2. GAO STUDY AND REPORT ON THE EXTENT AND EFFECTS OF THE
COMMERCIAL AVIATION PILOT SHORTAGE ON REGIONAL/COMMUTER
CARRIERS.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study to identify the extent and effects of the commercial aviation
pilot shortage on regional/commuter carriers (as such term is defined
in section 41719(d) of title 49, United States Code).
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report containing the results of the study conducted under subsection
(a), together with recommendations for such legislation and
administrative action as the Comptroller General determines
appropriate.
<all>
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118S166 | HEALING Mothers and Fathers Act | [
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] | <p><strong>Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act or the HEALING Mothers and Fathers Act<br> </strong><br> This bill revises the family and medical leave entitlement and limits funding to certain family planning programs.<br> <br> Specifically, the bill provides family and medical leave due to the spontaneous loss of an unborn child of an employee or spouse of the employee. It also establishes a tax credit for an individual who experiences, during the taxable year, the stillbirth of a child who would have been a qualifying child of the individual for the taxable year if the child had been born live.<br> <br> The bill further prohibits the Office of Population Affairs within the Department of Health and Human Services from providing federal assistance to voluntary family planning programs that (1) perform abortions, (2) provide funding to another entity that performs abortions, or (3) refer patients to abortion providers.</p> <p><br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 166 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 166
To amend the Family and Medical Leave Act of 1993 to provide leave for
the spontaneous loss of an unborn child, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cotton (for himself, Mr. Boozman, Mr. Budd, Mr. Cramer, Mrs. Hyde-
Smith, Mr. Scott of Florida, Mr. Vance, Mr. Wicker, Mr. Braun, and Mr.
Hoeven) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to provide leave for
the spontaneous loss of an unborn child, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping with Equal Access to Leave
and Investing in Needs for Grieving Mothers and Fathers Act'' or the
``HEALING Mothers and Fathers Act''.
SEC. 2. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN CHILD.
(a) Definition of Spontaneous Loss of an Unborn Child.--Section 101
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)) is
amended--
(1) by redesignating paragraphs (13) through (19) as
paragraphs (14) through (20), respectively;
(2) by inserting after paragraph (12) the following:
``(13) Spontaneous loss of an unborn child.--The term
`spontaneous loss of an unborn child' means the loss of a child
in the womb that does not result from a purposeful act and is
unplanned.''; and
(3) in paragraph (19)(B), as redesignated, by striking
``paragraph (15)(B)'' and inserting ``paragraph (16)(B)''.
(b) Entitlement to Leave.--Section 102(a)(1) of such Act (29 U.S.C.
2612(a)(1)) is amended by adding at the end the following:
``(G) Because of the spontaneous loss of an unborn
child of the employee or spouse of the employee.''.
(c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following:
``Subject to subsection (e)(4) and section 103(g), leave under
subsection (a)(1)(G) may be taken intermittently or on a reduced leave
schedule when medically necessary.''.
(d) Substitution of Paid Leave.--Section 102(d)(2)(B) of such Act
(29 U.S.C. 2612(d)(2)(B)) is amended in the first sentence by striking
``(C) or (D)'' and inserting ``(C), (D), or (G)''.
(e) Notice.--Section 102(c) of such Act (29 U.S.C. 2612(c)) is
amended by adding at the end the following new paragraph:
``(4) Notice for leave due to spontaneous loss of an unborn
child.--For leave under subsection (a)(1)(G), the employee
shall provide such notice to the employer as is reasonable and
practicable.''.
(f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended--
(1) in subsection (c)(1)--
(A) by inserting ``or subsection (g)(1) for leave
under section 102(a)(1)(G)'' after ``section
102(a)(1)''; and
(B) by striking ``under subsection (b) for such
leave'' and inserting ``under subsection (b) for leave
under subparagraph (C) or (D) of section 102(a)(1) or
subsection (g)(2) for leave under section 102(a)(1)(G),
respectively'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or subsection (g)(1)''
after ``under subsection (a)''; and
(ii) by inserting ``or subsection (g)(2),
respectively'' after ``under subsection (b)'';
and
(B) in paragraph (2), by inserting ``or subsection
(g)(2)'' after ``under subsection (b)''; and
(3) by adding at the end the following:
``(g) Certification for Leave Due to Spontaneous Loss of an Unborn
Child.--
``(1) In general.--An employer may require that a request
for leave under section 102(a)(1)(G) be supported by a
certification issued by the health care provider of the
eligible employee or of the spouse of the eligible employee, as
appropriate. The employee shall provide, in a timely manner, a
copy of such certification to the employer.
``(2) Sufficient certification.--Certification provided
under paragraph (1) shall be sufficient if it includes the
information described in paragraphs (1), (2), (3), and (5) of
subsection (b), with respect to spontaneous loss of an unborn
child or bodily side effects of that loss, as appropriate.''.
SEC. 3. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN CHILD, FOR CIVIL
SERVICE EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, is
amended--
(1) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively;
(2) by inserting after paragraph (6) the following:
``(7) the term `spontaneous loss of an unborn child' means
the loss of a child in the womb that does not result from a
purposeful act and is unplanned;''; and
(3) in paragraph (12)(B), as redesignated, by striking
``paragraph (8)(B)'' and inserting ``paragraph (9)(B)''.
(b) Entitlement to Leave.--Section 6382(a)(1) of title 5, United
States Code, is amended by adding at the end the following:
``(F) Because of the spontaneous loss of an unborn child of
the employee or spouse of the employee.''.
(c) Schedule.--Section 6382(b)(1) of title 5, United States Code,
is amended by inserting after the third sentence the following:
``Subject to subsection (e)(4), and section 103(g), leave under
subsection (a)(1)(G) may be taken intermittently or on a reduced leave
schedule when medically necessary.''.
(d) Substitution of Paid Leave.--Section 6382(d)(1) of title 5,
United States Code, is amended in the first sentence by striking ``or
(E)'' and inserting ``(E), or (F)''.
(e) Notice.--Section 6382(e) of title 5, United States Code, is
amended by adding at the end the following:
``(4) For leave under subsection (a)(1)(F), the employee shall
provide such notice to the employing agency as is reasonable and
practicable.''.
(f) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (c)(1)--
(A) by inserting ``or subsection (g)(1) for leave
under section 6382(a)(1)(F)'' after ``section
6382(a)(1)''; and
(B) by striking ``under subsection (b) for such
leave'' and inserting ``under subsection (b) for leave
under subparagraph (C) or (D) of section 6382(a)(1) or
subsection (g)(2) for leave under section
6382(a)(1)(F), respectively'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or subsection (g)(1)''
after ``under subsection (a)''; and
(ii) by inserting ``or subsection (g)(2),
respectively'' after ``under subsection (b)'';
and
(B) in paragraph (2), by inserting ``or subsection
(g)(2)'' after ``under subsection (b)''; and
(3) by adding at the end the following:
``(g)(1) An employing agency may require that a request for leave
under section 6382(a)(1)(F) be supported by a certification issued by
the health care provider of the employee or of the spouse of the
employee, as appropriate. The employee shall provide, in a timely
manner, a copy of such certification to the employing agency.
``(2) Certification provided under paragraph (1) shall be
sufficient if it includes the information described in paragraphs (1),
(2), (3), and (5) of subsection (b), with respect to spontaneous loss
of an unborn child or bodily side effects of that loss, as
appropriate.''.
SEC. 4. REFUNDABLE PERSONAL CREDIT FOR INDIVIDUALS WHO HAVE SUFFERED A
STILLBIRTH.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. STILLBIRTHS.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
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.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount shall be equal to the dollar amount in
effect for such taxable year under subsection (a) of section
24.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who suffered during the taxable year the stillbirth
of a child who would have been a qualifying child of the
taxpayer (within the meaning of section 152) for the taxable
year if such child had been born live, and
``(2) for whom a certificate of birth resulting in
stillbirth has been issued under applicable State law.
``(c) Stillbirth.--For purposes of this section, the term
`stillbirth' means the delivery of a child where there was a
spontaneous death of the child, not induced by any purposeful act,
before the complete delivery from the child's mother.
``(d) Identification Requirement.--
``(1) In general.--No credit shall be allowed under this
section to a taxpayer unless the taxpayer includes the social
security number of such taxpayer on the return of tax for the
taxable year. In the case of a joint return, the requirements
of this subsection shall be treated as met as long as 1 spouse
includes a social security number on the return of tax for the
taxable year.
``(2) Social security number.--For purposes of this
subsection, the term `social security number' means a social
security number issued to an individual by the Social Security
Administration, but only if the social security number is
issued--
``(A) to a citizen of the United States or pursuant
to subclause (I) (or that portion of subclause (III)
that relates to subclause (I)) of section
205(c)(2)(B)(i) of the Social Security Act, and
``(B) before the due date for such return.''.
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 36B the following new
item:
``Sec. 36C. Stillbirths.''.
(c) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(2) 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 the date of the enactment of
this Act.
SEC. 5. PROHIBITION OF FUNDING FAMILY PLANNING PROVIDERS THAT OFFER
ABORTION SERVICES.
Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is
amended by adding at the end the following:
``SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABORTION.
``The Secretary shall not provide any assistance under this title
to an entity unless the entity certifies that, during the period of
such assistance, the entity will not--
``(1) perform an abortion, or provide funding to any other
entity that performs abortions; or
``(2) refer patients to an abortion provider.''.
<all>
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118S1660 | SNAP Education Allocation Modernization Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1660
To amend the Food and Nutrition Act of 2008 to modify the allocation of
funding to States for the nutrition education and obesity prevention
grant program under the supplemental nutrition assistance program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to modify the allocation of
funding to States for the nutrition education and obesity prevention
grant program under the supplemental nutrition assistance 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 ``SNAP Education Allocation
Modernization Act of 2023''.
SEC. 2. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT PROGRAM.
Section 28(d)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(d)(2)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Initial allocation.--Of the funds set aside
under paragraph (1), as determined by the Secretary,
subject to a reallocation under subparagraph (B)--
``(i) for fiscal year 2024--
``(I) 40 percent shall be allocated
to State agencies in direct proportion
to the amount of funding that the State
received for carrying out this section
during fiscal year 2019; and
``(II) 60 percent shall be
allocated to State agencies based on
the respective share of each State of
the number of individuals participating
in the supplemental nutrition
assistance program during the 12-month
period ending the preceding January 31;
``(ii) for fiscal year 2025--
``(I) 30 percent shall be allocated
to State agencies in direct proportion
to the amount of funding that the State
received for carrying out this section
during fiscal year 2019; and
``(II) 70 percent shall be
allocated to State agencies based on
the respective share of each State of
the number of individuals participating
in the supplemental nutrition
assistance program during the 12-month
period ending the preceding January 31;
``(iii) for fiscal year 2026--
``(I) 20 percent shall be allocated
to State agencies in direct proportion
to the amount of funding that the State
received for carrying out this section
during fiscal year 2019; and
``(II) 80 percent shall be
allocated to State agencies based on
the respective share of each State of
the number of individuals participating
in the supplemental nutrition
assistance program during the 12-month
period ending the preceding January 31;
``(iv) for fiscal year 2027--
``(I) 10 percent shall be allocated
to State agencies in direct proportion
to the amount of funding that the State
received for carrying out this section
during fiscal year 2019; and
``(II) 90 percent shall be
allocated to State agencies based on
the respective share of each State of
the number of individuals participating
in the supplemental nutrition
assistance program during the 12-month
period ending the preceding January 31;
and
``(v) for fiscal year 2028 and each fiscal
year thereafter, 100 percent shall be allocated
to State agencies based on the respective share
of each State of the number of individuals
participating in the supplemental nutrition
assistance program during the 12-month period
ending the preceding January 31.''; and
(2) in subparagraph (B)(ii), by striking ``2009'' each
place it appears and inserting ``2019''.
<all>
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118S1662 | Pilot Butte Power Plant Conveyance Act | [
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1662 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1662
To direct the Secretary of the Interior to convey to the Midvale
Irrigation District the Pilot Butte Power Plant in the State of
Wyoming, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Barrasso (for himself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey to the Midvale
Irrigation District the Pilot Butte Power Plant in the State of
Wyoming, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot Butte Power Plant Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entered into under section 3(a).
(2) District.--The term ``District'' means the Midvale
Irrigation District located in Pavillion, Wyoming.
(3) Power plant.--The term ``Power Plant'' means the Pilot
Butte Power Plant and other appurtenant facilities in the State
of Wyoming authorized under the Act of March 2, 1917 (39 Stat.
969, chapter 146), transferred to the jurisdiction of the
Bureau of Reclamation under the Act of June 5, 1920 (41 Stat.
874, chapter 235), and incorporated into the Riverton Unit of
the Pick-Sloan Missouri Basin Program under Public Law 91-409
(84 Stat. 861), including the underlying land.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. AGREEMENT, CONVEYANCE, AND REPORT.
(a) Agreement.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall enter into good faith negotiations
with the District to enter into an agreement to determine the legal,
institutional, and financial terms for the conveyance of the Power
Plant from the Secretary to the District.
(b) Conveyance.--
(1) In general.--In consideration for the District assuming
from the United States all liability for the administration,
operation, maintenance, and replacement of the Power Plant, the
Secretary shall offer to convey and assign to the District all
right, title, and interest of the United States in and to the
Power Plant--
(A) subject to valid leases, permits, rights-of-
way, easements, and other existing rights; and
(B) in accordance with--
(i) the terms and conditions described in
the Agreement; and
(ii) this Act.
(2) Status of land.--Effective on the date of the
conveyance of the Power Plant to the District under paragraph
(1), the Power Plant shall not be considered to be a part of a
Federal reclamation project.
(c) Report.--If the conveyance authorized under subsection (b)(1)
is not completed by the date that is 1 year after the date of enactment
of this Act, 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 that describes--
(1) the status of the conveyance under that subsection;
(2) any obstacles to completing the conveyance under that
subsection; and
(3) an anticipated date for the completion of the
conveyance under that subsection.
SEC. 4. LIABILITY.
(a) Damages.--Except as otherwise provided by law and for damages
caused by acts of negligence committed by the United States or by
employees or agents of the United States, effective on the date of the
conveyance of the Power Plant to the District under section 3(b)(1),
the United States shall not be held liable by any court for damages of
any kind arising out of any act, omission, or occurrence relating to
the Power Plant.
(b) Torts Claims.--Nothing in this section increases the liability
of the United States beyond that provided in chapter 171 of title 28,
United States Code (commonly known as the ``Federal Tort Claims Act'').
SEC. 5. COMPLIANCE WITH OTHER LAWS.
(a) Compliance With Environmental and Historic Preservation Laws.--
Before making the conveyance authorized under section 3(b)(1), the
Secretary shall complete all actions required under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) subtitle III of title 54, United States Code; and
(4) any other applicable laws.
(b) Compliance by the District.--Effective on the date of the
conveyance of the Power Plant to the District under section 3(b)(1),
the District shall comply with all applicable Federal, State, and local
laws (including regulations) with respect to the operation of the Power
Plant.
SEC. 6. PAYMENT OF COSTS.
(a) Administrative Costs.--Administrative costs for the conveyance
of the Power Plant to the District under section 3(b)(1) shall be paid
in equal shares by the Secretary and the District.
(b) Real Estate Transfer Costs.--The costs of all boundary surveys,
title searches, cadastral surveys, appraisals, and other real estate
transactions required for the conveyance of the Power Plant to the
District under section 3(b)(1) shall be paid in equal shares by the
Secretary and the District.
(c) Costs of Compliance With Other Laws.--The costs associated with
any review required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), subtitle III of title 54, United States Code, or any
other applicable laws for conveyance of the Power Plant to the District
under section 3(b)(1) shall be paid in equal shares by the Secretary
and the District.
<all>
</pre></body></html>
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118S1663 | Strengthening Federal Reserve System Accountability Act of 2023 | [
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1663 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1663
To amend the Federal Reserve Act to limit banker representation on
boards of directors of Federal Reserve banks, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Ms. Warren (for herself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Reserve Act to limit banker representation on
boards of directors of Federal Reserve banks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Federal Reserve System
Accountability Act of 2023''.
SEC. 2. BANKER REPRESENTATION ON FEDERAL RESERVE BANK BOARDS.
(a) Class A Directors.--
(1) Eligibility.--The tenth undesignated paragraph of
section 4 of the Federal Reserve Act (12 U.S.C. 302) is
amended--
(A) by inserting ``with $50,000,000,000 or less in
assets'' before the period at the end; and
(B) by inserting ``The Reserve bank, in
consultation with the Board of Governors of the Federal
Reserve System, may remove a Class A director if, after
the director is elected, the assets of the bank of the
director grow rapidly greater than $50,000,000,000. No
individual may serve as a Class A director if the
individual represents a bank that has a CAMELS rating
of 3 or higher or outstanding Matters Requiring
Attention or Matters Requiring Immediate Attention
above the average number for banks of similar size and
complexity.'' after the period at the end.
(2) Nomination and election.--The 16th undesignated
paragraph of section 4 of the Federal Reserve Act (12 U.S.C.
304) is amended--
(A) in the third sentence, by inserting ``with
$50,000,000,000 or less in assets'' after ``member
bank''; and
(B) by striking the first and second sentences.
(b) Election of Class B Directors.--
(1) In general.--The 11th undesignated paragraph of section
4 of the Federal Reserve Act (12 U.S.C. 302) is amended by
striking ``three members,'' and all that follows through the
period at the end and inserting ``6 members who shall be
designated by the Board of Governors of the Federal Reserve
System. They shall be elected to represent the public, without
discrimination on the basis of race, creed, color, sex, or
national origin, and with due but not exclusive consideration
to the interests of agriculture, commerce, industry, services,
labor, and consumers. When the necessary subscriptions to the
capital stock have been obtained for the organization of any
Federal reserve bank, the Board of Governors of the Federal
Reserve System shall appoint the class B directors and shall
designate one of such directors as chairman of the board to be
selected. Pending the designation of such chairman, the
organization committee shall exercise the powers and duties
appertaining to the office of chairman in the organization of
such Federal reserve bank.''.
(2) Technical and conforming amendments.--
(A) The 16th undesignated paragraph of section 4 of
the Federal Reserve Act (12 U.S.C. 304) is amended--
(i) in the first sentence, as redesignated
by subsection (a)(2)(B) of this section, by
striking ``and one candidate for director of
Class B''; and
(ii) in the third sentence, as redesignated
by subsection (a)(2)(B) of this section, by
striking ``and Class B''.
(B) Section 4 of the Federal Reserve Act is
amended--
(i) in the fifth paragraph of the fourth
undesignated paragraph, by striking ``and Class
C'';
(ii) by striking the 12th undesignated
paragraph;
(iii) by striking the 15th undesignated
paragraph (12 U.S.C. 303);
(iv) by striking the 17th undesignated
paragraph (12 U.S.C. 304); and
(v) by striking the 20th undesignated
paragraph.
(c) Financial Institutions Regulated by the Board of Governors.--
Section 4 of the Federal Reserve Act is amended--
(1) in the 14th undesignated paragraph (12 U.S.C. 303), by
striking ``No director of class B shall be an officer,
director, or employee of any bank.'' and inserting ``No
individual who served as an officer, director, or employee of
any bank or other financial institution regulated by the Board
of Governors of the Federal Reserve System during the preceding
5-year period shall serve as a director of class B.''; and
(2) by striking the 15th undesignated paragraph (12 U.S.C.
303).
SEC. 3. RESERVE BANK DIRECTOR RESPONSIBILITIES.
(a) In General.--The eighth undesignated paragraph of section 4 of
the Federal Reserve Act (12 U.S.C. 301) is amended by inserting after
the period at the end of the second sentence the following: ``The board
of directors may not be involved in bank examinations or supervisory
processes, including the selection, appointment, and compensation of
all Federal reserve bank officers whose primary duties involve
supervisory matters, budgetary matters, and any other decisions or
deliberations that pertain to supervisory activities.''.
(b) Term Limits.--The 24th undesignated paragraph of section 4 of
the Federal Reserve Act (12 U.S.C. 308) is amended by inserting ``No
director of a Federal reserve bank may serve more than 2 full terms.''
after the period at the end of the second sentence.
SEC. 4. FEDERAL RESERVE TRANSPARENCY AND INDEPENDENCE.
(a) Director Elections.--
(1) Class a.--The 19th undesignated paragraph of section 4
of the Federal Reserve Act (12 U.S.C. 304) is amended by
inserting ``, which shall be published on the website of each
Federal reserve bank not later than 3 years after such
declaration'' before the period at the end of the fifth
sentence.
(2) Class b.--The 11th undesignated paragraph of section 4
of the Federal Reserve Act (12 U.S.C. 302) is amended by
inserting ``The list of the final 3 candidates considered for
such designation shall be published on the website of the Board
of Governors of the Federal Reserve System not earlier than 3
years after the date of its completion.'' after the period at
the end of the second sentence.
(b) Director and President Selection Input.--Section 4 of the
Federal Reserve Act is amended by inserting after the 20th undesignated
paragraph (12 U.S.C. 305) the following:
``The Federal reserve banks and the Board of Governors of the
Federal Reserve System shall develop processes for allowing public
comment and input for nominating Class A directors and designating
Class B directors, and appointing presidents. Each Federal reserve bank
shall publish a public contact for such nominations, designations, and
appointments. The Board of Governors of the Federal Reserve System
shall disclose any vote or veto by a member of the Board for a Class B
director or a president not later than 3 years after such vote or veto.
The Board of Governors of the Federal Reserve System shall release a
public statement after the date on which a president is selected
describing the involvement of the Board in the selection process.''.
(c) Office Staff for Members of the Board of Governors of the
Federal Reserve System.--Section 11(l) of the Federal Reserve Act (12
U.S.C. 248(l)) is amended by inserting ``Of amounts made available for
staff of the Federal Reserve System, each member of the Board of
Governors may employ not more than 4 individuals for the purpose of
staffing the member's office, with such individuals selected by such
member and the salaries of such individuals set by such member.'' after
the period at the end.
(d) Vote by Board of Governors on Certain Settlements.--Section 10
of the Federal Reserve Act is amended--
(1) by redesignating paragraph (12) (12 U.S.C. 247b) as
paragraph (11); and
(2) by adding at the end the following:
``(12)(A) The Board of Governors of the Federal Reserve
System shall vote, at a properly noticed public meeting of the
Board, on whether to resolve any enforcement action if the
resolution of that action involves the payment of not less than
$5,000,000 in compensation, penalties, or fines, or other
payments.
``(B) The results of the vote of each member of the Board
under subparagraph (A) shall--
``(i) be included at the appropriate place in the
official minutes of the Board; and
``(ii) be made publicly available on the website of
the Board.''.
(e) Term Limits; Review.--The fifth paragraph of the fourth
unenumerated paragraph of section 4 of the Federal Reserve Act (12
U.S.C. 341) is amended by inserting ``A president may continue to serve
after the expiration of the term of office to which the president was
appointed until the earlier of the date on which a successor has been
appointed and qualified, the date on which the next session of Congress
subsequent to the expiration of such term expires, or the date on which
the President of the United States removes the president. No appointed
president shall serve more than a total of 10 years, not including any
such continuation in service. The Board of Governors of the Federal
Reserve System, in consultation with the relevant Reserve bank board of
directors, shall initiate a review of the Reserve bank president and
vice President and the appropriateness of their removal in the event of
a bank failure in the Reserve district. The Board of Governors shall
also publish the results of the review not later than 90 days following
the bank failure.'' after the period at the end of the fourth sentence.
SEC. 5. FEDERAL RESERVE ETHICS.
Section 4 of the Federal Reserve Act, as amended by section 4(b) of
this Act, is amended by adding at the end the following:
``Each director, president, and vice president shall comply with
the same rules for investment and trading activity prescribed by the
Board of Governors of the Federal Reserve System. Each director shall
disclose any financial interest in the same manner as presidents. Each
Federal reserve bank shall publicly disclose and explain any rationale
for waivers granted to directors from conflict of interest rules. The
Comptroller General of the United States shall annually review conflict
of interest rules of the Federal reserve banks and the Board of
Governors of the Federal Reserve System and implementation of and
compliance with such rules.''.
<all>
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118S1668 | Securing the U.S. Organ Procurement and Transplantation Network Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1668 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1668
To improve the Organ Procurement and Transplantation Network, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Wyden (for himself, Mr. Grassley, Mr. Cardin, Mr. Young, Mr.
Cassidy, Ms. Warren, Mr. Moran, 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 improve the Organ Procurement and Transplantation Network, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the U.S. Organ Procurement
and Transplantation Network Act''.
SEC. 2. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.
Section 372 of the Public Health Service Act (42 U.S.C. 274) is
amended--
(1) in subsection (a)--
(A) by striking ``The Secretary shall by contract''
and inserting ``In General--The Secretary shall'';
(B) by striking ``establishment and'' and inserting
``continued''; and
(C) by striking the second and third sentences and
inserting ``The Secretary may award grants, contracts,
or cooperative agreements, as the Secretary determines
appropriate, for purposes of carrying out this
section.''; and
(2) in subsection (b), by striking ``(b)(1) The Organ
Procurement'' and all that follows through the end of
subparagraph (A) of paragraph (1) and inserting the following:
``(b) Composition.--
``(1) In general.--The Organ Procurement and
Transplantation Network shall--
``(A) be operated through awards to public or
private entities made by the Secretary that are
distinct from the awards made to support the
organization tasked with supporting the board of
directors described in subparagraph (B); and''.
SEC. 3. TECHNICAL AMENDMENTS.
Title III of the Public Health Service Act is amended--
(1) in section 371(b)(1)(H)(i)(III) (42 U.S.C.
273(b)(1)(H)(i)(III)), by striking ``histocompatability'' and
inserting ``histocompatibility'';
(2) in section 374(c)(2) (42 U.S.C. 274b(c)(2)), by
striking ``section 371 or 373'' each place it appears and
inserting ``section 371, 372, or 373'';
(3) in section 375 (42 U.S.C. 274c)--
(A) by striking the comma at the end of each of
paragraphs (1) and (2) and inserting a semicolon;
(B) in paragraph (3), by striking ``transplants,
and'' and inserting ``transplants; and''; and
(C) in paragraph (4), by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B), respectively;
and
(4) in section 376 (42 U.S.C. 274d)--
(A) by striking ``February 10 of 1991 and of each
second year thereafter'' and inserting ``2 years after
the date of enactment of the Securing the U.S. Organ
Procurement and Transplantation Network Act and every
second year thereafter''; and
(B) by striking ``Committee on Labor and Human
Resources of the Senate.'' and inserting ``Committee on
Health, Education, Labor, and Pensions of the
Senate,''.
SEC. 4. GAO REVIEW.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) to the extent data are available, conduct a review of
the historical financing of the Organ Procurement and
Transplantation Network described in section 372 of the Public
Health Service Act (42 U.S.C. 274), including the utilization
of registration fees among entities that have previously been
awarded contracts under such section 372; and
(2) submit to the Committee on Health, Education, Labor,
and Pensions and the Committee on Finance of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the review under paragraph (1),
including related recommendations, as applicable.
<all>
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118S167 | No Vaccine Mandates Act of 2023 | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
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]
] | <p><b>No Vaccine Mandates Act of 2023</b></p> <p>This bill creates a federal statutory framework to govern restrictions and requirements related to COVID-19 vaccinations.</p> <p>First, the bill temporarily prohibits (1) requiring an individual to receive a COVID-19 vaccine, or (2) administering a COVID-19 vaccine to a minor or other individual who lacks the capacity to consent without the consent of a parent or guardian. A violation is subject to criminal penalties.</p> <p>Second, the bill requires any person who administers a COVID-19 vaccine to provide a potential recipient with certain information about the risks associated with the vaccine so the potential recipient can make an informed decision. </p> <p>Third, the bill generally prohibits the public disclosure of an individual's COVID-19 vaccination status without express, written consent. A violation is subject to criminal and civil penalties.</p> <p>This bill does not preempt state or local laws that provide greater privacy protection than these provisions. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 167 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 167
To prohibit vaccination mandates for COVID-19.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit vaccination mandates for COVID-19.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Vaccine Mandates Act of 2023''.
SEC. 2. VACCINATIONS.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 117 the following:
``CHAPTER 117A--VACCINATIONS
``Sec. 2431. Vaccinations
``(a) Requirements.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful to--
``(A) require any United States person to receive a
COVID-19 vaccine, whether such vaccine has received an
emergency use authorization pursuant to section 564 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-3), or approval or licensure under section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or section 351 of the Public Health Service Act
(42 U.S.C. 262); or
``(B) vaccinate with a COVID-19 vaccine described
in subparagraph (A)--
``(i) an individual under the age of 18; or
``(ii) an individual that lacks the
capacity to exercise the right to consent to be
vaccinated.
``(2) Exceptions.--Paragraph (1) shall not apply if the
individual, or if the individual is a minor or is otherwise
unable to consent, a parent, guardian, conservator, or
attorney-in-fact of the individual, provides consent to be
vaccinated.
``(3) Sunset.--This subsection is effective beginning on
the date of enactment of this section and ending on the date
that is 5 years after that date.
``(b) Right To Be Informed.--Any person that administers a vaccine
for the coronavirus disease 2019 (COVID-19) shall, consistent with
medical ethics and applicable informed consent laws of the State in
which the vaccine is administered and any applicable Federal
regulations related to informed consent laws, disclose to any
individual, before the vaccine is administered, the risks associated
with the vaccine so that the individual can make an informed decision.
``(c) Protecting Privacy.--
``(1) In general.--Except as provided in subparagraph (B),
it shall be unlawful for any person to publicly disclose
information about the COVID-19 vaccination status of an
individual without the express consent of the individual if the
individual provided the information to the person--
``(A) as an employee in the context of an employer-
employee relationship;
``(B) as an independent contractor where the
vaccination status was provided to the person to whom
the contractor is providing services;
``(C) as a consumer in the context of any consumer
transaction;
``(D) as a patient in order to obtain medical care
or health-related services from any health care
provider; or
``(E) the user of any technology application,
platform, or service.
``(2) Requirements.--For purposes of this subsection, an
individual does not provide express consent to the disclosure
of a COVID-19 vaccination status unless--
``(A) the individual agrees to the circumstances of
disclosure in writing; and
``(B) the agreement is not conditioned on or
contained within any other agreement.
``(3) Exception.--Paragraph (1) shall not apply if the
parent or guardian of the individual provides consent to the
disclosure described in that subparagraph.
``(d) Criminal Penalties.--Whoever knowingly violates subsection
(a) or (c) shall be imprisoned not more than 1 year, fined in
accordance with this title, or both.
``(e) Civil Penalties.--Any person who receives the COVID-19
vaccination status of an individual under circumstances that would
create a reasonable expectation of privacy in that status, including
the circumstances listed in subparagraphs (A) through (E) of subsection
(c)(1), and who either intentionally or negligently discloses that
status to the public without the consent of the individual, shall be
subject to a civil fine not to exceed $25,000 per disclosure or any
actual damages suffered.
``(f) Preemption.--This section does not annul, alter, or affect
any law of any State or local government that provides a greater level
of privacy than the provisions in this section.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 18, United States Code, is amended by inserting after
the item relating to section 117 the following:
``117A. Vaccinations........................................ 2431''.
<all>
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118S1671 | Digital Platform Commission Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1671 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1671
To establish a new Federal body to provide reasonable oversight and
regulation of digital platforms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Bennet (for himself and Mr. Welch) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a new Federal body to provide reasonable oversight and
regulation of digital platforms.
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 ``Digital Platform
Commission 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. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. Establishment of Federal Digital Platform Commission.
Sec. 5. Jurisdiction.
Sec. 6. Organization and general powers.
Sec. 7. Organization and functioning of the Commission.
Sec. 8. Code Council.
Sec. 9. Rulemaking authority, requirements, and considerations.
Sec. 10. Systemically important digital platforms.
Sec. 11. Inter-agency support.
Sec. 12. Petitions.
Sec. 13. Research.
Sec. 14. Investigative authority.
Sec. 15. HSR filings.
Sec. 16. Enforcement by private persons and governmental entities.
Sec. 17. Enforcement by Commission and Department of Justice.
Sec. 18. Proceedings to enjoin, set aside, annul, or suspend orders of
the Commission.
Sec. 19. Report to Congress.
Sec. 20. Authorization of appropriations.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In the United States and around the world, digital
platforms and online services play a central role in modern
life by providing new tools for communication, commerce,
entrepreneurship, and debate.
(2) The United States takes pride in the success of its
technology sector, which leads the world in innovation and
dynamism, provides valuable services to the people of the
United States, and supports thousands of good-paying jobs in
the United States.
(3) In recent years, a few digital platforms have
benefitted from the combination of economies of scale, network
effects, and unique characteristics of the digital marketplace
to achieve vast power over the economy, society, and democracy
of the United States.
(4) The last time Congress enacted legislation to
meaningfully regulate the technology or telecommunications
sector was the Telecommunications Act of 1996 (Public Law 104-
104; 110 Stat 56.), years before many of today's largest
digital platforms even existed.
(5) Digital platforms remain largely unregulated and are
left to write their own rules without meaningful democratic
input or accountability.
(6) The unregulated policies and operations of some of the
most powerful digital platforms have at times produced
demonstrable harm, including--
(A) undercutting small businesses;
(B) abetting the collapse of trusted local
journalism;
(C) enabling addiction and other harms to the
mental health of the people of the United States,
especially minors;
(D) disseminating disinformation and hate speech;
(E) undermining privacy and monetizing the personal
data of individuals in the United States without their
informed consent;
(F) in some cases, radicalizing individuals to
violence; and
(G) perpetuating discriminatory treatment of
communities of color and underserved populations.
(7) The development of increasingly powerful algorithmic
processes for communication, research, content generation, and
decision making, such as generative artificial intelligence,
threatens to magnify the harms identified in paragraph (6)
without mechanisms for proper oversight and regulation to
protect the public interest.
(8) The failure of the United States Government to
establish appropriate regulations for digital platforms cedes
to foreign competitors the historic role played by the United
States in setting reasonable rules of the road and technical
standards for emerging technologies.
(9) Throughout the history of the United States, Congress
has often responded to the emergence of powerful and complex
new sectors of the economy by empowering sector-specific expert
Federal regulators.
(10) Throughout the history of the United States, the
Federal Government has established reasonable regulation,
consistent with the First Amendment to the Constitution of the
United States, to promote a diversity of viewpoints, support
civic engagement, and preserve the right of citizens to
communicate with each other, which is foundational to self-
governance.
(11) The unique power and complexity of several digital
platforms, combined with the absence of modern Federal
regulations, reinforces the need for a new Federal body
equipped with the authorities, tools, and expertise to regulate
digital platforms to ensure their operations remain consistent,
where appropriate, with the public interest.
(b) Sense of Congress.--It is the sense of Congress that the
Federal agency established under this Act should--
(1) develop appropriate regulations and policies grounded
in the common law principles of the duty of care and the duty
to deal, insofar as those principles are relevant and
practical; and
(2) adopt, where relevant and practical, a risk management
regulatory approach that prioritizes anticipating, limiting,
and balancing against other interests the broad economic,
societal, and political risks of harm posed by the activities
and operations of a person or class of persons.
SEC. 3. DEFINITIONS.
In this Act:
(1) Algorithmic process.--The term ``algorithmic process''
means a computational process, including one derived from
machine learning or other artificial intelligence techniques,
that processes personal information or other data for the
purpose of--
(A) making a decision;
(B) generating content; or
(C) determining the order or manner in which a set
of information is provided, recommended to, or withheld
from a user of a digital platform, including--
(i) the provision of commercial content;
(ii) the display of social media posts;
(iii) the display of search results or
rankings; or
(iv) any other method of automated decision
making, content selection, or content
amplification.
(2) Code council; council.--The term ``Code Council'' or
``Council'' means the Code Council established under section
8(a).
(3) Commission.--The term ``Commission'' means the Federal
Digital Platform Commission established under section 4.
(4) Digital platform.--
(A) In general.--The term ``digital platform''
means an online service that serves as an intermediary
facilitating interactions--
(i) between users; and
(ii) between users and--
(I) entities offering goods and
services through the online service; or
(II) the online service with
respect to goods and services offered
directly by the online service,
including content primarily generated
by algorithmic processes.
(B) De minimis exception.--
(i) In general.--Notwithstanding
subparagraph (A)(ii)(II), the term ``digital
platform'' does not include an entity that
offers goods and services to the public online
if the offering of goods and services online is
a de minimis part of the entity's overall
business.
(ii) Online services that do not qualify
for de minimis exception.--Notwithstanding
clause (i), if an online service described in
subparagraph (A)(ii)(II) is owned by an entity
but is offered through an affiliate,
partnership, or joint venture of, or is
otherwise segregable from, the entity--
(I) the online service shall be
considered a digital platform; and
(II) the entity shall not be
considered a digital platform.
(C) Small digital platform businesses.--
(i) In general.--The term ``digital
platform'' does not include a small digital
platform business, except as provided in clause
(iii).
(ii) SBA rulemaking.--Not later than 180
days after the date of enactment of this Act,
the Administrator of the Small Business
Administration shall by regulation define the
term ``small digital platform business'' for
purposes of clause (i).
(iii) Non-applicability to systemically
important digital platforms.--Clause (i) shall
not apply to a systemically important digital
platform.
(D) News organizations.--The term ``digital
platform'' does not include an entity whose primary
purpose is the delivery to the public of news that the
entity writes, edits, and reports.
(5) Immediate family member.--The term ``immediate family
member'', with respect to an individual, means a spouse,
parent, sibling, or child of the individual.
(6) Online service.--The term ``online service'' includes a
consumer-facing website, back-end online-support system, or
other facilitator of online transactions and activities.
(7) Systemically important digital platform.--The term
``systemically important digital platform'' means a digital
platform that the Commission has designated as a systemically
important digital platform under section 10.
SEC. 4. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Federal Digital Platform Commission'', which shall--
(1) be constituted as provided in this Act; and
(2) execute and enforce the provisions of this Act.
(b) Purposes of Commission.--The purpose of the Commission is to
regulate digital platforms, consistent with the public interest,
convenience, and necessity, to promote to all the people of the United
States, so far as possible, the following:
(1) Access to digital platforms for civic engagement and
economic and educational opportunities.
(2) Access to government services and public safety.
(3) Competition to encourage the creation of new online
services and innovation, and to provide to consumers benefits
such as lower prices and better quality of service.
(4) Prevention of harmful levels of concentration of
private power over critical digital infrastructure.
(5) A robust and competitive marketplace of ideas with a
diversity of views at the local, State, and national levels.
(6) Protection for consumers, including those in
communities of color and underserved populations, from
deceptive, unfair, unjust, unreasonable, or abusive practices
committed by digital platforms.
(7) Assurance that the algorithmic processes of digital
platforms are fair, transparent, and safe.
(c) Rule of Construction.--Nothing in this Act, or any amendment
made by this Act, shall be construed to modify, impair, or supersede
the applicability of any antitrust laws.
SEC. 5. JURISDICTION.
(a) Plenary Jurisdiction.--The Commission shall have jurisdiction
over any digital platform, the services of which--
(1) originate or are received within the United States; and
(2) affect interstate or foreign commerce.
(b) Provisions Relative to Systemically Important Digital
Platforms.--Not later than 180 days after the earliest date as of which
not fewer than 3 Commissioners have been confirmed, the Commission
shall determine whether to promulgate rules, with input from the Code
Council as appropriate, to establish for systemically important digital
platforms--
(1) commercial and technical standards for--
(A) data portability; and
(B) interoperability, which shall be defined as the
functionality of information systems to--
(i) exchange data; and
(ii) enable sharing of information;
(2) requirements--
(A) for recommendation systems and other
algorithmic processes of systemically important digital
platforms to ensure that the algorithmic processes are
fair, transparent, and without harmful, abusive,
anticompetitive, or deceptive bias; and
(B) for auditing, accountability, and
explainability of algorithmic processes;
(3) transparency requirements for terms of service,
including content moderation policies;
(4) requirements for regular public risk assessments of the
distribution of harmful content on a systemically important
digital platform and steps the systemically important digital
platform has taken, or plans to take, to mitigate those harms,
including harms arising from algorithmic processes;
(5) transparency and disclosure obligations to enable--
(A) oversight by the Commission;
(B) third-party audits to ensure the accuracy of
any public risk assessments required under paragraph
(4); and
(C) trusted third-party research in the public
interest; and
(6) commercial and technical standards to ensure
accessibility to individuals with a disability, as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102), including to provide the ability for an
individual who has a hearing impairment, speech impairment, or
vision impairment to engage with systemically important digital
platforms in a manner that is functionally equivalent to the
ability of an individual who does not have a hearing
impairment, speech impairment, or vision impairment to engage
with systemically important digital platforms.
(c) Specific Codes and Standards.--
(1) Age-appropriate design code.--
(A) Establishment.--Not later than 180 days after
the earliest date as of which not fewer than 3
Commissioners have been confirmed, the Commission
shall, with input from the Code Council as appropriate,
establish by rule an age-appropriate design code.
(B) Contents.--The age-appropriate design code
established under subparagraph (A) shall include--
(i) requirements governing the design and
data privacy standards for the entities that
the Commission designates as being subject to
the code; and
(ii) prohibited design features and data
practices for the entities described in clause
(i).
(2) Age verification standards.--Not later than 180 days
after the earliest date as of which not fewer than 3
Commissioners have been confirmed, the Commission shall, with
input from the Code Council as appropriate, begin the process
of developing age verification standards.
(3) Procedure.--
(A) Public review; commission examination and
vote.--In establishing an age-appropriate design code
and age verification standards under paragraphs (1) and
(2), the Commission shall first develop a proposed code
and standards, respectively, and comply with the
requirements under paragraph (4) of section 8(e) in the
same manner as with respect to a proposed behavioral
code, technical standard, or other policy submitted to
the Commission by the Code Council under paragraph (3)
of that section.
(B) Updates.--Paragraph (5) of section 8(e) shall
apply to the age-appropriate design code and age
verification standards established under paragraphs (1)
and (2) of this subsection in the same manner as it
applies to a behavioral code, technical standard, or
other policy established by rule under paragraph (4) of
that section.
(d) Forbearance.--
(1) In general.--The Commission may forbear from exercising
jurisdiction over a digital platform or class of digital
platforms based on size, revenue, market share, or other
attributes the Commission determines appropriate.
(2) Flexibility.--The Commission may reassert jurisdiction
over a digital platform or class of digital platform over which
the Commission forbore from exercising jurisdiction under
paragraph (1).
SEC. 6. ORGANIZATION AND GENERAL POWERS.
(a) In General.--The Commission shall be composed of 5
Commissioners appointed by the President, by and with the advice and
consent of the Senate, one of whom the President shall designate as
chair.
(b) Qualifications.--
(1) Citizenship.--Each member of the Commission shall be a
citizen of the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and
(C), no member of the Commission or person employed by
the Commission, and no immediate family member thereof,
shall--
(i) be financially interested in--
(I) any person significantly
regulated by the Commission under this
Act; or
(II) a third party in direct and
substantial competition with a person
described in subclause (I); or
(ii) be employed by, hold any official
relation to, or own any stocks, bonds, or other
securities of, any person or third party
described in clause (i).
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial
interests in any company or other entity that has a
significant interest in activities subject to
regulation by the Commission.
(C) Waiver.--
(i) In general.--Subject to section 208 of
title 18, United States Code, the Commission
may waive, from time to time, the application
of the prohibitions under subparagraph (A) to
persons employed by the Commission, or
immediate family members thereof, if the
Commission determines that the financial
interests of a person that are involved in a
particular case are minimal.
(ii) No waiver for commissioners.--The
waiver authority under clause (i) shall not
apply with respect to members of the
Commission.
(iii) Publication.--If the Commission
exercises the waiver authority under clause
(i), the Commission shall publish notice of
that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a company
or other entity has a significant interest in activities that
are subject to regulation by the Commission, shall consider,
without excluding other relevant factors--
(A) the revenues, investments, profits, and
managerial efforts directed to the related activities
of the company or other entity, as compared to the
other aspects of the business of the company or other
entity;
(B) the extent to which the Commission regulates
and oversees the activities of the company or other
entity;
(C) the degree to which the economic interests of
the company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding
the business activities of the company or other entity.
(4) No other employment.--A member of the Commission may
not engage in any other business, vocation, profession, or
employment while serving as a member of the Commission.
(5) Political parties.--The maximum number of commissioners
who may be members of the same political party shall be a
number equal to the least number of commissioners that
constitutes a majority of the full membership of the
Commission.
(c) Term.--
(1) In general.--A commissioner--
(A) shall be appointed for a term of 5 years; and
(B) may continue to serve after the expiration of
the fixed term of office of the commissioner until a
successor is appointed and has been confirmed and taken
the oath of office.
(2) Filling of vacancies.--Any person chosen to fill a
vacancy in the Commission--
(A) shall be appointed for the unexpired term of
the commissioner that the person succeeds;
(B) except as provided in subparagraph (C), may
continue to serve after the expiration of the fixed
term of office of the commissioner that the person
succeeds until a successor is appointed and has been
confirmed and taken the oath of office; and
(C) may not continue to serve after the expiration
of the session of Congress that begins after the
expiration of the fixed term of office of the
commissioner that the person succeeds.
(3) Effect of vacancy on powers of commission.--Except as
provided in section 9(e) (relating to repeal of prior rules),
no vacancy in the Commission shall impair the right of the
remaining commissioners to exercise all the powers of the
Commission.
(d) Salary of Commissioners.--
(1) In general.--Each Commissioner shall receive an annual
salary at the annual rate payable from time to time for grade
16 of the pay scale of the Securities and Exchange Commission,
payable in monthly installments.
(2) Chair.--The Chair of the Commission, during the period
of service as Chair, shall receive an annual salary at the
annual rate payable from time to time for grade 17 of the pay
scale of the Securities and Exchange Commission.
(e) Principal Office.--
(1) General sessions.--The principal office of the
Commission shall be in the District of Columbia, where its
general sessions shall be held.
(2) Special sessions.--Whenever the convenience of the
public or of the parties may be promoted or delay or expense
prevented thereby, the Commission may hold special sessions in
any part of the United States.
(f) Employees.--
(1) In general.--The Commission may, subject to the civil
service laws and the Classification Act of 1949, as amended,
appoint such officers, engineers, accountants, attorneys,
inspectors, examiners, and other employees as are necessary in
the exercise of its functions.
(2) Assistants.--
(A) Professional assistants; secretary.--Without
regard to the civil-service laws, but subject to the
Classification Act of 1949, each commissioner may
appoint professional assistants and a secretary, each
of whom shall perform such duties as the commissioner
shall direct.
(B) Administrative assistant to chair.--In addition
to the authority under subparagraph (A), the Chair of
the Commission may appoint, without regard to the
civil-service laws, but subject to the Classification
Act of 1949, an administrative assistant who shall
perform such duties as the Chair shall direct.
(3) Use of volunteers to monitor violations relating to
online services.--
(A) Recruitment and training of volunteers.--The
Commission, for purposes of monitoring violations of
any provision of this Act (and of any regulation
prescribed by the Commission under this Act), may--
(i) recruit and train any software
engineer, computer scientist, data scientist,
or other individual with skills or expertise
relevant to the responsibilities of the
Commission; and
(ii) accept and employ the voluntary and
uncompensated services of individuals described
in clause (i).
(B) No limitations on voluntary services.--The
authority of the Commission under subparagraph (A)
shall not be subject to or affected by--
(i) part III of title 5, United States
Code; or
(ii) section 1342 of title 31, United
States Code.
(C) No federal employment.--Any individual who
provides services under this paragraph or who provides
goods in connection with such services shall not be
considered a Federal or special government employee.
(D) Broad representation.--The Commission, in
accepting and employing services of individuals under
subparagraph (A), shall seek to achieve a broad
representation of individuals and organizations.
(E) Rules of conduct.--The Commission may establish
rules of conduct and other regulations governing the
service of individuals under this paragraph.
(F) Regulations for personnel practices.--The
Commission may prescribe regulations to select,
oversee, sanction, and dismiss any individual
authorized under this paragraph to be employed by the
Commission.
(g) Expenditures.--
(1) In general.--The Commission may make such expenditures
(including expenditures for rent and personal services at the
seat of government and elsewhere, for office supplies, online
subscriptions, electronics, law books, periodicals,
subscriptions, and books of reference), as may be necessary for
the execution of the functions vested in the Commission and as
may be appropriated for by Congress in accordance with the
authorizations of appropriations under section 20.
(2) Reimbursement.--All expenditures of the Commission,
including all necessary expenses for transportation incurred by
the commissioners or by their employees, under their orders, in
making any investigation or upon any official business in any
other places than in the city of Washington, shall be allowed
and paid on the presentation of itemized vouchers therefor
approved by the Chair of the Commission or by such other
members or officer thereof as may be designated by the
Commission for that purpose.
(3) Gifts.--
(A) In general.--Notwithstanding any other
provision of law, in furtherance of its functions the
Commission is authorized to accept, hold, administer,
and use unconditional gifts, donations, and bequests of
real, personal, and other property (including voluntary
and uncompensated services, as authorized by section
3109 of title 5, United States Code).
(B) Taxes.--For the purpose of Federal law on
income taxes, estate taxes, and gift taxes, property or
services accepted under the authority of subparagraph
(A) shall be deemed to be a gift, bequest, or devise to
the United States.
(C) Regulations.--
(i) In general.--The Commission shall
promulgate regulations to carry out this
paragraph.
(ii) Conflicts of interest.--The
regulations promulgated under clause (i) shall
include provisions to preclude the acceptance
of any gift, bequest, or donation that would
create a conflict of interest or the appearance
of a conflict of interest.
(h) Quorum; Seal.--
(1) Quorum.--Three members of the Commission shall
constitute a quorum thereof.
(2) Seal.--The Commission shall have an official seal which
shall be judicially noticed.
(i) Duties and Powers.--The Commission may perform any and all
acts, including collection of any information from digital platforms
under the jurisdiction of the Commission as the Commission determines
necessary, without regard to any final determination of the Office on
Management and Budget under chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act''), make such
rules and regulations, and issue such orders, not inconsistent with
this Act, as may be necessary in the execution of its functions.
(j) Conduct of Proceedings; Hearings.--
(1) In general.--The Commission may conduct its proceedings
in such manner as will best conduce to the proper dispatch of
business and to the ends of justice.
(2) Conflict of interest.--No commissioner shall
participate in any hearing or proceeding in which he has a
pecuniary interest.
(3) Open to all parties.--Any party may appear before the
Commission and be heard in person or by attorney.
(4) Record of proceedings.--
(A) In general.--Subject to subparagraph (B)--
(i) every vote and official act of the
Commission shall be entered of record; and
(ii) the Commission shall endeavor to make
each proceeding public, while recognizing the
occasional need for private convening and
deliberation.
(B) Defense information.--The Commission may
withhold publication of records or proceedings
containing secret information affecting the national
defense.
(k) Record of Reports.--All reports of investigations made by the
Commission shall be entered of record, and a copy thereof shall be
furnished to the party who may have complained, and to any digital
platform or licensee that may have been complained of.
(l) Publication of Reports; Admissibility as Evidence.--The
Commission shall provide for the publication of its reports and
decisions in such form and manner as may be best adapted for public
information and use, and such authorized publications shall be
competent evidence of the reports and decisions of the Commission
therein contained in all courts of the United States and of the several
States without any further proof or authentication thereof.
(m) Compensation of Appointees.--Rates of compensation of persons
appointed under this section shall be subject to the reduction
applicable to officers and employees of the Federal Government
generally.
(n) Memoranda of Understanding.--The Commission shall enter into
memoranda of understanding with the Federal Communications Commission,
the Federal Trade Commission, and the Department of Justice to ensure,
to the greatest extent possible, coordination, collaboration, and the
effective use of Federal resources concerning areas of overlapping
jurisdiction.
SEC. 7. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.
(a) Chair; Duties; Vacancy.--
(1) In general.--The member of the Commission designated by
the President as Chair shall be the chief executive officer of
the Commission.
(2) Duties.--The Chair of the Commission shall--
(A) preside at all meetings and sessions of the
Commission;
(B) represent the Commission in all matters
relating to legislation and legislative reports, except
that any commissioner may present the commissioner's
own or minority views or supplemental reports;
(C) represent the Commission in all matters
requiring conferences or communications with other
governmental officers, departments, or agencies; and
(D) generally coordinate and organize the work of
the Commission in such manner as to promote prompt and
efficient disposition of all matters within the
jurisdiction of the Commission.
(3) Vacancy.--In the case of a vacancy in the office of the
Chair of the Commission, or the absence or inability of the
Chair to serve, the Commission may temporarily designate a
member of the Commission to act as Chair until the cause or
circumstance requiring the designation is eliminated or
corrected.
(b) Organization of Staff.--
(1) In general.--From time to time as the Commission may
find necessary, the Commission shall organize its staff into--
(A) bureaus, to function on the basis of the
Commission's principal workload operations; and
(B) such other divisional organizations as the
Commission may determine necessary.
(2) Integration.--The Commission, to the extent
practicable, shall organize the bureaus and other divisions of
the Commission to--
(A) promote collaboration and cross-cutting subject
matter and technical expertise; and
(B) avoid organization silos.
(3) Personnel.--Each bureau established under paragraph
(1)(A) shall include such legal, engineering, accounting,
administrative, clerical, and other personnel as the Commission
may determine to be necessary to perform its functions.
(4) Expert personnel.--The Commission shall prioritize, to
the extent practicable, the hiring of staff with a demonstrated
academic or professional background in computer science, data
science, application development, technology policy, and other
areas the Commission may determine necessary to perform its
functions.
(c) Delegation of Functions; Exceptions to Initial Orders; Force,
Effect, and Enforcement of Orders; Administrative and Judicial Review;
Qualifications and Compensation of Delegates; Assignment of Cases;
Separation of Review and Investigative or Prosecuting Functions;
Secretary; Seal.--
(1) Delegation of functions.--
(A) In general.--When necessary to the proper
functioning of the Commission and the prompt and
orderly conduct of its business, the Commission may, by
published rule or by order, delegate any of its
functions to a panel of commissioners, an individual
commissioner, an employee board, or an individual
employee, including functions with respect to hearing,
determining, ordering, certifying, reporting, or
otherwise acting as to any work, business, or matter;
except that in delegating review functions to employees
in cases of adjudication (as defined in section 551 of
title 5, United States Code), the delegation in any
such case may be made only to an employee board
consisting of 2 or more employees referred to in
paragraph (7).
(B) Minimum vote.--Any rule or order described in
subparagraph (A) may be adopted, amended, or rescinded
only by a vote of a majority of the members of the
Commission then holding office.
(2) Force, effect, and enforcement of orders.--Any order,
decision, report, or action made or taken pursuant to a
delegation under paragraph (1), unless reviewed as provided in
paragraph (3), shall have the same force and effect, and shall
be made, evidenced, and enforced in the same manner, as orders,
decisions, reports, or other actions of the Commission.
(3) Administrative and judicial review.--
(A) Aggrieved persons.--Any person aggrieved by an
order, decision, report, or action described in
paragraph (1) may file an application for review by the
Commission within such time and in such manner as the
Commission shall prescribe, and every such application
shall be passed upon by the Commission.
(B) Initiative of commission.--The Commission, on
its own initiative, may review in whole or in part, at
such time and in such manner as it shall determine, any
order, decision, report, or action made or taken
pursuant to any delegation under paragraph (1).
(4) Review.--
(A) In general.--In passing upon an application for
review filed under paragraph (3), the Commission may
grant, in whole or in part, or deny the application
without specifying any reasons therefor.
(B) Questions of fact or law.--No application for
review filed under paragraph (3)(A) shall rely on
questions of fact or law upon which the panel of
commissioners, individual commissioner, employee board,
or individual employee has been afforded no opportunity
to pass.
(5) Grant of application.--If the Commission grants an
application for review filed under paragraph (3)(A), the
Commission may--
(A) affirm, modify, or set aside the order,
decision, report, or action; or
(B) order a rehearing upon the order, decision,
report, or action.
(6) Application required for judicial review.--The filing
of an application for review under paragraph (3)(A) shall be a
condition precedent to judicial review of any order, decision,
report, or action made or taken pursuant to a delegation under
paragraph (1).
(7) Qualifications and compensation of delegates;
assignment of cases; separation of review and investigative or
prosecuting functions.--
(A) Qualifications of delegates.--The employees to
whom the Commission may delegate review functions in
any case of adjudication (as defined in the
Administrative Procedure Act)--
(i) shall be qualified, by reason of their
training, experience, and competence, to
perform such review functions; and
(ii) shall perform no duties inconsistent
with such review functions.
(B) Compensation.--An employee described in
subparagraph (A) shall be in a grade classification or
salary level commensurate with the important duties of
the employee, and in no event less than the grade
classification or salary level of the employee or
employees whose actions are to be reviewed.
(C) Separation.--In the performance of review
functions described in subparagraph (A), employees
described in that subparagraph--
(i) shall be assigned to cases in rotation
so far as practicable; and
(ii) shall not be responsible to or subject
to the supervision or direction of any officer,
employee, or agent engaged in the performance
of investigative or prosecuting functions for
any agency.
(8) Secretary; seal.--The secretary and seal of the
Commission shall be the secretary and seal of each panel of the
Commission, each individual commissioner, and each employee
board or individual employee exercising functions delegated
pursuant to paragraph (1) of this subsection.
(d) Meetings.--Meetings of the Commission shall be held at regular
intervals, not less frequently than once each calendar month, at which
times the functioning of the Commission and the handling of its
workload shall be reviewed and such orders shall be entered and other
action taken as may be necessary or appropriate to expedite the prompt
and orderly conduct of the business of the Commission with the
objective of rendering a final decision in a timely fashion.
(e) Managing Director.--
(1) In general.--The Commission shall have a Managing
Director who shall be appointed by the Chair subject to the
approval of the Commission.
(2) Functions.--The Managing Director, under the
supervision and direction of the Chair, shall perform such
administrative and executive functions as the Chair shall
delegate.
(3) Pay.--The Managing Director shall be paid at a rate
equal to the rate then payable for grade 15 of the pay scale of
the Securities and Exchange Commission.
SEC. 8. CODE COUNCIL.
(a) Establishment.--The Commission shall establish a Code Council
that shall develop proposed voluntary or enforceable behavioral codes,
technical standards, or other policies for digital platforms through
the code process under subsection (e), including with respect to
transparency and accountability for algorithmic processes.
(b) Membership.--
(1) In general.--The Council shall consist of 18 members,
of whom--
(A) 6 shall be representatives of digital platforms
or associations of digital platforms, not fewer than 3
of whom shall be representatives of systemically
important digital platforms or associations that
include systemically important digital platforms;
(B) 6 shall be representatives of nonprofit public
interest groups, academics, and other experts not
affiliated with commercial enterprises, with
demonstrated expertise in technology policy, law,
consumer protection, privacy, competition,
disinformation, or another area the Chair determines
relevant; and
(C) 6 shall be technical experts in engineering,
application development, computer science, data
science, machine learning, communications, media
studies, and any other discipline the Chair determines
relevant.
(2) Appointment.--The Chair shall appoint each member of
the Council, subject to approval by the Commission.
(3) Terms.--
(A) In general.--A member of the Council shall be
appointed for a term of 3 years.
(B) Staggered terms.--The terms of members of the
Council shall be staggered such that one-third of the
membership of the Council changes each year.
(c) Meetings.--The Council shall meet publicly not less frequently
than once a month.
(d) Chair and Vice Chair.--
(1) In general.--There shall be a Chair and Vice Chair of
the Council--
(A) one of whom shall be a member described in
subparagraph (A) of subsection (b)(1); and
(B) one of whom shall be a member described in
subparagraph (B) of subsection (b)(1).
(2) Annual rotation.--The Chair or Vice Chair for a
calendar year shall be a member described in a different
subparagraph of subsection (b)(1) than the member who served as
Chair or Vice Chair, respectively, for the preceding calendar
year.
(e) Code Process.--
(1) In general.--The Commission may, at any time, initiate
a process to develop a voluntary or enforceable behavioral
code, technical standard, or other policy for digital platforms
or a class of digital platforms.
(2) Initiation based on petition or council vote.--The
Commission may initiate the process described in paragraph (1)
if--
(A) the Commission receives a petition from the
public, including from a digital platform or an
association of digital platforms; or
(B) the Council votes to initiate the process.
(3) Council examination and vote.--If the process described
in paragraph (1) is initiated, the Council--
(A) shall consider and develop, if appropriate, a
proposed behavioral code, technical standard, or other
policy for digital platforms or a class of digital
platforms;
(B) in considering and developing a proposed code,
standard, or policy under subparagraph (A), shall--
(i) allow for submission of feedback by any
interested party; and
(ii) make available to the public a factual
record, developed during the consideration and
development of the proposed code, standard, or
policy, that includes any submission received
under clause (i);
(C) not earlier than 180 days and not later than
360 days after the date on which the process is
initiated, shall vote on whether to submit a
recommendation for the proposed code, standard, or
policy to the Commission; and
(D) may submit minority views along with a
recommendation under subparagraph (C), as appropriate.
(4) Public review; commission examination and vote.--Upon
receipt of a recommendation for a proposed behavioral code,
technical standard, or other policy from the Council under
paragraph (3), the Commission shall--
(A) allow for submission of comments on the
proposed code, standard, or policy by any interested
party for a period of not fewer than 45 days and not
more than 90 days, and publicly disclose any comments
received;
(B) examine the proposed code, standard, or policy,
along with comments received under subparagraph (A);
(C) determine whether to adopt, reject, or adopt
with modifications the proposed code, standard, or
policy;
(D) provide a public rationale for the
determination under subparagraph (C); and
(E) promulgate rules to carry out the determination
under subparagraph (C) in accordance with section 553
of title 5, United States Code.
(5) Updates.--Not less frequently than once every 5 years,
the Commission shall review and update, as necessary, any
behavioral code, technical standard, or other policy
established by rule under paragraph (4).
(6) Rule of construction.--Nothing in this subsection shall
be construed to affect the authority of the Commission to
promulgate rules under section 9.
(f) Qualifications.--
(1) Citizenship.--Each member of the Council shall be a
United States citizen or an alien lawfully admitted for
permanent residence to the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and
(C), no member of the Council other than a member
appointed under subsection (b)(1)(A) shall--
(i) be financially interested in any
company or other entity engaged in the business
of providing online services;
(ii) be financially interested in any
company or other entity that controls any
company or other entity specified in clause
(i), or that derives a significant portion of
its total income from ownership of stocks,
bonds, or other securities of any such company
or other entity; or
(iii) be employed by, hold any official
relation to, or own any stocks, bonds, or other
securities of, any person significantly
regulated by the Commission under this Act.
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial
interests in any company or other entity that has a
significant interest in activities subject to
regulation by the Commission.
(C) Waiver.--
(i) In general.--Subject to section 208 of
title 18, United States Code, the Commission
may waive, from time to time, the application
of the prohibitions under subparagraph (A) to a
member of the Council if the Commission
determines that the financial interests of the
member that are involved in a particular case
are minimal.
(ii) Publication.--If the Commission
exercises the waiver authority under clause
(i), the Commission shall publish notice of
that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a company
or other entity has a significant interest in activities that
are subject to regulation by the Commission, shall consider,
without excluding other relevant factors--
(A) the revenues, investments, profits, and
managerial efforts directed to the related activities
of the company or other entity, as compared to the
other aspects of the business of the company or other
entity;
(B) the extent to which the Commission regulates
and oversees the activities of the company or other
entity;
(C) the degree to which the economic interests of
the company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding
the business activities of the company or other entity.
(g) Rule of Construction.--Nothing in this section shall be
construed to authorize the Council to promulgate rules.
SEC. 9. RULEMAKING AUTHORITY, REQUIREMENTS, AND CONSIDERATIONS.
The Commission--
(1) may promulgate rules to carry out this Act in
accordance with section 553 of title 5, United States Code; and
(2) shall tailor the rules promulgated under paragraph (1),
as appropriate, based on the size, dominance, and other
attributes of particular digital platforms.
SEC. 10. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS.
(a) Designation of SIDPs; Rulemaking Authority.--The Commission
may--
(1) designate systemically important digital platforms in
accordance with this section; and
(2) promulgate rules specific to systemically important
digital platforms, consistent with the purposes of the
Commission under section 4(b).
(b) Mandatory Criteria.--The Commission shall designate a digital
platform a systemically important digital platform if the platform--
(1) is open to the public on one side;
(2) has significant engagement among users, which may take
the form of private groups, public groups, and the sharing of
posts visible to some or all users;
(3) conducts business primarily at the interstate or
international level, as opposed to the intrastate level; and
(4) has operations with significant nationwide economic,
social, or political impacts, as defined by the Commission for
purposes of this paragraph through notice-and-comment
rulemaking under section 553 of title 5, United States Code,
which may include--
(A) the ability of the platform to significantly
shape the national dissemination of news;
(B) the ability of the platform to cause a person
significant, immediate, and demonstrable economic,
social, or political harm by exclusion from the
platform;
(C) the market power of the platform;
(D) the number of unique daily users of the
platform; and
(E) the dependence of business users, especially
small business users (including entrepreneurs from
communities of color and underserved populations), on
the platform to reach customers.
(c) Annual and Other Reports.--
(1) Authority to require reports.--The Commission may--
(A) require annual reports from systemically
important digital platforms subject to this Act, and
from persons directly or indirectly controlling or
controlled by, or under direct or indirect control
with, any such platform;
(B) prescribe the content expected in such reports;
(C) prescribe the manner in which such reports
shall be made; and
(D) require from such persons specific answers to
all questions upon which the Commission may need
information.
(2) Administration.--
(A) Time period covered; filing.--A report under
paragraph (1)--
(i) shall be for such 12 months' period as
the Commission shall designate; and
(ii) shall be filed with the Commission at
its office in Washington not later than 3
months after the close of the year for which
the report is made, unless additional time is
granted in any case by the Commission.
(B) Failure to meet deadline.--If a person subject
to this subsection fails to make and file an annual
report within the time specified under subparagraph
(A), or within the time extended by the Commission, for
making and filing the report, or fails to make specific
answer to any question authorized by this subsection
within 30 days after the time the person is lawfully
required so to do, the person shall forfeit to the
United States--
(i) $10,000 for each day the person
continues to be in default with respect
thereto, for the first 30 days of such default;
and
(ii) an amount determined appropriate by
the Commission for each subsequent day that the
person continues to be in default with respect
thereto, which may not exceed 1 percent of the
total global revenue of the person during the
preceding year.
SEC. 11. INTER-AGENCY SUPPORT.
(a) Expert Support.--Upon request from any other Federal agency for
expertise, technical assistance, or other support from the Commission,
the Commission shall provide that support.
(b) Required Consultation by Other Federal Agencies.--Any Federal
agency, including the Federal Trade Commission and the Antitrust
Division of the Department of Justice, engaged in investigation,
regulation, or oversight with respect to the impact of digital
platforms on consumer protection, competition, civic engagement, or
democratic values and institutions shall consult with the Commission in
carrying out that investigation, regulation, or oversight.
(c) Required Consultation With Other Federal Agencies.--The
Commission, in carrying out investigation, regulation, or oversight
with respect to the impact of digital platforms on consumer protection,
competition, civic engagement, or democratic values and institutions,
shall consult with each other Federal agency, including the Federal
Trade Commission and the Antitrust Division of the Department of
Justice, that is engaged in investigation, regulation, or oversight
with respect to the impact of digital platforms on consumer protection,
competition, civic engagement, or democratic values and institutions.
SEC. 12. PETITIONS.
(a) Petition for Forbearance.--
(1) Submission.--
(A) In general.--Any digital platform or
association of digital platforms may submit a petition
to the Commission requesting that the Commission
forbear the application and enforcement of a rule
promulgated under this Act, including a behavioral code
of conduct, technical standard, or other policy
established by rule under section 8.
(B) Publication.--
(i) In general.--Subject to clause (ii),
the Commission shall make a petition submitted
under subparagraph (A) available to the public.
(ii) Waiver.--The Commission may waive the
requirement under clause (i) if the Commission
makes the rationale for the waiver available to
the public.
(2) Dismissal without prejudice.--
(A) In general.--Any petition submitted under
paragraph (1) shall be deemed dismissed without
prejudice if the Commission does not grant the petition
within 18 months after the date on which the Commission
receives the petition, unless the Commission extends
the 18-month period under subparagraph (B) of this
paragraph.
(B) Extension.--The Commission may extend the
initial 18-month period under subparagraph (A) by an
additional 3 months.
(3) Scope of grant authority; written explanation.--The
Commission may grant or deny a petition submitted under
paragraph (1) in whole or in part and shall explain its
decision in writing.
(4) Notice and comment requirements.--Section 553 of title
5, United States Code, shall apply to any determination of the
Commission to forbear the application and enforcement of a rule
under paragraph (1) of this subsection.
(b) State Enforcement After Commission Forbearance.--A State
commission may not continue to apply or enforce any rule, including any
behavioral code, technical standard, or other policy established by
rule, that the Commission has determined to forbear from applying under
subsection (a).
SEC. 13. RESEARCH.
(a) Research Office.--In order to carry out the purposes of this
Act, the Commission shall establish an office with not fewer than 20
dedicated employees to conduct internal research, and collaborate with
outside academics and experts, as appropriate, to further the purposes
of the Commission under section 4(b).
(b) Research Grants.--
(1) In general.--The office established under subsection
(a) may competitively award grants to academic institutions and
experts to conduct research consistent with the purposes of the
Commission under section 4(b).
(2) Public availability.--A recipient of a grant awarded
under paragraph (1) shall make the findings of the research
conducted using the grant publicly available.
(c) Pilot Research Program for Sensitive Data.--The Commission
shall by rule establish a pilot program that allows vetted, nonprofit,
financially disinterested academic institutions and experts to access
data and other information collected from a digital platform by the
Commission for the purposes of research and analysis consistent with
the public interest, while--
(1) ensuring that no personally identifiable information of
any user of the digital platform is publicly available; and
(2) making every effort to--
(A) avoid harm to the business interests of the
digital platform; and
(B) ensure the safety and security of the private
data and other information of the digital platform.
SEC. 14. INVESTIGATIVE AUTHORITY.
(a) In General.--The Commission may inquire into the management of
the business of digital platforms subject to this Act, and shall keep
itself informed as to the manner and method in which that management is
conducted and as to technical and business developments in the
provision of online services.
(b) Information.--The Commission may obtain from digital platforms
subject to this Act and from persons directly or indirectly controlling
or controlled by, or under direct or indirect control with, those
platforms full and complete information necessary, including data
flows, to enable the Commission to perform the duties and carry out the
objects for which it was created.
SEC. 15. HSR FILINGS.
Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding
at the end the following:
``(l)(1) In this subsection--
``(A) the terms `Commission' and `systemically important
digital platform' have the meanings given the terms in section
3 of the Digital Platform Commission Act of 2023; and
``(B) the term `covered acquisition' means an acquisition--
``(i) subject to this section; and
``(ii) in which the acquiring person or the person
whose voting securities or assets are being acquired is
a systemically important digital platform.
``(2) Any notification required under subsection (a) for a covered
acquisition shall be submitted to the Commission.
``(3) The Commission may request the submission of additional
information or documentary material relevant to a covered acquisition.
``(4) The Commission may submit a recommendation to the Federal
Trade Commission and the Assistant Attorney General on whether the
covered acquisition violates any of the purposes of the Commission
under section 4(b) of the Digital Platform Commission Act of 2023.
``(5) The Federal Trade Commission and the Assistant Attorney
General--
``(A) shall cooperate with the Commission in determining
whether a covered acquisition, if consummated, would violate
the antitrust laws or the purposes of the Commission under
section 4(b) of the Digital Platform Commission Act of 2023;
``(B) may use the recommendation of the Commission as a
basis for rejecting the covered acquisition, or for imposing
additional requirements to consummate the acquisition, even if
the covered acquisition does not violate the antitrust laws but
violates other purposes of the Commission under section 4(b) of
the Digital Platform Commission Act of 2023; and
``(C) in making a determination described in subparagraphs
(A), shall give substantial weight to the recommendation of the
Commission.''.
SEC. 16. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL ENTITIES.
(a) Recovery of Damages.--Any person claiming to be damaged by any
digital platform subject to this Act may--
(1) make complaint to the Commission under subsection (b);
or
(2) bring a civil action for enforcement of this Act,
including the rules promulgated under this Act, in any district
court of the United States of competent jurisdiction.
(b) Complaints to the Commission.--
(1) In general.--
(A) Application.--Any person, any body politic or
municipal organization, or any State attorney general
or State commission, complaining of anything done or
omitted to be done by any digital platform subject to
this Act, in contravention of the provisions thereof,
may apply to the Commission by petition which shall
briefly state the facts, whereupon a statement of the
complaint thus made shall be forwarded by the
Commission to the digital platform, which shall be
called upon to satisfy the complaint or to answer the
complaint in writing within a reasonable time to be
specified by the Commission.
(B) Relief of liability.--If a digital platform
described in subparagraph (A) within the time specified
makes reparation for the injury alleged to have been
caused, the platform shall be relieved of liability to
the complainant only for the particular violation of
law thus complained of.
(C) Investigation.--If a digital platform described
in subparagraph (A) does not satisfy the complaint
within the time specified or there shall appear to be
any reasonable ground for investigating the complaint,
the Commission shall investigate the matters complained
of in such manner and by such means as the Commission
determines proper.
(D) Direct damage not required.--No complaint shall
at any time be dismissed because of the absence of
direct damage to the complainant.
(2) Order.--
(A) In general.--The Commission shall, with respect
to any investigation under this subsection of the
lawfulness of a charge, classification, regulation, or
practice, issue an order concluding the investigation
not later than 180 days after the date on which the
complaint was filed.
(B) Final order.--Any order concluding an
investigation under subparagraph (A) shall be a final
order and may be appealed under section 18.
(3) Orders for payment of money.--If, after hearing on a
complaint under this paragraph, the Commission determines that
any party complainant is entitled to an award of damages under
this Act, the Commission shall make an order directing the
digital platform to pay to the complainant the sum to which the
complainant is entitled on or before a day named.
(c) Enforcement by State Attorneys General.--If the attorney
general of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely affected
by any person who violates this Act or a rule promulgated under this
Act, the attorney general of the State, as parens patrie, may bring a
civil action on behalf of the residents of the State in any district
court of the United States of competent jurisdiction for enforcement of
this Act, including the rules promulgated under this Act.
(d) Liability of Digital Platform for Acts and Omissions of
Agents.--In construing and enforcing the provisions of this Act, the
act, omission, or failure of any officer, agent, or other person acting
for or employed by any digital platform or user, acting within the
scope of his employment, shall in every case be also deemed to be the
act, omission, or failure of the platform or user as well as that of
the person.
SEC. 17. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF JUSTICE.
(a) Orders.--
(1) Administrative order.--If the Commission believes that
a person has violated or will violate this Act, the Commission
may issue and cause to be served on the person an order
requiring the person, as applicable--
(A) to cease and desist, or refrain, from the
violation; or
(B) to pay restitution to any victim of the
violation.
(2) Civil action to enforce order.--The Commission or the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce an order issued
under paragraph (1).
(b) Civil Penalty.--
(1) In general.--Any digital platform that knowingly
violates this Act shall be liable to the United States for a
civil penalty.
(2) Separate offenses.--Each distinct violation described
in paragraph (1) shall be a separate offense, and in case of
continuing violation each day shall be deemed a separate
offense.
(3) Deterrence.--The Commission shall establish a civil
penalty for a violation of this Act in an amount that the
Commission determines appropriate to deter future violations of
this Act.
(4) Annual cap.--The total amount of civil penalties
imposed on a digital platform during a year under paragraph (1)
may not exceed 15 percent of the total global revenue of the
digital platform during the preceding year.
SEC. 18. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF
THE COMMISSION.
(a) Right To Appeal.--An appeal may be taken from any decision or
order of the Commission, by any person who is aggrieved or whose
interests are adversely affected by the decision or order, to the
United States Court of Appeals for the District of Columbia or the
United States court of appeals for the circuit in which the person
resides.
(b) Filing Notice of Appeal; Contents; Jurisdiction; Temporary
Orders.--
(1) Filing notice of appeal.--An appeal described in
subsection (a) shall be taken by filing a notice of appeal with
the appropriate United States court of appeals not later than
30 days after the date on which public notice is given of the
decision or order complained of.
(2) Contents.--A notice of appeal filed under paragraph (1)
shall contain--
(A) a concise statement of the nature of the
proceedings as to which the appeal is taken;
(B) a concise statement of the reasons on which the
appellant intends to rely, separately stated and
numbered; and
(C) proof of service of a true copy of the notice
and statements upon the Commission.
(3) Jurisdiction.--Upon the filing of a notice of appeal
with a United States court of appeals under paragraph (1), the
court--
(A) shall have jurisdiction of the proceedings and
of the questions determined therein; and
(B) shall have power, by order, directed to the
Commission or any other party to the appeal, to grant
such temporary relief as the court may deem just and
proper.
(4) Temporary orders.--An order granting temporary relief
issued by the court under paragraph (3)--
(A) may be affirmative or negative in scope and
application so as to permit--
(i) the maintenance of the status quo in
the matter in which the appeal is taken; or
(ii) the restoration of a position or
status terminated or adversely affected by the
order appealed from; and
(B) shall, unless otherwise ordered by the court,
be effective pending hearing and determination of the
appeal and compliance by the Commission with the final
judgment of the court rendered in the appeal.
(c) Notice to Interested Parties; Filing of Record.--
(1) Notice to interested parties.--Not later than 5 days
after filing a notice of appeal under subsection (b), the
appellant shall provide, to each person shown by the records of
the Commission to be interested in the appeal, notice of--
(A) the filing; and
(B) the pendency of the appeal.
(2) Filing of record.--The Commission shall file with the
court the record upon which the order complained of was
entered, as provided in section 2112 of title 28, United States
Code.
(d) Intervention.--
(1) Right to intervene.--Not later than 30 days after the
filing of an appeal described in subsection (a), any interested
party may intervene and participate in the proceedings had upon
the appeal by filing with the court--
(A) a notice of intention to intervene and a
verified statement showing the nature of the interest
of the person; and
(B) proof of service of true copies of the notice
and statement described in subparagraph (A) upon--
(i) the appellant; and
(ii) the Commission.
(2) Interested party.--For purposes of paragraph (1), any
person who would be aggrieved or whose interest would be
adversely affected by a reversal or modification of the order
of the Commission complained of shall be considered an
interested party.
(e) Record and Briefs.--The record and briefs upon which an appeal
described in subsection (a) shall be heard and determined by the court
shall contain such information and material, and shall be prepared
within such time and in such manner, as the court may by rule
prescribe.
(f) Time of Hearing; Procedure.--The court shall hear and determine
an appeal described in subsection (a) upon the record before it in the
manner prescribed by section 706 of title 5, United States Code.
(g) Remand.--If the court renders a decision and enters an order
reversing the order of the Commission--
(1) the court shall remand the case to the Commission to
carry out the judgment of the court; and
(2) the Commission, in the absence of proceedings to review
the judgment under paragraph (1) or (2) of subsection (i),
shall forthwith give effect to the judgment, and unless
otherwise ordered by the court, shall do so upon the basis of--
(A) the proceedings already had; and
(B) the record upon which the appeal was heard and
determined.
(h) Judgment for Costs.--The court may, in its discretion, enter
judgment for costs in favor of or against an appellant, or other
interested parties intervening in the appeal, but not against the
Commission, depending upon the nature of the issues involved in the
appeal and the outcome of the appeal.
(i) Finality of Decision; Review by Supreme Court.--The judgment of
a court of appeals under this section shall be final, subject to review
by the Supreme Court of the United States--
(1) upon writ of certiorari on petition therefor under
section 1254 of title 28, United States Code, by--
(A) the appellant;
(B) the Commission; or
(C) any interested party intervening in the appeal;
or
(2) by certification by the court of appeals under such
section 1254.
SEC. 19. REPORT TO CONGRESS.
(a) In General.--Not earlier than 5 years after the date of
enactment of this Act, the President shall establish an independent
panel to--
(1) comprehensively study the policies, operations, and
regulations of the Commission; and
(2) submit an in-depth report to the congressional
committees of jurisdiction, including the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, that includes--
(A) an evaluation of the effectiveness of the
Commission in achieving the purposes under section
4(b);
(B) recommended reforms to strengthen the
Commission; and
(C) a recommendation regarding whether the
Commission should continue in effect.
(b) Membership.--The independent panel established under subsection
(a) shall consist of 10 members, of whom--
(1) 2 shall be appointed by the President;
(2) 2 shall be appointed by the majority leader of the
Senate;
(3) 2 shall be appointed by the minority leader of the
Senate;
(4) 2 shall be appointed by the Speaker of the House of
Representatives; and
(5) 2 shall be appointed by the minority leader of the
House of Representatives.
SEC. 20. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out the functions of the Commission--
(1) $100,000,000 for fiscal year 2023;
(2) $200,000,000 for fiscal year 2024;
(3) $300,000,000 for fiscal year 2025;
(4) $450,000,000 for fiscal year 2026; and
(5) $500,000,000 for each of fiscal years 2027 through
2032.
<all>
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118S1672 | Disclose Government Censorship Act | [
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1672 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1672
To require officers and employees of the legislative and executive
branches to make certain disclosures related to communications with
information content providers and interactive computer services
regarding restricting speech.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Hagerty (for himself, Mr. Rounds, Mr. Rubio, Mr. Marshall, Ms.
Lummis, and Mr. Johnson) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To require officers and employees of the legislative and executive
branches to make certain disclosures related to communications with
information content providers and interactive computer services
regarding restricting speech.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disclose Government Censorship
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Information content provider; interactive computer
service.--The terms ``information content provider'' and
``interactive computer service'' have the meanings given the
terms in section 230 of the Communications Act of 1934 (47
U.S.C. 230).
(2) Legitimate law enforcement purpose.--The term
``legitimate law enforcement purpose'' means for the purpose of
investigating a criminal offense by a law enforcement agency
that is within the lawful authority of that agency.
(3) National security purpose.--The term ``national
security purpose'' means a purpose that relates to--
(A) intelligence activities;
(B) cryptologic activities related to national
security;
(C) command and control of military forces;
(D) equipment that is an integral part of a weapon
or weapons system; or
(E) the direct fulfillment of military or
intelligence missions.
SEC. 3. DISCLOSURES.
(a) In General.--Except as provided in subsection (c), any officer
or employee in the executive or legislative branch shall disclose and,
in the case of a written communication, make available for public
inspection, on a public website in accordance with subsection (d), any
communication by that officer or employee with a provider or operator
of an interactive computer service regarding action or potential action
by the provider or operator to restrict access to or the availability
of, bar or limit access to, or decrease the dissemination or visibility
to users of, material posted by another information content provider,
whether the action is or would be carried out manually or through use
of an algorithm or other automated or semi-automated process.
(b) Timing.--The disclosure required under subsection (a) shall be
made not later than 7 days after the date on which the communication is
made.
(c) Legitimate Law Enforcement and National Security Purposes.--
(1) In general.--Any communication for a legitimate law
enforcement purpose or national security purpose shall be
disclosed and, in the case of a written communication, made
available for inspection, to each House of Congress.
(2) Timing.--The disclosure required under paragraph (1)
shall be made not later than 60 days after the date on which
the communication is made.
(3) Receipt.--Upon receipt of a disclosure made under
paragraph (1), each House of Congress shall provide copies to
the chairman and ranking member of each standing committee with
jurisdiction under the rules of the House of Representatives or
the Senate regarding the subject matter to which the
communication pertains. Such information shall be deemed the
property of such committee and may not be disclosed except--
(A) in accordance with the rules of the committee;
(B) in accordance with the rules of the House of
Representatives and the Senate; and
(C) as permitted by law.
(d) Website.--
(1) Legislative branch.--The Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of Representatives shall
designate a single location on an internet website where the
disclosures and communications of employees and officers in the
legislative branch shall be published in accordance with
subsection (a).
(2) Executive branch.--The Director of the Office of
Management and Budget shall designate a single location on an
internet website where the disclosures and communications of
employees and officers in the executive branch shall be
published in accordance with subsection (a).
(e) Notice.--The Sergeant at Arms of the Senate, the Sergeant at
Arms of the House of Representatives, and the Director of the Office of
Management and Budget shall take reasonable steps to ensure that each
officer and employee of the legislative branch and executive branch, as
applicable, are informed of the duties imposed by this section.
(f) Conflicts of Interest.--Any person who is a former officer or
employee of the executive branch of the United States (including any
independent agency) or any person who is a former officer or employee
of the legislative branch or a former Member of Congress, who
personally and substantially participated in any communication under
subsection (a) while serving as an officer, employee, or Member of
Congress, shall not, within 2 years after any such communication under
subsection (a) or 1 year after termination of his or her service as an
officer, employee, or Member of Congress, whichever is later, knowingly
make, with the intent to influence, any communication to or appearance
before any officer or employee of any department, agency, court, or
court-martial of the United States, on behalf of any person with which
the former officer or employee personally and substantially
participated in such communication under subsection (a).
(g) Penalties.--Any person who violates subsection (a), (b), (c),
or (f) shall be punished as provided in section 216 of title 18, United
States Code.
<all>
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118S1673 | Protecting Access to Ground Ambulance Medical Services Act of 2023 | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
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"cosponsor"
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[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1673 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1673
To amend title XVIII to protect patient access to ground ambulance
services under the Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Ms. Cortez Masto (for herself, Ms. Collins, Ms. Stabenow, and Mr.
Cassidy) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII to protect patient access to ground ambulance
services 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 ``Protecting Access to Ground
Ambulance Medical Services Act of 2023''.
SEC. 2. PROTECTING PATIENT ACCESS TO MEDICARE GROUND AMBULANCE
SERVICES.
(a) Super Rural Ambulance.--Section 1834(l)(12)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended--
(1) in the first sentence, by striking ``2025'' and
inserting ``2028''; and
(2) by adding at the end the following new sentence: ``In
the case of services furnished on or after January 1, 2025, and
before January 1, 2028, such percent increase shall be 26.7
percent.''.
(b) Ground Ambulance.--Section 1834(l)(13)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``2025'' and inserting ``2028'';
(2) in clause (i), by inserting ``, or 4.3 percent if such
service is furnished on or after January 1, 2025, and before
January 1, 2028'' after ``2025''; and
(3) in clause (ii), by inserting ``, or 3.4 percent if such
service is furnished on or after January 1, 2025, and before
January 1, 2028'' after ``2025''.
<all>
</pre></body></html>
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118S1674 | No START Treaty Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1674 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1674
To provide for better security and accountability with respect to the
strategic and non-strategic nuclear arsenals of the Russian Federation
and the People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Cotton (for himself, Mr. Risch, Mr. Rubio, Mr. Cramer, Mr. Scott of
Florida, Mr. Barrasso, Mr. Budd, Mr. Ricketts, Mr. Hagerty, Mr. Rounds,
and Mr. Cruz) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide for better security and accountability with respect to the
strategic and non-strategic nuclear arsenals of the Russian Federation
and the People's Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No START Treaty Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States and the Russian Federation signed the
New START Treaty in April 2010, and the treaty entered into
force in February 2011.
(2) The central limits of the New START Treaty prohibit the
United States and the Russian Federation from possessing any
more than 700 deployed strategic nuclear launchers, 800
deployed and non-deployed strategic nuclear launchers, and
1,550 nuclear warheads attributed to those deployed launchers.
(3) The New START Treaty includes an inspection and
verification regime that includes 18 on-site inspections per
year, data exchanges and notifications, and a Bilateral
Consultative Commission as a compliance and implementation
convening body.
(4) The New START Treaty allows each party the right to
withdraw if it decides that extraordinary events related to the
subject matter of the treaty jeopardize its supreme interests.
(5) The New START Treaty placed no constraints on Russia's
estimated 2,000 non-strategic nuclear weapons, which can be
delivered by a variety of ground-based, air-based, and sea-
based platforms. In contrast, the United States possesses only
a small inventory of aircraft-deliverable non-strategic nuclear
gravity bombs.
(6) The New START Treaty did not constrain the arsenal of
the People's Republic of China, which is now engaged in a
strategic breakout of its nuclear forces. The Department of
Defense estimates that China will have about 1,000 operational
nuclear warheads by 2030 and about 1,500 warheads by 2035 if it
continues at its current pace.
(7) The Department of Defense acknowledged in its 2022
Report on Military and Security Developments Involving the
People's Republic of China that China took only two years to
double its nuclear arsenal, far sooner than the Department's
2020 estimate that it would take China until 2030 to double its
nuclear arsenal.
(8) Even when the Russian Federation was found compliant
with the New START Treaty, it developed multiple strategic
nuclear-armed systems that circumvented the spirit and intent
of the treaty, such as a nuclear-powered cruise missile and
nuclear-powered torpedo.
(9) In March 2020, the United States and the Russian
Federation mutually agreed to suspend New START Treaty
inspections due to the COVID-19 pandemic.
(10) On February 3, 2021, Secretary of State Antony Blinken
announced the unconditional extension of the New START Treaty
for an additional five years, until February 5, 2026, the
maximum extension allowed by the treaty.
(11) The Russian Federation refused United States requests
in August 2022 to resume New START inspections and refused to
engage in the Bilateral Consultative Commission with the United
States in November 2022 to work towards resuming inspections.
(12) Given Russia's refusal to resume mandatory inspections
and refusal to participate in the Bilateral Consultative
Commission as required by the treaty, the Department of State
declared in January 2023 that Russia was noncompliant with the
New START Treaty.
(13) In February 2023, President of the Russian Federation
Vladimir Putin announced that Russia would ``suspend'' its
participation in the New START Treaty. The New START Treaty has
no provision for suspension. Russia shortly thereafter ceased
providing to the United States the data on its nuclear arsenal
that is required under the treaty.
(14) The United States remains in compliance with the
central limits of the New START Treaty and attempted in good
faith to resume mutual inspections under the treaty.
(15) The United States has not deployed a new nuclear-
capable delivery system in over 30 years, while the Russian
Federation has in that same time deployed over a dozen new
nuclear-capable delivery systems. Russia also has active
nuclear production facilities that enable it to produce large
numbers of new warheads.
(16) The United States nuclear modernization program of
record does not expand the United States nuclear arsenal from
current levels, while the People's Republic of China is growing
its nuclear arsenal as part of what former Commander of the
United States Strategic Command, Admiral Richard, has labeled
``breathtaking''. China's deployed forces will achieve
effective parity with the United States arsenal deployed under
the New START Treaty by 2035, if not sooner.
(17) In its resolution of advice and consent to
ratification of the New START Treaty in 2010, the Senate stated
that ``if, during the time the New START Treaty remains in
force, the President determines that there has been an
expansion of the strategic arsenal of any country not party to
the New START Treaty so as to jeopardize the supreme interests
of the United States, then the President should consult on an
urgent basis with the Senate to determine whether adherence to
the New START Treaty remains in the national interest of the
United States''. To date, the President has taken no action to
consult with the Senate on this issue, even though China's
actions clearly meet this standard.
(18) For deterrence to be effective, United States
Strategic Command needs to be confident it can hold at risk
what an adversary values most, including its nuclear forces.
Therefore, the expansion of the nuclear arsenals of the Russian
Federation and the People's Republic of China directly impact
United States deterrence requirements.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) arms control is not an end in and of itself, and is
only useful if it strengthens the security of the United States
and its allies;
(2) the extension of the New START Treaty in 2021 with no
conditions attached and no attempts to resolve the numerous
shortcomings of the original treaty harmed United States
national security and emboldened America's adversaries;
(3) the Russian Federation is in material breach of its
commitments under the New START Treaty, and Russia's
``suspension'' of the treaty represents a de facto withdrawal
from the treaty;
(4) Russia's de facto withdrawal from the New START Treaty
removes the treaty's value to the national security interest of
the United States and its allies of limiting strategic nuclear
weapons, as the United States is now unable to confirm Russia
is adhering to the central limits of the treaty;
(5) China's nuclear buildup meets the Senate criterion of
an expansion of the strategic arsenal of a country not party to
the New START Treaty that jeopardizes the supreme interests of
the United States;
(6) Due to Russia's de facto withdrawal from the New START
Treaty and China's nuclear expansion, the New START Treaty is
no longer in the United States national interest and the United
States should withdraw;
(7) after the New START Treaty expires or becomes defunct,
any new arms control agreement or treaty that sets numerical
limits on nuclear arsenals should limit the Russian
Federation's nuclear arsenal--strategic and non-strategic--and
should also restrict the nuclear arsenal of the People's
Republic of China without allowing China to increase its
arsenal to reach treaty limits;
(8) the United States should not divest itself of, or slow
or halt the development or procurement of, any nuclear-capable
strategic or non-strategic delivery systems unless a new
nuclear arms control treaty is ratified that similarly
constrains the nuclear arsenals of both the Russian Federation
and the People's Republic of China; and
(9) the United States should strengthen its nuclear forces,
to include growing the size of its nuclear arsenal,
strengthening its force posture, and acquiring additional
capabilities, to account for the growth in deterrence
requirements caused by the expansion of the nuclear arsenals of
the People's Republic of China and the Russian Federation since
the New START Treaty was signed, as well as to hedge against a
Russian breakout from New START Treaty limits.
SEC. 4. ASSESSMENT AND IMPLEMENTATION PLAN FOR NUCLEAR FORCE STRUCTURE
IMPROVEMENTS REQUIRED.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report on United States nuclear deterrence.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of the adequacy of the current and
planned nuclear arsenal of the United States for purposes of
facing its adversaries, with a focus on the new dynamics
associated with facing two major nuclear powers simultaneously
in both peacetime and in conflict. The assessment shall
describe--
(A) the sufficiency of the size and structure of
the current and planned arsenal to maintain deterrence
with respect to two nuclear-peers without reduced
levels of risk or redundancy;
(B) the sufficiency of the size and structure of
the current and planned arsenal to maintain deterrence
of two nuclear-peers without reduced levels of risk or
redundancy should the Russian Federation grow its
nuclear forces beyond the levels allowed under the
central limits of the New START Treaty and should the
People's Republic of China continue to grow its nuclear
forces after reaching parity with the currently
deployed United States nuclear arsenal under the New
START Treaty;
(C) the impact of emerging technology, such as
nuclear-armed hypersonic weapons and fractional orbital
bombardment systems, on United States nuclear posture
and planning; and
(D) the current and planned sufficiency of nuclear
command, control, and communications capabilities in
crisis or conflict scenarios.
(2) A proposed implementation plan to address any
deficiencies found in the assessment described in paragraph
(1). The plan shall include--
(A) needed changes to the planned nuclear force
structure and force posture based on any gaps in
deterrence and assurance capabilities;
(B) a proposal and timeline to improve the
survivability of the strategic bomber force;
(C) a proposal and timeline detailing the steps
necessary to return a portion of the strategic bomber
force to heightened alert status;
(D) a proposal and timeline detailing the steps
necessary to reduce the time necessary to upload
nuclear weapons to the bomber force;
(E) a proposal and timeline detailing the steps
necessary--
(i) to upload additional warheads to the
Minuteman III ICBM fleet to its full capacity;
and
(ii) to deploy Sentinel missiles as they
come online with the maximum number of warheads
that can be deployed on each missile; and
(F) a proposal and timeline detailing the steps
necessary to restore submarine-launched ballistic
missile tubes on Ohio-class submarines that were
rendered inoperable to comply with the terms of the New
START Treaty.
(3) The national security implications of--
(A) any unilateral reductions of the United States
nuclear arsenal without corresponding reductions in
Russia and China's nuclear arsenal; and
(B) any unilateral reductions in the United States'
national and theater missile defense without
corresponding reductions in Russia and China's missile
defense.
SEC. 5. REQUIREMENTS FOR FUTURE NUCLEAR ARMS AGREEMENTS.
(a) Requirements.--The President and any representative of the
President shall not negotiate, sign, or otherwise agree to any treaty
with the Russian Federation pertaining to nuclear weapons where the
number of nuclear warheads or nuclear-capable delivery systems
possessed by the Russian Federation would be numerically equal in size
to, or greater than, the nuclear arsenal of the United States, unless
such treaty or agreement--
(1) also restricts the size of the nuclear arsenal of the
People's Republic of China without allowing China to build up
to treaty limits;
(2) includes an inspection regime and other verification
measures to ensure with high confidence that the Russian
Federation and the People's Republic of China are compliant
with the terms of the treaty or agreement;
(3) includes an inspection regime of the relevant nuclear
facilities of the People's Republic of China that is comparable
to the treaty's or agreement's inspection regime of the
relevant nuclear facilities of the Russian Federation;
(4) includes current and future Russian strategic nuclear
systems of a strategic character that are not currently limited
by the New START Treaty, including--
(A) non-ballistic missiles of intercontinental
ranges;
(B) underwater unmanned systems of intercontinental
ranges; and
(C) hypersonic glide vehicles that can be delivered
by systems of intercontinental ranges; and
(5) includes current and future non-strategic nuclear
weapons and delivery systems.
(b) Prohibition on Unilateral Reductions.--
(1) In general.--Except as provided in paragraph (2), the
President shall not reduce the size of the United States
nuclear arsenal without a nuclear arms treaty approved with the
advice and consent of the Senate, pursuant to article II,
section 2, clause 2 of the Constitution of the United States
that satisfies the requirements described in subsection (a).
(2) Exception.--The prohibition in paragraph (1) does not
apply to the following activities:
(A) The maintenance or sustainment of United States
nuclear systems.
(B) Ensuring the safety, security, or reliability
of United States nuclear systems.
(C) Facilitating the transition of existing legacy
systems to modern delivery systems.
(c) Prohibition on Bargaining With Missile Defense.--The President
shall not negotiate, sign, or otherwise agree to any agreement or
treaty with the Russian Federation or the People's Republic of China
that would limit or reduce the United States national or theater
missile defenses unless the United States has already ratified a treaty
that satisfies the requirements described in subsection (a).
(d) Withholding of Funds.--Beginning on the date that is one year
after the date of the enactment of this Act, no funds shall be expended
to implement the New START Treaty, any successor agreement to the New
START Treaty, or any other new or newly amended nuclear arms control
treaty or agreement with the Russian Federation that limits the numbers
of nuclear warheads or nuclear-capable delivery systems possessed by
the United States unless--
(1) such treaties or agreements satisfy the requirements
described in subsection (a); or
(2) a different treaty or agreement is already in effect
that satisfies the requirements described in subsection (a).
(e) Waiver.--The President may waive the prohibition in subsection
(d) with respect to a particular new or newly amended agreement or
treaty if--
(1) two-thirds of the Senate first agrees to a joint
resolution of approval in support of the new or newly amended
agreement or treaty; and
(2) the President certifies to the appropriate
congressional committees that the agreement or treaty is in the
national security interests of the United States and does not
harm the deterrent capability of the United States.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) New start treaty.--the term ``New START Treaty'' means
the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed April 8, 2010, and entered
into force February 5, 2011.
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118S1677 | Democracy Restoration Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1677 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1677
To secure the Federal voting rights of persons when released from
incarceration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Cardin (for himself, Mr. Schatz, Mr. Padilla, Mr. Casey, Mrs.
Feinstein, Ms. Warren, Mr. Markey, Mr. Menendez, Ms. Smith, Mr. Welch,
Ms. Baldwin, Mr. Booker, Mr. Blumenthal, Ms. Klobuchar, Mr. Sanders,
Mrs. Murray, Mr. Wyden, Mr. Van Hollen, Ms. Hirono, Mrs. Shaheen, Mr.
Kaine, Mr. Brown, and Mr. Durbin) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To secure the Federal voting rights of persons when released from
incarceration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democracy Restoration Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all. In
2020, the District of Columbia re-enfranchised its citizens who
are under the supervision of the Federal Bureau of Prisons.
Twenty-five States disenfranchise certain individuals on felony
probation or parole. During 2023, lawmakers in Minnesota and
New Mexico expanded voting rights to citizens on felony
probation and parole. In 11 States, a conviction for certain
offenses can result in lifetime disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2022, over 4,600,000 citizens of the United States,
or about 1 in 50 adults in the United States, could not vote as
a result of a felony conviction. Of the 4,600,000 citizens
barred from voting then, only 23 percent were in prison or
jail. By contrast, 75 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately 2,200,000
citizens who had completed their sentences were disenfranchised
due to restrictive State laws. Over 930,000 Floridians who
completed their sentence remain disenfranchised because of a
pay-to-vote requirement that was enacted by Florida lawmakers
in 2019 to undermine the impact of a 2018 ballot initiative
that eliminated the lifetime ban for persons with certain
felony convictions. In 3 States--Alabama, Mississippi, and
Tennessee--more than 8 percent of the total population is
disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
sometimes must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board, depending
on the offense and State. Financial restrictions may also
inhibit individuals who have completed their sentences from re-
enfranchisement. Individuals convicted of a Federal offense
often have additional barriers to regaining voting rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
States--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the States that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. In recent years, African
Americans have been imprisoned at over 5 times the rate of
Whites. More than 6 percent of the voting-age African-American
population, or 1,800,000 African Americans, are disenfranchised
due to a felony conviction. In 9 States--Alabama (16 percent),
Arizona (13 percent), Florida (15 percent), Kentucky (15
percent), Mississippi (16 percent), South Dakota (14 percent),
Tennessee (21 percent), Virginia (16 percent), and Wyoming (36
percent)--more than 1 in 8 African Americans are unable to vote
because of a felony conviction, twice the national average for
African Americans.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. Although data on
ethnicity in correctional populations are unevenly reported and
undercounted in some States, a conservative estimate is that at
least 506,000 Latino Americans or 1.7 percent of the voting-age
population are disenfranchised. More than 2 percent of the
voting-age Latino population, or 560,000 Latinos, are
disenfranchised due to a felony conviction. In 31 States
Latinos are disenfranchised at a higher rate than the general
population. In Arizona and Tennessee over 6 percent of Latino
voters are disenfranchised due to a felony conviction.
(12) Women have been significantly impacted by mass
incarceration since the early 1980s. Approximately 1,000,000
women were disenfranchised in 2022, comprising over 20 percent
of the total disenfranchised population.
(13) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society. Models of
successful re-entry for persons convicted of a crime emphasize
the importance of community ties, feeling vested and
integrated, and prosocial attitudes. Individuals with criminal
convictions who succeed in avoiding recidivism are typically
more likely to see themselves as law-abiding members of the
community. Restoration of voting rights builds those qualities
and facilitates reintegration into the community. That is why
allowing citizens with criminal convictions who are living in a
community to vote is correlated with a lower likelihood of
recidivism. Restoration of voting rights thus reduces violence
and protects public safety.
(14) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(15) The United States is one of the only Western
democracies that permits the permanent denial of voting rights
for individuals with felony convictions.
(16) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions.'' (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic precept
of justice ``that punishment for crime should be graduated and
proportioned to [the] offense.'' Id. (quoting Weems v. United
States, 217 U.S. 349, 367 (1910)). As the Supreme Court has
long recognized, ``[t]he concept of proportionality is central
to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59
(2010)). Many State disenfranchisement laws are grossly
disproportional to the offenses that lead to disenfranchisement
and thus violate the bar on cruel and unusual punishments. For
example, a number of States mandate lifetime disenfranchisement
for a single felony conviction or just two felony convictions,
even where the convictions were for non-violent offenses. In
numerous other States, disenfranchisement can last years or
even decades while individuals remain on probation or parole,
often only because a person cannot pay their legal financial
obligations. These kinds of extreme voting bans run afoul of
the Eighth Amendment.
(17) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States or
any State by reason of failure to pay any poll tax or other
tax.'' Section 2 of the Twenty-Fourth Amendment gives Congress
the power to enforce this article by appropriate legislation.
Court fines and fees that individuals must pay to have their
voting rights restored constitute an ``other tax'' for purposes
of the Twenty-Fourth Amendment. At least five States explicitly
require the payment of fines and fees before individuals with
felony convictions can have their voting rights restored. More
than 20 other States effectively tie the right to vote to the
payment of fines and fees, by requiring that individuals
complete their probation or parole before their rights are
restored. In these States, the non-payment of fines and fees is
a basis on which probation or parole can be extended. Moreover,
these States sometimes do not record the basis on which an
individual's probation or parole was extended, making it
impossible to determine from the State's records whether non-
payment of fines and fees is the reason that an individual
remains on probation or parole. For these reasons, the only way
to ensure that States do not deny the right to vote based
solely on non-payment of fines and fees is to prevent States
from conditioning voting rights on the completion of probation
or parole.
SEC. 3. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 4. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2023 and may register to vote in any such election and provide
such individuals with any materials that are necessary to
register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2023 and may register to vote in
any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 7. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit any State from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this Act.
(b) Certain Federal Acts.--The rights and remedies established by
this Act are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this Act shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act
(52 U.S.C. 20501), or the Help America Vote Act of 2002 (52 U.S.C.
20901 et seq.).
SEC. 8. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that State, unit of local
government, or person--
(1) is in compliance with section 3; and
(2) has in effect a program under which each individual
incarcerated in that person's jurisdiction who is a citizen of
the United States is notified, upon release from such
incarceration, of that individual's rights under section 3.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to citizens of the United States voting in any
election for Federal office held on or after the date of the enactment
of this Act.
<all>
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118S1678 | VET–TEC Authorization Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1678 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1678
To amend title 38, United States Code, to reauthorize the high
technology program of the Department of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. King (for himself and Mr. Cramer) 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 reauthorize the high
technology program of the Department of Veterans Affairs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VET-TEC Authorization Act of 2023''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PROGRAM.
(a) High Technology Program.--
(1) In general.--Chapter 36 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3699C. High technology program
``(a) Establishment.--(1) The Secretary shall carry out a program
under which the Secretary provides covered individuals with the
opportunity to enroll in high technology programs of education that the
Secretary determines provide training or skills sought by employers in
a relevant field or industry.
``(2) Not more than 6,000 covered individuals may participate in
the program under this section in any fiscal year.
``(b) Amount of Assistance.--(1) The Secretary shall provide, to
each covered individual who pursues a high technology program of
education under this section, educational assistance in amounts equal
to the amounts provided under section 3313(c)(1) of this title,
including with respect to the housing stipend described in that section
and in accordance with the treatment of programs that are distance
learning and programs that are less than half-time.
``(2) Under paragraph (1), the Secretary shall provide such amounts
of educational assistance to a covered individual for each of the
following:
``(A) A high technology program of education.
``(B) A second such program if--
``(i) the second such program begins at least 18
months after the covered individual graduates from the
first such program; and
``(ii) the covered individual uses educational
assistance under chapter 33 of this title to pursue the
second such program.
``(c) Contracts.--(1) For purposes of carrying out subsection (a),
the Secretary shall seek to enter into contracts with any number of
qualified providers of high technology programs of education for the
provision of such programs to covered individuals. Each such contract
shall provide for the conditions under which the Secretary may
terminate the contract with the provider and the procedures for
providing for the graduation of students who were enrolled in a program
provided by such provider in the case of such a termination.
``(2) A contract under this subsection shall provide that the
Secretary shall pay to a provider--
``(A) upon the enrollment of a covered individual in the
program, 25 percent of the cost of the tuition and other fees
for the program of education for the individual;
``(B) upon graduation of the individual from the program,
25 percent of such cost; and
``(C) 50 percent of such cost upon--
``(i) the successful employment of the covered
individual for a period--
``(I) of 180 days in the field of study of
the program; and
``(II) that begins not later than 180 days
following graduation of the covered individual
from the program;
``(ii) the employment of the individual by the
provider for a period of one year; or
``(iii) the enrollment of the individual in a
program of education to continue education in such
field of study.
``(3) For purposes of this section, a provider of a high technology
program of education is qualified if--
``(A) the provider employs instructors whom the Secretary
determines are experts in their respective fields in accordance
with paragraph (5);
``(B) the provider has successfully provided the high
technology program for at least one year;
``(C) the provider does not charge tuition and fees to a
covered individual who receives assistance under this section
to pursue such program that are higher than the tuition and
fees charged by such provider to another individual; and
``(D) the provider meets the approval criteria developed by
the Secretary under paragraph (4).
``(4)(A) The Secretary shall prescribe criteria for approving
providers of a high technology program of education under this section.
``(B) In developing such criteria, the Secretary may consult with
State approving agencies.
``(C) Such criteria are not required to meet the requirements of
section 3672 of this title.
``(D) Such criteria shall include the job placement rate, in the
field of study of a program of education, of covered individuals who
complete such program of education.
``(5) The Secretary shall determine whether instructors are experts
under paragraph (3)(A) based on evidence furnished to the Secretary by
the provider regarding the ability of the instructors to--
``(A) identify professions in need of new employees to
hire, tailor the programs to meet market needs, and identify
the employers likely to hire graduates;
``(B) effectively teach the skills offered to covered
individuals;
``(C) provide relevant industry experience in the fields of
programs offered to incoming covered individuals; and
``(D) demonstrate relevant industry experience in such
fields of programs.
``(6) In entering into contracts under this subsection, the
Secretary shall give preference to a provider of a high technology
program of education--
``(A) from which at least 70 percent of graduates find
full-time employment in the field of study of the program
during the 180-day period beginning on the date the student
graduates from the program; or
``(B) that offers tuition reimbursement for any student who
graduates from such a program and does not find employment
described in subparagraph (A).
``(d) Effect on Other Entitlement.--(1) If a covered individual
enrolled in a high technology program of education under this section
has remaining entitlement to educational assistance under chapter 30,
32, 33, 34, or 35 of this title, entitlement of the individual to
educational assistance under this section shall be charged at the rate
of one month of such remaining entitlement for each such month of
educational assistance under this section.
``(2) The Secretary may not consider enrollment in a high
technology program of education under this section to be assistance
under a provision of law referred to in section 3695 of this title.
``(e) Requirements for Educational Institutions.--(1) The Secretary
shall not approve the enrollment of any covered individual, not already
enrolled, in any high technology programs of education under this
section for any period during which the Secretary finds that more than
85 percent of the students enrolled in the program are having all or
part of their tuition, fees, or other charges paid to or for them by
the educational institution or by the Department of Veterans Affairs
under this title or under chapter 1606 or 1607 of title 10, except with
respect to tuition, fees, or other charges that are paid under a
payment plan at an educational institution that the Secretary
determines has a history of offering payment plans that are completed
not later than 180 days after the end of the applicable term, quarter,
or semester.
``(2) The Secretary may waive a requirement of paragraph (1) if the
Secretary determines, pursuant to regulations which the Secretary shall
prescribe, such waiver to be in the interest of the covered individual
and the Federal Government. Not later than 30 days after the Secretary
waives such a requirement, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report regarding such waiver.
``(3)(A)(i) The Secretary shall establish and maintain a process by
which an educational institution may request a review of a
determination that the educational institution does not meet the
requirements of paragraph (1).
``(ii) The Secretary may consult with a State approving agency
regarding such process or such a review.
``(iii) Not later than 180 days after the Secretary establishes or
revises a process under this subparagraph, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report regarding such process.
``(B) An educational institution that requests a review under
subparagraph (A)--
``(i) shall request the review not later than 30 days after
the start of the term, quarter, or semester for which the
determination described in subparagraph (A) applies; and
``(ii) may include any information that the educational
institution believes the Department should have taken into
account when making the determination, including with respect
to any mitigating circumstances.
``(f) Annual Reports.--Not later than one year after the date of
the enactment of this section, and annually thereafter until the
termination date specified in subsection (i), 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 operation of programs under this section during the year covered
by the report. Each such report shall include each of the following:
``(1) The number of covered individuals enrolled in the
program, disaggregated by type of educational institution,
during the year covered by the report.
``(2) The number of covered individuals who completed a
high technology program of education under the program during
the year covered by the report.
``(3) The average employment rate of covered individuals
who completed such a program of education during such year, as
of 180 days after the date of completion.
``(4) The average length of time between the completion of
such a program of education and employment.
``(5) The total number of covered individuals who completed
a program of education under the program and who, as of the
date of the submission of the report, are employed in a
position related to technology.
``(6) The average salary of a covered individual who
completed a program of education under the program and who is
employed in a position related to technology, in various
geographic areas determined by the Secretary.
``(7) The average salary of all individuals employed in
positions related to technology in the geographic areas
determined under subparagraph (F), and the difference, if any,
between such average salary and the average salary of a covered
individual who completed a program of education under the
program and who is employed in a position related to
technology.
``(8) The number of covered individuals who completed a
program of education under the program and who subsequently
enrolled in a second program of education under the program.
``(g) Collection of Information; Consultation.--(1) The Secretary
shall develop practices to use to collect information about covered
individuals and providers of high technology programs of education.
``(2) For the purpose of carrying out program under this section,
the Secretary may consult with providers of high technology programs of
education and may establish an advisory group made up of
representatives of such providers, private employers in the technology
field, and other relevant groups or entities, as the Secretary
determines necessary.
``(h) Definitions.--In this section:
``(1) The term `covered individual' means any of the
following:
``(A) A veteran whom the Secretary determines--
``(i) served an aggregate of at least 36
months on active duty in the Armed Forces
(including service on active duty in entry
level and skill training) and was discharged or
released therefrom under conditions other than
dishonorable; and
``(ii) has not attained the age of 62.
``(B) A member of the Armed Forces that the
Secretary determines will become a veteran described in
subparagraph (A) fewer than 180 days after the date of
such determination.
``(2) The term `high technology program of education' means
a program of education--
``(A) offered by a public or private educational
institution;
``(B) if offered by an institution of higher
learning, that is provided directly by such institution
rather than by an entity other than such institution
under a contract or other agreement;
``(C) that does not lead to a degree;
``(D) that has a term of not less than six and not
more than 28 weeks; and
``(E) that provides instruction in computer
programming, computer software, media application, data
processing, or information sciences.
``(i) Termination.--The authority to carry out a program under this
section shall terminate on September 30, 2028.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3699B the following new item:
``3699C. High technology program.''.
(b) Effect on High Technology Pilot Program.--Section 116 of the
Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public
Law 115-48; 38 U.S.C. 3001 note) is amended--
(1) in subsection (g), by striking paragraph (6); and
(2) by striking subsection (h) and inserting the following
new subsection (h):
``(h) Termination.--The authority to carry out a pilot program
under this section shall terminate on September 30, 2023.''.
(c) Approval of Certain High Technology Programs.--Section 3680A of
title 38, United States Code, is amended--
(1) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) Any independent study program except--
``(A) an independent study program (including such
a program taken over open circuit television) that--
``(i) is accredited by an accrediting
agency or association recognized by the
Secretary of Education under subpart 2 of part
H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b);
``(ii) leads to--
``(I) a standard college degree;
``(II) a certificate that reflects
educational attainment offered by an
institution of higher learning; or
``(III) a certificate that reflects
graduation from a course of study
offered by--
``(aa) an area career and
technical education school (as
defined in subparagraphs (C)
and (D) of section 3(3) of the
Carl D. Perkins Career and
Technical Education Act of 2006
(20 U.S.C. 2302(3))) that
provides education at the
postsecondary level; or
``(bb) a postsecondary
vocational institution (as
defined in section 102(c) of
the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that
provides education at the
postsecondary level; and
``(iii) in the case of a program described
in clause (ii)(III)--
``(I) provides training aligned
with the requirements of employers in
the State or local area where the
program is located, which may include
in-demand industry sectors or
occupations;
``(II) provides a student, upon
graduation from the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, which may include a
credential recognized by industry or
sector partnerships in the State or
local area where the industry is
located; and
``(III) meets such content and
instructional standards as may be
required to comply with the criteria
under sections 3676(c)(14) and (15) of
this title; or
``(B) an online high technology program of
education (as defined in subsection (h)(2) of section
3699C of this title)--
``(i) the provider of which has entered
into a contract with the Secretary under
subsection (c) of such section;
``(ii) that has been provided to covered
individuals (as defined in subsection (h)(1) of
such section) under such contract for a period
of at least five years;
``(iii) regarding which the Secretary has
determined that the average employment rate of
covered individuals who graduated from such
program of education is 65 percent or higher
for the year preceding such determination; and
``(iv) that satisfies the requirements of
subsection (e) of such section.''; and
(2) in subsection (d), by adding at the end the following:
``(8) Paragraph (1) shall not apply to the enrollment of a veteran
in an online high technology program described in subsection
(a)(4)(B).''.
(d) Effective Date.--The amendments made by subsections (a) and (c)
shall take effect on October 1, 2023.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``November 14, 2031'' each place it
appears and inserting ``March 31, 2032''.
<all>
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118S1679 | Stop Tax Penalties on American Hostages Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1679 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1679
To amend the Internal Revenue Code of 1986 to postpone tax deadlines
and reimburse paid late fees for United States nationals who are
unlawfully or wrongfully detained or held hostage abroad, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Coons (for himself and Mr. Rounds) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to postpone tax deadlines
and reimburse paid late fees for United States nationals who are
unlawfully or wrongfully detained or held hostage abroad, and for other
purposes.
Be it enacted by the Senate 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 Tax Penalties on American
Hostages Act''.
SEC. 2. POSTPONEMENT OF TAX DEADLINES FOR HOSTAGES AND INDIVIDUALS
WRONGFULLY DETAINED ABROAD.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by inserting after section 7510 the following new section:
``SEC. 7511. TIME FOR PERFORMING CERTAIN ACTS POSTPONED FOR HOSTAGES
AND INDIVIDUALS WRONGFULLY DETAINED ABROAD.
``(a) In General.--Any applicable individual shall be entitled to
the benefits of section 7508 in the same manner as if such individual
was performing services described in subsection (a) of such section for
any period in which such individual was--
``(1) unlawfully or wrongfully detained abroad, or
``(2) held hostage abroad.
``(b) Applicable Individual.--
``(1) In general.--For purposes of this section, the term
`applicable individual' means any individual who is--
``(A) included on the list of United States
nationals unlawfully or wrongfully detained that is
included in the annual report required under section
302(c) of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741(c)),
or
``(B) a United States national taken hostage
abroad, as determined in a manner consistent with the
findings of the Hostage Recovery Fusion Cell (as
described in section 304 of the Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act (22
U.S.C. 1741b)).
``(2) Information provided to treasury.--For purposes of
identifying individuals described in paragraph (1), not later
than January 1, 2024, and annually thereafter--
``(A) the Secretary of State shall provide the
Secretary with the report described in paragraph
(1)(A), as well as any other information necessary to
identify the individuals described in such report, and
``(B) the Attorney General, acting through the
Hostage Recovery Fusion Cell, shall provide the
Secretary with a list of the individuals described in
paragraph (1)(B), as well as any other information
necessary to identify such individuals.
``(c) Application to Spouse.--The provisions of this section shall
apply to the spouse of any individual entitled to the benefits of
subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to section 7510 the following new item:
``Sec. 7511. Time for performing certain acts postponed for hostages
and individuals wrongfully detained
abroad.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of enactment of this Act.
SEC. 3. REIMBURSEMENT AND ABATEMENT OF PENALTIES AND FINES PAID BY
ELIGIBLE INDIVIDUALS.
(a) In General.--
(1) Establishment.--Not later than January 1, 2024, the
Secretary (in consultation with the Secretary of State and the
Attorney General) shall establish a program to allow any
eligible individual (or the spouse or any dependent (as defined
in section 152 of the Internal Revenue Code of 1986) of such
individual) to apply for reimbursement or abatement of any
amount described in subsection (b) (including interest) to the
extent such amount was attributable to the applicable period.
(2) Notice.--For purposes of carrying out the program
described in paragraph (1), the Secretary (in consultation with
the Secretary of State and the Attorney General) shall, with
respect to any individual identified under subsection (c),
provide notice to such individual--
(A) in the case of an individual who has been
released on or before the date of enactment of this
Act, not later than 90 days after the date of enactment
of this Act; or
(B) in the case of an individual who is released
after the date of enactment of this Act, not later than
90 days after the date on which such individual is
released,
that such individual may be eligible for reimbursement of any
amount described in subsection (b) pursuant to the program
described in paragraph (1).
(3) Authorization.--
(A) In general.--Subject to subparagraph (B), in
the case of any reimbursement described in paragraph
(1), the Secretary shall issue such reimbursement to
the eligible individual in the same manner as any
refund of an overpayment of tax.
(B) Extension of limitation on time for
reimbursement.--With respect to any reimbursement under
paragraph (1)--
(i) the 3-year period of limitation
prescribed by section 6511(a) of the Internal
Revenue Code of 1986 shall not expire before
the date which is 1 year after the date the
notice described in paragraph (2) is provided
to the eligible individual; and
(ii) any limitation under section
6511(b)(2) of such Code shall not apply.
(b) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means any applicable individual (as defined in
section 7511(b)(1) of the Internal Revenue Code of 1986) who, for any
taxable year ending during the applicable period, paid or incurred any
interest, penalty, additional amount, or addition to the tax in respect
to any tax liability for such year of such individual based on a
determination that an act described in paragraph (1) of section 7508(a)
of the Internal Revenue Code of 1986 which was not performed by the
time prescribed therefor (without regard to any extensions).
(c) Identification of Individuals.--Not later than January 1, 2024,
the Secretary of State and the Attorney General, acting through the
Hostage Recovery Fusion Cell (as described in section 304 of the Robert
Levinson Hostage Recovery and Hostage-Taking Accountability Act (22
U.S.C. 1741b)), shall--
(1) compile a list, based on such information as is
available, of United States nationals who, during the
applicable period--
(A) were included on the list described in section
7511(b)(1)(A) of the Internal Revenue Code of 1986; or
(B) the Attorney General determined, based on
credible information, were taken hostage abroad; and
(2) provide the list described in paragraph (1) to the
Secretary.
(d) Applicable Period.--For purposes of this section, the term
``applicable period'' means the period--
(1) beginning on January 1, 2021; and
(2) ending on the date of enactment of this Act.
(e) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the Secretary's
delegate.
<all>
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118S168 | PASS Act of 2023 | [
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"cosponsor"
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"cosponsor"
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[
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"cosponsor"
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[
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] | <p><b>Promoting Agriculture Safeguards and Security Act of 2023 or the</b> <b>PASS Act of 2023</b></p> <p>This bill establishes requirements to address the national security and risk to the agricultural sector of the United States.</p> <p>Specifically, the bill prohibits persons who are acting on behalf of China, Russia, Iran, or North Korea from purchasing or investing in U.S. agricultural land and companies. The President may waive this prohibition, on a case-by-case basis, if the President determines that the waiver is vital to U.S. national security interests.</p> <p>The bill also places the Secretary of Agriculture on the Committee on Foreign Investment in the United States (CFIUS) and requires CFIUS to review certain transactions involving investments by foreign persons in the U.S. agricultural sector. </p> <p>Additionally, the Department of Agriculture must report on the risks that foreign purchases of U.S. businesses engaged in agriculture pose to the agricultural sector of the United States.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 168 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 168
To amend the Defense Production Act of 1950 to include the Secretary of
Agriculture on the Committee on Foreign Investment in the United States
and require review of certain agricultural transactions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Rounds (for himself, Mr. Hoeven, Mr. Tester, Mr. Cramer, Ms.
Lummis, and Mr. Thune) introduced the following bill; which was read
twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To amend the Defense Production Act of 1950 to include the Secretary of
Agriculture on the Committee on Foreign Investment in the United States
and require review of certain agricultural transactions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Agriculture Safeguards and
Security Act of 2023'' or the ``PASS Act of 2023''.
SEC. 2. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY CFIUS.
(a) In General.--Section 721 of the Defense Production Act of 1950
(50 U.S.C. 4565) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``;
and'' and inserting a semicolon;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) any transaction described in clause
(vi) or (vii) of subparagraph (B) proposed or
pending on or after the date of the enactment
of this clause.'';
(ii) in subparagraph (B), by adding at the
end the following:
``(vi) Any other investment, subject to
regulations prescribed under subparagraphs (D)
and (E), by a foreign person in any
unaffiliated United States business that is
engaged in agriculture or biotechnology related
to agriculture.
``(vii) Subject to subparagraphs (C) and
(E), the purchase or lease by, or a concession
to, a foreign person of private real estate
that is--
``(I) located in the United States;
and
``(II) used in agriculture.'';
(iii) in subparagraph (C)(i), by striking
``subparagraph (B)(ii)'' and inserting ``clause
(ii) or (vii) of subparagraph (B)'';
(iv) in subparagraph (D)--
(I) in clause (i), by striking
``subparagraph (B)(iii)'' and inserting
``clauses (iii) and (vi) of
subparagraph (B)'';
(II) in clause (iii)(I), by
striking ``subparagraph (B)(iii)'' and
inserting ``clauses (iii) and (vi) of
subparagraph (B)'';
(III) in clause (iv)(I), by
striking ``subparagraph (B)(iii)'' each
place it appears and inserting
``clauses (iii) and (vi) of
subparagraph (B)''; and
(IV) in clause (v), by striking
``subparagraph (B)(iii)'' and inserting
``clauses (iii) and (vi) of
subparagraph (B)''; and
(v) in subparagraph (E), by striking
``clauses (ii) and (iii)'' and inserting
``clauses (ii), (iii), (iv), and (vii)''; and
(B) by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning
given such term in section 3 of the Fair Labor Standards Act of
1938 (29 U.S.C. 203).'';
(2) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and
(J), as subparagraphs (I), (J), and (K), respectively;
and
(B) inserting after subparagraph (G) the following
new subparagraph:
``(H) The Secretary of Agriculture.''; and
(3) by adding at the end the following:
``(r) Prohibition With Respect to Agricultural Companies and Real
Estate.--
``(1) In general.--Notwithstanding any other provision of
this section, if the Committee, in conducting a review and
investigation under this section, determines that a transaction
described in clause (i), (vi), or (vii) of subsection (a)(4)(B)
would result in control by a covered foreign person of or
investment by a covered foreign person in a United States
business engaged in agriculture or private real estate used in
agriculture, the President shall prohibit such transaction.
``(2) Waiver.--The President may waive, on a case-by-case
basis, the requirement to prohibit a transaction under
paragraph (1), not less than 30 days after the President
determines and reports to the relevant committees of
jurisdiction that it is vital to the national security
interests of the United States to waive such prohibition.
``(3) Defined terms.--In this subsection:
``(A) Covered foreign person.--The term `covered
foreign person' means a person that is--
``(i) acting on behalf of or otherwise
directed by the government of a prohibited
country;
``(ii) a citizen of a prohibited country;
``(iii) an entity that--
``(I) is registered or organized in
a prohibited country; or
``(II) has a principal place of
business in a prohibited country; or
``(iv) a subsidiary of an entity described
in clause (iii).
``(B) Prohibited country.--The term `prohibited
country' means any of the following:
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of
Korea.''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Agriculture shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the risks that foreign purchases of
United States businesses engaged in agriculture (as such term is
defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203)) pose to the agricultural sector of the United States.
<all>
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118S1682 | Housing Supply Expansion Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1682 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1682
To amend subchapter IV of chapter 31 of title 40, United States Code,
regarding prevalent wage determinations in order to expand access to
affordable housing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Thune (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend subchapter IV of chapter 31 of title 40, United States Code,
regarding prevalent wage determinations in order to expand access to
affordable housing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Supply Expansion Act''.
SEC. 2. UPDATES TO WAGE RATE CALCULATIONS.
(a) In General.--Section 3142(b) of title 40, United States Code,
is amended by inserting ``or from geographic groupings other than civil
subdivisions of the State (which may include metropolitan statistical
areas or other groupings determined appropriate by the Secretary)''
after ``in which the work is to be performed''.
(b) Changes to Survey Methodology.--Section 3142 of title 40,
United States Code, is amended by adding at the end the following:
``(f) Survey Information Collection.--By not later than 1 year
after the date of enactment of the Housing Supply Expansion Act, the
Secretary shall--
``(1) review the Secretary's method of collecting survey
information for determining prevailing wages for purposes of
subsection (a); and
``(2) revise how such survey information is collected,
following a public notice and opportunity for public comment,
by--
``(A) including surveys that allow for reliable and
objective sources of data and a defendable methodology,
which may include information collected through Bureau
of Labor Statistics surveys; and
``(B) improving the percentage of businesses
choosing to participate in prevailing wage
determination surveys and ensuring proportional
representation of businesses represented by labor
organizations and businesses not represented by labor
organizations in the prevailing wage determination
surveys that are completed.''.
SEC. 3. MULTIPLE WAGE RATE DETERMINATIONS.
Section 3142 of title 40, United States Code, as amended by section
2, is further amended by adding at the end the following:
``(g) Federal Housing Acts.--A determination of prevailing wages by
the Secretary of Labor applicable under section 212(a) of the National
Housing Act (12 U.S.C. 1715c(a)), section 104(b)(1) of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4114(b)(1)), section 12(a) of the United States Housing Act of
1937 (42 U.S.C. 1437j(a)), or section 811(j)(5) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)(5)) shall
be limited to 1 wage rate determination under subsection (b) of this
section that corresponds to the overall residential character of the
project.''.
SEC. 4. DAVIS-BACON MODERNIZATION WORKING GROUP.
(a) Definition.--In this section, the term ``Davis-Bacon
Modernization Working Group'' means the working group established under
subsection (b)(1).
(b) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Labor, in consultation
with the Secretary of Housing and Urban Development, shall
establish within the Department of Labor, a Davis-Bacon
Modernization Working Group to recommend the update and
modernization of certain requirements under subchapter IV of
chapter 31 of title 40, United States Code, as described in
subsection (c).
(2) Date of establishment.--The Davis-Bacon Modernization
Working Group shall be considered established on the date on
which a majority of the members of the Davis-Bacon
Modernization Working Group have been appointed, consistent
with subsection (d).
(c) Duties.--The Davis-Bacon Modernization Working Group shall--
(1) recommend whether, and if so by how much, the
residential classification can be applied to affordable housing
units with 5 stories or more for purposes of prevailing wage
determinations under subchapter IV of chapter 31 of title 40,
United States Code;
(2) develop administrative and legislative recommendations
of ways, and for what specific circumstances in which, the
prevailing wage rate requirements under subchapter IV of
chapter 31 of title 40, United States Code, could be waived or
streamlined for certain affordable rental Federal Housing
Administration new construction projects; and
(3) review the potential positive and negative outcomes of
directing the Bureau of Labor Statistics to determine
prevailing wages (rather that the Secretary of Labor under
section 3142(b) of title 40, United States Code), in a way that
would not rely on the collection of voluntary surveys from
businesses but rather on data that is already collected by the
Bureau of Labor Statistics.
(d) Members.--
(1) In general.--The Davis-Bacon Modernization Working
Group shall be composed of the following representatives of
Federal agencies and relevant non-Federal industry stakeholder
organizations:
(A) A representative from the Department of Labor,
appointed by the Secretary of Labor.
(B) A representative from the Department of Housing
and Urban Development, appointed by the Secretary of
Housing and Urban Development.
(C) A representative of a housing construction
industry association, appointed by the Secretary of
Labor in consultation with the Secretary of Housing and
Urban Development.
(D) A representative of a financial services
industry association, appointed by the Secretary of
Labor in consultation with the Secretary of Housing and
Urban Development.
(E) A representative of an affordable housing
industry association, appointed by the Secretary of
Labor in consultation with the Secretary of Housing and
Urban Development.
(F) A representative of a State public housing
agency, as defined in section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a), appointed by the
Secretary of Labor in consultation with the Secretary
of Housing and Urban Development.
(G) A representative of a tribally designated
housing entity, as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103), appointed by the Secretary of
Labor in consultation with the Secretary of Housing and
Urban Development.
(H) A representative of a labor organization
representing the housing construction workforce,
appointed by the Secretary of Labor in consultation
with the Secretary of Housing and Urban Development.
(2) Chair.--The representative from the Department of Labor
appointed under paragraph (1)(A) shall serve as the chair of
the Davis-Bacon Modernization Working Group, and that
representative shall be responsible for organizing the business
of the Davis-Bacon Modernization Working Group.
(e) Other Matters.--
(1) No compensation.--A member of the Davis-Bacon
Modernization Working Group shall serve without compensation.
(2) Support.--The Secretary of Labor may detail an employee
of the Department of Labor to assist and support the work of
the Davis-Bacon Modernization Working Group, though such a
detailee shall not be considered to be a member of the Davis-
Bacon Modernization Working Group.
(f) Report.--
(1) Reports.--Not later than 1 year after the date on which
the Davis-Bacon Modernization Working Group is established, the
Davis-Bacon Modernization Working Group shall submit a report
containing its findings and recommendations under subsection
(c), including recommendations resulting from the review under
subsection (c)(3), to the Secretary of Labor, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and the Workforce of the House of
Representatives.
(2) Majority support.--Each recommendation made under
paragraph (1) shall be agreed to by a majority of the members
of the Davis-Bacon Modernization Working Group.
(g) Nonapplicability of FACA.--Chapter 10 of title 5, United States
Code, shall not apply to the Davis-Bacon Modernization Working Group.
(h) Sunset.--The Davis-Bacon Modernization Working Group shall
terminate on the date the report is completed under subsection (f)(1).
SEC. 5. NATIONAL HOUSING ACT.
Section 212(a) of the National Housing Act (12 U.S.C. 1715c(a)) is
amended by striking ``similar character, as determined by the Secretary
of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C.
276a--276a-5)'' and inserting ``residential character, as determined by
the Secretary of Labor in accordance with subchapter IV of chapter 31
of title 40, United States Code, that is applicable at the time the
application is filed''.
SEC. 6. HOUSING ACT OF 1959.
Section 202(j)(5)(A) of the Housing Act of 1959 (12 U.S.C.
1701q(j)(5)(A)) is amended by striking ``similar character, as
determined by the Secretary of Labor in accordance with the Act of
March 3, 1931 (commonly known as the Davis-Bacon Act)'' and inserting
``residential character, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States
Code, that is applicable at the time the application is filed''.
SEC. 7. NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT
OF 1996.
Section 104(b)(1) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4114(b)(1)) is amended by
striking ``, as predetermined by the Secretary of Labor pursuant to the
Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter
411; 46 Stat. 1494; 40 U.S.C. 276a et seq.),'' and inserting ``for
corresponding classes of laborers and mechanics employed on
construction of a residential character, as predetermined by the
Secretary of Labor pursuant to subchapter IV of chapter 31 of title 40,
United States Code, that is applicable at the time the application is
filed''.
SEC. 8. CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT.
Section 811(j)(5)(A) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(j)(5)(A)) is amended by striking ``similar
character, as determined by the Secretary of Labor in accordance with
the Act of March 3, 1931 (commonly known as the Davis-Bacon Act)'' and
inserting ``residential character, as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code, that is applicable at the time the application is
filed''.
SEC. 9. UNITED STATES HOUSING ACT OF 1937.
Section 12(a) of the United States Housing Act of 1937 (42 U.S.C.
1437j(a)) is amended by striking ``, as predetermined by the Secretary
of Labor pursuant to the Davis-Bacon Act (49 Stat. 1011)'' and
inserting ``for corresponding classes of laborers and mechanics
employed on construction of a residential character, as predetermined
by the Secretary of Labor pursuant to subchapter IV of chapter 31 of
title 40, United States Code, that is applicable at the time the
application is filed''.
<all>
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118S1684 | FORK Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1684 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1684
To amend the Richard B. Russell National School Lunch Act to establish
a vehicle summer meal delivery pilot program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to establish
a vehicle summer meal delivery 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 ``Feeding Our Rural Kids Act of 2023''
or the ``FORK Act of 2023''.
SEC. 2. VEHICLE SUMMER MEAL DELIVERY PILOT PROGRAM.
Section 13(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1761(a)) is amended by adding at the end the following:
``(14) Vehicle summer meal delivery pilot program.--
``(A) Definition of eligible entity.--In this
paragraph, the term `eligible entity' means a service
institution.
``(B) Establishment.--The Secretary shall establish
a pilot program (referred to in this paragraph as the
`pilot program'), to be carried out beginning with the
first summer following the date of enactment of this
paragraph, to award grants to eligible entities to
purchase or retrofit vehicles to facilitate the
distribution of noncongregate meals made available
pursuant to this section.
``(C) Priority.--In awarding grants under the pilot
program, the Secretary shall give priority to eligible
entities--
``(i) with high rates of students who are
eligible for free or reduced price lunches
under this Act; and
``(ii) that serve a high proportion of
students from socially disadvantaged
backgrounds.
``(D) Geographic diversity.--In awarding grants
under the pilot program, the Secretary shall ensure, to
the maximum extent practicable, that eligible entities
receiving grants are located in diverse geographic
areas.
``(E) Grants.--
``(i) Term.--The term of a grant awarded
under the pilot program shall be 1 year.
``(ii) Maximum amount.--The amount of a
grant awarded under the pilot program shall not
exceed $100,000.
``(iii) Administrative expenses.--An
eligible entity awarded a grant under the pilot
program shall use not more than 10 percent of
grant funds for administrative expenses.
``(iv) Report requirement.--Not later than
1 year after receiving a grant under the pilot
program, an eligible entity shall submit to the
Secretary a report describing the use of the
grant funds, including--
``(I) the number of entities that
benefitted from the grant; and
``(II) the number of children
served as a result of the grant.
``(F) Technical assistance; best practices.--The
Secretary shall provide technical assistance to, and
share best practices with, eligible entities that
receive grants under the pilot program.
``(G) Report.--Not later than 4 years after the
date of enactment of this paragraph, the Secretary
shall submit to Congress a report on the administration
of the pilot program, including a summary of the
reports received pursuant to subparagraph (D)(iii).
``(H) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out the pilot program $1,000,000 for each year of the
3-year period beginning on the date of establishment of
the pilot program.''.
<all>
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118S1686 | Reforming Disaster Recovery Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1686 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1686
To establish a community disaster assistance fund for housing and
community development and to authorize the Secretary of Housing and
Urban Development to provide, from the fund, assistance through a
community development block grant disaster recovery program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Schatz (for himself, Ms. Collins, Mrs. Murray, Mr. Wicker, Mr.
Wyden, Mr. Cassidy, Mr. Van Hollen, Mr. Tillis, Mr. Tester, Mrs. Hyde-
Smith, Mr. Young, Mr. Lujan, Mr. Booker, and Mr. Padilla) introduced
the following bill; which was read twice and referred to the Committee
on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish a community disaster assistance fund for housing and
community development and to authorize the Secretary of Housing and
Urban Development to provide, from the fund, assistance through a
community development block grant disaster recovery 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 ``Reforming Disaster Recovery Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) following a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), the subset of
communities that are most impacted and distressed as a result
of the disaster face critical social, economic, and
environmental obstacles to recovery, including insufficient
public and private resources to address disaster-related
housing and community development needs for lower income
households and distressed communities;
(2) unmet disaster recovery needs, including housing
assistance needs, can be especially widespread among persons
with extremely low-, low-, and moderate-incomes;
(3) economic, social, and housing hardships that affect
communities before disasters are exacerbated during crises and
can delay and complicate long-term recovery, especially after
catastrophic major disasters;
(4) States, units of local government, and Indian Tribes
within the most impacted and distressed areas resulting from
major disasters benefit from flexibility to design programs
that meet local needs, but face inadequate financial,
technical, and staffing capacity to plan and carry out
sustained recovery, restoration, and mitigation activities;
(5) the speed and effectiveness considerations of long-term
recovery from catastrophic major disasters is improved by
predictable investments that support disaster relief, long-term
recovery, restoration of housing and infrastructure, and
economic revitalization, primarily for the benefit of low- and
moderate-income persons;
(6) undertaking activities that mitigate the effects of
future natural disasters and extreme weather and increase the
stock of affordable housing, including affordable rental
housing, as part of long-term recovery can significantly reduce
future fiscal and social costs, especially within high-risk
areas, and can help to address outstanding housing and
community development needs by creating jobs and providing
other economic and social benefits within communities that
further promote recovery and resilience; and
(7) the general welfare and security of the United States
and the health and living standards of its people require
targeted resources to support State and local governments in
carrying out their responsibilities in disaster recovery and
mitigation through interim and long-term housing and community
development activities that primarily benefit low- and
moderate-income persons.
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(2) Fund.--The term ``Fund'' means the Long-Term Disaster
Recovery Fund established under section 5.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 4. DUTIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(a) In General.--The offices and officers of the Department shall
be responsible for--
(1) leading and coordinating the disaster-related
responsibilities of the Department under the National Response
Framework, the National Disaster Recovery Framework, and the
National Mitigation Framework;
(2) coordinating and administering programs, policies, and
activities of the Department related to disaster relief, long-
term recovery, resiliency, and mitigation, including disaster
recovery assistance under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.);
(3) supporting disaster-impacted communities as those
communities specifically assess, plan for, and address the
housing stock and housing needs in the transition from
emergency shelters and interim housing to permanent housing of
those displaced, especially among vulnerable populations and
extremely low-, low-, and moderate-income households;
(4) collaborating with the Federal Emergency Management
Agency and the Small Business Administration and across the
Department to align disaster-related regulations and policies,
including incorporation of consensus-based codes and standards
and insurance purchase requirements, and ensuring coordination
and reducing duplication among other Federal disaster recovery
programs;
(5) promoting best practices in mitigation and land use
planning, including consideration of traditional, natural, and
nature-based infrastructure alternatives;
(6) coordinating technical assistance, including
mitigation, resiliency, and recovery training and information
on all relevant legal and regulatory requirements, to entities
that receive disaster recovery assistance under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) that demonstrate capacity constraints; and
(7) supporting State, Tribal, and local governments in
developing, coordinating, and maintaining their capacity for
disaster resilience and recovery and developing pre-disaster
recovery and hazard mitigation plans, in coordination with the
Federal Emergency Management Agency and other Federal agencies.
(b) Establishment of the Office of Disaster Management and
Resiliency.--Section 4 of the Department of Housing and Urban
Development Act (42 U.S.C. 3533) is amended by adding at the end the
following:
``(i) Office of Disaster Management and Resiliency.--
``(1) Establishment.--There is established, in the Office
of the Secretary, the Office of Disaster Management and
Resiliency.
``(2) Duties.--The Office of Disaster Management and
Resiliency shall--
``(A) be responsible for oversight and coordination
of all departmental disaster preparedness and response
responsibilities; and
``(B) coordinate with the Federal Emergency
Management Agency, the Small Business Administration,
and the Office of Community Planning and Development
and other offices of the Department in supporting
recovery and resilience activities to provide a
comprehensive approach in working with communities.''.
SEC. 5. LONG-TERM DISASTER RECOVERY FUND.
(a) Establishment.--There is established in the Treasury of the
United States an account to be known as the Long-Term Disaster Recovery
Fund.
(b) Deposits, Transfers, and Credit.--
(1) In general.--The Fund shall consist of amounts
appropriated, transferred, and credited to the Fund.
(2) Transfers.--The following may be transferred to the
Fund:
(A) Amounts made available through section
106(c)(4) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5306(c)(4)) as a result of actions
taken under section 104(e), 111, or 123(j) of such Act.
(B) Any unobligated balances available until
expended remaining or subsequently recaptured from
amounts appropriated for any disaster and related
purposes under the heading ``Community Development
Fund'' in any Act prior to the establishment of the
Fund.
(3) Use of transferred amounts.--Amounts transferred to the
Fund shall be used for the eligible uses described in
subsection (c).
(c) Eligible Uses of Fund.--
(1) In general.--Amounts in the Fund shall be available--
(A) to provide assistance in the form of grants
under section 123 of the Housing and Community
Development Act of 1974, as added by section 6; and
(B) for activities of the Department that support
the provision of such assistance, including necessary
salaries and expenses, information technology, capacity
building and technical assistance (including assistance
related to pre-disaster planning), and readiness and
other pre-disaster planning activities that are not
readily attributable to a single major disaster.
(2) Set aside.--Of each amount appropriated for or
transferred to the Fund, 2 percent shall be made available for
activities described in paragraph (1)(B), which shall be in
addition to other amounts made available for those activities.
(3) Transfer of funds.--Amounts made available for use in
accordance with paragraph (2)--
(A) may be transferred to the account under the
heading for ``Program Offices--Community Planning and
Development'', or any successor account, for the
Department to carry out activities described in
paragraph (1)(B); and
(B) may be used for the activities described in
paragraph (1)(B) and for the administrative costs of
administering any funds appropriated to the Department
under the heading ``Community Planning and
Development--Community Development Fund'' for any major
disaster declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) in any Act before the establishment of
the Fund.
(d) Interchangeability of Prior Administrative Amounts.--Any
amounts appropriated in any Act prior to the establishment of the Fund
and transferred to the account under the heading ``Program Offices
Salaries and Expenses--Community Planning and Development'', or any
predecessor account, for the Department for the costs of administering
funds appropriated to the Department under the heading ``Community
Planning and Development--Community Development Fund'' for any major
disaster declared under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be available
for the costs of administering any such funds provided by any prior or
future Act, notwithstanding the purposes for which those amounts were
appropriated and in addition to any amount provided for the same
purposes in other appropriations Acts.
(e) Availability of Amounts.--Amounts appropriated, transferred,
and credited to the Fund shall remain available until expended.
(f) Formula Allocation.--Use of amounts in the Fund for grants
shall be made by formula allocation in accordance with the requirements
of section 123(a) of the Housing and Community Development Act of 1974,
as added by section 6.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to respond to
current or future major disasters declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5179) for grants under section 123 of the Housing and Community
Development Act of 1974, as added by section 6.
SEC. 6. ESTABLISHMENT OF CDBG DISASTER RECOVERY PROGRAM.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a))--
(A) in paragraph (20)--
(i) by redesignating subparagraph (B) as
subparagraph (C);
(ii) in subparagraph (C), as so
redesignated, by inserting ``or (B)'' after
``subparagraph (A)''; and
(iii) by inserting after subparagraph (A)
the following:
``(B) The term `persons of extremely low income' means
families and individuals whose income levels do not exceed
household income levels determined by the Secretary under
section 3(b)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(2)(C)), except that the Secretary may provide
alternative definitions for the Commonwealth of Puerto Rico,
Guam, the Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, and American Samoa.''; and
(B) by adding at the end the following:
``(25) The term `major disaster' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).'';
(2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
(A) in subparagraph (A)--
(i) by striking ``declared by the President
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act'';
(ii) inserting ``States for use in
nonentitlement areas and to'' before
``metropolitan cities''; and
(iii) inserting ``major'' after ``affected
by the'';
(B) in subparagraph (C)--
(i) by striking ``metropolitan city or''
and inserting ``State, metropolitan city, or'';
(ii) by striking ``city or county'' and
inserting ``State, city, or county''; and
(iii) by inserting ``major'' before
``disaster'';
(C) in subparagraph (D), by striking ``metropolitan
cities and'' and inserting ``States, metropolitan
cities, and'';
(D) in subparagraph (F)--
(i) by striking ``metropolitan city or''
and inserting ``State, metropolitan city, or'';
and
(ii) by inserting ``major'' before
``disaster''; and
(E) in subparagraph (G), by striking ``metropolitan
city or'' and inserting ``State, metropolitan city,
or'';
(3) in section 122 (42 U.S.C. 5321), by striking ``disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act'' and inserting ``major disaster'';
and
(4) by adding at the end the following:
``SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
PROGRAM.
``(a) Authorization, Formula, and Allocation.--
``(1) Authorization.--The Secretary is authorized to make
community development block grant disaster recovery grants from
the Long-Term Disaster Recovery Fund established under section
5 of the Reforming Disaster Recovery Act (hereinafter referred
to as the `Fund') for necessary expenses for activities
authorized under subsection (f)(1) related to disaster relief,
long-term recovery, restoration of housing and infrastructure,
economic revitalization, and mitigation in the most impacted
and distressed areas resulting from a catastrophic major
disaster.
``(2) Grant awards.--Grants shall be awarded under this
section to States, units of general local government, and
Indian tribes based on capacity and the concentration of
damage, as determined by the Secretary, to support the
efficient and effective administration of funds.
``(3) Section 106 allocations.--Grants under this section
shall not be considered relevant to the formula allocations
made pursuant to section 106.
``(4) Federal register notice.--
``(A) In general.--Not later than 30 days after the
date of enactment of this section, the Secretary shall
issue a notice in the Federal Register containing the
latest formula allocation methodologies used to
determine the total estimate of unmet needs related to
housing, economic revitalization, and infrastructure in
the most impacted and distressed areas resulting from a
catastrophic major disaster.
``(B) Public comment.--If the Secretary has not
already requested public comment on the formula
described in the notice required by subparagraph (A),
the Secretary shall solicit public comments on--
``(i) the methodologies described in
subparagraph (A) and seek alternative methods
for formula allocation within a similar total
amount of funding;
``(ii) the impact of formula methodologies
on rural areas and Tribal areas;
``(iii) adjustments to improve targeting to
the most serious needs;
``(iv) objective criteria for grantee
capacity and concentration of damage to inform
grantee determinations and minimum allocation
thresholds; and
``(v) research and data to inform an
additional amount to be provided for mitigation
depending on type of disaster, which shall be
not more than 30 percent of the total estimate
of unmet needs.
``(5) Regulations.--
``(A) In general.--The Secretary shall, by
regulation, establish a formula to allocate assistance
from the Fund to the most impacted and distressed areas
resulting from a catastrophic major disaster.
``(B) Formula requirements.--The formula
established under subparagraph (A) shall--
``(i) set forth criteria to determine that
a major disaster is catastrophic, which
criteria shall consider the presence of a high
concentration of damaged housing or businesses
that individual, State, Tribal, and local
resources could not reasonably be expected to
address without additional Federal assistance
or other nationally encompassing data that the
Secretary determines are adequate to assess
relative impact and distress across geographic
areas;
``(ii) include a methodology for
identifying most impacted and distressed areas,
which shall consider unmet serious needs
related to housing, economic revitalization,
and infrastructure;
``(iii) include an allocation calculation
that considers the unmet serious needs
resulting from the catastrophic major disaster
and an additional amount up to 30 percent for
activities to reduce risks of loss resulting
from other natural disasters in the most
impacted and distressed area, primarily for the
benefit of low- and moderate-income persons,
with particular focus on activities that reduce
repetitive loss of property and critical
infrastructure; and
``(iv) establish objective criteria for
periodic review and updates to the formula to
reflect changes in available science and data.
``(C) Minimum allocation threshold.--The Secretary
shall, by regulation, establish a minimum allocation
threshold.
``(D) Interim allocation.--Until such time that the
Secretary issues final regulations under this
paragraph, the Secretary shall--
``(i) allocate assistance from the Fund
using the formula allocation methodology
published in accordance with paragraph (4); and
``(ii) include an additional amount for
mitigation equal to 15 percent of the total
estimate of unmet need.
``(6) Allocation of funds.--
``(A) In general.--The Secretary shall--
``(i) except as provided in clause (ii),
not later than 90 days after the President
declares a major disaster, use best available
data to determine whether the major disaster is
catastrophic and qualifies for assistance under
the formula described in paragraph (4) or (5),
unless data is insufficient to make this
determination; and
``(ii) if the best available data is
insufficient to make the determination required
under clause (i) within the 90-day period
described in that clause, the Secretary shall
determine whether the major disaster qualifies
when sufficient data becomes available, but in
no case shall the Secretary make the
determination later than 120 days after the
declaration of the major disaster.
``(B) Announcement of allocation.--If amounts are
available in the Fund at the time the Secretary
determines that the major disaster is catastrophic and
qualifies for assistance under the formula described in
paragraph (4) or (5), the Secretary shall immediately
announce an allocation for a grant under this section.
``(C) Additional amounts.--If additional amounts
are appropriated to the Fund after amounts are
allocated under subparagraph (B), the Secretary shall
announce an allocation or additional allocation (if a
prior allocation under subparagraph (B) was less than
the formula calculation) within 15 days of any such
appropriation.
``(7) Preliminary funding.--
``(A) In general.--To speed recovery, the Secretary
is authorized to allocate and award preliminary grants
from the Fund before making a determination under
paragraph (6)(A) if the Secretary projects, based on a
preliminary assessment of impact and distress, that a
major disaster is catastrophic and would likely qualify
for funding under the formula described in paragraph
(4) or (5).
``(B) Amount.--
``(i) Maximum.--The Secretary may award
preliminary funding under subparagraph (A) in
an amount that is not more than $5,000,000.
``(ii) Sliding scale.--The Secretary shall,
by regulation, establish a sliding scale for
preliminary funding awarded under subparagraph
(A) based on the size of the preliminary
assessment of impact and distress.
``(C) Use of funds.--The uses of preliminary
funding awarded under subparagraph (A) shall be limited
to eligible activities that--
``(i) in the determination of the
Secretary, will support faster recovery,
improve the ability of the grantee to assess
unmet recovery needs, plan for the prevention
of improper payments, and reduce fraud, waste,
and abuse; and
``(ii) may include evaluating the interim
housing, permanent housing, and supportive
service needs of the disaster impacted
community, with special attention to vulnerable
populations, such as homeless and low- to
moderate-income households, to inform the
grantee action plan required under subsection
(c).
``(D) Consideration of funding.--Preliminary
funding awarded under subparagraph (A)--
``(i) is not subject to the certification
requirements of subsection (h)(1); and
``(ii) shall not be considered when
calculating the amount of the grant used for
administrative costs, technical assistance, and
planning activities that are subject to the
requirements under subsection (f)(2).
``(E) Waiver.--To expedite the use of preliminary
funding for activities described in this paragraph, the
Secretary may waive or specify alternative requirements
to the requirements of this section in accordance with
subsection (i).
``(F) Amended award.--
``(i) In general.--An award for preliminary
funding under subparagraph (A) may be amended
to add any subsequent amount awarded because of
a determination by the Secretary that a major
disaster is catastrophic and qualifies for
assistance under the formula.
``(ii) Applicability.--Notwithstanding
subparagraph (D), amounts provided by an
amendment under clause (i) are subject to the
requirements under subsections (f)(1) and
(h)(1) and other requirements on grant funds
under this section.
``(G) Technical assistance.--Concurrent with the
allocation of any preliminary funding awarded under
this paragraph, the Secretary shall assign or provide
technical assistance to the recipient of the grant.
``(b) Interchangeability.--
``(1) In general.--The Secretary is authorized to approve
the use of grants under this section to be used interchangeably
and without limitation for the same activities in the most
impacted and distressed areas resulting from a declaration of
another catastrophic major disaster that qualifies for
assistance under the formula established under paragraph (4) or
(5) of subsection (a) or a major disaster for which the
Secretary allocated funds made available under the heading
`Community Development Fund' in any Act prior to the
establishment of the Fund.
``(2) Requirements.--The Secretary shall establish
requirements to expedite the use of grants under this section
for the purpose described in paragraph (1).
``(3) Emergency designation.--Amounts repurposed pursuant
to this subsection that were previously designated by Congress
as an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 or a concurrent
resolution on the budget are designated by Congress as an
emergency requirement pursuant to section 4001(a)(1) of S. Con.
Res. 14 (117th Congress) and legislation establishing fiscal
year 2024 budget enforcement in the House of Representatives.
``(c) Grantee Plans.--
``(1) Requirement.--Not later than 90 days after the date
on which the Secretary announces a grant allocation under this
section, unless an extension is granted by the Secretary, the
grantee shall submit to the Secretary a plan for approval
describing--
``(A) the activities the grantee will carry out
with the grant under this section;
``(B) the criteria of the grantee for awarding
assistance and selecting activities;
``(C) how the use of the grant under this section
will address disaster relief, long-term recovery,
restoration of housing and infrastructure, economic
revitalization, and mitigation in the most impacted and
distressed areas;
``(D) how the use of the grant funds for mitigation
is consistent with hazard mitigation plans submitted to
the Federal Emergency Management Agency under section
322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165);
``(E) the estimated amount proposed to be used for
activities that will benefit persons of low and
moderate income;
``(F) how the use of grant funds will repair and
replace existing housing stock for vulnerable
populations, including low- to moderate-income
households;
``(G) how the grantee will address the priorities
described in paragraph (5);
``(H) how uses of funds are proportional to unmet
needs, as required under paragraph (6);
``(I) for State grantees that plan to distribute
grant amounts to units of general local government, a
description of the method of distribution; and
``(J) such other information as may be determined
by the Secretary in regulation.
``(2) Public consultation.--To permit public examination
and appraisal of the plan described in paragraph (1), to
enhance the public accountability of grantee, and to facilitate
coordination of activities with different levels of government,
when developing the plan or substantial amendments proposed to
the plan required under paragraph (1), a grantee shall--
``(A) publish the plan before adoption;
``(B) provide citizens, affected units of general
local government, and other interested parties with
reasonable notice of, and opportunity to comment on,
the plan, with a public comment period of not less than
14 days;
``(C) consider comments received before submission
to the Secretary;
``(D) follow a citizen participation plan for
disaster assistance adopted by the grantee that, at a
minimum, provides for participation of residents of the
most impacted and distressed area affected by the major
disaster that resulted in the grant under this section
and other considerations established by the Secretary;
and
``(E) undertake any consultation with interested
parties as may be determined by the Secretary in
regulation.
``(3) Approval.--The Secretary shall--
``(A) by regulation, specify criteria for the
approval, partial approval, or disapproval of a plan
submitted under paragraph (1), including approval of
substantial amendments to the plan;
``(B) review a plan submitted under paragraph (1)
upon receipt of the plan;
``(C) allow a grantee to revise and resubmit a plan
or substantial amendment to a plan under paragraph (1)
that the Secretary disapproves;
``(D) by regulation, specify criteria for when the
grantee shall be required to provide the required
revisions to a disapproved plan or substantial
amendment under paragraph (1) for public comment prior
to resubmission of the plan or substantial amendment to
the Secretary; and
``(E) approve, partially approve, or disapprove a
plan or substantial amendment under paragraph (1) not
later than 60 days after the date on which the plan or
substantial amendment is received by the Secretary.
``(4) Low- and moderate-income overall benefit.--
``(A) Use of funds.--Not less than 70 percent of a
grant made under this section shall be used for
activities that benefit persons of low and moderate
income unless the Secretary--
``(i) specifically finds that--
``(I) there is compelling need to
reduce the percentage for the grant;
and
``(II) the housing needs of low-
and moderate-income persons have been
addressed; and
``(ii) issues a waiver and alternative
requirement specific to the grant pursuant to
subsection (i) to lower the percentage.
``(B) Regulations.--The Secretary shall, by
regulation, establish protocols consistent with the
findings of section 2 of the Reforming Disaster
Recovery Act to prioritize the use of funds by a
grantee under this section to meet the needs of low-
and moderate-income persons and businesses serving
primarily persons of low and moderate income.
``(5) Prioritization.--The grantee shall prioritize
activities that--
``(A) assist persons with extremely low-, low-, and
moderate-incomes and other vulnerable populations to
better recover from and withstand future disasters,
emphasizing those with the most severe needs;
``(B) address affordable housing, including
affordable rental housing, needs arising from a
disaster, or those needs present prior to a disaster;
``(C) prolong the life of housing and
infrastructure;
``(D) use cost-effective means of preventing harm
to people and property and incorporate protective
features, redundancies, and energy savings; and
``(E) other measures that will assure the
continuation of critical services during future
disasters.
``(6) Proportional allocation.--
``(A) In general.--A grantee under this section
shall allocate grant funds proportional to unmet needs
between housing activities, economic revitalization,
and infrastructure, unless the Secretary--
``(i) specifically finds that--
``(I) there is a compelling need
for a disproportional allocation among
those unmet needs; and
``(II) the disproportional
allocation described in subclause (I)
is not inconsistent with the
requirements under paragraph (4); and
``(ii) issues a waiver and alternative
requirement pursuant to subsection (i) to allow
for the disproportional allocation described in
clause (i)(I).
``(B) Housing activities.--With respect to housing
activities described in subparagraph (A)(i), grantees
should address proportional needs between homeowners
and renters, including low-income households in public
housing and Federally subsidized housing.
``(7) Disaster risk mitigation.--
``(A) Definition.--In this paragraph, the term
`hazard-prone areas'--
``(i) means areas identified by the
Secretary, in consultation with the
Administrator of the Federal Emergency
Management Agency, at risk from natural hazards
that threaten property damage or health,
safety, and welfare, such as floods, wildfires
(including Wildland-Urban Interface areas),
earthquakes, lava inundation, tornados, and
high winds; and
``(ii) includes areas having special flood
hazards as identified under the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4002 et seq.)
or the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
``(B) Hazard-prone areas.--The Secretary, in
consultation with the Administrator of the Federal
Emergency Management Agency, shall establish minimum
construction standards, insurance purchase
requirements, and other requirements for the use of
grant funds in hazard-prone areas.
``(C) Special flood hazards.--
``(i) In general.--For the areas described
in subparagraph (A)(ii), the insurance purchase
requirements established under subparagraph (B)
shall meet or exceed the requirements under
section 102(a) of the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4012a(a)).
``(ii) Treatment as financial assistance.--
All grants under this section shall be treated
as financial assistance for purposes of section
3(a)(3) of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4003(a)(3)).
``(D) Consideration of future risks.--The Secretary
may consider future risks to protecting property and
health, safety, and general welfare, and the likelihood
of those risks, when making the determination of or
modification to hazard-prone areas under this
paragraph.
``(8) Relocation.--
``(A) In general.--The Uniform Relocation
Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.) shall apply to
activities assisted under this section to the extent
determined by the Secretary in regulation, or as
provided in waivers or alternative requirements
authorized in accordance with subsection (i).
``(B) Policy.--Each grantee under this section
shall establish a relocation assistance policy that--
``(i) minimizes displacement and describes
the benefits available to persons displaced as
a direct result of acquisition, rehabilitation,
or demolition in connection with an activity
that is assisted by a grant under this section;
and
``(ii) includes any appeal rights or other
requirements that the Secretary establishes by
regulation.
``(d) Certifications.--Any grant under this section shall be made
only if the grantee certifies to the satisfaction of the Secretary
that--
``(1) the grantee is in full compliance with the
requirements under subsection (c)(2);
``(2) for grants other than grants to Indian tribes, the
grant will be conducted and administered in conformity with the
Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair
Housing Act (42 U.S.C. 3601 et seq.);
``(3) the projected use of funds has been developed so as
to give maximum feasible priority to activities that will
benefit extremely low-, low-, and moderate-income families and
activities described in subsection (c)(5), and may also include
activities that are designed to aid in the prevention or
elimination of slum and blight to support disaster recovery,
meet other community development needs having a particular
urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community
where other financial resources are not available to meet such
needs, and alleviate future threats to human populations,
critical natural resources, and property that an analysis of
hazards shows are likely to result from natural disasters in
the future;
``(4) the grant funds shall principally benefit persons of
low and moderate income as described in subsection (c)(4);
``(5) for grants other than grants to Indian Tribes, within
24 months of receiving a grant or at the time of its 3- or 5-
year update, whichever is sooner, the grantee will review and
make modifications to its non-disaster housing and community
development plans and strategies required by subsections (c)
and (m) of section 104 to reflect the disaster recovery needs
identified by the grantee and consistency with the plan under
subsection (c)(1);
``(6) the grantee will not attempt to recover any capital
costs of public improvements assisted in whole or part under
this section by assessing any amount against properties owned
and occupied by persons of low and moderate income, including
any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless--
``(A) funds received under this section are used to
pay the proportion of such fee or assessment that
relates to the capital costs of such public
improvements that are financed from revenue sources
other than under this chapter; or
``(B) for purposes of assessing any amount against
properties owned and occupied by persons of moderate
income, the grantee certifies to the Secretary that the
grantee lacks sufficient funds received under this
section to comply with the requirements of subparagraph
(A);
``(7) the grantee will comply with the other provisions of
this title that apply to assistance under this section and with
other applicable laws;
``(8) the grantee will follow a relocation assistance
policy that includes any minimum requirements identified by the
Secretary; and
``(9) the grantee will adhere to construction standards,
insurance purchase requirements, and other requirements for
development in hazard-prone areas described in subsection
(c)(7).
``(e) Performance Reviews and Reporting.--
``(1) In general.--The Secretary shall, on not less
frequently than an annual basis, make such reviews and audits
as may be necessary or appropriate to determine whether a
grantee under this section has--
``(A) carried out activities using grant funds in a
timely manner;
``(B) met the performance targets established by
paragraph (2);
``(C) carried out activities using grant funds in
accordance with the requirements of this section, the
other provisions of this title that apply to assistance
under this section, and other applicable laws; and
``(D) a continuing capacity to carry out activities
in a timely manner.
``(2) Performance targets.--The Secretary shall develop and
make publicly available critical performance targets for
review, which shall include spending thresholds for each year
from the date on which funds are obligated by the Secretary to
the grantee until such time all funds have been expended.
``(3) Failure to meet targets.--
``(A) Suspension.--If a grantee under this section
fails to meet 1 or more critical performance targets
under paragraph (2), the Secretary may temporarily
suspend the grant.
``(B) Performance improvement plan.--If the
Secretary suspends a grant under subparagraph (A), the
Secretary shall provide to the grantee a performance
improvement plan with the specific requirements needed
to lift the suspension within a defined time period.
``(C) Report.--If a grantee fails to meet the
spending thresholds established under paragraph (2),
the grantee shall submit to the Secretary, the
appropriate committees of Congress, and each member of
Congress who represents a district or State of the
grantee a written report identifying technical
capacity, funding, or other Federal or State
impediments affecting the ability of the grantee to
meet the spending thresholds.
``(4) Collection of information and reporting.--
``(A) Requirement to report.--A grantee under this
section shall provide to the Secretary such information
as the Secretary may determine necessary for adequate
oversight of the grant program under this section.
``(B) Public availability.--Subject to subparagraph
(D), the Secretary shall make information submitted
under subparagraph (A) available to the public and to
the Inspector General for the Department of Housing and
Urban Development, disaggregated by activity, income,
geography, and all classes of individuals protected
under section 109 and the Fair Housing Act.
``(C) Summary status reports.--To increase
transparency and accountability of the grant program
under this section the Secretary shall, on not less
frequently than an annual basis, post on a public
facing dashboard summary status reports for all active
grants under this section that includes--
``(i) the status of funds by activity;
``(ii) the percentages of funds allocated
and expended to benefit low- and moderate-
income communities;
``(iii) performance targets, spending
thresholds, and accomplishments; and
``(iv) other information the Secretary
determines to be relevant for transparency.
``(D) Considerations.--In carrying out this
paragraph, the Secretary--
``(i) shall take such actions as may be
necessary to ensure that personally
identifiable information regarding applicants
for assistance provided from funds made
available under this section is not made
publicly available; and
``(ii) may make full and unredacted
information available to academic institutions
for the purpose of researching into the
equitable distribution of recovery funds and
adherence to civil rights protections.
``(f) Eligible Activities.--
``(1) In general.--Activities assisted under this section--
``(A) may include activities permitted under
section 105 or other activities permitted by the
Secretary by waiver or alternative requirement pursuant
to subsection (i); and
``(B) shall be related to disaster relief, long-
term recovery, restoration of housing and
infrastructure, economic revitalization, and mitigation
in the most impacted and distressed areas resulting
from the major disaster for which the grant was
awarded.
``(2) Prohibition.--Grant funds under this section may not
be used for costs reimbursable by, or for which funds have been
made available by, the Federal Emergency Management Agency, or
the United States Army Corps of Engineers.
``(3) Administrative costs, technical assistance and
planning.--
``(A) In general.--The Secretary shall establish in
regulation the maximum grant amounts a grantee may use
for administrative costs, technical assistance and
planning activities, taking into consideration size of
grant, complexity of recovery, and other factors as
determined by the Secretary, but not to exceed 10
percent for administration and 20 percent in total.
``(B) Availability.--Amounts available for
administrative costs for a grant under this section
shall be available for eligible administrative costs of
the grantee for any grant made under this section,
without regard to a particular disaster.
``(4) Program income.--Notwithstanding any other provision
of law, any grantee under this section may retain program
income that is realized from grants made by the Secretary under
this section if the grantee agrees that the grantee will
utilize the program income in accordance with the requirements
for grants under this section, except that the Secretary may--
``(A) by regulation, exclude from consideration as
program income any amounts determined to be so small
that compliance with this paragraph creates an
unreasonable administrative burden on the grantee; or
``(B) permit the grantee to transfer remaining
program income to the other grants of the grantee under
this title upon closeout of the grant.
``(5) Prohibition on use of assistance for employment
relocation activities.--
``(A) In general.--Grants under this section may
not be used to assist directly in the relocation of any
industrial or commercial plant, facility, or operation,
from one area to another area, if the relocation is
likely to result in a significant loss of employment in
the labor market area from which the relocation occurs.
``(B) Applicability.--The prohibition under
subparagraph (A) shall not apply to a business that was
operating in the disaster-declared labor market area
before the incident date of the applicable disaster and
has since moved, in whole or in part, from the affected
area to another State or to a labor market area within
the same State to continue business.
``(6) Requirements.--Grants under this section are subject
to the requirements of this section, the other provisions of
this title that apply to assistance under this section, and
other applicable laws, unless modified by waivers or
alternative requirements in accordance with subsection (i).
``(g) Environmental Review.--
``(1) Adoption.--A recipient of funds provided under this
section that uses the funds to supplement Federal assistance
provided under section 203, 402, 403, 404, 406, 407, 408(c)(4),
428, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172,
5173, 5174(c)(4), 5189f, 5192) may adopt, without review or
public comment, any environmental review, approval, or permit
performed by a Federal agency, and that adoption shall satisfy
the responsibilities of the recipient with respect to the
environmental review, approval, or permit under section
104(g)(1).
``(2) Approval of release of funds.--Notwithstanding
section 104(g)(2), the Secretary or a State may, upon receipt
of a request for release of funds and certification,
immediately approve the release of funds for an activity or
project to be assisted under this section if the recipient has
adopted an environmental review, approval, or permit under
paragraph (1) or the activity or project is categorically
excluded from review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Units of general local government.--The provisions of
section 104(g)(4) shall apply to assistance under this section
that a State distributes to a unit of general local government.
``(h) Financial Controls and Procedures.--
``(1) In general.--The Secretary shall develop requirements
and procedures to demonstrate that a grantee under this
section--
``(A) has adequate financial controls and
procurement processes;
``(B) has adequate procedures to detect and prevent
fraud, waste, abuse, and duplication of benefit; and
``(C) maintains a comprehensive and publicly
accessible website.
``(2) Certification.--Before making a grant under this
section, the Secretary shall certify that the grantee has in
place proficient processes and procedures to comply with the
requirements developed under paragraph (1), as determined by
the Secretary.
``(3) Compliance before allocation.--The Secretary may
permit a State, unit of general local government, or Indian
tribe to demonstrate compliance with the requirements for
adequate financial controls developed under paragraph (1)
before a disaster occurs and before receiving an allocation for
a grant under this section.
``(4) Duplication of benefits.--
``(A) In general.--Funds made available under this
section shall be used in accordance with section 312 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155), as amended by section
1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254), and such rules as
may be prescribed under such section 312.
``(B) Penalties.--In any case in which the use of
grant funds under this section results in a prohibited
duplication of benefits, the grantee shall--
``(i) apply an amount equal to the
identified duplication to any allowable costs
of the award consistent with actual, immediate
cash requirement;
``(ii) remit any excess amounts to the
Secretary to be credited to the obligated,
undisbursed balance of the grant consistent
with requirements on Federal payments
applicable to such grantee; and
``(iii) if excess amounts under clause (ii)
are identified after the period of performance
or after the closeout of the award, remit such
amounts to the Secretary to be credited to the
Fund.
``(C) Failure to comply.--Any grantee provided
funds under this section or from prior Appropriations
Acts under the heading `Community Development Fund' for
purposes related to major disasters that fails to
comply with section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155) or fails to satisfy penalties to resolve a
duplication of benefits shall be subject to remedies
for noncompliance under section 111, unless the
Secretary publishes a determination in the Federal
Register that it is not in the best interest of the
Federal Government to pursue remedial actions.
``(i) Waivers.--
``(1) In general.--In administering grants under this
section, the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the
obligation by the Secretary or the use by the grantee of those
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and the
requirements of this section that do not expressly authorize
modifications by waiver or alternative requirement), if the
Secretary makes a public finding that good cause exists for the
waiver or alternative requirement and the waiver or alternative
requirement would not be inconsistent with the findings in
section 2 of the Reforming Disaster Recovery Act.
``(2) Effective date.--A waiver or alternative requirement
described in paragraph (1) shall not take effect before the
date that is 5 days after the date of publication of the waiver
or alternative requirement on the website of the Department of
Housing and Urban Development or the effective date for any
regulation published in the Federal Register.
``(3) Public notification.--The Secretary shall notify the
public of all waivers or alternative requirements described in
paragraph (1) in accordance with the requirements of section
7(q)(3) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)(3)).
``(j) Unused Amounts.--
``(1) Deadline to use amounts.--A grantee under this
section shall use an amount equal to the grant within 6 years
beginning on the date on which the Secretary obligates the
amounts to the grantee, as such period may be extended under
paragraph (4).
``(2) Recapture.--The Secretary shall recapture and credit
to the Fund any amount that is unused by a grantee under this
section upon the earlier of--
``(A) the date on which the grantee notifies the
Secretary that the grantee has completed all activities
identified in the disaster grantee's plan under
subsection (c); or
``(B) the expiration of the 6-year period described
in paragraph (1), as such period may be extended under
paragraph (4).
``(3) Retention of funds.--Notwithstanding paragraph (1),
the Secretary may allow a grantee under this section to
retain--
``(A) amounts needed to close out grants; and
``(B) up to 10 percent of the remaining funds to
support maintenance of the minimal capacity to launch a
new program in the event of a future disaster and to
support pre-disaster long-term recovery and mitigation
planning.
``(4) Extension of period for use of funds.--The Secretary
may extend the 6-year period described in paragraph (1) by not
more than 4 years, or not more than 6 years for mitigation
activities, if--
``(A) the grantee submits to the Secretary--
``(i) written documentation of the exigent
circumstances impacting the ability of the
grantee to expend funds that could not be
anticipated; or
``(ii) a justification that such request is
necessary due to the nature and complexity of
the program and projects; and
``(B) the Secretary submits a written justification
for the extension to the Committees on Appropriations
of Senate and the House of Representatives that
specifies the period of that extension.''.
SEC. 7. REGULATIONS.
(a) Proposed Rules.--Following consultation with the Federal
Emergency Management Agency, the Small Business Administration, and
other Federal agencies, not later than 6 months after the date of
enactment of this Act, the Secretary shall issue proposed rules to
carry out this Act and the amendments made by this Act and shall
provide a 90-day period for submission of public comments on those
proposed rules.
(b) Final Rules.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue final regulations to carry out
section 123 of the Housing and Community Development Act of 1974, as
added by section 6.
SEC. 8. COORDINATION OF DISASTER RECOVERY ASSISTANCE, BENEFITS, AND
DATA WITH OTHER FEDERAL AGENCIES.
(a) Coordination of Disaster Recovery Assistance.--In order to
ensure a comprehensive approach to Federal disaster relief, long-term
recovery, restoration of housing and infrastructure, economic
revitalization, and mitigation in the most impacted and distressed
areas resulting from a catastrophic major disaster, the Secretary shall
coordinate with the Federal Emergency Management Agency, to the
greatest extent practicable, in the implementation of assistance
authorized under section 123 of the Housing and Community Development
Act of 1974, as added by section 6.
(b) Data Sharing Agreements.--To support the coordination of data
to prevent duplication of benefits with other Federal disaster recovery
programs while also expediting recovery and reducing burden on disaster
survivors, the Department shall establish data sharing agreements that
safeguard privacy with relevant Federal agencies to ensure disaster
benefits effectively and efficiently reach intended beneficiaries,
while using effective means of preventing harm to people and property.
(c) Data Transfer From FEMA and SBA to HUD.--As permitted and
deemed necessary for efficient program execution, and consistent with a
computer matching agreement entered into under subsection (f)(1), the
Administrator of the Federal Emergency Management Agency and the
Administrator of the Small Business Administration shall provide data
on disaster applicants to the Department, including, when necessary,
personally identifiable information, disaster recovery needs, and
resources determined eligible for, and amounts expended, to the
Secretary for all major disasters declared by the President pursuant to
section 401 of Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) for the purpose of providing additional
assistance to disaster survivors and prevent duplication of benefits.
(d) Data Transfers From HUD to HUD Grantees.--The Secretary is
authorized to provide to grantees under section 123 of the Housing and
Community Development Act of 1974, as added by section 6, offices of
the Department, technical assistance providers, and lenders information
that in the determination of the Secretary is reasonably available and
appropriate to inform the provision of assistance after a major
disaster, including information provided to the Secretary by the
Administrator of the Federal Emergency Management Agency, the
Administrator of the Small Business Administration, or other Federal
agencies.
(e) Data Transfers From HUD Grantees to HUD, FEMA, and SBA.--
(1) Reporting.--Grantees under section 123 of the Housing
and Community Development Act of 1974, as added by section 6,
shall report information requested by the Secretary on
households, businesses, and other entities assisted and the
type of assistance provided.
(2) Sharing information.--The Secretary shall share
information collected under paragraph (1) with the Federal
Emergency Management Agency, the Small Business Administration,
and other Federal agencies to support the planning and delivery
of disaster recovery and mitigation assistance and other
related purposes.
(f) Privacy Protection.--The Secretary may make and receive data
transfers authorized under this section, including the use and
retention of that data for computer matching programs, to inform the
provision of assistance, assess disaster recovery needs, and prevent
the duplication of benefits and other waste, fraud, and abuse, provided
that--
(1) the Secretary enters an information sharing agreement
or a computer matching agreement, when required by section 522a
of title 5, United States Code (commonly known as the ``Privacy
Act of 1974''), with the Administrator of the Federal Emergency
Management Agency, the Administrator of the Small Business
Administration, or other Federal agencies covering the transfer
of data;
(2) the Secretary publishes intent to disclose data in the
Federal Register;
(3) notwithstanding paragraphs (1) and (2), section 552a of
title 5, United States Code, or any other law, the Secretary is
authorized to share data with an entity identified in
subsection (d), and the entity is authorized to use the data as
described in this section, if the Secretary enters a data
sharing agreement with the entity before sharing or receiving
any information under transfers authorized by this section,
which data sharing agreement shall--
(A) in the determination of the Secretary, include
measures adequate to safeguard the privacy and
personally identifiable information of individuals; and
(B) include provisions that describe how the
personally identifiable information of an individual
will be adequately safeguarded and protected, which
requires consultation with the Secretary and the head
of each Federal agency the data of which is being
shared subject to the agreement.
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118S1687 | BENES 2.0 Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1687 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1687
To amend title XVIII of the Social Security Act to establish a system
to notify individuals approaching Medicare eligibility.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Casey (for himself, Mr. Young, Ms. Stabenow, Ms. Collins, Ms.
Sinema, Mr. Scott of South Carolina, Mr. Brown, Mr. Sullivan, Ms.
Smith, and Mr. Braun) 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 system
to notify individuals approaching Medicare eligibility.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beneficiary Enrollment Notification
and Eligibility Simplification 2.0 Act'' or the ``BENES 2.0 Act''.
SEC. 2. BENEFICIARY ENROLLMENT NOTIFICATION AND ELIGIBILITY
SIMPLIFICATION.
(a) Eligibility and Enrollment Notices.--
(1) As part of social security account statement for
individuals attaining ages 60 to 65.--
(A) In general.--Section 1143(a) of the Social
Security Act (42 U.S.C. 1320b-13(a)) is amended by
adding at the end the following new paragraph:
``(4) Medicare eligibility information.--
``(A) In general.--In the case of statements
provided on or after the date that is 2 years after the
date of the enactment of this paragraph to individuals
who are attaining ages 60, 61, 62, 63, 64, and 65, the
statement shall also include a notice containing the
information described in subparagraph (B).
``(B) Contents of notice.--The notice required
under subparagraph (A) shall include a clear, simple
explanation of--
``(i) eligibility for benefits under the
Medicare program under title XVIII, and in
particular benefits under part B of such title;
``(ii) the reasons a late enrollment
penalty for failure to timely enroll could be
assessed and how such late enrollment penalty
is calculated, in particular for benefits under
such part B;
``(iii) the availability of relief from
such late enrollment penalty and retroactive
enrollment under section 1837(h) (including as
such section is applied under sections 1818(c)
and 1818A(c)(3)), with examples of
circumstances under which such relief may be
granted and examples of circumstances under
which such relief would not be granted;
``(iv) coordination of benefits (including
primary and secondary coverage scenarios)
pursuant to section 1862(b), in particular for
benefits under such part B;
``(v) enrollment, eligibility, and
coordination of benefits under title XVIII with
respect to populations, for whom there are
special considerations, such as residents of
Puerto Rico and veterans; and
``(vi) online resources and toll-free
telephone numbers of the Social Security
Administration and the Centers for Medicare &
Medicaid Services (including 1-800-MEDICARE and
the national toll-free number of the Social
Security Administration) that provide
information on eligibility for benefits under
the Medicare program under title XVIII.
``(C) Development of notice.--
``(i) In general.--The Secretary, in
coordination with the Commissioner of Social
Security, and taking into consideration
information collected pursuant to clause (ii),
shall, not later than 12 months after the last
day of the period for the request of
information described in clause (ii), develop
the notice to be provided pursuant to
subparagraph (A).
``(ii) Request for information.--Not later
than 6 months after the date of the enactment
of this paragraph, the Secretary shall request
written information, including recommendations,
from stakeholders (including the groups
described in subparagraph (D)) on the
information to be included in the notice.
``(iii) Notice improvement.--Beginning 4
years after the date of the enactment of this
paragraph, and not less than once every 2 years
thereafter, the Secretary, in coordination with
the Commissioner of Social Security, shall--
``(I) review the content of the
notice to be provided under
subparagraph (A);
``(II) request written information,
including recommendations, on such
notice through a request for
information process as described in
clause (ii); and
``(III) update and revise such
notice as the Secretary deems
appropriate.
``(D) Groups.--For purposes of subparagraph
(C)(ii), the groups described in this subparagraph
include the following:
``(i) Individuals who are 60 years of age
or older.
``(ii) Veterans.
``(iii) Individuals with disabilities.
``(iv) Individuals with end stage renal
disease.
``(v) Low-income individuals and families.
``(vi) Employers (including human resources
professionals).
``(vii) States (including representatives
of State-run Health Insurance Exchanges,
Medicaid offices, and Departments of
Insurance).
``(viii) State Health Insurance Assistance
Programs.
``(ix) Health insurers.
``(x) Health insurance agents and brokers.
``(xi) Such other groups as specified by
the Secretary.
``(E) Posting of notice on websites.--The
Commissioner of Social Security and the Secretary shall
post the notice required under subparagraph (A) on the
public internet website of the Social Security
Administration and on Medicare.gov (or a successor
website), respectively.
``(F) No effect on obligation to mail statements.--
Nothing in this paragraph shall be construed to relieve
the Commissioner of Social Security from any
requirement under subsection (c), including the
requirement to mail a statement on an annual basis to
each eligible individual who is not receiving benefits
under title II and for whom a mailing address can be
determined through such methods as the Commissioner
determines to be appropriate.''.
(B) Timing of statements.--Section 1143(c)(2) of
the Social Security Act (42 U.S.C. 1320b-13(c)(2)) is
amended by adding at the end the following new
sentence: ``With respect to statements provided to
individuals who are attaining age 65, as described in
subsection (a)(4), such statements shall be mailed not
earlier than 6 months and not later than 3 months
before the individual attains such age.''.
(2) Social security beneficiaries.--Title XI of the Social
Security Act (42 U.S.C. 1301 et seq.) is amended by inserting
after section 1144 the following new section:
``SEC. 1144A. MEDICARE ENROLLMENT NOTIFICATION AND ELIGIBILITY NOTICES
FOR SOCIAL SECURITY BENEFICIARIES PRIOR TO MEDICARE
ELIGIBILITY.
``(a) Notices.--
``(1) In general.--The Commissioner of Social Security
shall distribute the notice to be provided pursuant to section
1143(a)(4), as may be modified under paragraph (2), to
individuals entitled to monthly insurance benefits under title
II in accordance with subsection (b).
``(2) Authority to modify notice.--The Secretary, in
coordination with the Commissioner of Social Security, may
modify the notice to be distributed under paragraph (1) as
necessary to take into account the individuals described in
such paragraph.
``(3) Posting of notice on websites.--The Commissioner of
Social Security and the Secretary shall post the notice
required to be distributed under paragraph (1) on the public
internet website of the Social Security Administration and on
Medicare.gov (or a successor website), respectively.
``(b) Timing.--Beginning not later than 2 years after the date of
the enactment of this section, a notice required under subsection
(a)(1) shall be mailed to an individual described in such subsection--
``(1) in the third month before the date on which such
individual's initial enrollment period begins as provided under
section 1837; and
``(2) in the case of an individual with respect to whom
section 226(b) applies (except for an individual who will
attain age 65 during the 24 month period described in such
section), in the month before such date on which such
individual's initial enrollment period so begins.''.
<all>
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118S1689 | Combatting Fentanyl Trafficking from China and Mexico Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1689 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1689
To prioritize efforts of the Department of State to combat
international trafficking in precursor chemicals and covered synthetic
drugs with the Government of Mexico, to provide for the imposition of
sanctions with respect to persons of the People's Republic of China
contributing to international proliferation of illicit drugs or their
means of production, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Murphy (for himself and Mr. Hagerty) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prioritize efforts of the Department of State to combat
international trafficking in precursor chemicals and covered synthetic
drugs with the Government of Mexico, to provide for the imposition of
sanctions with respect to persons of the People's Republic of China
contributing to international proliferation of illicit drugs or their
means of production, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combatting Fentanyl Trafficking from
China and Mexico Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Controlled substance; controlled substance analogue.--
The terms ``controlled substance'' and ``controlled substance
analogue'' have the meanings given those terms in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(2) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance or synthetic
controlled substance analogue, including fentanyl or a
fentanyl analogue; or
(B) a new psychoactive substance.
(3) Major drug-transit country; major illicit drug
producing country.--The terms ``major drug-transit country''
and ``major illicit drug producing country'' have the meanings
given those terms in section 481(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291(e)).
(4) New psychoactive substance.--The term ``new
psychoactive substance'' means a substance of abuse, or any
preparation thereof, that--
(A) is not--
(i) included in any schedule as a
controlled substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.); or
(ii) controlled by the Single Convention on
Narcotic Drugs, done at New York March 30,
1961, or the Convention on Psychotropic
Substances, done at Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.
(5) Precursor chemical.--The term ``precursor chemical''
has the meaning given the term ``listed chemical'' in section
102 of the Controlled Substances Act (21 U.S.C. 802).
SEC. 3. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO COMBAT
INTERNATIONAL TRAFFICKING IN PRECURSOR CHEMICALS AND
COVERED SYNTHETIC DRUGS WITH THE GOVERNMENT OF MEXICO.
(a) In General.--The Secretary of State shall prioritize efforts of
the Department of State to combat international trafficking of
precursor chemicals and covered synthetic drugs by carrying out
programs and activities that include the following:
(1) Strengthening law enforcement capabilities, rule of
law, and other security-related efforts to strengthen
counterdrug institutions and initiatives outlined in the United
States-Mexico Bicentennial Framework for Security, Public
Health, and Safe Communities and the North American Drug
Dialogue.
(2) Strengthening joint bilateral efforts between the
United States and Mexico to, among other issues--
(A) combat covered synthetic drugs and the illicit
production of other drugs;
(B) better understand and reduce demand for drugs
in the United States and Mexico;
(C) increase interdiction of precursor chemicals
and covered synthetic drugs;
(D) pursue prosecutions of transnational criminal
organizations and illicit financing of those
organizations; and
(E) reduce the number of illicit firearms crossing
the border between the United States and Mexico.
(3) Providing technical assistance and equipment, as
appropriate, to strengthen the capacity of enforcement agencies
of the Government of Mexico with respect to precursor chemicals
and covered synthetic drugs.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, 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.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS OF THE PEOPLE'S
REPUBLIC OF CHINA CONTRIBUTING TO INTERNATIONAL
PROLIFERATION OF ILLICIT DRUGS OR THEIR MEANS OF
PRODUCTION.
(a) In General.--The President may impose any of the sanctions
described in subsection (c) with respect to a foreign person described
in subsection (b) that is determined by the President--
(1) to have engaged in, or attempted to engage in,
activities or transactions that have materially contributed to,
or pose a significant risk of materially contributing to, the
international proliferation of illicit drugs or their means of
production;
(2) to have knowingly received any property or interest in
property that the foreign person knows--
(A) constitutes or is derived from proceeds of
activities or transactions described in paragraph (1);
or
(B) was used or intended to be used to commit or to
facilitate such activities or transactions;
(3) to have provided, or attempted to provide, financial,
material, or technological support for, or goods or services in
support of--
(A) any activity or transaction described in
paragraph (1); or
(B) any sanctioned person;
(4) to be or have been a leader or official of any
sanctioned person or of any foreign person described in
subsection (b) that has engaged in any activity or transaction
described in paragraph (1); or
(5) to be owned, controlled, or directed by, or to have
acted or purported to act for or on behalf of, directly or
indirectly, any sanctioned person.
(b) Foreign Persons Described.--A foreign person described in this
subsection is a foreign person that is--
(1) a citizen or national of the People's Republic of
China, including the Hong Kong Special Administrative Region;
or
(2) an entity organized under the laws of the People's
Republic of China (including the Hong Kong Special
Administrative Region) or otherwise subject to the jurisdiction
of the Government of the People's Republic of China.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President may, pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block and prohibit all transactions in property and
interests in property of the sanctioned person if such property
and interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) Banking transactions.--The President may prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the sanctioned
person.
(3) Loans from united states financial institutions.--The
President may prohibit any United States financial institution
from making loans or providing credit to the sanctioned person.
(4) Foreign exchange transactions.--The President may
prohibit any transactions in foreign exchange that are subject
to the jurisdiction of the United States and in which the
sanctioned person has any interest.
(5) Prohibition on investment in equity or debt of
sanctioned person.--The President may prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the sanctioned person.
(6) Prohibitions on financial institutions.--The President
may direct that the following prohibitions be imposed with
respect to a sanctioned person that is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
(7) Procurement ban.--The President may direct that the
United States Government may not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a leader,
official, senior executive officer, or director of, or a
shareholder with a controlling interest in, the sanctioned
person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the sanctioned person, or on individuals performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions described in paragraphs (1)
through (8) that are applicable.
(d) Inadmissibility of Certain Sanctioned Persons.--
(1) Visas, admission, or parole.--Except as provided by
paragraph (3), an alien with respect to whom the President
imposed sanctions under paragraph (1) or (8) of subsection (c)
shall be--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of any alien described in paragraph (1)
is subject to revocation regardless of the date on
which the visa or other entry documentation is or was
issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) cancel any other valid visa or entry
documentation that is in the possession of the
alien.
(3) Exceptions.--Paragraphs (1) and (2) shall not apply
with respect to the admission of an alien described in
paragraph (1) if the President determines that the admission of
the alien would not be contrary to the interests of the United
States, including if the President determines that the
admission of the alien would further important United States
law enforcement objectives.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(f) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence; national.--The terms ``admission'',
``admitted'', ``alien'', ``lawfully admitted for permanent
residence'', and ``national'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Financial institution.--The term ``financial
institution'' includes--
(A) a depository institution (as defined in section
3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)(1))), including a branch or agency of a foreign
bank (as defined in section 1(b)(7) of the
International Banking Act of 1978 (12 U.S.C. 3101(7)));
(B) a credit union;
(C) a securities firm, including a broker or
dealer;
(D) an insurance company, including an agency or
underwriter; and
(E) any other entity that provides financial
services.
(4) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States, if the individual does
not reside in the United States); or
(B) any entity not organized under the laws of the
United States or of any jurisdiction within the United
States.
(5) Knowingly; knows.--The terms ``knowingly'' and
``knows'', with respect to conduct, a circumstance, or a
result, means that a person has actual knowledge, or should
have known, of the conduct, the circumstance, or the result.
(6) Means of production.--The terms ``means of production''
includes any activities or transactions involving any
equipment, chemical, product, or material that may be used,
directly or indirectly, in the manufacture of illicit drugs or
precursor chemicals.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Proliferation of illicit drugs.--The term
``proliferation of illicit drugs'' means any illicit activity
to produce, manufacture, distribute, sell, or knowingly finance
or transport narcotic drugs, controlled substances, listed
chemicals, or controlled substance analogues, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(9) Sanctioned person.--The term ``sanctioned person''
means any person with respect to which sanctions are imposed
under this section.
(10) United states financial institution.--The term
``United States financial institution'' means a financial
institution (including its foreign branches)--
(A) organized under the laws of the United States
or of any jurisdiction within the United States; or
(B) located in the United States.
(11) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 5. AUTHORIZATION TO TERMINATE CERTAIN SANCTIONS AND EXPORT CONTROL
MEASURES IF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA TAKES CERTAIN COUNTERNARCOTICS MEASURES.
(a) In General.--If the President makes the determination described
in subsection (b), the President may--
(1) terminate the application of sanctions imposed with
respect to persons of the People's Republic of China under
section 2 or Executive Order 14059 (50 U.S.C. 1701 note;
relating to imposing sanctions on foreign persons involved in
the global illicit drug trade); and
(2) remove such persons from the Entity List maintained by
the Bureau of Industry and Security of the Department of
Commerce and set forth in Supplement No. 4 to part 744 of title
14, Code of Federal Regulations.
(b) Certification Described.--A determination described in this
subsection is a determination that, during the 12 months preceding the
determination, the Government of the People's Republic of China made
substantial efforts--
(1) to adhere to its obligations under international
counternarcotics agreements; and
(2) to take the counternarcotics measures described in
section 489(a)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(1)).
(c) Person of the People's Republic of China Defined.--In this
section, the term ``person of the People's Republic of China'' means--
(1) an individual who is a citizen or national of the
People's Republic of China; or
(2) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
SEC. 6. REPORTS ON AIRPORTS, PORTS, AND STATES IN MEXICO THAT ARE MAJOR
TRANSIT SITES FOR PRECURSOR CHEMICALS OR COVERED
SYNTHETIC DRUGS.
(a) Reports.--Not later than 90 days after any date on which the
President identifies Mexico as a major drug-transit country or major
illicit drug producing country under section 706(1) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(1)),
the President shall submit to the appropriate congressional committees
a report identifying--
(1) each airport and maritime port in Mexico that serves as
a major transit site or major producing site of precursor
chemicals or covered synthetic drugs; and
(2) each State in Mexico that serves as a major transit
State or major producing State of precursor chemicals or
covered synthetic drugs.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) International narcotics and law enforcement.--There is
authorized to be appropriated to the Secretary of State, for
each of fiscal years 2024 through 2027, $100,000,000 for
International Narcotics and Law Enforcement for Mexico.
(2) Gun trafficking.--There is authorized to be
appropriated to U.S. Customs and Border Protection, for each of
fiscal years 2024 through 2027, in addition to amounts
otherwise made available for such purposes, $50,000,000, which
shall be used--
(A) to interdict the outbound flow of smuggled
firearms and illicit currency that facilitate the
activities of transnational criminal organizations; and
(B) to increase the number of weapons and the
amount of currency being seized from individuals
attempting to smuggle such firearms and currency from
the United States to Mexico.
(3) Transnational criminal investigative unit.--There is
authorized to be appropriated to the Homeland Security
Investigations, for the period of fiscal years 2024 through
2027, $2,500,000, which shall be used to pay vetted members of
a Transnational Criminal Investigative Unit in Mexico a
monetary stipend in accordance with section 890C(d) of the
Homeland Security Act of 2022 (6 U.S.C. 475(d)), as added by
the Transnational Criminal Investigative Unit Stipend Act
(section 7105 of Public Law 117-263).
(b) Limitation on Use of Funds.--None of the amounts authorized to
be appropriated under subsection (a) may be obligated or expended until
the Secretary of State certifies and reports to Congress that the
Government of Mexico is taking sustained and effective steps--
(1) to increase bilateral law enforcement cooperation with
the United States to counter precursor chemicals and covered
synthetic drugs, including steps--
(A) to identify laboratories of covered synthetic
drugs and illicit production sites of those drugs;
(B) to identify routes used to transit precursor
chemicals and covered synthetic drugs;
(C) to increase interdiction of precursor chemicals
and covered synthetic drugs;
(D) to share samples of seized precursor chemicals
and covered synthetic drugs; and
(E) to pursue prosecutions of transnational
criminal organizations and illicit financing of those
organizations; and
(2) to increase cooperation in multilateral fora to address
precursor chemicals and covered synthetic drugs, including--
(A) the United Nations Commission on Narcotic
Drugs;
(B) the World Health Organization Expert Committee
on Drug Dependence;
(C) the International Narcotics Control Board; and
(D) the United Nations Office on Drugs and Crime.
<all>
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118S169 | Parental Rights Protection Act | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
]
] | <p><strong>Parental Rights Protection Act</strong></p> <p>This bill restricts government entities from requiring that individuals age 18 or younger receive certain COVID-19 vaccines that were authorized through emergency use and related procedures.</p> <p>Specifically, a federal, state, tribal, territorial, or local government entity (including a local educational agency) that receives funding from either the Department of Education or the Department of Health and Human Services may not require such COVID-19 vaccinations for individuals age 18 or younger. In particular, a local educational agency that mandates COVID-19 vaccinations for students loses its eligibility for federal education funding.</p> <p>The bill also requires the prior, informed, written consent of a parent or guardian before administration of such COVID-19 vaccines to an individual age 18 or younger.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 169 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 169
To prohibit certain COVID-19 vaccination mandates for minors, and to
require parental consent for COVID-19 vaccination of minors.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit certain COVID-19 vaccination mandates for minors, and to
require parental consent for COVID-19 vaccination of minors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Rights Protection Act''.
SEC. 2. PROHIBITIONS AGAINST COVID-19 VACCINATION MANDATES FOR MINORS.
(a) Prohibition Against Mandates.--Neither the Federal Government,
nor any agency, grantee, payee, or recipient, including any State,
local, Tribal, or territorial governmental entity (including any local
educational agency, as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)), that receives any
Federal funds from the Department of Education or the Department of
Health and Human Services may require or otherwise mandate that any
individual age 18 or younger receive a COVID-19 vaccine.
(b) Prohibition Against School Mandates.--
(1) In general.--A local educational agency (as defined in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) that imposes a mandate requiring any
students age 18 or younger to receive a COVID-19 vaccine shall
be subject to the penalty described in paragraph (2).
(2) Penalty.--A local educational agency that imposes a
mandate described in paragraph (1) shall not be eligible to
receive funding under part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) or
under part A of title II of such Act (20 U.S.C. 6611 et seq.)
beginning on the later of--
(A) the date of enactment of this Act; or
(B) the date on which such mandate becomes
effective.
(3) Resumed eligibility.--If a local educational agency
ends the mandate described in paragraph (1) that local
educational agency shall become eligible to receive the funding
described in paragraph (2) as of the date on which that mandate
is no longer effective.
SEC. 3. PARENTAL CONSENT FOR VACCINATION OF MINORS.
No COVID-19 vaccine may be administered to any individual age 18 or
younger unless a parent, guardian, conservator, or attorney-in-fact of
the minor provides prior, written, informed consent for the minor to
receive such vaccine.
SEC. 4. APPLICABLE VACCINES.
For purposes of sections 2 and 3, the term ``COVID-19 vaccine''
means any vaccine against COVID-19 that only received authorization by
the Food and Drug Administration through an emergency use authorization
pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-3), or that has received such authorization prior to
receiving full approval or licensure under section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the
Public Health Service Act (42 U.S.C. 262).
<all>
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118S1691 | HERMAN Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1691 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1691
To amend title XVIII of the Social Security Act to improve the
enrollment of retiring individuals in the Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Casey (for himself, Mr. Sullivan, and Mr. Braun) 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 improve the
enrollment of retiring individuals in 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 ``Healthcare Enrollment Reform
Modernization And Navigation Act'' or the ``HERMAN Act''.
SEC. 2. COORDINATION OF MEDICARE BENEFITS WITH OTHER HEALTH CARE
INSURANCE.
(a) In General.--Section 1862(b)(1)(A) of the Social Security Act
(42 U.S.C. 1395y(b)(1)(A)) is amended by adding at the end the
following new clause:
``(vi) Coordination of benefits with other
health care insurance.--Notwithstanding any
other provision of law, in the event that an
individual is enrolled in an employer group
health plan (including a multiemployer or
multiple employer group health plan) by virtue
of current employment status with an employer
that does not have 20 or more individuals in
current employment status for each working day
in each of 20 or more calendar weeks in the
current calendar year and the preceding
calendar year and the individual is eligible
but not enrolled in coverage under part B, such
employer group health plan shall not reduce
benefits under the plan with respect to the
individual on the basis that the individual
could have been enrolled in coverage under part
B. Nothing in the preceding sentence shall
require such employer group health plan to
provide coverage to an individual who elects to
enroll in coverage under part B or to prohibit
such plan from terminating such coverage or
reducing benefits if such individual makes such
election.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished on or after the date of the
enactment of this Act.
<all>
</pre></body></html>
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118S1693 | Forest Service Flexible Housing Partnerships Act of 2023 | [
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1693
To amend the Agriculture Improvement Act of 2018 to reauthorize Forest
Service flexible partnerships.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Bennet (for himself and Mr. Daines) 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 Forest
Service flexible partnerships.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Service Flexible Housing
Partnerships Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) housing is a challenge nationwide, especially in areas
within or adjacent to forests; and
(2) the Forest Service is a critical partner in addressing
housing needs for--
(A) individuals in areas described in paragraph
(1); and
(B) Forest Service employees.
SEC. 3. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
Section 8623 of the Agriculture Improvement Act of 2018 (16 U.S.C.
580d note; Public Law 115-334) is amended--
(1) in subsection (a)(2)(D), by striking ``dwelling;'' and
inserting ``dwelling or multiunit dwelling;'';
(2) in subsection (e)--
(A) in paragraph (3)(B)(ii)--
(i) in subclause (I), by inserting ``such
as housing,'' after ``improvements,'';
(ii) in subclause (II), by striking ``and''
at the end;
(iii) in subclause (III), by striking
``or'' at the end and inserting ``and''; and
(iv) by adding at the end the following:
``(IV) services occurring off of
the administrative site--
``(aa) that--
``(AA) occur on the
unit of the National
Forest System in which
the administrative site
is located; or
``(BB) benefit the
National Forest System;
and
``(bb) that support
activities occurring within the
unit of the National Forest
System in which the
administrative site is located;
or''; and
(B) by adding at the end the following:
``(6) Lease term.--
``(A) In general.--The term of a lease of an
administrative site under this section shall be up to
100 years.
``(B) Renewal.--A lease of an administrative site
under this section shall include a provision for
renewal of the lease if the use of the administrative
site, at the time of renewal, is in accordance with
this section.''; and
(3) in subsection (i), by striking ``2023'' each place it
appears and inserting ``2028''.
<all>
</pre></body></html>
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118S1694 | Federal Insurance Office Abolishment Act of 2023 | [
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1694 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1694
To abolish the Federal Insurance Office of the Department of the
Treasury, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Cruz (for himself 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 abolish the Federal Insurance Office of the Department of the
Treasury, and for other purposes.
Be it enacted by the Senate 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 Insurance Office Abolishment
Act of 2023''.
SEC. 2. ABOLISHMENT OF FEDERAL INSURANCE OFFICE.
(a) In General.--The Federal Insurance Office of the Department of
the Treasury, and the position of the Director of the Federal Insurance
Office, are hereby abolished.
(b) Amendment.--Title 31, United States Code, is amended--
(1) by striking section 313; and
(2) in the table of sections for subchapter I of chapter 3,
by striking the item relating to section 313.
(c) Treasury Authority.--This section, and the amendment made by
this section, may not be construed to repeal or otherwise limit any
authority of the Secretary of the Treasury with respect matters
relating to insurance.
SEC. 3. RELATED AMENDMENTS.
(a) Dodd-Frank Wall Street Reform and Consumer Protection Act
Amendments.--The Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5301 et seq.) is amended--
(1) in section 111(b)(2) (12 U.S.C. 5321(b)(2))--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (B), (C), and (D), respectively;
(2) in section 112 (12 U.S.C. 5322)--
(A) in subsection (a)(2)(A), by striking ``member
agencies, other Federal and State financial regulatory
agencies, the Federal Insurance Office'' and inserting
the following: ``member agencies and other Federal and
State financial regulatory agencies''; and
(B) in subsection (d)--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by striking ``the
Office of Financial Research, member agencies,
and the Federal Insurance Office'' and
inserting ``the Office of Financial Research
and member agencies''; and
(ii) in paragraph (2), by striking ``, any
member agency, and the Federal Insurance
Office,'' and inserting ``and any member
agency'';
(3) in section 165(i) (12 U.S.C. 5365(i))--
(A) in paragraph (1)(A), by striking ``and the
Federal Insurance Office'' and inserting ``and the
Secretary of the Treasury''; and
(B) in paragraph (2)(C), in the matter preceding
clause (i), by striking ``and the Federal Insurance
Office'' and inserting ``and the Secretary of the
Treasury''; and
(4) in section 203(a)(1)(C) (12 U.S.C. 5383(a)(1)(C))--
(A) in the first sentence--
(i) by striking ``the Director of the
Federal Insurance Office and''; and
(ii) by striking ``on their own
initiative'' and inserting ``on the initiative
of the Board of Governors''; and
(B) in the second sentence, by striking ``and the
affirmative approval of the Director of the Federal
Insurance Office''.
(b) Economic Growth, Regulatory Relief, and Consumer Protection Act
Amendments.--Section 211(a) of the Economic Growth, Regulatory Relief,
and Consumer Protection Act (31 U.S.C. 313 note) is amended--
(1) in paragraph (1), by striking ``the Secretary of the
Treasury, Board of Governors of the Federal Reserve System, and
Director of the Federal Insurance Office'' and inserting the
following: ``the Secretary of the Treasury and the Board of
Governors of the Federal Reserve System''; and
(2) in paragraph (2), by striking ``the Secretary of the
Treasury, the Board of Governors of the Federal Reserve System,
and the Director of the Federal Insurance Office'' each place
that term occurs and inserting the following: ``the Secretary
of the Treasury and the Board of Governors of the Federal
Reserve System''.
<all>
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118S1695 | American Infrastructure Bonds Act of 2023 | [
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"sponsor"
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] | <p><b>American Infrastructure Bonds Act of 2023</b></p> <p>This bill allows the issuer of an American infrastructure bond a tax credit for 28% of the interest payable under such bond.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1695 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1695
To amend the Internal Revenue Code of 1986 to provide a credit to
issuers of American infrastructure bonds.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Wicker (for himself, Mr. Bennet, Mrs. Britt, Mr. Coons, Ms. Cortez
Masto, Mr. Kaine, Mr. Kelly, and Ms. Stabenow) 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 a credit to
issuers of American infrastructure bonds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Infrastructure Bonds Act of
2023''.
SEC. 2. CREDIT FOR AMERICAN INFRASTRUCTURE BONDS ALLOWED TO ISSUERS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by inserting after section 6430 the following
new section:
``SEC. 6431. CREDIT TO ISSUER OF AMERICAN INFRASTRUCTURE BONDS.
``(a) In General.--The issuer of an American infrastructure bond
shall be allowed a credit with respect to each interest payment under
such bond which shall be payable by the Secretary as provided in
subsection (b).
``(b) Payment of Credit.--
``(1) In general.--The Secretary shall pay
(contemporaneously with each interest payment date under such
bond) to the issuer of such bond (or to any person who makes
such interest payments on behalf of the issuer) 28 percent of
the interest payable under such bond on such date.
``(2) Interest payment date.--For purposes of this
subsection, the term `interest payment date' means each date on
which the holder of record of the American infrastructure bond
is entitled to a payment of interest under such bond.
``(c) American Infrastructure Bond.--
``(1) In general.--For purposes of this section, the term
`American infrastructure bond' means any obligation if--
``(A) the interest on such obligation would (but
for this section) be excludable from gross income under
section 103,
``(B) the obligation is not a private activity
bond, and
``(C) the issuer makes an irrevocable election to
have this section apply.
``(2) Applicable rules.--For purposes of applying paragraph
(1)--
``(A) for purposes of section 149(b), a bond shall
not be treated as federally guaranteed by reason of the
credit allowed under this section, and
``(B) a bond shall not be treated as an American
infrastructure bond if the issue price has more than a
de minimis amount (determined under rules similar to
the rules of section 1273(a)(3)) of premium over the
stated principal amount of the bond.
``(d) Special Rules.--
``(1) Interest on american infrastructure bonds includible
in gross income for federal income tax purposes.--For purposes
of this title, interest on any American infrastructure bond
shall be includible in gross income.
``(2) Application of arbitrage rules.--For purposes of
section 148, the yield on an issue of American infrastructure
bonds shall be reduced by the credit allowed under this
section, except that no such reduction shall apply with respect
to determining the amount of gross proceeds of an issue that
qualifies as a reasonably required reserve or replacement fund.
``(e) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section.''.
(b) Conforming Amendments.--
(1) The table of sections for subchapter B of chapter 65 of
subtitle F of the Internal Revenue Code of 1986 is amended by
adding at the end the following new item:
``Sec. 6431. Credit to issuer of american infrastructure bonds.''.
(2) Subparagraph (A) of section 6211(b)(4) of such Code is
amended by inserting ``6431,'' after ``6428B,''.
(c) Transitional Coordination With State Law.--Except as otherwise
provided by a State after the date of the enactment of this Act, the
interest on any American infrastructure bond (as defined in section
6431 of the Internal Revenue Code of 1986 (as added by this Act)) and
the amount of any credit determined under such section with respect to
such bond shall be treated for purposes of the income tax laws of such
State as being exempt from Federal income tax.
(d) Adjustment to Payment to Issuers in Case of Sequestration.--
(1) In general.--In the case of any payment under
subsection (b) of section 6431 of the Internal Revenue Code of
1986 (as added by this Act) made after the date of enactment of
this Act to which sequestration applies, the amount of such
payment shall be increased to an amount equal to--
(A) such payment (determined before such
sequestration), multiplied by
(B) the quotient obtained by dividing the number 1
by the amount by which the number 1 exceeds the
percentage reduction in such payment pursuant to such
sequestration.
(2) Sequestration.--For purposes of this subsection, the
term ``sequestration'' means any reduction in direct spending
ordered in accordance with a sequestration report prepared by
the Director of the Office and Management and Budget pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985 or the Statutory Pay-As-You-Go Act of 2010 or future
legislation having similar effect.
(e) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of enactment of this Act.
<all>
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118S1699 | Tech to Save Moms Act | [
[
"M000639",
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1699 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1699
To support the use of technology in maternal health care, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Menendez (for himself, Mr. Booker, and Mr. Sullivan) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To support the use of technology in maternal health care, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tech to Save Moms Act''.
SEC. 2. 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 enactment of this Act.
SEC. 3. 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 the Tech to Save Moms 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 the Tech to Save Moms Act, 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. 4. GRANTS TO PROMOTE EQUITY IN MATERNAL HEALTH OUTCOMES THROUGH
DIGITAL TOOLS.
(a) In General.--Beginning not later than 1 year after the date of
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. 5. 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 section 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 subsection (b), and
submit to Congress a report on the results of the study, not later than
24 months after the date of enactment of this Act.
<all>
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118S17 | Sunlight for Unaccountable Non-profits (SUN) Act | [
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
]
] | <p><strong>Sunlight for Unaccountable Non-profits (SUN) Act </strong></p> <p>This bill expands the disclosure requirements for certain tax-exempt organizations. </p> <p>This bill requires the annual tax return information for tax-exempt organizations and deferred compensation plans to be made available to the public at no charge and in an open structured data format that is processable by computers, with the information easy to find, access, reuse, and download in bulk. </p> <p>The bill also requires the disclosure of the names and addresses of contributors of $5,000 or more to tax-exempt organizations that participate or intervene in political campaigns on behalf of, or in opposition to, any candidate for public office.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 17 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 17
To amend the Internal Revenue Code of 1986 to require that return
information from tax-exempt organizations be made available in a
searchable format and to provide the disclosure of the identity of
contributors to certain tax-exempt organizations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Tester (for himself, Mr. King, and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to require that return
information from tax-exempt organizations be made available in a
searchable format and to provide the disclosure of the identity of
contributors to certain tax-exempt organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight for Unaccountable Non-
profits (SUN) Act''.
SEC. 2. RETURN INFORMATION OF CERTAIN TAX-EXEMPT ORGANIZATIONS
AVAILABLE IN A SEARCHABLE FORMAT.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``made available to the public at such time
and in such places as the Secretary may prescribe.'' and inserting
``made available to the public at no charge and in an open, structured
data format that is processable by computers with the information easy
to find, access, reuse, and download in bulk.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns required to be filed after the date of the enactment of this
Act.
SEC. 3. AUTHORITY TO DISCLOSE CONTRIBUTORS TO CERTAIN TAX-EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``Nothing in this subsection shall
authorize the Secretary to disclose the name and address of any
contributor to any organization'' and inserting ``In the case of any
applicable organization or trust, such information shall include the
name and address of any qualified contributor to such organization
which is required to be included on the return and the total
contributions of such qualified contributor, but nothing in this
subsection shall authorize the Secretary to disclose the name or
address of any other contributor to such organization or any
contributor to any other organization''.
(b) Definitions.--Section 6104(b) of such Code is amended--
(1) by striking ``The information'' and inserting the
following:
``(1) In general.--The information'', and
(2) by adding at the end the following new paragraph:
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Applicable organization or trust.--The term
`applicable organization or trust' means any
organization or trust which--
``(i) indicates on an application (or
amendment to an application) for recognition of
exemption from tax under section 501(a) that
such organization has or plans to spend money
attempting to influence the selection,
nomination, election, or appointment of any
person to a public office,
``(ii) asserts on a return that such
organization participated in, or intervened in
(including through the publishing or
distributing of statements), a political
campaign on behalf of, or in opposition to, any
candidate for public office,
``(iii) has filed, or was required to file,
a statement or report under subsection (c) or
(g) of section 304 of the Federal Election
Campaign Act of 1974 with respect to
independent expenditures made during the
taxable year, or
``(iv) has filed, or was required to file,
a statement under section 304(f) of such Act
with respect to disbursements for
electioneering communications made during the
taxable year.
``(B) Qualified contributor.--The term `qualified
contributor' means, with respect to any applicable
organization or trust, any person who made aggregate
contributions (in money or other property) to such
applicable organization or trust during the taxable
year in an amount valued at $5,000 or more.''.
(c) Conforming Amendment.--Section 6104(d)(3)(A) of such Code is
amended by striking the first sentence and inserting the following:
``In the case of any applicable organization or trust (as defined in
subsection (b)(2)(A)), any copies of annual returns provided under
paragraph (1) shall include information relating to the name and
address of any qualified contributor (as defined in subsection
(b)(2)(B)) to such organization and the total contributions of such
qualified contributor, but nothing in such paragraph shall require the
disclosure of the name or address of any other contributor to such
organization or any contributor to any other organization (other than a
private foundation (within the meaning of section 509(a)) or political
organization exempt from taxation under section 527).''.
(d) Effective Date.--The amendments made by this section shall
apply to returns required to be filed after the date of the enactment
of this Act.
<all>
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118S170 | A bill to establish a Joint Select Committee on Afghanistan to conduct a full investigation and compile a joint report on the United States withdrawal from Afghanistan. | [
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[From the U.S. Government Publishing Office]
[S. 170 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 170
To establish a Joint Select Committee on Afghanistan to conduct a full
investigation and compile a joint report on the United States
withdrawal from Afghanistan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Scott of Florida (for himself, Mr. Hawley, Mr. Hoeven, Mr. Tillis,
Mr. Tuberville, Mr. Cassidy, Mr. Braun, and Mr. Cramer) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To establish a Joint Select Committee on Afghanistan to conduct a full
investigation and compile a joint report on the United States
withdrawal from Afghanistan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. JOINT SELECT COMMITTEE ON AFGHANISTAN.
(a) Establishment.--There is established a joint select committee
of Congress to be known as the ``Joint Select Committee on
Afghanistan'' (in this section referred to as the ``Joint Committee'').
(b) Membership.--
(1) In general.--The Joint Committee shall be composed of
12 members appointed pursuant to paragraph (2).
(2) Appointment.--Members of the Joint Committee shall be
appointed as follows:
(A) The majority leader of the Senate shall appoint
3 members from among Members of the Senate.
(B) The minority leader of the Senate shall appoint
3 members from among Members of the Senate.
(C) The Speaker of the House of Representatives
shall appoint 3 members from among Members of the House
of Representatives.
(D) The minority leader of the House of
Representatives shall appoint 3 members from among
Members of the House of Representatives.
(3) Co-chairs.--
(A) In general.--Two of the appointed members of
the Joint Committee shall serve as co-chairs. The
Speaker of the House of Representatives and the
majority leader of the Senate shall jointly appoint one
co-chair, and the minority leader of the House of
Representatives and the minority leader of the Senate
shall jointly appoint the second co-chair. The co-
chairs shall be appointed not later than 14 calendar
days after the date of the enactment of this Act.
(B) Staff director.--The co-chairs, acting jointly,
shall hire the staff director of the Joint Committee.
(4) Date.--Members of the Joint Committee shall be
appointed not later than 14 calendar days after the date of the
enactment of this Act.
(5) Period of appointment.--Members shall be appointed for
the life of the Joint Committee. Any vacancy in the Joint
Committee shall not affect its powers, but shall be filled not
later than 14 calendar days after the date on which the vacancy
occurs, in the same manner as the original designation was
made. If a member of the Joint Committee ceases to be a Member
of the House of Representatives or the Senate, as the case may
be, the member is no longer a member of the Joint Committee and
a vacancy shall exist.
(c) Investigation and Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Joint Committee shall conduct an
investigation and submit to Congress a report on the United
States 2021 withdrawal from Afghanistan.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A summary of any intelligence reports that
indicated an imminent threat at the Hamid Karzai
International Airport preceding the deadly attack on
August 26, 2021, and the risks to United States and
allied country civilians as well as Afghan partners for
various United States withdrawal scenarios.
(B) A summary of any intelligence reports that
indicated that withdrawing military personnel and
closing United States military installations in
Afghanistan before evacuating civilians would
negatively affect the evacuation of United States
citizens, green card holders, and Afghan partners and
thus put them at risk.
(C) A full review of planning by the National
Security Council, the Department of State, and the
Department of Defense for a noncombatant evacuation
from Afghanistan, including details of all scenarios
used by the Department of State or the Department of
Defense to plan and prepare for noncombatant evacuation
operations.
(D) An analysis of the relationship between the
retrograde and noncombatant evacuation operation plans
and operations.
(E) A description of any actions that were taken by
the United States Government to protect the safety of
United States forces and neutralize threats in any
withdrawal scenarios.
(F) A full review of all withdrawal scenarios
compiled by the intelligence community and the
Department of Defense with timelines for the decisions
taken, including all advice provided by military
leaders to President Joseph R. Biden and his national
security team beginning in January 2021.
(G) An analysis of why the withdrawal timeline
expedited from the September 11, 2021, date set by
President Biden earlier this year.
(H) An analysis of United States and allied
intelligence shared with the Taliban.
(I) An analysis of any actions taken by the United
States Government to proactively prepare for a
successful withdrawal.
(J) A summary of intelligence that informed
statements and assurances made to the American people
that the Taliban would not take over Afghanistan with
the speed that it did in August 2021.
(K) A full and unredacted transcript of the phone
call between President Joe Biden and President Ashraf
Ghani of Afghanistan on July 23, 2021.
(L) A summary of any documents, reports, or
intelligence that indicates whether any members of the
intelligence community, the United States Armed Forces,
or NATO partners supporting the mission warned that the
Taliban would swiftly reclaim Afghanistan.
(M) A description of the extent to which any
members of the intelligence community, the United
States Armed Forces, or NATO partners supporting the
mission advised steps to be taken by the White House
that were ultimately rejected.
(N) An assessment of the decision not to order a
noncombatant evacuation operation until August 14,
2021.
(O) An assessment of whose advice the President
heeded in maintaining the timeline and the status of
forces on the ground before Thursday, August 12, 2021.
(P) A description of the initial views and advice
of the United States Armed Forces and the intelligence
community given to the National Security Council and
the White House before the decisions were taken
regarding closure of United States military
installations, withdrawal of United States assets, and
withdrawal of United States military personnel.
(Q) An assessment of United States assets, as well
as any assets left behind by allies, that could now be
used by the Taliban, ISIS-K, and other terrorist
organizations operating within the region.
(R) An assessment of United States assets slated to
be delivered to Afghanistan, if any, the delivery of
which was paused because of the President's decision to
withdraw, and the status of and plans for those assets
now.
(S) An assessment of vetting procedures for Afghan
civilians to be evacuated with a timeline for the
decision making and ultimate decisions taken to ensure
that no terrorist suspects, persons with ties to
terrorists, or dangerous individuals would be admitted
into third countries or the United States.
(T) An assessment of the discussions between the
United States Government and allies supporting our
efforts in Afghanistan and a timeline for decision
making regarding the withdrawal of United States
forces, including discussion and decisions about how to
work together to repatriate all foreign nationals
desiring to return to their home countries.
(U) A review of the policy decisions with timeline
regarding all Afghan nationals and other refugees
evacuated from Afghanistan by the United States
Government and brought to third countries and the
United States, including a report on what role the
United States Armed Forces performed in vetting each
individual and what coordination the Departments of
State and Defense engaged in to safeguard members of
the Armed Forces from infectious diseases and terrorist
threats.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Joint Committee have been
appointed, the Joint Committee shall hold its first meeting.
(2) Frequency.--The Joint Committee shall meet at the call
of the co-chairs.
(3) Quorum.--A majority of the members of the Joint
Committee shall constitute a quorum, but a lesser number of
members may hold hearings.
(4) Voting.--No proxy voting shall be allowed on behalf of
the members of the Joint Committee.
(e) Administration.--
(1) In general.--To enable the Joint Committee to exercise
its powers, functions, and duties, there are authorized to be
disbursed by the Senate the actual and necessary expenses of
the Joint Committee approved by the co-chairs, subject to the
rules and regulations of the Senate.
(2) Expenses.--In carrying out its functions, the Joint
Committee is authorized to incur expenses in the same manner
and under the same conditions as the Joint Economic Committee
is authorized by section 11 of Public Law 79-304 (15 U.S.C.
1024 (d)).
(3) Hearings.--
(A) In general.--The Joint Committee may, for the
purpose of carrying out this section, hold such
hearings, sit and act at such times and places, require
attendance of witnesses and production of books,
papers, and documents, take such testimony, receive
such evidence, and administer such oaths as the Joint
Committee considers advisable.
(B) Hearing procedures and responsibilities of co-
chairs.--
(i) Announcement.--The co-chairs of the
Joint Committee shall make a public
announcement of the date, place, time, and
subject matter of any hearing to be conducted,
not less than 7 days in advance of such
hearing, unless the co-chairs determine that
there is good cause to begin such hearing at an
earlier date.
(ii) Written statement.--A witness
appearing before the Joint Committee shall file
a written statement of proposed testimony at
least 2 calendar days before the appearance of
the witness, unless the requirement is waived
by the co-chairs, following their determination
that there is good cause for failure to comply
with such requirement.
(4) Cooperation from federal agencies.--
(A) Technical assistance.--Upon written request of
the co-chairs, a Federal agency shall provide technical
assistance to the Joint Committee in order for the
Joint Committee to carry out its duties.
(B) Provision of information.--The Secretary of
State, the Secretary of Defense, the Director of
National Intelligence, the heads of the elements of the
intelligence community, the Secretary of Homeland
Security, and the National Security Council shall
expeditiously respond to requests for information
related to compiling the report under subsection (c).
(f) Staff of Joint Committee.--
(1) In general.--The co-chairs of the Joint Committee may
jointly appoint and fix the compensation of staff as they deem
necessary, within the guidelines for employees of the Senate
and following all applicable rules and employment requirements
of the Senate.
(2) Ethical standards.--Members on the Joint Committee who
serve in the House of Representatives shall be governed by the
ethics rules and requirements of the House. Members of the
Senate who serve on the Joint Committee and staff of the Joint
Committee shall comply with the ethics rules of the Senate.
(g) Termination.--The Joint Committee shall terminate on the date
that is one year after the date of the enactment of this Act.
(h) Funding.--Funding for the Joint Committee shall be derived in
equal portions from--
(1) the applicable accounts of the House of
Representatives; and
(2) the contingent fund of the Senate from the
appropriations account ``Miscellaneous Items'', subject to the
rules and regulations of the Senate.
<all>
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118S1706 | Main Street Tax Certainty Act | [
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] | <p><b>Main Street Tax Certainty Act </b></p> <p>This bill makes permanent the tax deduction for qualified business income. (Under current law, the deduction expires after December 31, 2025.)</p> <p><i>Qualified business income</i> is defined as the net amount of qualified items of income, gain, deduction and loss with respect to any trade or business, excluding capital gains or losses, dividends, interest income, or income earned outside the U.S.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1706 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1706
To amend the Internal Revenue Code of 1986 to make permanent the
deduction for qualified business income.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Daines (for himself, Mr. Barrasso, Mr. Cassidy, Mr. Grassley, Mrs.
Blackburn, Mr. Scott of South Carolina, Mr. Tillis, Mr. Marshall, Mr.
Risch, Mr. Cramer, Mrs. Britt, Mr. Braun, Mr. Hagerty, Mr. Cruz, and
Mr. Wicker) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to make permanent the
deduction for qualified business income.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street Tax Certainty Act''.
SEC. 2. DEDUCTION FOR QUALIFIED BUSINESS INCOME MADE PERMANENT.
Section 199A of the Internal Revenue Code of 1986 is amended by
striking subsection (i).
<all>
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118S171 | Ending Discrimination in COVID–19 Treatments Act | [
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] | <p><strong>Ending Discrimination in COVID-19 Treatments Act</strong></p> <p>This bill prohibits consideration of certain factors in decisions about access to federally provided treatments or vaccines for COVID-19.</p> <p>As a condition of receiving the treatments or vaccines from the federal government, states, localities, and private entities must ensure that specified demographic characteristics (e.g., race, sex, and age) or other characteristics (e.g., vaccination status, veteran status, and political ideology or speech) are not taken into account when determining a patient's eligibility for treatments or vaccines.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 171 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 171
To prohibit the consideration of patients' race, color, religion, sex,
national origin, age, disability, vaccination status, veteran status,
or political ideology or speech in determining eligibility for COVID-19
treatments and vaccines distributed by the Federal Government.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit the consideration of patients' race, color, religion, sex,
national origin, age, disability, vaccination status, veteran status,
or political ideology or speech in determining eligibility for COVID-19
treatments and vaccines distributed by the Federal Government.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Discrimination in COVID-19
Treatments Act''.
SEC. 2. ELIGIBILITY TO RECEIVE COVID-19 TREATMENTS AND VACCINES.
The Secretary of Health and Human Services shall require States,
local governmental entities, and private entities, as a condition for
receipt from the Federal Government of any COVID-19 treatment or
vaccine, or any funding or other items related to any such treatment or
vaccine, to ensure that determinations of patient eligibility for such
treatment or vaccine do not take into consideration the race, color,
religion, sex, national origin, age, disability, vaccination status,
veteran status, or political ideology or speech of a patient.
<all>
</pre></body></html>
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118S1711 | UPDATED USPS Act | [
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[From the U.S. Government Publishing Office]
[S. 1711 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1711
To strengthen the requirements relating to advance electronic
information for cargo, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To strengthen the requirements relating to advance electronic
information for cargo, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniform Postal Data Acquisition for
Transparency and Early Detection within the United States Postal
Service Act'' or the ``UPDATED USPS Act''.
SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO ADVANCE ELECTRONIC
INFORMATION FOR CARGO.
(a) Elimination of Restriction on Use of Advance Electronic
Information for Commercial Enforcement.--Section 343(a)(3)(F) of the
Customs Border Security Act of 2002 (19 U.S.C. 1415(a)(3)(F)) is
amended by striking ``, and shall'' and all that follows through
``thereunder''.
(b) Elimination of Waivers of Requirement To Transmit Advance
Electronic Information for Countries.--
(1) In general.--Section 343(a)(3)(K)(vi) of the Customs
Border Security Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)) is
amended--
(A) by striking subclauses (II), (III), and (IV);
and
(B) by striking ``(I) Notwithstanding'' and
inserting ``Notwithstanding''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date that is 180 days after the date of the
enactment of this Act.
(c) Requirement To Refuse Shipments for Which Advance Electronic
Information Is Not Transmitted.--Section 343(a)(3)(K)(vii) of the
Customs Border Security Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vii)) is
amended to read as follows:
``(vii) The Commissioner shall refuse entry for any
international mail shipments described in clause (i)
received after December 31, 2023, for which the
information described in paragraphs (1) and (2) is not
transmitted as required under this subparagraph.''.
(d) Inclusion of Letter Class Mail; Publication of Number of
Shipments for Which Advance Electronic Information Not Transmitted.--
Section 343(a)(3)(K) of the Customs Border Security Act of 2002 (19
U.S.C. 1415(a)(3)(K)) is amended--
(1) by redesignating clauses (viii) and (ix) as clauses (x)
and (xi), respectively; and
(2) by inserting after clause (vii) the following:
``(viii) Not later than December 31, 2023, the
Postal Service shall arrange for the transmission to
the Commissioner of the information described in
paragraphs (1) and (2) for all international mail
shipments.
``(ix) Not less frequently than every 30 days, the
Postal Service shall publish on a publicly accessible
internet website the number of international mail
shipments for which the information described in
paragraphs (1) and (2) was not transmitted to the
Commissioner under this subparagraph during the
preceding 30-day period.''.
(e) Monthly Report.--Section 343(a) of the Customs Border Security
Act of 2002 (19 U.S.C. 1415(a)) is amended by adding at the end the
following:
``(6) Monthly report.--Not later than 90 days after the
date of the enactment of the UPDATED USPS Act, and every 30
days thereafter, the Secretary shall publish, for the preceding
30-day period, the following information:
``(A) The total volume of international mail
shipments and other cargo received by the Postal
Service and private sector importers for which advance
electronic information is submitted under this section.
``(B) The number of packages included in such
shipments and cargo that U.S. Customs and Border
Protection requested to screen and the number of
packages provided for such screening by the Postal
Service and private sector importers.
``(C) An assessment of the results of inspections
by U.S. Customs and Border Protection of international
mail facilities and private sector importers, including
the number of goods inspected and seized.
``(D) The volume of Inbound Express Mail Service
items entered under section 13031(b)(9)(D) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(9)(D)).
``(E) The total amount of fees paid to U.S. Customs
and Border Protection by the Postal Service and private
sector importers under that section.
``(F) The number of international mail shipments,
disaggregated by letters and packages, received from
each foreign country.''.
(f) Technical Amendments.--Section 343 of the Customs Border
Security Act of 2002 (19 U.S.C. 1415) is amended--
(1) in subsection (a)(3)(G), by striking the second period
at the end;
(2) by amending subsection (c) to read as follows:
``(c) Secretary Defined.--In this section, the term `Secretary'
means the Secretary of the Treasury and the Secretary of Homeland
Security acting jointly.''; and
(3) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
<all>
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118S1716 | Chemical and Biological Defense Program Improvement Act of 2023 | [
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"Sen. Romney, Mitt [R-UT]",
"sponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1716 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1716
To provide authority to include funding requests for the chemical and
biological defense program in military department budget accounts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Romney (for himself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To provide authority to include funding requests for the chemical and
biological defense program in military department budget accounts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical and Biological Defense
Program Improvement Act of 2023''.
SEC. 2. AUTHORITY TO INCLUDE FUNDING REQUESTS FOR THE CHEMICAL AND
BIOLOGICAL DEFENSE PROGRAM IN BUDGET ACCOUNTS OF MILITARY
DEPARTMENTS.
Section 1701(d)(2) of the National Defense Authorization Act for
Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) is amended by striking ``may
not be included in the budget accounts'' and inserting ``may be
included in the budget accounts''.
<all>
</pre></body></html>
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118S1717 | Supporting American Independence in Innovation Act of 2023 | [
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1717 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1717
To prohibit the Secretary of Energy from disbursing financial awards to
entities related to the People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Barrasso introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To prohibit the Secretary of Energy from disbursing financial awards to
entities related to the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting American Independence in
Innovation Act of 2023''.
SEC. 2. PROHIBITION ON DISBURSING FINANCIAL AWARDS FROM THE DEPARTMENT
OF ENERGY TO ENTITIES RELATED TO CHINA.
Beginning on the date of enactment of this Act, notwithstanding any
other provision of law, the Secretary of Energy shall not disburse any
financial award (including a grant, loan, or loan guarantee) to any
entity--
(1) that is in a joint venture with a State-owned
enterprise owned by the Government of the People's Republic of
China; or
(2) the board of directors (including senior leadership) of
which includes an individual that has participated in a foreign
talent recruitment program administered by the Government of
the People's Republic of China.
<all>
</pre></body></html>
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118S1718 | A bill to amend the Safe Drinking Water Act to clarify the requisite timeline for making a decision on the approval or disapproval of a State underground injection control program, and for other purposes. | [
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118S172 | No Mask Mandates Act of 2023 | [
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] | <p><strong>No Mask Mandates Act of 2023</strong></p> <p>This bill nullifies existing federal mask mandates and prohibits future actions to require individuals to wear face masks to respond to COVID-19 and other public health emergencies.</p> <p>Specifically, the bill nullifies</p> <ul> <li>the executive order issued on January 20, 2021, that addresses the use of face masks in federal buildings and on federal lands; and</li> <li>the emergency order issued by the Centers for Disease Control and Prevention on January 29, 2021, that required the use of face masks on public transportation conveyances and in transportation hubs until the order was struck down by a court on April 18, 2022.</li> </ul> <p>In addition, the bill prohibits (1) federal agencies or offices from issuing any future orders that mandate face masks or using previously appropriated federal funds to implement or enforce masking requirements to respond to COVID-19, and (2) the Department of Health and Human Services from requiring face masks in response to any declared public health emergency.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 172 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 172
To terminate any existing mask mandates imposed by the Federal
Government, to prevent the implementation of new mask mandates, to
preserve individual liberty, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To terminate any existing mask mandates imposed by the Federal
Government, to prevent the implementation of new mask mandates, to
preserve individual liberty, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Mask Mandates Act of 2023''.
SEC. 2. TERMINATION OF FACE MASK ORDERS.
(a) Termination.--Effective on the date of enactment of this Act,
the following shall be void and have no force or effect:
(1) Executive Order 13991 (86 Fed. Reg. 7045), issued on
January 20, 2021.
(2) The order issued by the Centers for Disease Control and
Prevention on January 29, 2021, pursuant to section 361 of the
Public Health Service Act (42 U.S.C. 264), requiring persons to
wear masks while on conveyances and at transportation hubs.
(b) No Authority To Issue Subsequent Orders.--Notwithstanding any
other provision of law, no Federal agency or office may issue an order
requiring persons to wear face masks in response to COVID-19.
(c) No Authority To Issue Mandates in Response to a Public Health
Emergency.--Section 361 of the Public Health Service Act (42 U.S.C.
264) is amended by adding at the end the following:
``(f) Nothing in this section authorizes the Secretary to require
persons to wear face masks in response to a public health emergency
declared under section 319.''.
SEC. 3. RESTRICTIONS ON THE USE OF PREVIOUSLY APPROPRIATED FUNDS.
Notwithstanding any other provision of law, no funds previously
appropriated by Congress may be used by any executive agency or
department of the United States to develop, implement, or otherwise
enforce any Federal rule, regulation, or order requiring persons to
wear masks in response to COVID-19.
<all>
</pre></body></html>
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118S1720 | Indo-Pacific Strategic Energy Initiative Act | [
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1720 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1720
To provide support for energy infrastructure projects in the Indo-
Pacific region, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Sullivan (for himself and Mr. Hagerty) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To provide support for energy infrastructure projects in the Indo-
Pacific region, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indo-Pacific Strategic Energy
Initiative Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States currently has an approximately 100-
year supply of natural gas in proven reserves.
(2) The Department of Energy projects global consumption of
natural gas to increase through at least 2050, driven primarily
by demand growth in Asia.
(3) United States natural gas production increased by 91
percent from 2005 to 2021. At the same time, United States
energy-related carbon dioxide emissions decreased by 18
percent.
(4) The growth in domestic natural gas production has
resulted in a change from the United States importing a net
566,000,000,000 cubic feet of liquified natural gas in 2005, to
exporting a net 3,539,000,000 cubic feet in 2021. During that
period, crude oil production in the United States more than
doubled.
(5) As a result of the revolution in oil and gas production
technologies, the United States petroleum trade went from its
peak net import volume of 12,549 barrels per day in 2005, to a
net export of 62,000 barrels per day in 2021. At Brent crude
prices, in nominal dollars, this reflects a trade deficit of
about $250,000,000,000 in 2005, changing to a surplus of about
$1,600,000,000 in 2021.
(6) Demand for natural gas is rising in the Indo-Pacific
region, particularly as countries look to make emissions
reductions and transition from higher emissions fuel sources.
(7) According to the International Energy Agency, ``The
number of countries and territories with [liquefied natural
gas] import terminals has grown from nine in 2000, to 42 in
2020.''. Further, the International Energy Agency has found
that ``transition[s] in Asian gas markets [are] even more
important in the wider context of global clean energy
transitions, where natural gas will be required to make a more
flexible contribution''.
(8) Australia and the United States are both important
global energy exporters and thus have a shared interest in
supplying the growing energy demand in the Indo-Pacific region.
(9) Japanese companies have long invested in United States
liquefied natural gas projects and the Government of Japan has
shifted from relying on liquefied natural gas from the Middle
East to liquefied natural gas from the United States.
(10) The People's Republic of China currently is one of the
largest financiers of overseas energy- and greenhouse gas-
intensive projects and the expanding number of infrastructure
projects in the Indo-Pacific region, carried out under the
People's Republic of China's Belt and Road Initiative, is
leading to higher emissions, coercive dependence, and
environmental degradation in the region.
(11) European Union demand for liquefied natural gas is
expected to rise from about 72,000,000 tons per year in 2021,
to more than 110,000,000 tons per year until at least 2030.
(12) United States-produced oil and natural gas has one of
the lowest lifecycle emissions profiles in the world. A 2019
analysis by the Department of Energy found that natural gas
pipelined from the Russian Federation to Europe's electricity
sector has 41 percent higher lifecycle greenhouse gas emissions
than United States liquefied natural gas shipped to Europe. The
World Bank estimates that the flaring intensity of United
States oil and gas production in 2021 was 69 percent lower than
in the Russian Federation.
(13) Between 2009 and 2019, use of United States natural
gas as a feedstock for hydrogen production increased from
143,004,000 cubic feet to 199,050,000 cubic feet, or a 39.2
percent increase. According to the Department of Energy, 95
percent of the hydrogen produced in the United States is made
by natural gas reforming in large central plants. That is an
important technology pathway for near-term hydrogen production
and reducing global emissions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States reaffirms its commitment to
quadrilateral cooperation with Japan, India, and Australia
(collectively, with the United States, known as the ``Quad''),
and that the United States should continue to pursue
strengthening cooperation in the energy sector in light of the
global threats and challenges facing all 4 countries, including
through upstream investments in energy infrastructure and other
investments across the natural gas value chain to enhance
energy security;
(2) the Association of Southeast Asian Nations (commonly
referred to as ``ASEAN'') and its 10 members (Brunei, Cambodia,
Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore,
Thailand, and Vietnam) have worked with the United States
toward stability, prosperity, and peace in Southeast Asia, and
ASEAN will continue to remain a strong, reliable, and active
economic and strategic partner in the Indo-Pacific region;
(3) the United States and the Republic of Korea enjoy a
comprehensive alliance partnership, founded on shared strategic
interests and cemented by a commitment to democratic values,
which includes recognizing the important role of energy
cooperation through the United States-Republic of Korea Energy
Security Dialogue;
(4) the United States and Japan also enjoy a comprehensive
alliance partnership, which is founded on shared strategic
interests and cemented by a commitment to democratic values,
including recognizing the important role of energy cooperation
and maintaining an enabling regulatory environment to
facilitate continued and increasing liquefied natural gas
supplies through the United States-Japan Energy Security
Dialogue;
(5) the United States has economic, national security, and
domestic interests in assisting allies and partners in Indo-
Pacific countries to reduce greenhouse gas emissions and
achieve energy security through diversification of their energy
sources and supply routes;
(6) the Group of Seven (G7), which includes both the United
States and Japan, recognized the important role of energy
cooperation and that ``investment in the gas sector can be
appropriate to help address potential market shortfalls''
through the G7 Climate, Energy and Environment Ministers'
Communique; and
(7) the United States should not create unnecessary
domestic obstacles to exporting liquefied natural gas and
impose restrictions on the international financing of liquefied
natural gas infrastructure abroad.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to advance United States foreign policy and development
goals by assisting allies and partners of the United States in
the Indo-Pacific region to decrease their dependence on energy
resources from countries that use energy dependence to coerce,
intimidate, and influence other countries;
(2) to develop strategies to counter competition from the
Russian Federation and the People's Republic of China to
protect the energy and national security of the United States
and the energy and national security of allies and partners of
the United States in the Indo-Pacific region;
(3) to support free and open trade in clean energy products
and promote the continued development of lower-emissions energy
fuels and technologies in the Indo-Pacific region;
(4) to improve free, fair, and reciprocal energy trading
relationships with allies and partners of the United States in
the Indo-Pacific region;
(5) to promote the energy security of allies and partners
of the United States in the Indo-Pacific region by encouraging
the development of energy infrastructure and accessible,
transparent, and competitive energy markets that provide
diversified sources, types, and routes of energy;
(6) to encourage public and private sector investment in
energy infrastructure projects in the Indo-Pacific region;
(7) to engage and lead on international emissions
reductions through the export of United States-produced fuels
and emission-reduction technologies and provide access to
modern and reliable energy services that promote economic
development;
(8) to help facilitate the export of United States energy
resources, technology, and expertise to global markets in a way
that benefits the energy security of allies and partners of the
United States in the Indo-Pacific region; and
(9) to supply countries that rely on higher-emitting fuel
sources with abundant alternatives that have lower lifecycle
emissions profiles.
SEC. 5. ENERGY INFRASTRUCTURE PROJECT SUPPORT.
(a) In General.--The Secretary, in consultation with the Secretary
of Energy, the heads of other relevant United States agencies, and
energy-importing allies and partners of the United States, shall, as
appropriate, prioritize and expedite the efforts of the Department of
State, the Department of Energy, and such other agencies in supporting
the governments of like-minded Indo-Pacific countries to increase their
energy security and reduce energy emissions, including through--
(1) providing diplomatic and political support to those
governments, as necessary--
(A) to facilitate international negotiations
concerning cross-border infrastructure;
(B) to enhance the regulatory environment with
respect to energy projects in the Indo-Pacific region;
and
(C) to develop accessible, transparent, and
competitive energy markets supplied by diverse sources,
types, and routes of energy; and
(2) providing support--
(A) to improve energy markets in the Indo-Pacific
region, including early-stage project support and late-
stage project support for the construction or
improvement of energy projects and related
infrastructure;
(B) to diversify the energy sources and supply
routes of Indo-Pacific countries to strengthen energy
security;
(C) to enhance energy market integration across the
region; and
(D) through--
(i) investments in infrastructure to
support the importation of liquefied natural
gas and other clean energy products by Indo-
Pacific countries;
(ii) energy-related international technical
assistance;
(iii) energy technology collaboration;
(iv) commercial engagement; and
(v) any other mode of energy infrastructure
support the Secretary considers appropriate.
(b) Project Selection.--
(1) Identification.--The Secretary, the Secretary of
Commerce, and the Secretary of Energy shall identify energy
infrastructure projects that would be appropriate for United
States assistance under this section.
(2) Eligibility.--A project is eligible for United States
assistance under this section if the project--
(A) has been identified by the Secretary, the
Secretary of Commerce, and the Secretary of Energy as
promoting energy security in the Indo-Pacific region or
the country in which the project is located;
(B) promotes the use of liquefied natural gas and
other clean energy products and related energy
infrastructure;
(C) has the potential to use goods and services
produced in the United States or an Indo-Pacific
country during project implementation; and
(D) is located in an Indo-Pacific country.
(3) Preference.--In selecting projects for United States
assistance under this section, the Secretary, the Secretary of
Commerce, and the Secretary of Energy shall give preference to
projects that are expected to enhance energy market
integration;
(4) Equal consideration.--In carrying out the requirements
of this subsection, the Secretary, the Secretary of Commerce,
and the Secretary of Energy shall give equal consideration to
each type of eligible project, without regard to the type of
clean energy product or related energy infrastructure involved.
(c) Priority Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 10
years, the Secretary shall submit to the appropriate
congressional committees a report describing how the Secretary
will prioritize the selection of projects that promote the
export of liquefied natural gas and other clean energy products
and development of related energy infrastructure under
subsection (b), taking into consideration--
(A) the ability of the project to provide resilient
and reliable energy to the Indo-Pacific country in
which the project would be located;
(B) geostrategic imperatives and the national
security interests of--
(i) the United States; and
(ii) the Indo-Pacific country in which the
project would be located;
(C) the development goals of the Indo-Pacific
country in which the project would be located; and
(D) potential reductions in global emissions,
including the abatement of methane emissions.
(2) Consultations.--In developing the report required by
paragraph (1), the Secretary shall consult with--
(A) the Secretary of Commerce;
(B) the Secretary of Energy;
(C) the Assistant Secretary of State for Energy
Resources;
(D) the Director of the Trade and Development
Agency;
(E) with respect to projects described in section
1455 of the Better Utilization of Investments Leading
to Development Act of 2018 (as added by section 6(a)),
the Chief Executive Officer of the United States
International Development Finance Corporation; and
(F) with respect to projects described in section
16 of the Export-Import Bank Act of 1945 (as added by
section 6(b)), the President of the Export-Import Bank
of the United States.
(d) Diplomatic and Political Support.--The Secretary shall provide
diplomatic and political support to the governments of like-minded
Indo-Pacific countries, as necessary, including by using the diplomatic
and political influence and expertise of the Department of State to
build the capacity of those countries to resolve any impediments to the
development of projects selected under subsection (b).
(e) Project Support.--The Director of the Trade and Development
Agency shall provide early-stage project support with respect to
projects selected under subsection (b).
(f) Accountability.--Not later than 30 days before providing any
diplomatic or political support under this section with respect to a
project in an Indo-Pacific country, the Secretary shall certify, in
writing, to the appropriate congressional committees that, except in
the case of an extraordinary event, there is no foreseeable risk that
the project identified or selected for support by the United States
will be taken over, either through the use of force, hostile
acquisition, or other commercial engagement, by a country that is an
adversary of, or is not an ally of, the United States.
SEC. 6. STRATEGIC ENERGY INFRASTRUCTURE FUNDING.
(a) Support for Energy Infrastructure by the United States
International Development Finance Corporation.--Title V of the Better
Utilization of Investments Leading to Development Act of 2018 (22
U.S.C. 9671 et seq.) is amended by adding at the end the following:
``SEC. 1455. STRATEGIC ENERGY INFRASTRUCTURE.
``The Corporation--
``(1) may, notwithstanding any other provision of this
division, provide support under title II for projects related
to importation of liquefied natural gas and other clean energy
products (as defined in section 9 of the Indo-Pacific Strategic
Energy Initiative Act), including for such projects of entities
owned or controlled by the government of a foreign country, if
the Secretary of State, acting through the Assistant Secretary
of State for East Asian and Pacific Affairs, certifies to the
appropriate congressional committees that such support--
``(A) furthers the national economic or foreign
policy interests of the United States; and
``(B) is necessary to preempt or counter efforts by
a strategic competitor of the United States to secure
significant political or economic leverage or acquire
national security-sensitive technologies or
infrastructure in an Indo-Pacific country that is an
ally or partner of the United States;
``(2) shall provide equal consideration to each such
project, without regard to the type of the energy involved; and
``(3) should, in providing support authorized by paragraph
(1), coordinate with the Japan Bank for International
Cooperation and the Government of Australia pursuant to the
trilateral memorandum of understanding on development finance
signed on November 12, 2018.''.
(b) Promotion of Energy Exports by Export-Import Bank of the United
States.--The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) is
amended by adding at the end the following:
``SEC. 16. STRATEGIC ENERGY INFRASTRUCTURE.
``(a) In General.--The Bank shall establish a balanced strategic
energy portfolio focused on providing financing (including loans,
guarantees, and insurance) for projects described in subsection (b)
that may facilitate--
``(1) increases in exports of United States energy
commodities; or
``(2) the export of United States equipment, materials, and
technology.
``(b) Projects Described.--A project described in this subsection
is a project related to--
``(1) construction of liquefied natural gas import
terminals;
``(2) commercialization of carbon capture, utilization, and
storage;
``(3) development of blue hydrogen infrastructure; or
``(4) other low emission energy infrastructure.
``(c) Equal Consideration.--In carrying out this section, the Bank
shall provide equal consideration to each project described in
subsection (b), without regard to the type of the energy involved.''.
(c) Private and Foreign Public Sector Investment.--
(1) Private sector investment.--The Secretary of Commerce
and the Secretary shall promote the funding of projects
selected under section 5 among United States energy producers
and exporters.
(2) Foreign public sector investment.--The heads of the
agencies described in section 5(a) may, for the purposes of
this Act, partner and coordinate with public and multilateral
financial institutions and export credit agencies of Indo-
Pacific countries.
SEC. 7. PROHIBITIONS ON LIMITATION ON FUNDING BASED ON TYPE OF ENERGY
PRODUCT.
In carrying out the provisions of and amendments made by this Act,
no limitation may be imposed on the amount of funding or support
provided for a project based on the type of clean energy product that
the project would support.
SEC. 8. REPORTING.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report on progress made in
providing assistance for projects under this Act or the amendments made
by this Act that includes--
(1) a description of the energy infrastructure projects the
United States has identified for such assistance; and
(2) for each such project--
(A) a description of the role of the United States
in the project, including in early-stage project
support and late-stage project support;
(B) the amount and form of any debt financing and
insurance provided by the United States Government for
the project as well as any coordination with foreign
public financial institutions or export credit
agencies;
(C) the amount and form of any debt financing and
insurance provided by foreign public financial
institutions or export credit agencies;
(D) the amount and form of any early-stage project
support; and
(E) an update on the progress made on the project
as of the date of the report.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Energy and Natural Resources, and the
Committee on Environment and Public Works of the
Senate;
(B) the Committee on Foreign Affairs, the Committee
on Energy and Commerce, and the Committee on Natural
Resources of the House of Representatives; and
(C) any other committee of the Senate or House of
Representatives that the President considers
appropriate.
(2) Clean energy product.--The term ``clean energy
product'' means--
(A) a product that--
(i) is produced or refined in the United
States; and
(ii) can be used by an Indo-Pacific
country--
(I) as a fuel or feedstock; or
(II) for the generation of low
emission electricity; and
(B) includes--
(i) liquefied natural gas; or
(ii) any other clean energy product with a
lifecycle emissions profile lower than that of
a comparable product produced or refined in a
country that is an adversary of, or is not an
ally of, the United States.
(3) Indo-pacific country.--The term ``Indo-Pacific
country''--
(A) includes--
(i) Australia;
(ii) India;
(iii) Japan;
(iv) the Republic of Korea; and
(v) any other country, including a Pacific
island country, that is--
(I) a member country of Association
of Southeast Asian Nations (commonly
referred to as ``ASEAN''); or
(II) located in or adjacent to the
tropical waters of the Indian Ocean,
the western and central Pacific Ocean,
or the seas connecting the Indian Ocean
and the Pacific Ocean, including
Taiwan; and
(B) does not include any that is prohibited from
receiving support from the United States International
Development Finance Corporation under section 1454 of
the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9673).
(4) Related energy infrastructure.--The term ``related
energy infrastructure'' means--
(A) liquefied natural gas import terminals;
(B) carbon capture, utilization, and storage
infrastructure;
(C) blue hydrogen infrastructure; or
(D) other low emission energy infrastructure.
(5) Secretary.--The term ``Secretary'' means the Secretary
of State, acting through the Assistant Secretary of State for
East Asian and Pacific Affairs.
<all>
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118S1721 | Military Facilities Upgrades Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1721 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1721
To amend title 10, United States Code, to modify the authority of the
Secretary of each military department to replace damaged or destroyed
facilities to include replacement of certain facilities in failing
condition, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Ossoff (for himself and Mr. Lankford) 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 modify the authority of the
Secretary of each military department to replace damaged or destroyed
facilities to include replacement of certain facilities in failing
condition, and for other purposes.
Be it enacted by the Senate 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 Facilities Upgrades Act''.
SEC. 2. MODIFICATION OF AUTHORITY TO REPLACE DAMAGED OR DESTROYED
FACILITIES TO INCLUDE CERTAIN FACILITIES IN FAILING
CONDITION.
(a) In General.--Section 2854 of title 10, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) Subject to subsection (b), the Secretary concerned may
replace a facility under the jurisdiction of the Secretary concerned,
including a family housing facility--
``(A) that has been damaged or destroyed; or
``(B) that is a facility described in paragraph (2) in
failing condition, if--
``(i) replacement is more cost-effective than
repair;
``(ii) the replacement facility supports an
existing mission of the Department of Defense; and
``(iii) the replacement facility does not exceed
the total square footage of the replaced facility.
``(2) A facility described in this paragraph is any of the
following facilities of the Department of Defense or an armed force:
``(A) Any barracks, housing, or dormitory facility.
``(B) A child development center.
``(C) Any other quality of life facility, including a
fitness center, recreation facility, dining facility, or
commissary facility.'';
(2) in subsection (b), by striking ``repair, restoration,
or'';
(3) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)(A)''; and
(B) in paragraph (2)--
(i) by striking ``this subsection'' and
inserting ``paragraph (1)''; and
(ii) by striking ``described in paragraph
(1)'' and inserting ``described in paragraph
(1)(B)'';
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In using the authority described in subsection (a)(1)(B) to
carry out a military construction project to replace a facility,
including a family housing facility, that is in failing condition, the
Secretary concerned may use appropriations available for operation and
maintenance.''; and
(6) in paragraph (4), as redesignated by paragraph (4) of
this subsection, by inserting ``per armed force'' before ``in
any fiscal year''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading for section 2854 of
such title is amended to read as follows:
``Sec. 2854. Replacement of damaged, destroyed, or failing
facilities''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of such title is
amended by striking the item relating to section 2854 and
inserting the following new item:
``2854. Replacement of damaged, destroyed, or failing facilities.''.
<all>
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1723
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Ms. Warren (for herself, Mr. Markey, Ms. Smith, Mr. Casey, Mr.
Hickenlooper, Mr. Blumenthal, Mr. Durbin, Mr. Padilla, Mr. Booker, Mr.
Merkley, Ms. Baldwin, Ms. Hirono, Ms. Sinema, Mr. Kelly, Ms. Cortez
Masto, Mr. Van Hollen, Mr. Lujan, Mr. Wyden, Mr. Bennet, Mr. Schatz,
Ms. Cantwell, Mr. Heinrich, Ms. Klobuchar, Mrs. Murray, Mr. Tester, Mr.
Sanders, and Ms. Murkowski) introduced the following bill; which was
read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To establish the Truth and Healing Commission on Indian Boarding School
Policies 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 ``Truth and Healing Commission on
Indian Boarding School Policies Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) assimilation processes, such as the Indian Boarding
School Policies, were adopted by the United States Government
to strip American Indian, Alaska Native, and Native Hawaiian
children of their Indigenous identities, beliefs, and languages
to assimilate them into non-Native culture through federally
funded and controlled Christian-run schools, which had the
intent and, in many cases, the effect, of termination, with
dire and intentional consequences on the cultures and languages
of Indigenous peoples;
(2) assimilation processes can be traced back to--
(A) the enactment of the Act of March 3, 1819 (3
Stat. 516, chapter 85) (commonly known as the ``Indian
Civilization Fund Act of 1819''), which created a fund
to administer the education, healthcare, and rations
promised to Tribal nations under treaties those Tribal
nations had with the United States; and
(B) the Grant Administration's peace policy with
Tribal nations in 1868, which, among other things,
authorized amounts in the fund established under the
Act of March 3, 1819 (3 Stat. 516, chapter 85)
(commonly known as the ``Indian Civilization Fund Act
of 1819''), to be used by churches;
(3) according to research from the National Native American
Boarding School Healing Coalition, the Federal Government
funded church-run boarding schools for Native Americans from
1819 through the 1960s under the Act of March 3, 1819 (3 Stat.
516, chapter 85), which authorized the forced removal of
hundreds of thousands of American Indian and Alaska Native
children as young as 3 years old, relocating them from their
traditional homelands to 1 of at least 367 known Indian
boarding schools, of which 73 remain open today, across 30
States;
(4) beginning in 1820, missionaries from the United States
arrived in Hawai`i, bringing a similar desire to civilize
Native Hawaiians and convert ``Hawaiian heathens'' to
Christians, establishing day schools and boarding schools that
followed models first imposed on Tribal nations on the East
Coast of the United States;
(5) as estimated by David Wallace Adams, professor emeritus
of history and education at Cleveland State University in Ohio,
by 1926, nearly 83 percent of American Indian and Alaska Native
school-age children were enrolled in Indian boarding schools in
the United States, but, the full extent of the Indian Boarding
School Policies has yet to be fully examined by--
(A) the Federal Government or the churches who ran
those schools; or
(B) other entities who profited from the existence
of those schools;
(6) General Richard Henry Pratt, the founder and
superintendent of the Carlisle Indian Industrial School in
Carlisle, Pennsylvania, stated that the ethos of Indian
Boarding School Policies was to ``kill the Indian in him, and
save the man'';
(7) in 1878, General Pratt brought a group of American
Indian warriors held as prisoners of war to what was then known
as the Hampton Agricultural and Industrial School in Hampton,
Virginia, for a residential experiment in the education of
Indigenous people;
(8) prior to arriving to the Hampton Agricultural and
Industrial School in 1878, the American Indian warriors held as
prisoners of war had already spent 3 years imprisoned, during
which time they were forced to shave their traditionally grown
hair, dress in military uniforms, participate in Christian
worship services, and adopt an English name;
(9) General Samuel C. Armstrong, founder and, in 1878,
principal, of the Hampton Agricultural and Industrial School,
was influenced by his parents and other missionaries in the
United States involved in the education of Native Hawaiian
children;
(10) General Armstrong modeled the Hampton Agricultural and
Industrial School after the Hilo Boarding School in Hawai`i, a
missionary-run boarding school that targeted high performing
Native Hawaiians to become indoctrinated in Protestant
ideology, which was similar to boarding schools led by
missionaries in the similarly sovereign Five Tribes of
Oklahoma, including the Cherokee and Chickasaw;
(11) in addition to bringing a group of American Indian
warriors held as prisoners of war to the Hampton Agricultural
and Industrial School in 1878, General Pratt influenced Sheldon
Jackson, a Presbyterian missionary who, in 1885, was appointed
by the Secretary of the Interior to be a General Agent of
Education in the Alaska Territory;
(12) Hampton Agricultural and Industrial School continued
as a boarding school for American Indians, Alaska Natives, and
Native Hawaiians until 1923;
(13) founded in 1879, the Carlisle Indian Industrial School
set the precedent for government-funded, off-reservation Indian
boarding schools in the United States, where more than 10,000
American Indian and Alaska Native children were enrolled from
more than 140 Indian Tribes;
(14) Indian boarding schools, and the policies that
created, funded, and fueled their existence, were designed to
assimilate American Indian, Alaska Native, and Native Hawaiian
children into non-Native culture by stripping them of their
cultural identities, often through physical, sexual,
psychological, industrial, and spiritual abuse and neglect;
(15) many of the children who were taken to Indian boarding
schools did not survive, and of those who did survive, many
never returned to their parents, extended families, and
communities;
(16) at the Carlisle Indian Industrial School alone,
approximately 180 American Indian and Alaska Native children
were buried;
(17) according to research from the National Native
American Boarding School Healing Coalition--
(A) while attending Indian boarding schools,
American Indian, Alaska Native, and Native Hawaiian
children suffered additional physical, sexual,
psychological, industrial, and spiritual abuse and
neglect as they were sent to non-Native homes and
businesses for involuntary and unpaid manual labor work
during the summers;
(B) many American Indian, Alaska Native, and Native
Hawaiian children escaped from Indian boarding schools
by running away, and then remained missing or died of
illnesses due to harsh living conditions, abuse, or
substandard health care provided by the Indian boarding
schools;
(C) many American Indian, Alaska Native, and Native
Hawaiian children died at hospitals neighboring Indian
boarding schools, including the Puyallup Indian School
that opened in 1860, which was first renamed the
Cushman Indian School in 1910 and then the Cushman
Hospital in 1918; and
(D) many of the American Indian and Alaska Native
children who died while attending Indian boarding
schools or neighboring hospitals were buried in
unmarked graves or off-campus cemeteries;
(18) according to independent ground penetrating radar and
magnetometry research commissioned by the National Native
American Boarding School Healing Coalition, evidence of those
unmarked graves and off-campus cemeteries has been found,
including--
(A) unmarked graves at Chemawa Indian School in
Salem, Oregon; and
(B) remains of children who were burned in
incinerators at Indian boarding schools;
(19) according to research from the National Native
American Boarding School Healing Coalition, inaccurate,
scattered, and missing school records make it difficult for
families to locate their loved ones, especially because--
(A) less than 38 percent of Indian boarding school
records have been located, from only 142 of the at
least 367 known Indian boarding schools; and
(B) all other records are believed to be held in
catalogued and uncatalogued church archives, private
collections, or lost or destroyed;
(20) parents of the American Indian, Alaska Native, and
Native Hawaiian children who were forcibly removed from or
coerced into leaving their homes and placed in Indian boarding
schools were prohibited from visiting or engaging in
correspondence with their children;
(21) parental resistance to compliance with the harsh no-
contact policy described in paragraph (20) resulted in the
parents being incarcerated or losing access to basic human
rights, food rations, and clothing;
(22) in 2013, post-traumatic stress disorder rates among
American Indian and Alaska Native youth were 3-times the
general public, the same rates for post-traumatic stress
disorder among veterans;
(23) in 2014, the White House Report on Native Youth
declared a state of emergency due to a suicide epidemic among
American Indian and Alaska Native youth;
(24) the 2018 Broken Promises Report published by the
United States Commission on Civil Rights reported that American
Indian and Alaska Native communities continue to experience
intergenerational trauma resulting from experiences in Indian
boarding schools, which divided cultural family structures,
damaged Indigenous identities, and inflicted chronic
psychological ramifications on American Indian and Alaska
Native children and families;
(25) the Centers for Disease Control and Prevention Kaiser
Permanente Adverse Childhood Experiences Study shows that
adverse or traumatic childhood experiences disrupt brain
development, leading to a higher likelihood of negative health
outcomes as adults, including heart disease, obesity, diabetes,
autoimmune diseases, and early death;
(26) American Indians, Alaska Natives, and Native Hawaiians
suffer from disproportional rates of each of the diseases
described in paragraph (25) compared to the national average;
(27) the longstanding intended consequences and
ramifications of the treatment of American Indian, Alaska
Native, and Native Hawaiian children, families, and communities
because of Federal policies and the funding of Indian boarding
schools continue to impact Native communities through
intergenerational trauma, cycles of violence and abuse,
disappearance, health disparities, substance abuse, premature
deaths, additional undocumented physical, sexual,
psychological, industrial, and spiritual abuse and neglect, and
trauma;
(28) according to the Child Removal Survey conducted by the
National Native American Boarding School Healing Coalition, the
First Nations Repatriation Institute, and the University of
Minnesota, 75 percent of Indian boarding school survivors who
responded to the survey had attempted suicide, and nearly half
of respondents to the survey reported being diagnosed with a
mental health condition;
(29) the continuing lasting implications of the Indian
Boarding School Policies and the physical, sexual,
psychological, industrial, and spiritual abuse and neglect of
American Indian and Alaska Native children and families
influenced the present-day operation of Bureau of Indian
Education-operated schools;
(30) Bureau of Indian Education-operated schools have often
failed to meet the many needs of nearly 50,000 American Indian
and Alaska Native students across 23 States;
(31) in Alaska, where there are no Bureau of Indian
Education-funded elementary and secondary schools, the State
public education system often fails to meet the needs of Alaska
Native students, families, and communities;
(32) the assimilation policies imposed on American Indians,
Alaska Natives, and Native Hawaiians during the Indian boarding
school era have been replicated through other Federal actions
and programs, including the Indian Adoption Project in effect
from 1958 to 1967, which placed American Indian and Alaska
Native children in non-Indian households and institutions for
foster care or adoption;
(33) the Association on American Indian Affairs reported
that the continuation of assimilation policies through Federal
American Indian and Alaska Native adoption and foster care
programs between 1941 to 1967 separated as many as one-third of
American Indian and Alaska Native children from their families
in Tribal communities;
(34) in some States, greater than 50 percent of foster care
children in State adoption systems are American Indian, Alaska
Native, or Native Hawaiian children, including in Alaska, where
over 60 percent of children in foster care are Alaska Native;
(35) the general lack of public awareness, accountability,
education, information, and acknowledgment of the ongoing and
direct impacts of the Indian Boarding School Policies and
related intergenerational trauma persists, signaling the
overdue need for an investigative Federal commission to further
document and expose assimilation and termination efforts to
eradicate the cultures and languages of Indigenous peoples
implemented under Indian Boarding School Policies; and
(36) in the secretarial memorandum entitled ``Federal
Indian Boarding School Initiative'' and dated June 22, 2021,
Secretary of the Interior Debra Haaland stated the following:
``The assimilationist policies of the past are contrary to the
doctrine of trust responsibility, under which the Federal
Government must promote Tribal self-governance and cultural
integrity. Nevertheless, the legacy of Indian boarding schools
remains, manifesting itself in Indigenous communities through
intergenerational trauma, cycles of violence and abuse,
disappearance, premature deaths, and other undocumented bodily
and mental impacts.''.
SEC. 3. PURPOSES.
The purposes of this Act are to establish a Truth and Healing
Commission on Indian Boarding School Policies in the United States--
(1) to formally investigate and document--
(A) the attempted termination of cultures and
languages of Indigenous peoples, assimilation
practices, and human rights violations that occurred
against American Indians, Alaska Natives, and Native
Hawaiians through Indian Boarding School Policies in
furtherance of the motto to ``kill the Indian in him
and save the man''; and
(B) the impacts and ongoing effects of historical
and intergenerational trauma in Native communities,
including the effects of the attempted cultural,
religious, and linguistic termination of American
Indians, Alaska Natives, and Native Hawaiians,
resulting from Indian Boarding School Policies;
(2) to hold culturally respectful and meaningful public
hearings for American Indian, Alaska Native, and Native
Hawaiian survivors, victims, families, communities,
organizations, and Tribal leaders to testify, discuss, and add
to the documentation of, the impacts of the physical,
psychological, and spiritual violence of Indian boarding
schools;
(3) to collaborate and exchange information with the
Department of the Interior with respect to the review of the
Indian Boarding School Policies announced by Secretary of the
Interior Debra Haaland in the secretarial memorandum entitled
``Federal Indian Boarding School Initiative'' and dated June
22, 2021; and
(4) to further develop recommendations for the Federal
Government to acknowledge and heal the historical and
intergenerational trauma caused by the Indian Boarding School
Policies and other cultural and linguistic termination
practices carried out by the Federal Government and State and
local governments, including recommendations--
(A) for resources and assistance that the Federal
Government should provide to aid in the healing of the
trauma caused by the Indian Boarding School Policies;
(B) to establish a nationwide hotline for
survivors, family members, or other community members
affected by the Indian Boarding School Policies; and
(C) to prevent the continued removal of American
Indian, Alaska Native, and Native Hawaiian children
from their families and Native communities under
modern-day assimilation practices carried out by State
social service departments, foster care agencies, and
adoption services.
SEC. 4. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Truth and Healing Advisory Committee established by
the Commission under section 5(g).
(2) Commission.--The term ``Commission'' means the Truth
and Healing Commission on Indian Boarding School Policies in
the United States established by section 5(a).
(3) Indian boarding school policies.--The term ``Indian
Boarding School Policies'' means--
(A) the assimilation policies and practices of the
Federal Government, which began with the enactment of
the Act of March 3, 1819 (3 Stat. 516, chapter 85)
(commonly known as the ``Indian Civilization Fund Act
of 1819''), and the peace policy with Tribal nations
advanced by President Ulysses Grant in 1868, under
which more than 100,000 American Indian and Alaska
Native children were forcibly removed from or coerced
into leaving their family homes and placed in Bureau of
Indian Affairs-operated schools or church-run schools,
including at least 367 known Indian boarding schools,
at which assimilation and ``civilization'' practices
were inflicted on those children as part of the
assimilation efforts of the Federal Government, which
were intended to terminate the cultures and languages
of Indigenous peoples in the United States; and
(B) the assimilation practices inflicted on Native
Hawaiian children in boarding schools following the
arrival of Christian missionaries from the United
States in Hawai`i in 1820 who sought to extinguish
Hawaiian culture.
SEC. 5. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL POLICIES
IN THE UNITED STATES.
(a) Establishment.--There is established the Truth and Healing
Commission on Indian Boarding School Policies in the United States.
(b) Membership.--
(1) In general.--The Commission shall include 10 members,
of whom--
(A) 2 shall be appointed by the President;
(B) 2 shall be appointed by the President pro
tempore of the Senate, on the recommendation of the
majority leader of the Senate;
(C) 2 shall be appointed by the President pro
tempore of the Senate, on the recommendation of the
minority leader of the Senate; and
(D) 4 shall be appointed by the Speaker of the
House of Representatives, of whom not fewer than 2
shall be appointed on the recommendation of the
minority leader of the House of Representatives.
(2) Requirements for membership.--To the maximum extent
practicable, the President and the Members of Congress shall
appoint members of the Commission under paragraph (1) to
represent diverse experiences and backgrounds and so as to
include Tribal and Native representatives and experts who will
provide balanced points of view with regard to the duties of
the Commission, including Tribal and Native representatives and
experts--
(A) from diverse geographic areas;
(B) who possess personal experience with, diverse
policy experience with, or specific expertise in,
Indian boarding school history and the Indian Boarding
School Policies; and
(C) who possess expertise in truth and healing
endeavors that are traditionally and culturally
appropriate.
(3) Presidential appointment.--The President shall make
appointments to the Commission under this subsection in
coordination with the Secretary of the Interior and the
Director of the Bureau of Indian Education.
(4) Date.--The appointments of the members of the
Commission shall be made not later than 120 days after the date
of enactment of this Act.
(5) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the
Commission shall be appointed for a term of 5 years.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment.
(C) Removal.--A quorum of members may remove a
member appointed by that President or Member of
Congress, respectively, only for neglect of duty or
malfeasance in office.
(c) Meetings.--
(1) Initial meeting.--As soon as practicable after the date
of enactment of this Act, the Commission shall hold the initial
meeting of the Commission and begin operations.
(2) Subsequent meetings.--After the initial meeting of the
Commission is held under paragraph (1), the Commission shall
meet at the call of the Chairperson.
(3) Format of meetings.--A meeting of the Commission may be
conducted in-person, virtually, or via phone.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(e) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
(f) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(g) Truth and Healing Advisory Committee.--
(1) Establishment.--The Commission shall establish an
advisory committee, to be known as the ``Truth and Healing
Advisory Committee''.
(2) Membership.--The Advisory Committee shall consist of--
(A) 1 representative from each of--
(i) the National Native American Boarding
School Healing Coalition;
(ii) the National Congress of American
Indians;
(iii) the National Indian Education
Association;
(iv) the National Indian Child Welfare
Association;
(v) the Alaska Federation of Natives; and
(vi) the Office of Hawaiian Affairs;
(B) the Director of the Bureau of Indian Education;
(C) the Director of the Office of Indian Education
of the Department of Education;
(D) the Commissioner of the Administration for
Native Americans of the Office of the Administration
for Children and Families of the Department of Health
and Human Services; and
(E) not fewer than--
(i) 5 members of different Indian Tribes
from diverse geographic areas, to be selected
from among nominations submitted by Indian
Tribes;
(ii) 1 member representing Alaska Natives,
to be selected by the Alaska Federation of
Natives from nominations submitted by an Alaska
Native individual, organization, or village;
(iii) 1 member representing Native
Hawaiians, to be selected by a process
administered by the Office of Hawaiian Affairs;
(iv) 2 health care or mental health
practitioners, Native healers, counselors, or
providers with experience in working with
former students, or descendants of former
students, of Indian boarding schools, to be
selected from among nominations of Tribal
chairs or elected Tribal leadership local to
the region in which the practitioner,
counselor, or provider works, in order to
ensure that the Commission considers culturally
responsive supports for victims, families, and
communities;
(v) 3 members of different national
American Indian, Alaska Native, or Native
Hawaiian organizations, regional American
Indian, Alaska Native, or Native Hawaiian
organizations, or urban Indian organizations
that are focused on, or have relevant expertise
studying, the history and systemic and ongoing
trauma associated with the Indian Boarding
School Policies;
(vi) 2 family members of students who
attended Indian boarding schools, who shall
represent diverse regions of the United States;
(vii) 4 alumni who attended a Bureau of
Indian Education-operated school, tribally
controlled boarding school, State public
boarding school, private nonprofit boarding
school formerly operated by the Federal
Government, parochial boarding school, or
Bureau of Indian Education-operated college or
university;
(viii) 2 current teachers who teach at an
Indian boarding school;
(ix) 2 students who, as of the date of
enactment of this Act, attend an Indian
boarding school;
(x) 1 representative of the International
Indian Treaty Council or the Association on
American Indian Affairs; and
(xi) 1 trained archivist who has experience
working with educational or church records.
(3) Duties.--The Advisory Committee shall--
(A) serve as an advisory body to the Commission;
and
(B) provide to the Commission advice and
recommendations, and submit to the Commission
materials, documents, testimony, and such other
information as the Commission determines to be
necessary, to carry out the duties of the Commission
under subsection (h).
(4) Survivors subcommittee.--The Advisory Committee shall
establish a subcommittee that shall consist of not fewer than 4
former students or survivors who attended an Indian boarding
school.
(h) Duties of the Commission.--
(1) In general.--The Commission shall develop
recommendations on actions that the Federal Government can take
to adequately hold itself accountable for, and redress and
heal, the historical and intergenerational trauma inflicted by
the Indian Boarding School Policies, including developing
recommendations on ways--
(A) to protect unmarked graves and accompanying
land protections;
(B) to support repatriation and identify the Tribal
nations from which children were taken; and
(C) to stop the continued removal of American
Indian, Alaska Native, and Native Hawaiian children
from their families and reservations under modern-day
assimilation practices.
(2) Matters investigated.--The matters investigated by the
Commission under paragraph (1) shall include--
(A) the implementation of the Indian Boarding
School Policies and practices at--
(i) the schools operated by the Bureau of
Indian Affairs; and
(ii) church-run Indian boarding schools;
(B) how the assimilation practices of the Federal
Government advanced the attempted cultural, religious,
and linguistic termination of American Indians, Alaska
Natives, and Native Hawaiians;
(C) the impacts and ongoing effects of the Indian
Boarding School Policies;
(D) the location of American Indian, Alaska Native,
and Native Hawaiian children who are still, as of the
date of enactment of this Act, buried at Indian
boarding schools and off-campus cemeteries, including
notifying the Tribal nation from which the children
were taken; and
(E) church and government records, including
records relating to attendance, infirmary, deaths,
land, Tribal affiliation, and other correspondence.
(3) Additional duties.--In carrying out paragraph (1), the
Commission shall--
(A) work to locate and identify unmarked graves at
Indian boarding school sites or off-campus cemeteries;
(B) locate, document, analyze, and preserve records
from schools described in paragraph (2)(A), including
any records held at State and local levels; and
(C) provide to, and receive from, the Department of
the Interior any information that the Commission
determines to be relevant--
(i) to the work of the Commission; or
(ii) to any investigation of the Indian
Boarding School Policies being conducted by the
Department of the Interior.
(4) Testimony.--The Commission shall take testimony from--
(A) survivors of schools described in paragraph
(2)(A), in order to identify how the experience of
those survivors impacts their lives, so that their
stories will be remembered as part of the history of
the United States; and
(B) American Indian, Alaska Native, and Native
Hawaiian individuals, tribes, and organizations
directly impacted by assimilation practices supported
by the Federal Government, including assimilation
practices promoted by--
(i) religious groups receiving funding, or
working closely with, the Federal Government;
(ii) local, State, and territorial school
systems;
(iii) any other local, State, or
territorial government body or agency; and
(iv) any other private entities; and
(C) those who have access to, or knowledge of,
historical events, documents, and items relating to the
Indian Boarding School Policies and the impacts of
those policies, including--
(i) churches;
(ii) the Federal Government;
(iii) State and local governments;
(iv) individuals; and
(v) organizations.
(5) Reports.--
(A) Initial report.--Not later than 3 years after
the date of enactment of this Act, the Commission shall
make publicly available and submit to the President,
the White House Council on Native American Affairs, the
Secretary of the Interior, the Secretary of Education,
the Secretary of Health and Human Services, the
Committee on Indian Affairs of the Senate, the
Committee on Natural Resources of the House of
Representatives, and the Members of Congress making
appointments under subsection (b)(1), an initial report
containing--
(i) a detailed statement of the findings
and conclusions of the Commission;
(ii) the recommendations of the Commission
for such legislation and administrative actions
as the Commission considers appropriate;
(iii) the recommendations of the Commission
to provide or increase Federal funding to
adequately fund--
(I) American Indian, Alaska Native,
and Native Hawaiian programs for mental
health and traditional healing
programs;
(II) a nationwide hotline for
survivors, family members, or other
community members affected by the
Indian Boarding School Policies; and
(III) the development of materials
to be offered for possible use in K-12
Native American and United States
history curricula to address the
history of Indian Boarding School
Policies; and
(iv) other recommendations of the
Commission to identify--
(I) possible ways to address
historical and intergenerational trauma
inflicted on American Indian, Alaska
Native, and Native Hawaiian communities
by the Indian Boarding School Policies;
and
(II) ongoing and harmful practices
and policies relating to or resulting
from the Indian Boarding School
Policies that continue in public
education systems.
(B) Final report.--Not later than 5 years after the
date of enactment of this Act, the Commission shall
make available and submit a final report in accordance
with the requirements under subparagraph (A) that have
been agreed on by the vote of a majority of the members
of the Commission.
(i) Powers of Commission.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this section--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths, virtually or in-
person, as the Commission may determine advisable; and
(B) subject to subparagraphs (A) and (B) of
paragraph (2), require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, videos, oral histories, recordings,
documents, or any other paper or electronic material,
virtually or in-person, as the Commission may determine
advisable.
(2) Subpoenas.--
(A) In general.--
(i) Issuance of subpoenas.--Subject to
subparagraph (B), the Commission may issue
subpoenas requiring the attendance and
testimony of witnesses and the production of
any evidence relating to any matter that the
Commission is empowered to investigate under
this section.
(ii) Vote.--Subpoenas shall be issued under
clause (i) by agreement between the Chairperson
and Vice Chairperson of the Commission, or by
the vote of a majority of the members of the
Commission.
(iii) Attendance of witnesses and
production of evidence.--The attendance of
witnesses and the production of evidence may be
required from any place within the United
States at any designated place of hearing
within the United States.
(B) Protection of person subject to a subpoena.--
(i) In general.--When issuing a subpoena
under subparagraph (A), the Commission shall--
(I) consider the cultural,
emotional, and psychological well-being
of survivors, family members, and
community members affected by the
Indian Boarding School Policies; and
(II) take reasonable steps to avoid
imposing undue burden, including
cultural, emotional, and psychological
trauma, on a survivor, family member,
or community member affected by the
Indian Boarding School Policies.
(ii) Quashing or modifying a subpoena.--On
a timely motion, the district court of the
United States in the judicial district in which
compliance with the subpoena is required shall
quash or modify a subpoena that subjects a
person to undue burden as described in clause
(i)(II).
(C) Failure to obey a subpoena.--
(i) Order from a district court of the
united states.--If a person does not obey a
subpoena issued under subparagraph (A), the
Commission is authorized to apply to a district
court of the United States for an order
requiring that person to appear before the
Commission to give testimony, produce evidence,
or both, relating to the matter under
investigation.
(ii) Location.--An application under clause
(i) may be made within the judicial district
where the hearing relating to the subpoena is
conducted or where the person described in that
clause is found, resides, or transacts
business.
(iii) Penalty.--Any failure to obey an
order of a court described in clause (i) may be
punished by the court as a civil contempt.
(D) Subject matter jurisdiction.--The district
court of the United States in which an action is
brought under subparagraph (C)(i) shall have original
jurisdiction over any civil action brought by the
Commission to enforce, secure a declaratory judgment
concerning the validity of, or prevent a threatened
refusal or failure to comply with, the applicable
subpoena issued by the Commission.
(E) Service of subpoenas.--The subpoenas of the
Commission shall be served in the manner provided for
subpoenas issued by a district court of the United
States under the Federal Rules of Civil Procedure.
(F) Service of process.--All process of any court
to which an application is made under subparagraph (C)
may be served in the judicial district in which the
person required to be served resides or may be found.
(3) Additional personnel and services.--
(A) In general.--The Chairperson of the Commission
may procure additional personnel and services to ensure
that the work of the Commission avoids imposing an
undue burden, including cultural, emotional, and
psychological trauma, on survivors, family members, or
other community members affected by the Indian Boarding
School Policies.
(B) Compensation.--The Chairperson of the
Commission may fix the compensation of personnel
procured under subparagraph (A) without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for such personnel may not exceed the
rate payable for level V of the Executive Schedule
under section 5316 of that title.
(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property relating to the
purpose of the Commission
(j) Application.--The Commission shall be subject to chapter 10 of
title 5, United States Code (commonly known as the ``Federal Advisory
Committee Act'').
(k) Consultation With Indian Tribes.--In carrying out the duties of
the Commission under subsection (h), the Commission shall consult with
Indian Tribes.
(l) Collaboration by the Department of the Interior.--The
Department of the Interior shall collaborate and exchange relevant
information with the Commission in order for the Commission to
effectively carry out the duties of the Commission under subsection
(h).
(m) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the final report
required under subsection (h)(5)(B).
(n) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission to carry out this section such sums as
may be necessary, to remain available until expended.
<all>
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